Acts and resolutions of the General Assembly of the state of Georgia 1970 [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 19700000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1970 19700000 Compiled and Published by Authority of the State

Compiler's Note To speed publication, the Acts and Resolutions of the 1970 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 1336. The proposed amendments to the Constitution were grouped together beginning at page 973 of Volume One and are followed by a complete index beginning with page 1155. 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 1969 are printed in Volume Two beginning on page 3524. Home Rule Actions By Counties filed in the Office of Secretary of State during 1969 are printed in Volume Two beginning on page 3505. There are no intervening pages between 1336 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible, and this is followed by a regular alphabetical index.

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1970 USE OF STATE FUNDS TO RECLAIM NATURAL RESOURCES. No. 731 (Senate Bill No. 307). An Act to provide for the reclamation of natural resources owned by any county or municipality when the deterioration of such resources is caused by erosion, Act of God or other unforeseen event; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Authorization is hereby granted for the use of State funds for the purpose of reclaiming natural resources owned by any county or municipality, which resources

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have deteriorated due to erosion, Act of God or other unforeseen event. In the event funds are appropriated for such purpose, the State Parks Department is hereby designated as the State agency to administer the use of such funds and to contract, when and if necessary, with the United States government or any agency thereof, with any municipality, with any county, or with any other person, firm, corporation, or any public entity in connection with such reclamation. Any funds so appropriated shall be appropriated to the Parks Department which may authorize the use of such funds by municipalities and counties for reclamation purposes. The use of such funds by municipalities and counties shall be under such terms and conditions as shall be prescribed by the Parks Department. In the event of the use of such funds by municipalities or counties, this shall be deemed a grant of such funds thereto. 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 January 27, 1970. AGRICULTURESALE OF FLUE-CURED TOBACCO. No. 734 (Senate Bill No. 291). An Act to amend an Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, by an Act approved April 10, 1968 (Ga. L. 1968, p. 1242), so as to redefine the regular selling season; to remove the provisions establishing a minimum number of selling days; to change the maximum number of selling hours; to remove the provisions authorizing a warehouse to cease its operations 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. An Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, by an Act approved April 10, 1968 (Ga. L. 1968, p. 1242), 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. No person real or corporate shall operate, hold or conduct an auction sale for the sale of flue-cured leaf tobacco within this State without first having obtained a license for the regular selling season in which the sale is made from the Commissioner of Agriculture. Each license so issued shall automatically expire at the end of the regular selling season. The regular selling season shall be deemed to have ended at the close of business on the marketing day any regulatory group or committee shall cause any of the sets of buyers normally assigned to the Georgia flue-cured tobacco auction markets to be withdrawn for the purpose of reassigning them to auction markets in other tobacco belts. The Commissioner of Agriculture, in his discretion, may issue additional licenses to warehousemen at the end of the regular selling season as he deems necessary and desirable for `clean-up' sales or special sales. Said licenses to terminate at the conclusion of said `clean-up' or special sale. The license fee shall be $10.00 for each regular selling season with no additional fee for licenses issued for `clean-up' or special sales. Licenses shall be subject to renewal from one regular selling season to another under such rules and regulations as the Commissioner of Agriculture shall prescribe. Section 2. 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 operating day of each flue-cured leaf tobacco warehouse shall not exceed the number of hours required to adequately and efficiently handle and sell the number of pounds or piles of tobacco allowed to be sold each day. The operating week of such warehouse shall be limited to five (5) actual selling days, provided that no sale shall be

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held on Saturday or Sunday. All tobacco warehouses shall be closed on Sunday for the purpose of receiving, unloading, weighing or placing tobacco on a warehouse floor between the hours of 12:01 a.m., Sunday and 12:01 a.m., Monday. Section 3. Said Act is further amended by striking section 11 in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1970. AGRICULTURETOBACCO ADVISORY BOARD. No. 735 (Senate Bill No. 293). An Act to amend an Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 1242), so as to change the membership of the Tobacco Advisory Board; to provide that the Commissioner of Agriculture in selecting the new members of the Board shall strive to give the Board geographical balance; to provide that all members of the Board shall be bona fide residents of the State of Georgia; to provide that the Commissioner of Agriculture shall send one legislative member and one farmer member of the Board to the meetings of the Board of Governors of the Bright Belt Warehouse Association; to provide that the Georgia Commissioner of Agriculture shall invite the Florida Commissioner of Agriculture and one member of the Florida Tobacco Advisory Board to attend meetings of the Georgia Tobacco Advisory Board to submit evidence concerning the opening date of the tobacco selling season; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 1242), 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. To aid in the administration of this Act, there is hereby created an advisory Board to be composed of twelve (12) members. Three (3) members are to be members of the House of Representatives to be appointed by the Speaker of the House, and two (2) members are to be members of the Senate to be appointed by the President of the Senate. The members of the General Assembly shall be appointed from those members who are tobacco producers or in the absence of such producers in the General Assembly such members may be appointed from the members of the General Assembly who represent the flue-cured leaf tobacco producing counties and districts of this State. One (1) member shall be the Commissioner of Agriculture, ex-officio, or his representative, who shall be Chairman of the Board. One (1) member shall be the President of the Georgia Farm Bureau Federation, or his representative. One (1) member shall be a member of the Georgia Flue-Cured Tobacco Warehousemen's Association to be appointed by the President of that Association. Four (4) members shall be flue-cured leaf tobacco farmers to be appointed by the Commissioner of Agriculture. The Commissioner in selecting the four (4) tobacco farmer members shall strive to give the Board geographical balance so that all flue-cured tobacco producing areas of the State will be represented on the Board. All members of the Board shall be bona fide residents of the State of Georgia. The appointive members shall serve at the pleasure of the appointing officer. The members of the General Assembly shall receive the per diem and expense allowance provided for committee work of the General Assembly and such sums shall be paid from the funds appropriated for the operation of the General Assembly. The other appointive members of the Board shall be compensated in the amount of $15.00 per day for each day in attendance of the duties of the Board and shall be reimbursed for the necessary expenses incurred in the performance of

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his duties from the funds of the Department of Agriculture. The Commissioner shall be reimbursed for his expenses incurred in the performance of his duties. The members of the Board shall not receive the per diem provided herein for more than seven (7) days per year. Created, members. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. The Board shall meet in June of each year, or upon the call of the Chairman, to survey the condition of the tobacco crop and recommend an opening date of the marketing season. The Chairman shall determine the time and place of the meeting. The Board shall recommend to the Commissioner a date for the opening of the tobacco marketing season. The Georgia Commissioner of Agriculture shall invite the Florida Commissioner of Agriculture and one member of the Florida Tobacco Advisory Board to attend meetings of the Georgia Tobacco Advisory Board to submit evidence as to the opening date best suited to meet the needs of the Florida flue-cured tobacco producers. The Commissioner shall cause two (2) members of the Tobacco Advisory Board to attend the meeting of the Board of Governors of the Bright Belt Warehouse Association to make known the recommendations as to the opening of the marketing season in Georgia. One (1) of these members shall be a legislative member and the other member a tobacco farmer member of the Board. The Commissioner shall determine and announce the opening date of the tobacco marketing season in this State. If any licensee shall hold a sale prior to the date determined by the Commissioner, the license of the licensee shall stand revoked and shall not be reinstated or reissued in the calendar year of the revocation. The revocation provided herein shall be in addition to the other penalties provided for the violation of this Act. It is the intent and purpose of this Section to provide a procedure for the fixing of the opening date of the tobacco marketing season and to place the final authority to fix said date in the Commissioner of Agriculture. Meetings, etc.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1970. STATE EMPLOYEES' HEALTH INSURANCE ACT AMENDEDCONTRIBUTIONS BY STATE. No. 736 (Senate Bill No. 310). An Act to amend an Act, relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 277), so as to increase the maximum permissible participation and contribution in the health insurance plan for employees by the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 277), is hereby amended by striking from section 11 the following: two per centum, and substituting in lieu thereof two and one-half per centum, so that when so amended, section 11 shall read as follows: Section 11. During any period in which an employee is covered under this Act prior to the date of his retirement, there shall be withheld from each salary payment, or other compensation, of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the

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amounts prescribed by the Board with the consent of the recipient. The various departments, boards, and agencies of the State Government shall contribute to this health insurance fund such portions of the cost of such benefits as may be established by the State Personnel Board as funds become available in each department, board and/or agency not exceeding the sum of two and one-half per centum of the total outlay for personal services in addition to an amount to be established by the Board to defray the cost of administration and the State's portion of the cost of benefits payable for annuitants. The State Treasurer shall contribute to this health insurance fund as an employer payment for and on behalf of all members of the General Assembly of the State of Georgia, its admininistrative and clerical personnel, and all solicitors-general of the superior courts of the State of Georgia, such portions of the costs of such benefits as may be established by the State Personnel Board as a per centum of the total outlay for services rendered by members of the General Assembly of the State of Georgia, its administrative and clerical personnel, and all solicitors-general of the superior courts of the State of Georgia, and in addition thereto an amount to be established by the Board to defray the cost of administration. Section 2. This Act shall become effective on April 1, 1970. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1970. JURY COMMISSIONERS IN CERTAIN COUNTIES (3,600-4,500). Code 59-101 Amended. No. 740 (House Bill No. 1123). An Act to repeal an Act entitled An Act to amend Code

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section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, as amended, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 according to the 1960 United States census or any future such census and provide for letting out any county which either by increase or decrease according to the last United States census ceases to have the required population as set out in this Act; to provide for cessation of certain appointments and for making subsequent appointments; to repeal conflicting laws; and for other purposes., approved January 29, 1962 (Ga. L. 1962, p. 6); to provide for the appointment of jury revisors and for the revision of jury lists within the counties affected by said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend Code section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, as amended, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 according to the 1960 United States census or any future such census and provide for letting out any county which either by increase or decrease according to the last United States census ceases to have the required population as set out in this Act; to provide for cessation of certain appointments and for making subsequent appointments; to repeal conflicting laws; and for other purposes., is hereby repealed in its entirety; provided, however, that the judge of the superior court of any county affected by the Act repealed by this Act is hereby authorized to appoint immediately jury revisors for such county and shall be further authorized to order a revision of the jury list of such county within ten days after the effective date of this Act. 1962 Act repealed. Section 2. This Act shall become effective upon its approval

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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 February 9, 1970. ACT PLACING DISTRICT ATTORNEYS ON SALARY BASIS AMENDED. No. 741 (House Bill No. 1171). An Act to amend an Act placing the district attorneys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, approved April 8, 1968 (Ga. L. 1968, p. 992), so as to provide that any district attorney who is presently being compensated on a fee basis or who is presently being paid a salary by the counties comprising his judicial circuit may elect to come under the annual salary provisions of 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. An Act placing the district attorneys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, approved April 8, 1968 (Ga. L. 1968, p. 992), is hereby amended by adding at the end of section 2 the following paragraph: Notwithstanding any other provisions of this Act, any district attorney of the Superior Courts of this State who is presently being compensated on a fee basis or who is presently being paid a salary by the counties comprising his judicial circuit may elect to come under the provisions of this Act by writing a letter to the State Treasurer requesting that he be placed on an annual salary as provided herein.

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Such letter shall specify the date on which the district attorney wishes to start receiving such annual salary. Any district attorney who elects to come under the provisions of this Act shall receive the salary provided for in section 1 and the contingent expense allowance provided for in section 5 but no other compensation unless such compensation has been or may hereafter be fixed by the provisions of a local law pertaining thereto. No district attorney receiving an annual salary as provided herein shall engage in the private practice of law. 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 February 9, 1970. EASTERN JUDICIAL CIRCUITSALARY OF DISTRICT ATTORNEY. No. 742 (House Bill No. 1094). An Act to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia; 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. In addition to the salary and allowances received by the district attorney of the Eastern Judicial Circuit from the State of Georgia, said district attorney shall receive an annual supplementary base salary of $6,000 plus an additional sum of $480 for each four-year period of service as the district attorney of the Eastern Judicial Circuit, up to

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a maximum supplement of $8,400 per annum. Said supplement shall be paid from the funds of Chatham County as a part of the operating expenses of the Chatham County Superior Court. 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 Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia at its 1970 session for the passage of a Bill which will have the effect of supplementing the salary of the district attorney of the Eastern Judicial Circuit of Georgia, and to repeal all other laws which might be in conflict. This 10th day of December, 1969. Commissioners and Exofficio Judges of Chatham County, Georgia. By J. E. Lambright, Clk. County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan S. Gaynor who, on oath, deposes and says that he is Representative from the 88th District, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 19 and 26, 1969; January 2, 1970.

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/s/ Alan S. Gaynor Representative, 88th District. Sworn to and subscribed before me, this 14th day of January, 1970. /s/ Gail Morris, Notary Public (Seal). Approved February 10, 1970. ATTORNEY-GENERALSALARY. No. 744 (House Bill No. 179). An Act to amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 131), an Act approved March 4, 1966 (Ga. L. 1966, p. 165), and an Act approved March 17, 1967 (Ga. L. 1967, p. 101), so as to increase the compensation of the Attorney General; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 131), an Act approved March 4, 1966 (Ga. L. 1966, p. 165), and an Act approved March 17, 1967 (Ga. L. 1967, p. 101), is hereby amended by striking from section 2 (a) the words and figures twenty six thousand dollars ($26,000.00) and inserting in lieu thereof the words and figures Thirty Thousand Dollars ($30,000.00) so that, when so amended, said section 2 (a) shall read as follows: Section 2 (a). The Attorney General shall be compensated

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in the amount of Thirty Thousand Dollars ($30,000.00) per annum, payable in semi-monthly installments, with an additional amount of eight hundred dollars ($800.00) per annum for each four (4) years of State service with a branch or department of State Government, up to a maximum of 20 years service, financed by appropriations payable through the State Treasury, figured at the beginning of each such period of State service. The salary provided herein shall be cumulative of and in lieu of all other salaries, fees, compensation, allowances and perquisites of such office of every nature and including services performed by him on all boards, commissions and agencies of the State government to which he shall belong or serve by virtue of his office. He shall be entitled to reimbursement for actual transportation cost while traveling by public carrier and the legal mileage rate for the itemized official use of a personal automobile, together with the actual cost of meals and lodging while away from his office on official State business. Section 2. The provisions of this Act shall become effective on the first day of January, 1971. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 13, 1970. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDURBAN TRANSIT SYSTEMS. No. 745 (House Bill No. 1101). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to exempt therefrom fares and charges (except charges for charter and sight-seeing service) collected by urban transit systems; to define urban transit systems under

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the terms hereof; to provide for the issuing and filing of an urban transit system certificate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding at the end of section 3 (c) (2) a new paragraph (w) to read as follows: (w) The tax levied by this Act shall not apply to fares and charges (except charges for charter and sight-seeing service) collected by urban transit systems for the transportation of passengers. Urban transit systems are defined as public transit systems, primarily urban in character, which are operated by street railroad companies or motor common carriers and are subject to the jurisdiction of the Georgia Public Service Commission, with their fares and charges being regulated by the Commission, or are operated pursuant to a franchise contract with a municipality of this State, whereby their fares and charges are regulated by, or are subject to the approval of, such municipality. An urban transit system certificate shall be issued by the Commission, or such municipality that may have regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. Such certificate shall be obtained and filed annually with the State Revenue Commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1970. STATE BOARD OF WORKMEN'S COMPENSATION ACT AMENDED. No. 750 (Senate Bill No. 312) An Act to amend an Act creating the State Board of

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Workmen's Compensation, approved February 8, 1943 (Ga. L. 1943, p. 167), as amended, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; to provide for certain exemptions; to provide for other matters relative thereto; to provide for the repeal of specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be is enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Workmen's Compensation, approved February 8, 1943 (Ga. L. 1943, p. 167), as amended, is hereby amended by striking the last sentence of section 3 of said original 1943 Act and inserting in lieu thereof the following: All officials, personnel and employees of the State Board of Workmen's Compensation are hereby placed under the State Merit System and shall be subject to the laws and rules and regulations relative to said System. Provided, however, that except for compensation, such laws and rules and regulations shall not apply to the Members of the Board, the Deputies and the Secretary-Treasurer, whose method of appointment, removal and terms of office shall remain as now provided by law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved January 30, 1946 (Ga. L. 1946, p. 28), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 3, 1950 (Ga. L. 1950, p. 72), is hereby repealed in its entirety. None of the Acts repealed by the aforesaid 1950 Act shall be revived by the repeal of said 1950 Act. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 28, 1956 (Ga. L. 1956, p. 367), is hereby

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repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved March 16, 1960 (Ga. L. 1960, p. 812), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 16, 1962 (Ga. L. 1962, p. 94), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 10, 1966 (Ga. L. 1966, p. 17), is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1970. SALARIES OF JUSTICES OF SUPREME COURT AND JUDGES OF COURT OF APPEALS. No. 757 (Senate Bill No. 26). An Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. L. 1957, p. 205), as amended by an Act approved January 18, 1962 (Ga. L. 1962, p. 3), and an Act approved February 28, 1966 (Ga. L. 1966, p. 72), so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. L. 1957, p. 205), as amended by an Act approved January 18, 1962 (Ga. L. 1962, p. 3), and an Act approved February 28, 1966 (Ga. L. 1966, p. 72), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows:

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Section 1. Effective July 1, 1970, the annual salary of each Justice of the Supreme Court shall be, and the same is hereby fixed in the sum of $32,500.00. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Effective July 1, 1970, the annual salary of each Judge of the Court of Appeals shall be, and the same is hereby fixed in the sum of $32,500.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1970. REVENUETAXATION OF MOTOR FUEL OTHER THAN GASOLINE. Code 92-1403, 92-1407 Amended. No. 759 (House Bill No. 1002). An Act to amend Code sections 92-1403 and 92-1407 of the Georgia Code of 1933 relating to the taxation of motor fuel, as amended, particularly by an Act approved March 18, 1937, known as the Motor Fuel Tax Law, (Ga. L. 1937, p. 167), as amended by an Act approved January 24, 1955 (Ga. L. 1955, Ex. Sess., p. 52); as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 646); as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 61), so as to provide certain exemptions for motor fuel of a type other than gasoline used for non-highway purposes; to change the provisions for penalties and interest; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-1403 of the Georgia Code of 1933, as amended, particularly by an Act approved March

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18, 1937, known as the Motor Fuel Tax Law (Ga. L. 1937, p. 167), as amended by an Act approved January 24, 1955 (Ga. L. 1955, Ex. Sess., p. 52); as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 646); as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 61), is hereby amended by striking from the introductory paragraph of paragraph (E) of Code section 92-1403 the following sentence: When motor fuel (of a type other than gasoline) has the tax, imposed on motor fuel by section 92-1403 (A) (1), paid, and the motor fuel is subsequently used for non-highway purposes only the user may claim an exemption by becoming licensed as a distributor under section 92-1403 (B) (2) of this chapter. Repealed. Section 2. Said Code section 92-1403 is further amended by adding at the end of paragraph (E) (2) of said Code section the following language: When motor fuel (of a type other than gasoline) has the tax, imposed on motor fuel by section 92-1403 (A) (1), paid, and the motor fuel was used for non-highway purposes the user may claim an exemption by becoming licensed as a distributor within two years after the purchase of such fuel; provided such fuel was purchased within two years prior to the effective date of this amendment or thereafter. Code 92-1403 amended. Section 3. Code section 92-1407 of the Georgia Code of 1933, as amended, particularly by an Act approved March 18, 1937, known as the Motor Fuel Tax Law (Ga. L. 1937, p. 167) is hereby amended by striking paragraph (D) in its entirety and substituting in lieu thereof the following so that when so amended paragraph (D) of Code section 92-1407 shall read as follows: (D) (1) When any distriubtor shall fail to file its monthly report with the State Revenue Commissioner on or before the time fixed in this Chapter for the filing thereof, there shall be imposed a penalty of twenty-five dollars ($25.00) for each such failure to file. Code 92-1407 amended. (D) (2) When any distributor shall fail to pay to the

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State Revenue Commissioner the amount of excise taxes due to the State of Georgia when the same shall be payable, there shall be imposed a penalty of ten percent (10%) of the amount of the unpaid tax due and interest on the unpaid tax at the rate of one percent (1%) per month from the time said tax became due until paid. (D) (3) All penalties and interest imposed by this Chapter shall be payable and collectible by the Commissioner in the same manner as if they were a part of the tax imposed. Section 4. The provisions of this Act shall become effective on the first day of the month after its approval or its otherwise becoming law. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1970. REVISION AND COMPLETION OF TAX ASSESSMENTS IN CERTAIN COUNTIES ((250,000-500,000). Code 92-6917 Amended. No. 761 (House Bill No. 1415). An Act to repeal an Act entitled Revision and Completion of Tax Assessments in Certain Counties approved March 4, 1964 (Ga. L. 1964, p. 241); 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 Revision and Completion of Tax Assessments in Certain Counties approved March 4, 1964 (Ga. L. 1964, p. 241), is hereby repealed in its entirety. 1964 amendment repealed. 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. Approved February 16, 1970. REVENUE BOND LAW AMENDEDMAXIMUM INTEREST RATE. No. 768 (House Bill No. 1196). An Act to amend an Act known as the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 1050), an Act approved March 22, 1967 (Ga. L. 1967, p. 129), and an Act approved April 8, 1968 (Ga. L. 1968, p. 1010), so as to change the maximum interest rate which may be borne by revenue bonds; 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 Bond Law (formerly known as the Revenue Certificate Law of 1937), approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 1050), an Act approved March 22, 1967 (Ga. L. 1967, p. 129), and an Act approved April 8, 1968 (Ga. L. 1968, p. 1010), is hereby amended by striking from the first sentence of section 5 the following: seven percent (7%), and inserting in lieu thereof the following: nine percent (9%), so that when so amended section 5 shall read as follows: Section 5. Revenue bonds may be issued under this Act in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or

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rates not exceeding nine percent (9%) per annum, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration, conversion and exchangeability privileges; may be subject to such terms of redemption with or without premium; may be declared or become due before the maturity date thereof; may be executed in such manner; and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. All bonds issued under this Act bearing the signature of officers in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the governing body may determine, may be issued to the purchaser or purchasers of bonds to be issued under this Act. Said bonds and interim receipts shall be negotiable for all purposes, and said bonds shall be and are hereby declared to be nontaxable for any and all purposes. Section 2. 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 February 20, 1970. UNIFORM COUNTY COMMISSIONERS LAW AMENDED. No. 770 (House Bill No. 1391). An Act to provide a uniform county commissioners law for such counties as may require a commission form of government... (Ga. L. 1922, p. 82, et seq.), as heretofore

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amended by the amendment approved February 22, 1947 (Ga. L. 1947, p. 100), by further amendment so as to provide that no person shall be county manager before he shall have attained his twenty-fifth birthday; to provide a period of probation of twelve months for any newly appointed county manager, during which he may be discharged without cause, and without the right of hearing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia; and it is hereby enacted by the authority of same as follows: Section 1. The Act entitled An Act to provide a uniform county commissioners law for such counties as may require a form of county commission government... (Ga. L. 47, p. 100), as heretofore amended by the amendment thereto approved February 22, 1947 (Ga. L. 1947, p. 100, et seq.), be further amended by striking the word and numeral thirtieth (30th) in line 3 of section 31 of said Act as amended, and inserting in lieu thereof the word and numeral twenty-fifth (25th) so that said section 31 as so amended shall read as follows: No person shall be county manager of any such county before he shall have attained his twenty-fifth (25th) birthday, but shall not be eligible to hold the office after he reaches the age of sixty-five (65) years. He shall be of good character, be of proven executive ability and experience. No person related by blood or marriage within the third degree, to any member of the county commission, or who is a member of the county commission, or holder of a public elective office in the county or in any city or town political subdivision located within the territorial limits of the county at the time of his appointment or one year prior thereto, shall be eligible for appointment as county manager. County manager. Section 2. Be it further enacted that said Act be further amended by adding at the end of section 30 of said Act as amended by the Act of 1947 (Ga. L. 1947, p. 100 et seq.) the following language:

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Provided, during the period of twelve months immediately following the appointment of any person to the office of county manager, such person may be removed at will by the county commission or other governing authority, without notice, without cause, and without the necessity of any public or private hearing, it being the intention of this provision that a newly appointed county manager shall be on probation for a period of twelve months following his election and qualification. Probation period. Section 3. Be it further enacted by the Authority aforesaid that all laws or parts of laws in conflict therewith be and the same are hereby repealed. Approved February 20, 1970. STATE EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 773 (House Bill No. 1142). An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the provisions relating to the certification of disability by the medical board; to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety and officers or agents of the Georgia Bureau of Investigation; to remove certain provisions requiring reimbursement by the Department of Public Safety to the retirement system for permanent disability allowances and supplemental benefits paid to a member during his permanent disability; to authorize the board of trustees to increase the normal and accrued contribution percentage rate of the Department of Public Safety; to provide for the payment of the normal and accrued contribution by another department or agency under certain conditions; to change the retirement benefits for certain members of the Uniform Division of the Department of Public Safety and officers or agents of the Georgia Bureau of Investigation; 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 establishing the State Employees' Retirement system, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new paragraph at the end of subsection (6) of section 8, to read as follows: Any other provisions of law to the contrary notwithstanding, the board of trustees may increase the normal and accrued contribution percentage rate of the Department of Public Safety to an amount not to exceed fifteen per cent of the earnable compensation of all contributing members. In the event any group of employees are transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and accrued contribution on behalf of such employees at the rate set by the board of trustees not to exceed fifteen per cent. Department of Public Safety. Section 2. Said Act is further amended by striking paragraph (b) of subsection (3) of section 5 in its entirety and inserting in lieu thereof a new paragraph (b) of subsection (3) of section 5, to read as follows: (b) Any member in service may be retired by the board of trustees on a disability allowance upon written application to the board of trustees made by such member or his employer, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof: Provided, such member has 15 or more years of creditable service, and provided the medical board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for further performance of duty in the position he occupied at the time the disability originated, and that such incapacity is likely to be permanent and that he should be retired. Disability retirement. Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation, who, as a contributing member of this system and who, upon

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becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 per cent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occurred: Provided, further, such permanent disability retirement shall apply regardless of the length of service of any such member, and, further, such member shall be deemed to have acquired 20 or more years of creditable service. In addition, a member so disabled in the line of duty, shall receive a monthly supplemental benefit which shall be in the amount of $5 per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety or as an officer or agent of the Georgia Bureau of Investigation. Such additional monthly supplemental benefit shall in no event exceed $150 per month. In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 per cent of his monthly earnable compensation for the month in which his permanent disability occurred for each year of creditable service determined as though he had continued in service in the Uniform Division of the Department of Public Safety or as an officer or agent of the Georgia Bureau of Investigation until his mandatory retirement age. Section 3. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows:

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Section 15. (a) Any other provisions of this Act to the contrary notwithstanding, every person who is in service in the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer or trooper, or who is in service as an officer or agent of the Georgia Bureau of Investigation, on June 30, 1970, and every person who enters or reenters service in the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer or trooper, or as an officer or agent of the Georgia Bureau of Investigation, on or after July 1, 1970, shall be covered by the provisions of this section. Department of Public Safety employees. (b) Every officer, noncommissioned officer and trooper in the Uniform Division of the Department of Public Safety and every officer or agent of the Georgia Bureau of Investigation shall retire upon attainment of the mandatory retirement age prescribed by this section, and upon retirement he shall receive the regular retirement benefits under this Act, subject to a minimum monthly retirement benefit equal to 2 per cent of his highest average compensation for each year of creditable service, by filing an application therefor in a manner similar to that provided in section 5 of this Act. (c) A member subject to the provisions of this Section shall be retired on the last day of the month following the month in which he attains fifty-five years of age; provided, however, that during the years 1970 through 1975, a member subject to the provisions of this section shall be retired on the last day of the month following the month in which he attains the mandatory retirement age set forth below: Year Mandatory Retirement Age nineteen hundred seventy sixty or over nineteen hundred seventy-one fifty-nine nineteen hundred seventy-two fifty-eight nineteen hundred seventy-three fifty-seven nineteen hundred seventy-four fifty-six nineteen hundred seventy-five fifty-five

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Any member sixty years of age or over on the effective date of this Act shall be retired on July 31, 1970. During the period 1971-1975, any member who has attained any mandatory retirement age specified in this subsection by January 1 of any year during such period shall be retired on January 31 of such year. The above mandatory retirement ages may be waived by the Director of the Department of Public Safety as necessary to permit a member who entered service in the Division on or before December 31, 1960, to complete service sufficient to provide him with twenty-five years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service. The provisions of this subsection shall not apply to the Director or the Deputy Director of the Department of Public Safety. (d) For the purpose of this section, the term `highest average compensation' means the members' highest average monthly earnable compensation during a period of eight (8) consecutive calendar quarters while a member of the System, but not to include any increase or decrease in salary that is in excess of two (2) five per cent (5%) increases or decreases during such eight (8) calendar quarters. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1970. SALE OF PRESCRIPTION EYEGLASSES AND SUNGLASSES. No. 774 (House Bill No. 1287). An Act to prohibit the distribution, sale or delivery of prescription

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eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses or laminated lenses; to provide exceptions; to prohibit the distribution, sale, exchange, delivery of any prescription eyeglass frame or sunglass frame containing any form of cellulose nitrate or other highly flammable materials; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) No person shall distribute, sell or deliver any prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat-treated glass lenses (of not less than 2mm optical center thickness, with average thickness between the center and the thinnest edge not less than 1.7mm and an edge thickness of not less than 1.0mm at the thinnest point of the edged lens), plastic lenses, or laminated lenses, except in those cases where the physician or optometrist, having found that such lenses will not fulfill the visual requirements of the particular patient, directs in writing the use of other lenses, and gives written notification thereof to the patient. (b) No person shall distribute, sell, exchange or deliver, or have in his possession with intent to distribute, sell, exchange or deliver in this State any prescription eyeglass frame or sunglass frame containing any form of cellulose nitrate or other highly flammable materials. Section 2. Violation of section 1 of this Act shall be punished as follows: the first offense shall be punished by a fine of not more than $200.00; the second offense shall be punished by a fine of not more than $500.00; and the third or subsequent offense shall be punished by suspension of the violator's license to practice for six calendar months. Section 3. This Act shall become effective July 1, 1971. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1970.

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GENERAL APPROPRIATIONS ACT. No. 775 (House Bill No. 1100). An Act to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the General Appropriations Act, approved April 28, 1969 (Ga. Laws 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1969-70. Section 1. An act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the General Appropriations Act, approved April 28, 1969 (Ga. Laws 1969, p. 880), is hereby amended by striking from Section 5, relating to Superior Courts, the figure $1,756,967.00 and inserting in lieu thereof the figure $2,257,000.00. Section 2. Said Act is further amended by adding a new section to be known as Section 7A, to read as follows: 7A. Air Transportation, Department of. 1969-70.....$ 253,919.00 Changed object: Capital Outlay.....$ 80,000.00. Section 2A. Said Act is further amended by striking from Section 8, relating to the Georgia Art Commission, the figure $57,060.00 and inserting in lieu thereof the figure $83,060.00.

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Section 3. Said Act is further amended by striking from paragraph (b) of Section 16, relating to grants to Area Planning and Development Commissions under the Planning and Programming Bureau, the figure $823,200.00 and inserting in lieu thereof the figure $852,200.00. Section 4. Said Act is further amended by striking from paragraph A. of Section 18, relating to the general operating costs of the Department of Industry and Trade, the figure $2,591,014.00 and inserting in lieu thereof the figure $2,919,095.00. Changed object: Advertising.....$ 1,242,000.00. Section 4A. Said Act is further amended by striking from Section 25, relating to the Public Service Commission, the figure $688,131.00 and inserting in lieu thereof the figure $713,131.00. Section 5. Said Act is further amended by striking from Section 26, relating to the Supervisor of Purchases, the figure $467,653.00 and inserting in lieu thereof the figure $497,653.00. Section 6. Said Act is further amended by striking from paragraph A. of Section 35, relating to the operation of all activities of the Department of Agriculture, including the operation of Farmers Markets, the figure $7,553,575.00 and inserting in lieu thereof the figure $7,653,575.00, and by striking the figure $2,951,866.00 and inserting in lieu thereof the figure $2,854,266.00, and by adding before the proviso the following: Indemnities.....$ 228,600.00.

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Section 7. Said Act is further amended by striking from Section 38C., relating to the Game and Fish Commission, the figure $3,474,013.00 and inserting in lieu thereof the figure $3,481,116.00. Section 8. Said Act is further amended by striking from Section 36J (a), relating to the general operation and development of State Parks, the figure $1,766,584.00 and inserting in lieu thereof the figure $1,828,192.00, and by striking the figure $206,220.00 and inserting in lieu thereof the figure $478,720.00, and by adding at the end thereof: Provided, that from the appropriation for capital outlay, $135,000.00 shall be used for land acquisition at Providence Canyon, and $2,500.00 shall be used at High Falls State Park. Section 9. Said Act is further amended by striking from Section 36K., relating to the Soil and Water Conservation Committee, the figure $409,548.00 and inserting in lieu thereof the figure $427,800.00. Section 10. Said Act is further amended by striking from Section 37B., relating to capital outlay-authority lease rentals under the State Board of Corrections, the figure $790,000.00 and inserting in lieu thereof the figure $840,000.00, and by striking the following: Authority Lease Rentals.....$ 790,000.00 and inserting in lieu thereof the following: Authority Lease Rentals.....$ 840,000.00

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and by adding at the end thereof the following: Provided that from the above amount the sum of $50,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Penal) to permit the issuance of bonds to construct prison branches in Montgomery and Walker Counties. Section 11. Said Act is further amended by striking from Section 40A, relating to Education, the following: Teachers Salaries.....$210,144,694.00. and inserting in lieu thereof the following: Teachers Salaries.....$209,644,694.00. For the purposes of this Section 11, the 1969-71 Budget Report presented to the General Assembly at the regular 1969 session shall be used, except that for the purpose of the object class Vocation Education-Area Vocational-Technical Schools, the amended Budget Report presented to the General Assembly at the regular 1970 session shall be used. Section 12. Said Act is further amended by striking from Section 40B., relating to Authority Lease Rentals under Education, the figure $26,301,000.00 and inserting in lieu thereof the figure $26,855,159.00. Changed objects: Direct payments to School Systems for capital outlay purposes.....$ 2,191,613.00 Authority Lease Rental payments to the

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Georgia Education Authority (Schools) on behalf of school systems.....$ 24,269,044.00 Grants to School Systems for capital outlay purposes.....$ -0-, and by adding at the end thereof the following: Provided that from the above appropriation the amount of $1,000,000.00 is designated and committed for additional lease rentals to said Authority to permit the issuance of bonds to finance new projects. Section 13. Said Act is further amended by striking from paragraph C. of Section 47, relating to BenefitsAFDC Program under the Department of Family and Children Services, the figure $11,716,743.00 and inserting in lieu thereof the figure $13,616,743.00, and by adding at the end thereof the following: Changed objects: Benefits.....$152,663,500.00 Grants to Counties.....$ 22,244,000.00. Section 14. Said Act is further amended by striking from paragraph E. of Section 47, relating to Grants to Counties for administration and services, under the Department of Family and Children Services, the figure $9,390,900.00 and inserting in lieu thereof the figure $7,790,900.00, and by adding at the end thereof the following: Changed object: Grants to Counties.....$ 22,244,000.00.

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Section 14A. Said Act is further amended by striking from paragraph G. of Section 47, relating to other institutions under the Department of Family and Children Services, the figure $95,000.00 and inserting in lieu thereof the figure $345,000.00, and by adding at the end thereof the following: Reserve Fund.....$ 250,000.00. For the purposes of this Section 14A, the 1969-71 Budget Report presented to the General Assembly at the regular 1969 session shall be used. Section 15. Said Act is further amended by striking from paragraph J. of Section 48, relating to the Medical Assistance Program, under the Department of Public Health, the figure $20,352,337.00 and inserting in lieu thereof the figure $20,592,337.00. Section 16. Said Act is further amended by striking Section 50, relating to the Highway Department, in its entirety and inserting in lieu thereof a new Section 50 to read as follows: Section 50. Highway Department. A. 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

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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. For general administrative cost of operating the Highway Department, including equipment and compensation claims. 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 provided in the amended Budget Report, 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. 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

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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. 1969-70.....$132,374,501.39. B. Grants to counties. For grants to counties for aid in county road construction and maintenance. 1969-70.....$ 4,817,013.03. C. For grants to counties for aid in county road construction and maintenance. 1969-70.....$ 4,500,000.00. Provided that the appropriations in B. above shall be distributed and disbursed by the State Treasurer as provided by law. The sum appropriated under C. shall be distributed and disbursed to the various counties of the State by the State Treasurer

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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. D. Capital OutlayAirport DevelopmentState Share of Airport Development. 1969-70.....$ 91,360.00 E. Capital OutlayBlue Ridge Parkway Land Acquisition.....$ 1,500,000.00. Section 17. Said Act is further amended by striking from Section 52, relating to the Governor's Emergency Fund, the figure $2,000,000.00 and inserting in lieu thereof the figure $2,210,000.00. Section 18. Said Act is further amended by striking from Section 57, relating to the Total Appropriation for 1969-70, the figure

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$933,173,883.59 and inserting in lieu thereof the figure $941,915,054.98. Section 19. The appropriations provided for the budget units in Article I shall be expended by object classifications as contained in the Governor's recommendations in the amended Budget Report relative to the fiscal year 1969-70. Section 20. The training and development programs of the Department of Corrections which are funded 100% with Federal funds for a portion of fiscal year 1970 may be funded for the remainder of fiscal year 1970 with State or other agency funds. The Comptroller General, the Forestry Commission, and the Department of Public Safety are hereby authorized to utilize any surplus funds accruing to permit early recruitment in fiscal year 1970 of new positions recommended for fiscal year 1971. ARTICLE II. This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1970-71. Section 21. Said Act is further amended by striking the appropriations and other provisions relative to the fiscal year 1970-71, and inserting in lieu thereof the following new provisions which shall be the appropriations and provisions for said year and which shall be applicable only to the fiscal year 1970-71. It is not the intention of this Article II and this Section 21 in any

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way to change the provisions of the aforesaid 1969 Act relative to the fiscal year 1969-70. 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. 1970-71.....$ 4,825,000.00 Provided, the Legislative Services Committee shall seek to determine ways to

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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. A. Operations 1970-71.....$ 894,350.00 B. Tax Ratio Study 1970-71.....$ 350,000.00 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 two Emeritus positions. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided,

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however, that the sum of $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953 Nov.-Dec. Sess., pp. 478-479. 1970-71.....$ 558,725.00 Changed object: Personal Services.....$ 543,569.00 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 $12,000.00 per annum for each additional Emeritus position established during the fiscal year. 1970-71.....$ 728,990.00 Changed object: Personal Services.....$ 686,990.00 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 $13,334.00 per annum for each

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additional Judge Emeritus position established during the fiscal year. 1970-71.....$ 2,271,800.00 Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per annum for each Judgeship created by law during the 1970 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 appropriation shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year. 1970-71.....$ 976,800.00 Section 6. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. 1970-71.....$ 35,000.00 PART III. EXECUTIVE BRANCH GENERAL GOVERNMENT Section 7. Commission on Aging. 1970-71.....$ 75,556.00 Changed objects: Personal Services.....$ 114,430.00 Operating Expenses.....$ 36,126.00

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Section 7A. Air Transportation, Department of. 1970-71.....$ 134,896.00 Changed objects: Personal Services.....$ 161,175.00 Operating Expenses.....$ 150,221.00 Section 8. Art Commission, Georgia. 1970-71.....$ 88,060.00 Section 9. Banking, Department of. 1970-71.....$ 836,100.00 Changed objects: Personal Services.....$ 660,900.00 Operating Expenses.....$ 175,200.00 Section 10. Capitol Square Improvement Committee. A. Operating costs. 1970-71.....$ 150,000.00 B. Capital OutlayAuthority Lease Rentals, Annual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities. 1970-71.....$ 3,112,752.87 Section 11. Comptroller General. For the cost of operating the office of the Comptroller General, Insurance Commissioner,

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Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safety Act. 1970-71.....$ 1,770,400.00 Changed object: Personal Services.....$ 1,319,875.00 Section 11A. State Computer Service Center. 1970-71.....$ 400,000.00 Section 12. Coordinator of Highway Safety. 1970-71.....$ 98,400.00 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. 1970-71.....$ 1,161,878.00 Changed object: Capital Outlay..... -0- 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'

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Conferences, the Southern Interstate Nuclear Compact, and the Advisory Commission on Intergovernmental Relations, and other special committee expenses. 1970-71.....$ 637,600.00 B. For the Governor's Mansion allowance. 1970-71.....$ 25,000.00 Section 15. Budget Bureau. 1970-71.....$ 341,500.00 Section 16. Planning and Programming Bureau. A. General Operating Costs. 1970-71.....$ 674,908.00 B. Grants to Area Planning and Development Commissions. 1970-71.....$ 892,816.00 Changed object: State Grants to Area Planning and Development Commissions.....$ 892,816.00 Section 17. Georgia Historical Commission. 1970-71.....$ 524,500.00 Section 18. Industry and Trade, Department of. A. General Operating Costs. 1970-71.....$ 3,164,300.00

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B. Metropolitan Atlanta Rapid TransitTo be expended under contract with the Metropolitan Atlanta Rapid Transit Authority. 1970-71.....$ 45,700.00 C. Capital Outlay Authority Lease RentalsAnnual Lease payments to Georgia Ports Authority. 1970-71.....$ 2,000,000.00 Section 19. Labor, Department of. A. For the cost of operating the Commissioner's Office and Factory Inspection Division. 1970-71.....$ 394,658.00 B. For that part of cost of operations of Employment Security Agency as authorized by Act approved March 8, 1945. 1970-71.....$ 115,000.00 C. Work Incentive Program. 1970-71.....$ 362,739.00 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

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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. 1970-71.....$ 1,006,200.00 Section 21. Library, State. 1970-71.....$ 135,800.00 Section 22. Literature Commission, State. 1970-71.....$ 20,000.00 Section 23. Pharmacy Board. For cost of operating the office of Chief Drug Inspector. 1970-71.....$ 229,000.00 Changed objects: Personal Services.....$ 177,200.00 Operating Expenses.....$ 51,800.00

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Section 24. Public Safety, Department of. 1970-71.....$ 15,808,575.00 Changed objects: Personal Services.....$ 11,987,286.00 Operating Expenses.....$ 4,678,451.00 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). Provided further that the Department of Public Safety is authorized to employ 50 additional troopers and 10 additional G.B.I. agents and the necessary supporting personnel from the funds herein appropriated. The members of the Uniform Division of the Department of Public Safety, members of the Georgia Bureau of Investigation, radio operators and license examiners shall each receive a salary increase of four hundred ($400.00) dollars per annum. The salary increases provided herein shall not be subject to longevity increases. Provided, that from the above appropriation, the sum of $50,000.00 shall be used for the purpose of implementing the provisions of House Bill 1208, relative to minimum standards for law enforcement officers.

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Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission. 1970-71.....$ 769,320.00 Section 26. Purchases, Supervisor of. 1970-71.....$ 1,218,700.00 Changed object: Workmen's Compensation Reserve Fund.....$ 250,000.00 Section 27. Recreation Commission. 1970-71.....$ 118,800.00 Section 28. Revenue, Department of. A. For cost of operating the Department of Revenue. 1970-71.....$ 14,530,328.00 B. Motor Vehicle Tag Purchases. 1970-71.....$ 1,409,100.00 C. Loans to countiesTax reevaluation. 1970-71.....$ 110,000.00 Changed object: Loans to countiesTax reevaluation.....$ 110,000.00 In addition, there is hereby appropriated for the fiscal year 1970-71 the amount of such repayments of county tax evaluation

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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 $290,000.00. Such amount shall be available for further tax evaluation loans to counties. Section 29. Science and Technology Commission. 1970-71.....$ 101,400.00 Section 30. Secretary of State. A. Archives and Records. For the cost of operations of archives and history, including opening said building and facilities to the general public on Saturday of each week except legal holidays, 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 $815,000.00 per annum. 1970-71.....$ 1,576,700.00 Changed object: Personal Services.....$ 628,200.00 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. 1970-71.....$ 523,700.00 C. Combined Divisions. For the cost of operating the office of Secretary of

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State, and all other programs administered through such office. 1970-71.....$ 990,734.00 Changed object: Personal Services.....$ 650,934.00 D. Examining Boards. 1970-71.....$ 1,248,200.00 E. Executive Center. For the operation of Executive Center. 1970-71.....$ 69,300.00 F. Special Repairs, Capitol Building and Legislative Chambers, Rooms, Offices and Facilities. 1970-71.....$ 100,000.00 Section 31. State Properties Control Commission. For the cost of operating State Properties Control Commission. 1970-71.....$ 50,000.00 Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner. 1970-71.....$ 165,500.00 Section 33. Veterans Service. A. For the cost of operating the Department of Veterans Service. 1970-71.....$ 1,309,700.00

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B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home. 1970-71.....$ 2,072,500.00 C. For the cost of pensions to Confederate Widows. 1970-71.....$ 47,780.00 Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Workmen's Compensation. 1970-71.....$ 763,357.00 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. 1970-71.....$ 9,137,288.10 Changed objects: Personal Services.....$ 6,468,273.80 Operating Expenses.....$ 3,051,045.30 Capital Outlay.....$ 236,000.00 Indemnities.....$ 236,600.00 Provided that from the above amount $100,000.00 shall be used for capital outlay, Farmer's Market at Jesup, Georgia. From the above amount there shall be established a grain and feed inspection and grading station at Valdosta.

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B. Capital OutlayAuthority Lease RentalsAnnual Lease payments to Georgia Building Authority (Markets). 1970-71.....$ 900,000.00 Changed object: Authority Lease Rentals.....$ 900,000.00 Provided, that from the above appropriated amount $150,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Markets) to permit the issuance of bonds to finance new projects. C. Fire Ant Eradication. 1970-71.....$ 1,500,000.00 D. Provided, that the Department of Agriculture shall set as a rental for any facility or part thereof constructed with capital outlay or bond proceed funds, a rental rate which, on lease of one (1) year or longer, will amortize the cost or pro rata cost of construction over a period of 30 years on the reasonable life of the facility if the same should be less than 30 years. 1970-71.....$ 1,500,000.00 Section 36. Conservation. A. Conservation, Commissioner of. 1970-71.....$ 52,155.00 Changed object: State Assistance Fund Grants.....$ 30,000.00

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B. Forest Research Council 1970-71.....$ 588,274.00 Changed object: Capital Outlay.....$ 152,900.00 C. Forestry Commission. 1970-71.....$ 6,774,916.00 D. Game and Fish Commission. 1970-71.....$ 4,120,500.00 Provided from the above funds 13 new positions for coastal patrol shall be allocated. E. Georgia Commission for the Development of Chattahoochee River Basin. 1970-71.....$ 6,920.00 F. Jekyll Island Committee. 1970-71.....$ 400,000.00 Changed object: Operating Expenses.....$ 400,000.00 G. Lake Lanier Islands Development Commission. 1970-71.....$ 261,000.00 H. Mineral Leasing Commission. 1970-71.....$ 5,000.00

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I. Department of Mines, Mining and Geology, including Oil and Gas Commission, and dues to the Interstate Oil Compact. (a) Regular Operations. 1970-71.....$ 646,700.00 Changed object: Operating Expenses.....$ 354,200.00 (b) Surface Mined Land Use Board. 1970-71.....$ 124,656.00 J. North Georgia Mountains Commission. 1970-71.....$ 206,000.00 K. Department of Parks. (a) For general operation and development of State Parks. 1970-71.....$ 2,199,855.00 Changed object: Operating Expenses.....$ 1,069,240.00 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 $34,700.00 in 1970-71. Provided, that no land shall be purchased for State park purposes without the approval of the State Properties Acquisition Commission.

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(b) Capital OutlayAuthority Lease RentalsAnnual Lease Payments to Jekyll IslandState Parks Authority. 1970-71.....$ 1,146,000.00 (c) Capital OutlayAuthority Lease RentalsAnnual Lease Payments to Stone Mountain Memorial Association. 1970-71.....$ 1,000,000.00 (d) Reclamation of Natural ResourcesGrants. 1970-71.....$ 419,000.00 Changed object: Operating Expenses Grants.....$ 419,000.00 Provided that the above amount shall be used only for reclamation of beaches at Tybee Island, Georgia, pursuant to Act No. 731, passed at the regular 1970 session of the General Assembly, in connection with the United States Corps of Engineers. L. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Conservation Committee. 1970-71.....$ 466,908.00 M. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1970-71.....$ 75,000.00 Changed object: Operating Expenses.....$ 75,000.00

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N. Groveland Lake Development Committee. 1970-71.....$ 122,200.00 O. Georgia Commission for the Development of the Altamaha River Basin. (As provided in H.B. 1342). 1970-71.....$ 30,000.00 Provided that the allocation of funds between object classes shall be established by the Budget Bureau with the approval of the Fiscal Affairs Sub-Committees. 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. 1970-71.....$ 15,519,030.00 Provided that no funds appropriated in this Section or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. Provided, further, that from capital outlay funds included in the above appropriation, $75,000.00 shall be used for the construction of dwelling for security personnel at the Georgia State Prison at Reidsville. B. Capital OutlayAuthority Lease

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RentalsAnnual Lease Payments to Georgia Building Authority (Penal). 1970-71.....$ 1,273,000.00 Changed object: Authority Lease Rental.....$ 1,273,000.00 Provided, that from the above appropriated amount, $433,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Penal) to permit the issuance of bonds to finance new projects. Provided that from the above amount of $433,000.00, the sum of $273,000.00 from Authority Lease Rentals shall be used for the purpose of constructing a new prison for women. Not more than $120,000.00 shall be used for planning. The Committee provided for hereinafter shall approve all plans and no bond money shall be expended until such plans are approved by the Committee. The Committee shall select a site in the State of Georgia which it deems best suited for the construction of the prison. In view of the fact that the women's prison is presently located in Baldwin County, that locality should be given consideration by the Committee along with other localities in the State of Georgia, but this shall not be construed in any manner as a recommendation from the General Assembly, either express or implied, that a Baldwin County site should be selected by the Committee. The Committee shall be composed of nine (9) members as follows: The Governor or his designee; the Lieutenant Governor or a member of the Senate designated by him; the Speaker of the House of Representatives or a member of the House designated by him; one member appointed

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by the Lieutenant Governor who need not be a member of the Senate; one member appointed by the Speaker who need not be a member of the House; the Chairman of the Penal and Corrections Affairs Committee of the Senate; the Chairman of the State Institutions and Property Committee of the House; the Chairman of the Appropriations Committee of the Senate; and the Chairman of the Appropriations Committee of the House. Provided that from the above amount of $433,000.00 the sum of $160,000.00 from Authority Lease Rentals shall be used for the purpose of constructing a work release facility. Not more than $100,000.00 shall be used for planning. The Committee provided for hereinafter shall approve all plans and no bond money shall be expended until such plans are approved by the Committee. The Committee shall select a site in the State of Georgia which it deems best suited for the construction of such facility. The Committee shall be composed of five (5) members as follows: The Governor or his designee; the Lieutenant Governor or a member of the Senate designated by him; the Speaker of the House of Representatives or a member of the House designated by him; the Chairman of the Appropriations Committee of the Senate; and the Chairman of the Appropriations Committee of the House. Section 38. Pardons and Paroles, State Board of. 1970-71..... $ 1,355,000.00 Section 39. Probation, State Board of. For the cost of operating the statewide probation

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system, administered by the State Board of Probation. 1970-71..... $ 2,058,355.00 Changed objects: Personal Services..... $ 1,717,042.00 Operating Expenses..... $ 347,313.00 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

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contributions to the Teacher's Retirement System applicable to such salary. 1970-71..... $400,660,810-90 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. Provided that $50,000.00 in operating expenses shall be used to provide vocational

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rehabilitation services to eligible persons who have renal diseases. Provided that maintenance, operation and sick leave payments shall be based on the rate of $1,250.00 per State allotted teacher. Changed objects: Teachers Salaries.....$ 229,975,501.00 Other Certificated Professional Personnel Salaries.....$ 38,326,286.00 Maintenance, Operation and Sick Leave.....$ 42,286,119.00 Isolated Schools.....$ 45,582.00 Grants for Pilot Programs for Autistic Children.....$ 500,000.00 Superintendents' Salaries.....$ 2,368,062.00 Public Librarians' Salaries and Travel $ 1,706,725.00 Teachers' Retirement Employer Contribution.....$ 20,337,404.90 Vocational Education High School Program.....$ 4,519,648.00 Area Vocational Technical School Program.....$ 13,638,610.00 Educational Services Across County Lines.....$ 1,061,250.00 B. Capital OutlayAuthority Lease Rentals. 1970-71..... $ 24,471,999.00 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 Contacts. Provided that from the above appropriation,

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the amount of $3,300,000.00 is designated and committed for additional Lease Rentals to said Authority to permit the issuance of bonds to finance new projects. Changed objects: Grants to School Systems for Capital Outlay Purposes.....$ -0- Direct Payments to School Systems for Capital Outlay Purposes.....$ 2,191,613.00 Authority Lease Rental Payments to the Georgia Education Authority (Schools) on behalf of School Systems.....$ 21,885,884.00 Section 41. Educational Improvement Council. 1970-71.....$ 125,030.00 Section 42. Higher Education Assistance Committee. 1970-71.....$ 1,035,040.00 Changed object: Operating Expenses: For contract with Georgia Higher Education Assistance Corporation.....$ 835,040.00 Provided, that in order to obtain a loan as specified in the Governor's recommendations in the Budget Report, it shall not be necessary that an applicant have been rejected by at least two lending institutions, and it shall not be necessary that the Higher Education Assistance Corporation seek to locate a willing lender. Section 43. Medical Education Board. For cost of operation of the State Medical

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Education Board, including the payment of medical scholarships as authorized by provision of the Georgia State Constitution. 1970-71.....$ 222,000.00 Changed objects: Operating Expenses.....$ 17,750.00 Scholarships.....$ 204,250.00 Section 44. Ocean Science Center of the Atlantic. 1970-71.....$ 622,880.00 Changed objects: Capital Outlay.....$ 235,500.00 Skidaway Institute of Oceanography.....$ -0- Section 45. Public School Employees' Retirement System. 1970-71.....$ 2,501,217.00 Section 46. 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

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any employer contribution to the Teachers' Retirement System applicable to such salary. 1970-71.....$ 158,630,600.00 Changed objects: Personal Services.....$ 165,406,000.00 Capital Outlay.....$ 13,340,000.00 Operating Expenses.....$ 44,747,178.00 Authority Lease Rentals.....$ 18,578,641.00 Provided that from appropriated funds, the amount of $18,578,641.00 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriation for Lease Rentals, the amount of $2,500,000.00 is designated and committed to pay rentals to the Georgia Education Authority (University) to permit the issuance of new bonds to finance new projects. Provided none of the funds herein provided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. No funds realized by the State Board of

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Regents of the University System or any school or college, from the General Fund of the State, 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 written approval of the Budget Bureau, in accordance with the provisions of the Budget Act as amended. 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 the sum of $100,000.00 is allocated for operations, planning, and site preparation of the Agrirama at the Coastal Plains Experiment Station. Provided, however, that from the fund designated in the audit of the Board of Regents for 1969 as reserve for failure of Federal funds, $1,000,000.00 shall be used by the Board of Regents for the general cost of operation. B. Eugene Talmadge Memorial HospitalState Board of Regents. 1970-71.....$ 7,333,000.00 Section 47. State Scholarship Commission. 1970-71.....$ 1,119,000.00 Changed object: Scholarships.....$ 1,000,000.00

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Section 48. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund. 1970-71.....$ 347,000.00 Section 49. Public Welfare, Department of Family and Children Services. A. For the cost of operations of the State Welfare Programs. 1970-71.....$ 3,990,800.00 B. BenefitsAdult Programs for matching Federal funds to provide benefits to the aged, the blind, and the totally and permanently disabled. 1970-71.....$ 17,137,461.00 Changed object: BenefitsAdult Programs.....$ 90,798,020.00 C. BenefitsAFDC Program. For matching Federal funds to provide benefits to families with dependent children. 1970-71.....$ 17,866,743.00 Changed object: BenefitsAFDC Programs.....$ 88,682,417.00 D. BenefitsDivision for Children and Youth. For other children and youth care as authorized by law. 1970-71.....$ 1,658,406.00 Provided, however, that in the event a

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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. 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. 1970-71.....$ 10,526,255.00 Changed object: Grants to Counties.....$ 30,189,900.00 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. 1970-71.....$ 9,458,900.00 Provided, however, the $600,000.00 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. The Department of Family and Children Services shall construct the Youth Security Development Center in the area that will best serve the needs of the youth of Georgia as determined by the Department. G. Other Institutions. For the cost of operation of the Confederate Soldiers'

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Home and the Georgia Factory for the Blind. 1970-71.....$ 158,000.00 Section 50. Department of Public Health. A. Capital OutlayAuthority Lease RentalsAnnual Lease payments to Georgia Building Authority (Hospitals). 1970-71.....$ 5,884,000.00 Provided that from the above appropriation, the amount of $1,774,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Hospital) to permit the issuance of bonds to finance new projects. The Regional Hospital at Rome shall be designated as the `Northwest Georgia Regional Hospital'. The Regional Hospital at Columbus shall be designated as the `West Central Georgia Regional Hospital'. B. Central State Hospital. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 34,875,551.00 Changed objects: Personal Services.....$ 27,721,130.00 Capital Outlay.....$ 1,800,000.00 Provided, however, that when patients are transferred from Central State Hospital to the Adult Foster Home Program, the Budget Bureau is authorized to transfer

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that portion of the above appropriation to the Regular Operations appropriation (Section 50K) which will defray the cost to the State of Adult Foster Home payments entailed by such patient transfer. C. Georgia Mental Health Institute. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 6,304,200.00 Changed objects: Personal Services.....$ 5,129,712.00 Operating Expenses.....$ 1,562,934.00 Provided that of the above appropriation, $100,000.00 shall be used to initiate a pilot program for the treatment of drug addiction; $100,000.00 shall be used for research; and at least $100,000.00 shall be used for the alcoholics unit at the Georgian Clinic. D. Georgia Regional Hospital at Atlanta. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 5,557,900.00 E. Georgia Regional Hospital at Augusta. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 4,041,300.00

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F. Georgia Regional Hospital at Savannah. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 3,160,000.00 G. Georgia Retardation Center. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 6,597,105.00 H. Gracewood State School and Hospital. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 10,896,820.00 Changed objects: Personal Services.....$ 8,059,887.00 Capital Outlay.....$ 1,635,455.00 Provided, however, that when patients are transferred from Gracewood State School and Hospital to the Adult Foster Home Program, the Budget Bureau is authorized to transfer that portion of the above appropriation to the Regular Operations appropriation (Section 50K.) which will defray the cost to the State of Adult Foster Home payments entailed by such patient transfer. Provided that from the above appropriation, the sum of $68,419.00 shall be used to employ additional nurses to provide adequate service on evening and night shifts.

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I. Medical Assistance Program. For the cost of operation. 1970-71.....$ 24,314,345.00 Changed object: Benefits.....$ 81,714,867.00 J. 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. 1970-71.....$ 1,800,000.00 Changed object: Operating Expenses.....$ 10,538,761.00 K. Regular Operations. For the cost of operation. 1970-71.....$ 19,728,578.00 Changed objects: Operating Expenses.....$ 6,635,385.00 Grants.....$ 10,429,113.00 Provided that of the above amount at least $425,000.00 from operating expenses shall be used for Day Care Centers for the Mentally Retarded, and at least $129,900.00

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shall be used to initiate an Adult Foster Home Program for improved mentally ill and mentally retarded patients in State institutions. L. Southwestern State Hospital. For the cost of operation, including pre-admission and post-discharge services. 1970-71.....$ 5,664,000.00 M. Tuberculosis Control Program. For the cost of operation, including in-patient hospital care, diagnostic services and field investigation; for the training of staff and early development of services for the mentally ill to be provided by the Georgia Regional Hospital at Rome. 1970-71.....$ 3,881,700.00 N. Water Quality Control Division. For the cost of operation. 1970-71.....$ 535,544.00 Changed objects: Personal Services.....$ 574,238.00 Operating Expenses.....$ 181,706.00 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

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and Title XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1970-71 for operating expenses and additional personnel as necessary to meet requirements for payment or reimbursement, subject to prior approval by the State Budget Bureau. HIGHWAYS Section 51. Highway Department. A. Appropriation of all funds in subsections A., B., and C. of this Section 51 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. For general administrative cost of operating the Highway Department, including equipment and compensation claims. 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

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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 provided in the amended Budget Report, 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. 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

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Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department. 1970-71..... $140,682,987.00 Changed objects: Operating Expenses..... $24,695,745.00 Authority Lease Rental..... $21,253,727.00 From the above amount of $400.00 per annum across the board salary increase shall be paid to all full-time employees of the State Highway Department. From the above appropriation the Highway Department shall provide to the General Assembly prior to January 10, 1971, the five year Capital Outlay Plan required by the Budget Act so that in considering the appropriation at the 1971 regular session the General Assembly may know the projected Highway needs, the projected resources to meet the need, and the plans of the Highway Department for the development of the primary, secondary, and Interstate Highway System. B. Grants to counties. For grants to counties for aid in county road construction and maintenance. 1970-71..... $ 4,817,013.03 C. For grants to counties for aid in county road construction and maintenance. 1970-71..... $ 4,500,000.00

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Provided that the appropriations in B. above shall be distributed and disbursed by the State Treasurer as provided by law. The sum appropriated under C. 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. D. Capital Outlay Airport DevelopmentState Share of Airport Development. 1970-71..... $ 140,000.00 Section 52. Grants to Counties and Municipalities.

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A. Grants to Municipalities. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. 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. 1970-71..... $ 2,600,000.00 For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 888). C. Grants to municipalities. 1970-71..... $ 4,200,000.00 For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).

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PART IV. MISCELLANEOUS Section 53. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution. 1970-71..... $ 2,000,000.00 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 hereby appropriated

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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, 1970, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Lease Contracts. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the General Funds of the State as a first charge upon General Funds. Section 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 amended Budget Report submitted to the General Assembly at the regular 1970 session, except as otherwise specified in this Act; provided, however, the

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Director of the Budget is authorized to make internal transfers within a budget unit between objects and programs subject to the conditions that no fund 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 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. Expenditures. Section 57. In the event it is determined by the Budget Bureau that the total funds

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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). 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 Section 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 1970-71..... $1,081,773,064.90 Section 58. All laws and parts of laws in conflict with this Act are hereby repealed. Section 22. Wherever in this Act the term Changed Objects is used, it shall mean that the object classification 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.

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Section 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1970. GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT AMENDED. No. 776 (House Bill No. 1515). An Act to amend an Act known as the Georgia Agricultural Commodities Promotion Act, approved April 25, 1969 (Ga. L. 1969, p. 763), so as to provide that the Attorney General shall represent each commission in legal matters; to provide the procedure for employment of additional legal counsel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Agricultural Commodities Promotion Act, approved April 25, 1969 (Ga. L. 1969, p. 763), is hereby amended by striking subsection (e) of section 10 which reads as follows: (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

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amended, nor of any other law, shall prohibit or be applicable to the employment of such counsel., Repealed. and inserting in lieu thereof a new subsection (e) to read as follows: (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. The Attorney General shall represent each commission in legal matters and shall be the attorney for each commission. In the event the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the particular commission involved, and upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither the provisions of section 7 of an Act approved February 12, 1959 (Ga Laws 1959, p. 34), as amended, nor of any other law, shall prohibit or be applicable to the employment of such counsel. Advisory boards, attorneys, etc. 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 February 21, 1970.

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GENERAL ASSEMBLYSPECIAL ELECTIONS. Code 34-805 Amended. No. 777 (House Bill No. 1738). An Act to amend Code section 34-805, as amended, relating to special elections for members of the General Assembly, so as to provide that in case of any vacancy occurring during the 1970 Session of the General Assembly there shall be held a special election to fill any such vacancy if the Governor issues a writ of election therefor; to provide an effective date; to provide that if a vacancy occurs while the General Assembly is in session it shall be necessary to have only one poll open in each county involved; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-805, as amended, relating to special elections for members of the General Assembly, is hereby amended by striking therefrom the following: 1965, and by inserting in lieu thereof, the following: 1970, so that when so amended said Code Section shall read as follows: Section 34-805. Special election for member of General Assembly. Whenever a vacancy shall occur or exist in either House of the General Assembly during a session of the General Assembly, or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet at any time previous to the next November election, the Governor shall issue, within ten days after the happening of such vacancy, or after calling the calling of an extraordinary session of the General

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Assembly during the existence of such vacancy, a writ of election to the ordinary of each county involved for a special election to fill such vacancy, which election shall be held on a date named in the writ, which shall not be less than thirty nor more than sixty days after its issuance. In all other cases and in cases involving vacancies occuring during the 1970 Session of the General Assembly, any such special election to fill any such vacancy shall be held if the Governor issues his writ of election therefor. If a vacancy occurs while the General Assembly is in session, and the Governor elects to issue a writ, it shall only be necessary to have one poll open in every county involved, which shall be at the county seat, if only one candidate has qualified for the vacant seat. 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 February 21, 1970. ASSIGNMENT OF STUDENTS AND TEACHERS ON ACCOUNT OF RACE, CREED, COLOR OR NATIONAL ORIGIN PROHIBITED. No. 779 (House Bill No. 1651). An Act to prevent discrimination on account of race, creed, color or national origin in connection with the education of the children of the State of Georgia; to make provisions relative to the assignment and attendance of students; to make provisions relative to teachers; to provide for other matters relative to the foregoing; 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. No student shall be refused admission into or be excluded from any public school in the State of Georgia on account of race, creed, color or national origin. Section 2. No student shall be assigned to or compelled to attend any school on account of race, creed, color or national origin, or for the purpose of achieving equality in attendance or increased attendance or reduced attendance, at any school, of students of one or more particular races, creeds, colors or national origins, and no school district or school system, by whatever name known, shall be established, reorganized or maintained for any such purpose. Provided, however, that nothing contained in this section shall prevent the assignment of a student in the manner requested or authorized by his parent or guardian, but such assignment shall not be mandatory. Provided, further, that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational education institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference to such selection to such members or to make such selection of its students as is calculated to promote the religious principle for which it is established. Section 3. No teacher shall be assigned to or compelled to teach at any school on account of race, creed, color or national origin, or for the purpose of achieving a certain ratio at any school of teachers of one or more particular races, creeds, colors or national origins, and no school district or school system, by whatever name known, shall be established, reorganized or maintained for any such purpose. Provided, further, that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational education institution to select its teachers exclusively or primarily from members of such religion or denomination or from giving preference to such selection to such members or to make such selection of its teachers as is calculated to promote the religious principle for which it is established.

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Section 4. This Act shall become effective upon its approval by the governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1970. STATE REVENUE COMMISSIONEREXAMINATION OF TAX DIGESTS. No. 781 (Senate Bill No. 478). An Act to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascertaining whether the valuation of the various classes of property in the respective counties is uniform, approved February 18, 1966 (Ga. L. 1966, p. 45), so as to require the State Revenue Commissioner to compare the valuation of the various classes of property within a county and to reject the digests of those counties in which he finds the taxable values of such classes to be not uniform; to authorize the State Revenue Commissioner to instruct the board of tax assessors to take certain action with regard to that tax digest when the above circumstances are found; 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 requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascertaining whether the valuation of the various classes of property in the respective counties is uniform, approved February 18, 1966 (Ga. L. 1966, p. 45), is hereby amended by adding between the words counties and and as they appear in subsection a. of section 1 the following:

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and as between the various classes within a county,, so that when so amended subsection a. shall read as follows: a. It shall be the duty of the State Revenue Commissioner to carefully examine the tax digests of the several counties filed in his office pursuant to the provisions of Code section 92-6917, and to compare said digests for the purpose of ascertaining whether the valuation of the various classes of property as made in the respective counties for taxation purposes is reasonably uniform as between the various counties and as between the various classes within a county, and to ascertain compliance with Article VII, Section I, Paragraph III of the Constitution. Section 2. Said Act is further amended by adding at the end of the first phrase of subsection c. the following: or if it shall appear that within a county the taxable values of one or more of the classes of property have been fixed so that the percentum of taxable value does not conform to such values of other classes of property within the county,, and by adding at the end of the first sentence thereof the following: and within a county., so that when so amended subsection c. shall read as follows: c. If it shall appear to the State Revenue Commissioner that in any one or more of the counties the taxable values fixed upon any one or more classes of property are not reasonably uniform with the values fixed upon the same classes of property in other counties, or if it shall appear that within a county the taxable values of one or more of the classes of property have been fixed so that the percentum of taxable value does not conform to such values of other classes of property within the county, the Commissioner shall investigate and inquire as to the reason therefor, and after making such investigation and comparison, shall

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have authority to adjust and equalize the same, either by adding a fixed percentum to the county valuation of any class of property in any county, if he finds the county valuation too low, or by deducting a fixed percentum from the county valuation if he finds the county valuation too high, as may appear to be just and right between the counties and within a county. After making such adjustments, the State Revenue Commissioner shall notify by United States mail the chairman of the county board of tax assessors of the county affected that the county valuations upon the classes of property specified in said notice shall be raised or lowered by the percentum fixed by the State Revenue Commissioner, and the State Revenue Commissioner shall thereupon return to said county its tax digest for correction accordingly. 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 25, 1970. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 782 (Senate Bill No. 317). 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.

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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), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), and an Act approved March 14, 1969 (Ga. L. 1969, p. 74), so as to provide for the Fund to receive a percentage of certain fines; 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), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), and an Act approved March 14, 1969 (Ga. L. 1969, p. 74), is hereby amended by striking from section 10 the following: $5.00., and inserting in lieu thereof the following: 5%., so that when so amended section 10 shall read as follows: Section 10. In all criminal and quasi-criminal cases for violating State statutes or municipal ordinances, wherein

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a fine, which shall be construed to include costs, is collected, or wherein a bond, which shall be construed to include costs, is forfeited and collected, in any court or tribunal in this State, a sum based upon the scale set out hereinafter for each such case shall be paid to the secretary-treasurer on the first day of each month thereafter or at such time as the board may provide by the person or authority collecting the same. Such sums shall be paid upon the following scale: For any fine or bond forfeiture of more than $4.00, but not more than $25.00$2.00. For any fine or bond forfeiture of more than $25.00, but not more than $50.00$3.00. For any fine or bond forfeiture of more than $50.00, but not more than $100.00$4.00. For any fine or bond forfeiture of more than $100.005%. The sum provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. It is hereby made the duty of the person or authority collecting the said moneys to keep accurate records of amounts due the board so that the same may be audited or inspected at any time by any representative of the board by direction of the board. Sums remitted to the secretary-treasurer under this section shall be used as provided for elsewhere in this Act. When any person or authority, whose duty it is to collect and remit monies to the secretary-treasurer under this section shall fail to remit such monies within 60 days of the date they are required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of five percent (5%) of said principal amount per month for each month during which the funds continue to be delinquent, not to exceed twenty-five percent (25%). There shall be added to the principal amount of funds which are delinquent,

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interest at the rate of six percent (6%) per annum from the date said funds become delinquent until the same are paid. All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from said date. By affirmative vote of all members, the Board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this section. Section 2. This Act shall become effective May 1, 1970. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. NORTHEASTERN JUDICIAL CURCUITCOMPENSATION OF COURT REPORTERS. No. 783 (Senate Bill No. 350). An Act to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; to provide how said salaries shall be paid by the counties of said circuit; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The two official court reporters of the Northeastern Judicial Circuit shall be compensated in an amount of $9,500.00 per annum, to be paid in equal monthly installments by the counties comprising said circuit as hereinafter provided. Salaries. Section 2. The salaries herein provided shall be paid pro rata from the funds of the various counties comprising said circuit upon the basis of population. Each of said counties

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shall pay the portion of said salary which its population bears to the total population of all the counties of said circuit, according to the United States Census of 1960, or any future such census. Upon the completion of each future United States census, the portion of the salary paid by each county shall be changed, if necessary, so as to be paid upon the same population basis. Payment by counties. Section 3. The salary provided for herein shall be in lieu of all fees provided for services of the official court reporter in reporting felony cases and attendance upon the sessions of the superior courts in the various counties comprising the Northeastern Judicial Circuit. The provisions of this Act shall not affect any service which might be rendered by either of such court reporters in civil cases in the superior courts of this circuit, and shall not be applicable to any service performed in any court other than the superior courts of the Northeastern Judicial Circuit. The provisions of this Act shall not affect any fees to which either of the official court reporters is entitled prior to the effective date of this Act. Intent. Section 4. This Act shall become effective when approved by the Governor, or when it otherwise becomes law. Effective date. Section 5. An Act providing a salary for the official court reporter of the Northeastern Judicial Circuit in lieu of certain fees, approved March 7, 1960 (Ga. L. 1960, p. 267), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 293), is hereby repealed in its entirety. Prior Acts repealed. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970.

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THE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 784 (Senate Bill No. 375). An Act to amend an Act known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. L. 1967, p. 659), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1088), so as to delete therefrom certain provisions relating to disclosure and details of transactions; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. L. 1967, p. 659), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1088), is hereby amended by striking subsections (a), (b), (c), (d) and (e) of section 3 in their entirety and substituting in lieu thereof new subsections (a), (b), (c), (d) and (e) to read as follows: (a) Every retail installment contract shall be in writing and shall be completed as to all essential provisions prior to the signing thereof by the buyer, except as provided in paragraph (f) of this section. The printed portion of the contract, other than instructions for completion, shall be in at least six point type. The contract shall contain substantially the following notice in clear and conspicuous type: Contracts. `Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due and under certain conditions to obtain a partial refund of the time price differential.'

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The contract shall contain the names of the seller and the buyer, the place of business of the seller, and the residence or place of business of the buyer as specified by the buyer. (b) The maximum number of payments and the amount and date of each payment need not be separately listed if the payments are stated in terms of a series of scheduled amounts and if the amount of the final payment does not exceed by more than fifty percent (50%) the scheduled amount of any preceding installments; in such cases, the amount of the scheduled final payment shall be stated as the remaining unpaid balance. The initial date for the payment of the first installment may be a calendar date or may refer to the time of delivery or installation. Installment payments. (c) A retail installment contract need not be contained in a single document. If the contract is contained in more than one document, then one such document may be an original document applicable to purchases of goods or services to be made by the retail buyer from time to time. More than one document. (d) Notwithstanding the provisions of any other law, the seller under a retail installment contract may charge, receive and collect a time price differential, which shall not exceed the following rates: Time price. On the unpaid balance, twelve cents per one dollar per year on so much of the unpaid balance as does not exceed four hundred dollars; and ten cents per one dollar per year on so much of the unpaid balance as exceeds four hundred dollars. The time price differential under this paragraph shall be computed on the unpaid balance of each transaction on contracts payable in successive monthly payments substantially equal in amount for the period from the date of the contract to and including the date when the final installment thereunder is payable. When a retail installment contract is payable other than in successive monthly payments substantially equal in amount, the time price differential may be at the effective rates provided in this paragraph, having due regard for the schedule of payments. The time price differential may be computed on the basis of a full month for any fractional month period in excess

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of ten days. Notwithstanding the other provisions of this paragraph, a minimum time price differential not in excess of the following amounts may be charged on any retail installment contract; twelve dollars ($12.00) on any retail installment contract involving an initial unpaid balance of fifty dollars ($50.00) or more; seven dollars and fifty cents ($7.50) on a retail installment contract involving an initial unpaid balance of more than twenty-five dollars ($25.00) and less than fifty dollars ($50.00); and five dollars ($5.00) on a retail installment contract involving an initial unpaid balance of twenty-five dollars ($25.00) or less. As used herein, `unpaid balance' shall be determined in accordance with Section 226.8 (c) of Regulation Z promulgated by the Board of Governors of the Federal Reserve System pursuant to Title I (Truth in Lending Act) and Title V (General Provisions) of the Consumer Credit Protection Act (Public Law 90-321; 82 Stat. 146 et seq.) as the same existed upon its becoming effective on July 1, 1969. (e) The seller shall present a completed copy of the retail installment contract to the buyer at the time it is signed by the buyer. Any acknowledgment by the buyer of receipt of a copy of the contract shall be in clear and conspicuous type and, if contained in the contract, shall appear directly above the buyer's signature. Copy to buyer. Section 2. Said Act is further amended by redesignating subsection (c) of section 4 as subsection (b) and by striking subsection (a) and former subsection (b) of section 4 in their entirety and substituting in lieu thereof one new subsection to be designated subsection (a) and to read as follows: (a) Every revolving account shall be in writing and shall be completed prior to the signing thereof by the retail buyer. The printed portion, other than instructions for completion, of any revolving account shall be in at least six point type. Any such account shall contain the names of the seller and the buyer, the place of business of the seller, and the residence or place of business of the buyer as specified by the buyer, and substantially the following notice in clear and conspicuous type: Revolving charge accounts.

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`Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due.' A copy of any such account shall be delivered or mailed to the retail buyer by the retail seller prior to the date on which the first payment is due thereunder. Any acknowledgment by the buyer of delivery of a copy of the account shall be in clear and conspicuous type and, if contained in the account, shall appear directly above the buyer's signature. No account shall be signed by the buyer when it contains blank spaces to be filled in after it has been signed. The buyer's acknowledgment, conforming to the requirements of this subsection, of delivery of a copy of an account, shall be presumptive proof, in any action or proceeding, of such delivery and that the account, when signed, did not contain any blank spaces as herein provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. MOTOR VEHICLE SALES ACT AMENDED. No. 785 (Senate Bill No. 376). An Act to amend an Act known as the Motor Vehicle Sales Act, approved April 18, 1967 (Ga. L. 1967, p. 674), so as to delete therefrom certain provisions relating to disclosure and details of transactions; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Section 3 is hereby amended by striking in their entirety subsections (a), (b), (c), (d), (e) and (f) of section 3, and substituting in lieu thereof new subsections (a), (b), (c), (d) and (e) to read as follows: (a) A retail installment contract shall be in writing, shall be signed by both the buyer and the seller and shall be completed as to all essential provisions prior to the signing of the contract by the buyer. Contracts. (b) The printed portion of the contract, other than instructions for completion, shall be in at least six point type. The contract shall contain, in clear and conspicuous type, the following: (1) A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included, if that is the case; and (2) The following notice: `Notice to the Buyer Do not sign this contract before you read it or if it contains any blank spaces. You are entitled to an exact copy of the contract you sign.' (c) The seller shall present a completed copy of the contract to the buyer at the time it is signed by the buyer. Unless the seller does so, a buyer who has not accepted delivery of the motor vehicle shall have the right to rescind his agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract, or if such goods cannot be returned, the value thereof. Any acknowledgment by the buyer of receipt of a copy of the contract shall be in clear and conspicuous type, and, if contained in the contract, shall appear directly above the buyer's signature. This subsection provides cumulative additional rights and is cumulative of Georgia Code section 109A-2-302,

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(d) The contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make, year model, model and identification number or marks. (e) If any insurance is purchased by the holder of the retail installment contract, the amount charged therefor shall not exceed the applicable premiums chargeable in accordance with the rates filed with the insurance department. If dual interest insurance on the motor vehicle is purchased by the holder, it shall, within thirty days after execution of the retail installment contract, send or cause to be sent to the buyer a policy or policies or certificate of insurance, written by an insurance company authorized to do business in this state, clearly setting forth the amount of the premium, the kind or kinds of insurance, the coverages and all the terms, exceptions, limitations, restrictions and conditions of the contract or contracts of insurance. Nothing in this Act shall impair or abrogate the right of a buyer, as defined herein, to procure insurance from an agent and company of his own selection as provided by the insurance laws of this state, and nothing contained in this Act shall modify, amend, alter or repeal any of the insurance laws of the state. Section 2. Said Act is further amended by redesignating subsections (g), (h), (i) and (j) of section 3 as subsections (f), (g), (h) and (i), respectively. Section 3. Said Act is further amended by striking subsection (b) of section 4 in its entirety and substituting in lieu thereof a new subsection (b) as follows: (b) Such finance charge shall be computed on the unpaid balance on contracts payable in successive monthly payments substantially equal in amount. Such finance charge may be computed on the basis of a full month for any fractional month period in excess of ten days. A minimum finance charge of twenty-five dollars ($25.00) may be charged on any retail installment transaction. As used herein,

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`unpaid balance' shall be determined in accordance with Section 226.8(c) of Regulation Z promulgated by the Board of Governors of the Federal Reserve System pursuant to Title I (Truth in Lending Act) and Title V (general provisions) of the Consumer Credit Protection Act (Public Law 90-321, 82 Stat. 146, et seq.), as the same existed upon its becoming effective on July 1, 1969. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. GEORGIA RADIO COMMON CARRIER ACT. No. 787 (Senate Bill No. 489). An Act to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations, companies, or persons, firms or associations owning, leasing, managing or operating a radio common carrier system as defined in the Act; to provide the procedure therefor; to prescribe penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known, and may be cited, as the Georgia Radio Common Carrier Act. Section 2. (a) The following words, when used in this Act, shall have the following meanings, unless otherwise clearly apparent from the context: Short title. (1) The word Commission shall mean the Public Service Commission of Georgia;

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(2) The word Person shall include any individual, partnerships, corporations, companies, associations, administrators, executors, and trustees and receivers appointed by any court whatsoever; Definitions. (3) The words Radio Common Carrier shall mean any person or organization which owns, controls, operates or manages a radio common carrier system; except that such definition shall not include a telephone utility or telegraph utility regulated by the Commission; and (4) The words Radio Common Carrier System shall mean any facility within this State which is operated under license by the Federal Communications Commission as a miscellaneous common carrier in the domestic public land mobile radio service, to perform for hire the service of radio communications to members of the public who subscribe to such service; and the word facility as used in this subsection shall include all real property, stations, antennae, radios, receivers, transmitters, instruments, appliances, fixtures and other personal property used by a radio common carrier in providing service to its subscribers. (b) No radio common carrier shall begin, or continue, the construction or operation of any radio system, or any extension thereof, or acquire ownership or control thereof either directly or indirectly without first obtaining from the Public Service Commission a certificate that the present or future public convenience and necessity requires or will require such construction, operation or acquisition. The Commission is hereby authorized to prescribe appropriate and reasonable rules and regulations governing the issuance of such certificates. Certificates. (c) Any person not presently franchised or certificated by the Public Service Commission as a radio common carrier but engaged in the operation of any radio common carrier licensed by the Federal Communications Commission on the effective date of this Act shall receive a certificate of convenience and necessity from the Public Service Commission authorizing such person to continue the operation of such radio common carrier in the territory served by such

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person on the effective date of this Act, if, within ninety (90) days after this Act becomes effective, such person shall file with the Commission an application for such certificate, including copies of any license or licenses issued by the Federal Communications Commission to such person, showing the area served by such person. (d) The Commission shall have the power and authority to set and regulate rates charged to the public by Radio Common Carriers. Rates. (e) The Commission shall not grant a certificate for a proposed radio common carrier operation, or extension thereof into an established service area, which will be in competition with, or duplication of the service of, any other radio common carrier or any telephone or telegraph company (except mobile radio telephone service as now provided for under the Rules and Regulations of the Federal Communications Commission) unless the Commission shall first determine that the existing certificated radio common carrier or telephone or telegraph company is unwilling or unable to meet the reasonable needs of the public and that the person operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service. Limitations. (f) The provisions of this Act relate only to radio common carriers as defined herein and are distinguishable from mobile radio telephone service offered by land line telephone or telegraph utilities regulated by the Commission. Intent. (g) The provisions of sections 93-416, 93-329 and 93-9901 of the Code of Georgia of 1933, as now or hereafter amended, shall be applicable to any and all violations by any person of any of the provisions of this Act. Violations. Provided further, that any radio common carrier which operates in this State without a certificate of public convenience and necessity, or after such certificate is cancelled, may be enjoined by the courts of this State from operating within this State, at the suit of the Commission, or at the

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suit of a radio common carrier which competes with it, or of any person. Section 3. This Act shall become effective immediately upon its passage and approval by the Governor or its otherwise becoming law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. CURRENT INCOME TAX PAYMENT ACT OF 1960 AMENDED. No. 792 (House Bill No. 864). An Act to amend an Act known as the Current Income Tax Payment Act of 1960, approved February 28, 1960 (Ga. L. 1960, p. 7), as amended by an Act approved March 11, 1964 (Ga. L. 1964, p. 451), and an Act approved April 18, 1967 (Ga. L. 1967, p. 780), so as to require that any employer who withholds or should withhold more than $300.00 in certain months shall pay the amount withheld or which should have been withheld to the State Revenue Commissioner by a certain date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 5 of an Act known as the Current Income Tax Payment Act of 1960, approved February 28, 1960 (Ga. L. 1960, p. 7), as amended by an Act approved March 11, 1964 (Ga. L. 1964, p. 451), and an Act approved April 18, 1967 (Ga. L. 1967, p. 780), is hereby amended by adding thereto a new subsection to be designated (c) to read as follows: (c) If the amount of taxes which are deducted and withheld or which should be deducted and withheld under authority

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of this Act for any month other than March, June, September or December should exceed $300.00, the amount deducted and withheld or the amount which should have been deducted and withheld for such month shall be paid to the Commissioner by the fifteenth day of the following month. The amount so paid shall be included in the quarterly return for the calendar quarter including the month for which such payment is made and such payment shall be credited against the amount shown to be due on the quarterly return. Payment of taxes withheld. Section 2. This Act shall become effective April 1, 1970. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. DEPUTY STATE REVENUE COMMISSIONER. No. 793 (House Bill No. 1247). An Act to amend an Act approved January 3, 1938, and found in Georgia Laws 1937-38, Ex. Sess., p. 77, et seq., entitled An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner, to confer upon such Commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the apointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the Department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and

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the Board; to provide for appeal to the Board from the Superior Courts; to enforce tax liability to other states which reciprocate, to repeal Code sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68 and laws in conflict with this Act, to provide for the administration of and the enforcement of the tax laws; and for other purposes, as amended, by an Act approved February 21, 1951, (Ga. L. 1951, p. 614), and as amended by an Act approved March 14, 1963 (Ga. L. 1963, p. 133), so as to provide for the appointment of one Deputy State Revenue Commissioner; to provide for the office of Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; to strike the limitation on the salary of the Deputy State Revenue Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved January 3, 1938, and found in Georgia Laws 1937-38, Ex. Sess., p. 77 et seq., as amended by an Act approved February 21, 1951, (Ga. L. 1951, p. 614), and as amended by an Act approved March 14, 1963, (Ga. L. 1963, p. 133), is hereby amended by striking therefrom in its entirety section 11a and substituting in lieu thereof a new section 11a to read as follows: Section 11a. Appointment, qualifications, oath, salary, duties: There is hereby created the office of Deputy State Revenue Commissioner, of which there shall be one: Such Deputy State Revenue Commissioner shall possess the qualifications and take the oath of office required by law of the State Revenue Commissioner, and shall be appointed by said State Revenue Commissioner and hold office at his pleasure. He shall not be under the merit system. The salary of the Deputy State Revenue Commissioner shall be paid from funds appropriated by the Department in such amounts as may be determined by the Commissioner, subject to the approval of the State Budget Bureau. He shall file an official surety bond, approved in form by the Attorney General, in the same amount as required for the State Revenue Commissioner

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the premium of which shall be paid by the State. The Deputy State Revenue Commissioner shall perform such duties as are assigned to him by the State Revenue Commissioner. He shall exercise in all matters all authority granted by law to the State Revenue Commissioner which the State Revenue Commissioner may delegate to him in writing. He shall execute all documents and papers, including assessments for taxes, executions for taxes, jeopardy assessments, licenses, and all other documents necessary in the performance of such duties and the exercise of such authority. Any such tax execution, license, assessment, or other document assigned and executed by the Deputy State Revenue Commissioner shall be of the same force and effect as if signed and executed by the State Revenue Commissioner. Section 2. This Act shall be effective immediately upon approval by the Governor or its otherwise becoming law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. TAX RETURNS IN CERTAIN COUNTIES (250,000-500,000). Code 92-6201 Amended. No. 794 (House Bill No. 1414). An Act to amend Code section 92-6201, relating to the time for making tax returns, as amended, so as to provide that the tax commissioner of any county of this State having a population of not less than 250,000 nor more than 500,000 according to the United States Decennial Census of 1960 or any future such census, with the approval of the board of commissioners of such county, may eliminate the penalty for failure to timely file tax returns on motor vehicles; to specifically repeal a certain Act; to provide an effective

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date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-6201, relating to the time for making tax returns, as amended, is hereby amended by adding at the end thereof the following paragraph: The tax commissioner of any county of this State having a population of not less than 250,000 nor more than 500,000 according to the United States Decennial Census of 1960 or any future such census, with the approval of the board of commissioners of such county, may eliminate the penalty for failure to timely file tax returns on motor vehicles. Section 2. An Act amending Code section 92-6201 of the Code of 1933, providing for the time for making tax returns in counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census, approved March 11, 1964 (Ga. L. 1964, p. 457), as amended by an Act approved March 29, 1965 (Ga. L. 1965, p. 343), is hereby repealed in its entirety. Prior act repealed. 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, 1970. COBB JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEY. No. 797 (House Bill No. 1580). An Act to amend an Act creating the Cobb Judicial circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 213), so as to authorize the district attorney

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to employ an additional part-time assistant district attorney who shall be assigned to the Juvenile Court of Cobb County; to provide for his compensation, qualifications and duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 213), is hereby amended by adding a new section, to be designated as Section 4E, which shall read as follows: Section 4E. The district attorney is hereby authorized to appoint a second part-time assistant district attorney who shall possess the same qualifications and authorizations as the part-time assistant district attorney provided for in Section 4B of this Act. The part-time assistant district attorney provided for herein shall be assigned to the juvenile court of Cobb County and he shall be compensated an annual amount no less than $4,800.00, payable in equal monthly installments from the funds of Cobb County. Assistant district attorney. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly convening in January, 1970, to amend an Act creating the Cobb Judicial Circuit approved February 19, 1951, (Ga. L. 1951, p. 184) and the Acts amendatory thereof as applied to the District Attorney's office and for other purposes. Joe Mac Wilson Jack Henderson Representatives, Cobb County

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson 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 23, 30 and February 6, 1970. /s/ Joe Mack Wilson Representative, 117th District Sworn to and subscribed before me, this 9th day of February, 1970. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9. 1971. (Seal). Approved February 26, 1970. HOUSING AUTHORITIES LAW AMENDEDINTEREST RATE ON BONDS. No. 800 (Senate Bill No. 472). An Act to amend the Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is hereby amended by striking from the first

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sentence of section 15 the following: six per centum (6%) per annum,, and inserting in place thereof the following: eight per centum (8%) per annum, so that when so amended section 15 shall read as follows: Section 15. Form and Sale of Bonds. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding eight per centum (8%) 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. The bonds may be sold at not less than par at public sale held after notice published once at least five days prior to such sale in a newspaper having a general circulation in the city or the county and in a financial newspaper published in the City of New York, New York, or in the City of Atlanta, Georgia, provided, however, that such bonds may be sold at not less than par to the Federal Government at private sale without any public advertisement. In case any of the Commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such Commissioners or officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this Act shall be fully negotiable. Any bond reciting in substance that it has been issued by an authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of such bond or

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the security therefor, to have been issued for a housing project of such character. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. URBAN REDEVELOPMENT LAW AMENDEDINTEREST RATE ON BONDS. No. 801 (Senate Bill No. 473). An Act to amend the Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, is hereby amended by striking from the first sentence of section 10 (c) the following; six per centum (6%) per annum, and inserting in place thereof the following: eight per centum (8%) per annum, so that when so amended section 10 (c) shall read as follows: (c) Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding eight per centum (8%) 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,

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and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1970. STATE SCHOOL SUPERINTENDENT'S SALARY. Code 32-510 Amended. No. 802 (House Bill No. 177). An Act to amend Code section 32-510, relating to the compensation of the State Superintendent of Schools, so as to change the compensation of the State Superintendent of 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. Code section 32-510, relating to the compensation of the State Superintendent of Schools, is hereby amended by striking said Code section 32-510 to read as follows: 32-510. The State Superintendent of Schools shall be compensated in the amount of $28,000.00 per annum. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office. Section 2. This Act shall become effective January 1, 1971. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1970.

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DEPARTMENT OF PUBLIC SAFETYSALARIES. No. 803 (House Bill No. 1085). An Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as 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 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 Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by adding at the end of section 2 of Article II the following: The members of the Uniform Division of the Department of Public Safety, members of the Georgia Bureau of Investigation, radio operators and license examiners shall each receive a salary increase of four hundred ($400.00) dollars per annum. The salary increases provided herein shall not be subject to longevity increases. Section 2. The provisions of this Act shall become effective only in the event the General Assembly of Georgia, at the regular 1970 Session, appropriates funds to finance a four hundred dollar per annum across the board salary increase for State employees. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1970.

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MILEAGE ALLOWANCE FOR STATE OFFICIALS AND EMPLOYEES. Code 40-2002 Amended. No. 821 (House Bill No. 28). An Act to amend Code Section 40-2002, relating to the mileage allowance for State officials and employees, as amended, particularly by an Act approved March 7, 1962 (Ga. L. 1962, p. 710), so as to increase said allowance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 40-2002, relating to the mileage allowance for State officials and employees, as amended, particularly by an Act approved March 7, 1962 (Ga. L. 1962, p. 710), is hereby amended by striking therefrom 8 cents and substituting in lieu thereof the following: 10 cents, so that when so amended Code section 40-2002 shall read as follows: 40-2002. The officers, officials and employees of the various departments, institutions, boards, bureaus, and agencies of the State shall be paid 10 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by automobile, except as provided otherwise in the General Appropriations Act. Section 2. The effective date of this Act shall be April 1, 1970. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1970.

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STATE AUDITOR'S SALARY, ETC. No. 822 (House Bill No. 214). An Act to provide for the compensation and expenses of the State Auditor; 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 State Auditor shall be compensated in the amount of $28,500.00 per annum, with an additional amount of $800.00 per annum for each four years, not to exceed twenty years, of State service with a branch or department of State government financed by appropriations payable through the State Treasury, figured at the beginning of each such period of State service. He shall also be reimbursed for expenses incurred in the performance of his duties. The compensation and expenses provided for above shall be in lieu of all other compensation, salary, fees, allowances and any other remuneration heretofore received by the State Auditor. 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 2, 1970. COMPENSATION OF DESIGNATED STATE OFFICIALS. No. 823 (House Bill No. 1203). An Act to provide for additional compensation for certain designated State officials; to provide the procedure therefor; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. In addition to any other compensation and any allowances which they are now being paid, the Secretary of State, each member of the Public Service Commission, the Director of the State Highway Department, the Director of the Game and Fish Commission, the Director of the Forestry Commission, the Secretary of the Senate and Clerk of the House of Representatives, the Speaker of the House of Representatives, Supervisor of Purchases and the Commissioner of Agriculture shall receive the amount of $800.00 per annum for each four years of State service with a branch or department of State government financed by appropriations payable through the State Treasury, figured at the beginning of each such period of service, up to a maximum of 20 years service. Such amounts shall be paid in the same manner and from the same funds as the other compensation of such officials is paid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1970. OCMULGEE JUDICIAL CIRCUITSALARY OF OFFICIAL COURT REPORTERS. No. 824 (House Bill No. 1626). An Act to place the official court reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis in connection with criminal cases; to provide for the compensation for such court reporters; to provide for pro rata payment by the counties in said circuit; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The fee system existing in the superior courts of the Ocmulgee Judicial Circuit as applied to the offices of the official court reporter, for attendance and for reporting criminal cases, and all fees now or hereafter accruing to said officers for attendance and for reporting criminal cases be, and the same are hereby, abolished insofar as the same constitutes compensation of the said official court reporters; and the official court reporters of said judicial circuit shall hereafter be paid a salary as hereinafter provided in lieu of fees as under the present system for attendance and for reporting criminal cases. Salary basis. Section 2. The salary of each official court reporter of said judicial circuit shall be the sum of five thousand dollars ($5,000.00) per annum, which salaries shall be paid pro rata out of the general treasury of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing the said circuit shall pay such part or proportion of said salaries as its population shall bear to the official Federal census of 1960, until completion and promulgation of the next official Federal census, and so on according to each succeeding official census. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salaries so assessed each of said counties to be paid to said official court reporters 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 salaries 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 salaries shall be in full payment for all services of said official court reporters in reporting criminal cases tried in the superior courts of said counties. Salary.

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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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 Session of the General Assembly of Georgia, a bill to place the official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis as applied to criminal cases; to provide the procedure connected therewith; and for other purposes. This 20th day of January, 1970. Roy E. Bedingfield Martha C. Poole Georgia, Putnam County. Personally appeared before me, a notary public within and for above State and county, Battle Smith who, on oath, deposes and says that he is the publisher of The Eatonton Messenger which is the official organ of Putnam County, and that the attached copy of notice of intention to introduce local legislation was published therein on the following dates: January 22, January 29, February 5, 1970. /s/ Battle Smith Publisher Sworn to and subscribed before me, this 5th day of February, 1970. /s/ Altoona M. Cason, Notary Public, Warren County, Ga.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 Session of the General Assembly of Georgia, a bill to place the official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis as applied to criminal cases; to provide the procedure connected therewith; and for other purposes. Roy E. Bedingfield Martha C. Poole Georgia, Wilkinson County. Personally appeared before me, a notary public within and for above State and county, Joe Boone who, on oath, deposes and says that he is publisher of the Wilkinson County News which is the official organ of Wilkinson County, and that the attached copy of notice of intention to introduce local legislation was published therein on the following dates: January 22, January 29, February 5, 1970. /s/ Joe Boone Publisher Sworn to and subscribed before me, this 5th day of February, 1970. /s/ Altoona M. Cason, Notary Public, Warren County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 Session of the General Assembly of Georgia, a bill to place the official court Reporters of the Ocmulgee Judicial circuit on a salary basis in lieu of a fee basis as applied to criminal cases; to provide the procedure connected therewith; and for other purposes. This 20th day of January, 1970. Roy E. Bedingfield Martha C. Poole

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Georgia, Greene County. Personally appeared before me, a notary public within and for above State and county, Carey Williams, Jr. who, on oath, deposes and says that he is the publisher of the Herald Journal which is the official organ of Greene County, and that the attached copy of notice of intention to introduce local legislation was published therein on the following dates: January 23, 30 and February 6, 1970. /s/ Carey Williams, Jr. Publisher Sworn to and subscribed before me, this 5th day of February, 1970. /s/ Carey Williams, Jr., Notary Public, Greene County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 session of the General Assembly of Georgia, a bill to place the official Court Reporter of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis as applied to criminal cases to provide the procedure connected therewith; and for other purposes. The 20th day of January, 1970. Roy E. Bedingfield Martha C. Poole Georgia, Jasper County. Personally appeared before me, a notary public within and for above State and county, James W. Haney who, on oath, deposes and says that he is the publisher of The Monticello News which is the official organ of Jasper County, and that the attached copy of notice of intention to introduce

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local legislation was published therein on the following dates: January 29, February 5, February 12, 1970. /s/ James W. Haney Publisher Sworn to and subscribed before me, this 5th day of February, 1970. /s/ Altoona M. Cason, Notary Public, Warren County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 Session of the General Assembly of Georgia, a bill to place the official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis as applied to criminal cases; to provide the procedure connected therewith; and for other purposes. This 20th day of January, 1970. Roy E. Bedingfield Martha C. Poole Georgia, Baldwin County. Personally appeared before me, a notary public within and for above State and county, H. G. Foster who, on oath, deposes and says that he is the publisher of The Union-Recorder which is the official organ of Baldwin County, and that the attached copy of notice of intention to introduce local legislation was published therein on the following dates: January 22, January 29, February 5, 1970. /s/ H. G. Foster Publisher

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Sworn to and subscribed before me, this 5th day of February, 1970. /s/ Sybil H. Fowler, Notary Public, (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 Session of the General Assembly of Georgia, a bill to place the official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis as applied to criminal cases; to provide the procedure connected therewith; and for other purposes. This 20th day of January, 1970. Roy E. Bedingfield Martha C. Poole Georgia, Hancock County. Personally appeared before me, a notary public within and for above State and county, G. B. Moore, Sr. who, on oath, deposes and says that he is the publisher of The Sparta Ishmaelite which is the official organ of Hancock County, and that the attached copy of notice of intention to introduce local legislation was published therein on the following dates: January 22, January 29, February 5. /s/ G. B. Moore, Sr. Publisher Sworn to and subscribed before me, this 5th day of February, 1970. /s/ Altoona M. Cason, Notary Public, Warren County, Georgia.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 Session of the General Assembly of Georgia a bill to place the official court reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis as applied to criminal cases; to provide the procedure connected therewith; and for other purposes. This 20th day of January, 1970. Roy E. Bedingfield Martha C. Poole Geeorgia, Morgan County. Personally appeared before me, a notary public within and for above State and county, William Graham Ponder who, on oath, deposes and says that he is the publisher of the Madisonian which is the official organ of Morgan County, and that the attached copy of notice of intention to introduce local legislation was published therein on the following dates: January 22, January 29, February 5, 1970. /s/ William Graham Ponder Publisher Sworn to and subscribed before me, this 6th day of February, 1970. /s/ Monaray G. Powers, Notary Public, Morgan County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1970 Session of the General Assembly of Georgia, a bill to place the official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis as applied to criminal cases; to provide the procedure connected therewith; and for other purposes.

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This 20th day of January, 1970. Roy E. Bedingfield Martha C. Poole Georgia, Jones County. Personally appeared before me, a notary public within and for above State and county, Walter L. Toulson who, on oath, deposes and says that he is the publisher of The Jones County News which is the official organ of Jones County, and that the attached copy of notice of intention to introduce local legislation was published therein on the following dates: January 22, January 29, February 5, 1970. /s/ Walter L. Toulson Publisher Sworn to and subscribed before me, this 6th day of February, 1970. /s/ Pauline S. VanDyke, Notary Public, Warren County, Georgia. Approved March 2, 1970. STATE HIGHWAY BOARDDELEGATION OF POWERS. No. 827 (Senate Bill No. 308). An Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved February 5, 1951, (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act approved February 23, 1955 (Ga. L. 1955, p. 249), an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L.

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1960, p. 1109), an Act approved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved January 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2, 1963 (Ga. L. 1963, p. 282), an Act approved April 9, 1963 (Ga. L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), an Act approved April 4, 1967 (Ga. L. 1967, p. 382), and an Act approved April 8, 1968 (Ga. L. 1968, Vol. I, p. 1055), so as to authorize the State Highway Board to delegate any or all of its duties, powers and authority to the Director of the State Highway Department, when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act approved February 23, 1955 (Ga. L. 1955, p. 249); an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L. 1960, p. 1109), an Act approved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved January 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2, 1963 (Ga. L. 1963, p. 282), an Act approved April 9, 1963 (Ga. L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), an Act approved April 4, 1967 (Ga. L. 1967, p. 382), and an Act approved April 8, 1968 (Ga. L. 1968, Vol. I, p. 1055), is hereby amended by deleting the following language in subsection (a) of section 4; which reads: or any other law heretofore existing so that when so amended said subsection (a) of section 4 shall read as follows: Creation of State Highway Board; powers. There is hereby created a State Highway Board composed of one member

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to be chosen from each Congressional District of the State in the manner hereinafter provided. Said Board shall be charged with the general control and supervision of the State Highway system of roads and bridges, subject however, to the delegation of such duties, powers and authority as may have been vested in the Director of the State Highway Department by this or any other Act. Section 2. Said Act is further amended by striking subsection (e) of section 4 in its entirety and substituting in lieu thereof a new subsection (e) of section 4, which shall read as follows: Director of State Highway Department. There is hereby created the office of Director of the State Highway Department, who shall be the chief executive officer of the State Highway Department, and who when delegated to him by the State Highway Board shall perform, exercise and possess any or all of the duties, powers and authority of the State Highway Board, including but not limited to approval of all contracts and lease agreements, when the said Board is not in regular or called session, and who shall also have full authority to execute contracts, lease agreements and all other functions or undertakings of every kind and character. Such delegation may be withdrawn by said Board at any regular or called session; provided, however, that nothing contained in this Act shall be construed so as to repeal any prior Acts of the General Assembly of Georgia in respect to defining the powers and duties of the Board and of the Director, as required of the General Assembly by the mandate of Article V, Sec. XI, Par. I, of the Constitution of Georgia. The Director shall qualify by giving oath and bond with duly licensed corporate surety in the sum of $50,000.00, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties of his office and to account for all money and property coming into his hands, the premium of such bond to be paid from funds of the State Highway Department. The Director shall be a full-time official of the State, and shall receive as compensation the sum of $25,000.00 per annum payable monthly or semi-monthly, plus actual

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and necessary expenses for travel, lodging and meals, incurred while engaged in the performance of his duties away from the Capitol. No person who serves as Director of the State Highway Department shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any state or federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Director, and for a period of 12 months after the date he ceases to serve as Director; provided, however, nothing contained herein shall prevent the Director from being appointed to any other office, nor disqualify him from running in any election to succeed himself in any office to which he was appointed, nor to hold such office in the event he is elected thereto and otherwise qualifies therefor; provided, however, the Director shall resign as Director of the State Highway Department before accepting any such appointive office. Section 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 March 2, 1970. STATE HIGHWAY BOARDTREASURER AND ASSISTANT TREASURER. No. 828 (Senate Bill No. 357). An Act to amend an Act approved February 7, 1950 (Ga. L. 1950, Vol. I, pp. 62, 72), to create the office of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, so as to recreate the office of the Treasurer of the State Highway Department; to provide for his appointment, qualification and duties; to provide for the appointment of an acting

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Treasurer under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, approved February 7, 1950 (Ga. L. 1950, Vol. I, pp. 62, 66), is hereby amended by striking section 7 thereof relating to the creation, appointment, qualification and duties of the Treasurer of State Highway Department, and by substituting in lieu thereof the following: Section 7. There is hereby created the office of the Treasurer of State Highway Department. Such Treasurer shall be appointed by the Director of State Highway Department, whose appointment shall be confirmed by the Board at the next regular Board meeting following his appointment to serve at the pleasure of the Board. Before assuming the duties of his office, the Treasurer shall qualify by giving bond, with a corporate surety, licensed to do business in Georgia, in the amount of one hundred thousand ($100,000.00) dollars and payable to the Governor and his successors in office. Said bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for said bond shall be paid out of the funds of the Department. The duties of the Treasurer shall be to receive all funds from all sources to which the Department is entitled, to account for all funds received by the Department, and to perform such other duties as may be required of him by the Director. The Director shall have the authority to appoint an Assistant Treasurer in the same manner and under the same conditions as set forth herein for the appointment of the said Treasurer, including the qualifying in advance by giving bond of the same type, amount and paid for in the same manner as required of the Treasurer. Said Assistant Treasurer shall assume the duties of office of Treasurer upon the incapacity or death of the Treasurer and shall serve until a new Treasurer is appointed as herein provided.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1970. EASEMENT TO CITY OF MILLEDGEVILLE. No. 110 (House Resolution No. 668-1379). A Resolution. Authorizing the Governor, for and on behalf of the State of Georgia, to convey to the mayor and aldermen of the City of Milledgeville, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situate in Baldwin County, Georgia; and for other purposes. Whereas, the mayor and aldermen of the City of Milledgeville are currently undertaking to expand and enlarge their water and sewerage system and extend them into new areas; and Whereas, such expansion program will be of definite benefit to the public welfare; and Whereas, such proposed expansion lines will cross portions of the property of the State of Georgia situate in Baldwin County, Georgia. 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 the mayor and aldermen of the City of Milledgeville, a municipal corporation located in Baldwin County, Georgia, its successors and assigns, for and in consideration of the premises in the sum of ten ($10.00) dollars, easements with the right and privilege to clear, use, occupy, employ and enjoy, for the purpose

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of locating, placing, installing, operating, maintaining, replacing and repairing a line or lines of pipe, conduit or other means of transmission, passage, flow, disposal and carriage, with attachments and appurtenances thereto, for and of sanitary sewage, waste, refuse, water and other matter or thing, in, on, under, over, upon and across the following described strips or parcels of land, to wit: Those certain strips or parcels of land situate, lying and being within the 319th Militia District in Baldwin County, Georgia, the said strips being twenty (20) feet in uniform width throughout, and being ten (10) feet in uniform width on both sides of a certain center line route which lies and runs within the boundaries of land of the State of Georgia, the said center line route being defined and described as follows: Parcel No. 1: Beginning at a certain point on the southern right of way line of the Georgia Railroad in said county separating the lands of the State of Georgia and lands known as the Milledgeville-Baldwin County Industrial Park Site, and which said point of beginning is a distance of 120 feet in a easterly direction along said southern right of way line from said right of way line's point of intersection with the center line of the north fork of Fishing Creek; thence from said point of beginning running south 32 degrees 30 minutes east a distance of 23.0 feet; thence south 59 degrees 47 minutes east a distance of 661.0 feet; thence south 80 degrees 25 minutes east a distance of 313.0 feet; thence north 77 degrees 34 minutes east a distance of 369.0 feet; thence north 44 degrees 36 minutes east a distance of 278.0 feet; thence north 72 degrees 49 minutes east a distance of 391.0 feet; thence north 35 degrees 04 minutes east a distance of 180.0 feet; thence north 19 degrees 07 minutes west a distance of 300.0 feet; thence north 12 degrees 44 minues east a distance of 577.0 feet; thence north 61 degrees 08 minutes east a distance of 803.0 feet; thence north 71 degrees 41 minutes east a distance of 714 feet; thence south 45 degrees 47 minutes east a distance of 106.0 feet; thence south 45 degrees 47 minutes east a distance of 703.0 feet;

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thence south 18 degrees 41 minutes east a distance of 293.0 feet; thence south 40 degrees 44 minutes east a distance of 640.0 feet; thence south 63 degrees 28 minutes east a distance of 1573.0 feet; thence north 76 degrees 38 minutes east a distance of 412.0 feet; thence south 66 degrees 34 minutes east a distance of 146.0 feet; thence north 82 degrees 16 minutes east a distance of 198.0 feet; thence north 11 degrees 45 minutes west a distance of 288.0 feet; thence north 43 degrees 39 minutes east a distance of 477.0 feet; thence south 69 degrees 41 minutes east a distance of 441.0 feet; thence north 60 degrees 0 minutes east a distance of 93.0 feet; thence south 89 degrees 31 minutes east a distance of 729.0 feet; thence south 57 degrees 45 minutes east a distance of 564 feet; thence south 45 degrees 01 minute east a distance of 543 feet; thence south 54 degrees 21 minutes east a distance of 285.0 feet to land of J. P. Stevens Company. Parcel No. 2: Beginning at a certain point on the southern right of way line of the Georgia Railroad in said county which is located by beginning at a point on the common property line separating the Industrial Park Site of the Milledgeville and Baldwin County Development Corporation and land of J. P. Stevens Company, and which said beginning point is north 18 degrees 07 minutes west a distance of 15.0 feet along said common property line from its point of intersection with the northern right of way line of said Georgia Railroad; thence south 73 degrees 32 minutes east a distance of 75.0 feet; thence south 15 degrees 18 minutes east a distance of 113.0 feet to the true point of beginning of the strip herein described; thence from said true point of beginning running south 78 degrees 47 minutes east a distance of 166.0 feet; thence running south 45 degrees 47 minutes east a distance of 167.0 feet. Parcel No. 3: Beginning at a certain point on the southern Railroad in said county which is located by beginning at a point on the center line of said railroad right of way that is 1832.0 feet east on said center line from Mile Post number 49 of said railroad; thence south 28 degrees 03 minutes east a distance of 60 feet; thence south 77 degrees

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11 minutes east a distance of 16 feet to the southern right of way line of said railroad and to the true point of beginning of the strip herein described; thence from said true point of beginning running south 77 degrees 11 minutes east a distance of 307.0 feet; thence running north 56 degrees 07 minutes east a distance of 259.0 feet. All of the above described strips are more fully set out and shown on those certain plats of same made from surveys by Calvin W. Rice, Registered Georgia Surveyor number 58, dated July 9, 1969, as revised December 29, 1969, entitled Plat of Survey for the Mayor and Aldermen of the City of Milledgeville Proposed Sanitary Sewer in 319th Militia District, and on file, here recognized, in the office of the clerk of the mayor and aldermen of the City of Milledgeville, and to which reference is made for a full and complete description of the metes and bounds, courses and distances of the above described strips or parcels of land. Be it further resolved that for construction purposes only the above described easements shall be forty (40) feet in uniform width throughout and twenty (20) feet in uniform width on each side of the above described center line routes. Be it further resolved that upon ascertaining that the sum of ten ($10.00) dollars 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 water and sewer 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 easements herein authorized. Be it further resolved that these easements, being made only for the purpose of the construction, maintenance and operation of said water and sewer lines by

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the mayor and aldermen of the City of Milledgeville, or its successors or assigns, shall continue only so long as said city, or its successors or assigns, continues to maintain and operate said water and sewer lines, and, should said city at any time abandon said water and sewer lines or discontinue the use thereof, these easements shall terminate. Approved March 2, 1970. CRIMINAL LAWSTUDY COMMITTEE MEMBERSHIP ENLARGED, ETC. No. 111 (House Resolution No. 868-1702). A Resolution. Adding a new member to the Criminal Law Study Committee; to provide compensation for Honorable Reid Merritt, District Attorney, Gwinnett Judicial Circuit; and for other purposes. Whereas, pursuant to an Act approved March 7, 1961 (Ga. L. 1961, p. 96) the Criminal Law Study Committee was created; and Whereas, said Act provided that one of the members of the Committee would be a member of the Solicitors General Association; and Whereas, said association is now known as the Georgia District Attorneys Association; and Whereas, pursuant to an amendatory Act approved March 6, 1962 (Ga. L. 1962, p. 566) the Resolution creating the Criminal Law Study Committee was amended and included the following provision: In the event any member ceases to be a member of any official group or agency, as provided herein, such member

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shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government, it previously having been provided herein that the persons originally appointed as members of the Committee shall remain as members of the Committee until the completion of its work. and Whereas, because of the aforesaid provision the Georgia District Attorneys Association has not had an incumbent member on said Criminal Law Study Committee since November 1964; and Whereas, Honorable Reid Merritt, District Attorney of the Gwinnett Judicial Circuit, and presently President of the Georgia District Attorneys Association has regularly attended meetings of the Criminal Law Study Committee in order to assist the Committee and to keep his fellow District Attorneys apprised of the proceedings of the Committee; and Whereas, as of the introduction of this Resolution Honorable Reid Merritt has attended ten (10) meetings of the Criminal Law Study Committee; and Whereas, it is only fit and proper that he be compensated for his services; and Whereas, the membership of the Criminal Law Study Committee should include an incumbent District Attorney: Now, therefore, be it resolved by the General Assembly of Georgia that the Resolution creating the Criminal Law Study Committee approved March 7, 1961 (Ga. L. 1961, p. 96), is hereby amended by striking from the first paragraph after the preamble the following: Said Committee shall consist of sixteen members, and inserting in lieu thereof the following: Said Committee shall consist of seventeen members.

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Be it further resolved that said Resolution is further amended by adding after the last paragraph thereof a new paragraph to read as follows: Notwithstanding any other provision of law to the contrary, the Criminal Law Study Committee created by this Resolution shall in addition to the other members thereon be composed of one member of the Georgia District Attorneys Association to be appointed by the Governor. Notwithstanding any other provision of law to the contrary said member shall receive compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, said sum to be paid from funds appropriated to or otherwise made available for the cost of operating the Superior Courts. Be it further resolved that Honorable Reid Merritt, District Attorney of the Gwinnett Judicial Circuit, shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees from the funds appropriated to or otherwise made available for the cost of operating the Superior Courts for the ten (10) meetings of the Criminal Law Study Committee which he attended prior to the introduction of this Resolution. The aforesaid compensation, per diem, expenses, and allowances shall be paid as provided in this Resolution notwithstanding any other provisions of law to the contrary. Approved March 2, 1970. JOINT HIGHWAY LAWS INTERIM STUDY COMMITTEE. No. 112 (Senate Resolution No. 218). A Resolution. Recreating the Joint Highway Laws Interim Study Committee; and for other purposes.

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Whereas, the 1969 General Assembly created the Joint 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 continue 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, as amended, does not call for recommendations for legislation until June 30, 1970; and Whereas, the Committee stood to be abolished in January, 1970; 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 Committee created by House Resolution 144-444 (Ga. L. 1969, p. 1063), 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 created by House Resolution 451-994 (Ga. L. 1968, p. 1176), 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 twenty days. The Committee shall make a report of its

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findings, and shall propose legislation, on or before the second Monday in January, 1971, at which time the Committee shall stand abolished. Approved March 2, 1970. LAND CONVEYANCE TO BOARD OF TRUSTEES OF GEORGIA MILITARY COLLEGE. No. 113 (Senate Resolution No. 244). A Resolution. Authorizing the conveyance of certain real property located within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in the City of Milledgeville, which property is located on what is known as the Old Capitol Square, and which property has been considered as being owned by the Board of Trustees of Georgia Military College for many years, but due to an oversight on the part of someone within the past decades, the property's title has been traced to the State of Georgia; and Whereas, it is only fair, fitting and proper that the title to the real property be placed in the Board of Trustees of Georgia Military College, along with all improvements which have been made, all of which were made by Georgia Military College; and Whereas, the two parcels which make up the aforemention real property are more particularly described as follows: All of those certain pieces or parcels of land, together with all permanent improvements located thereon and connected therewith, situate, lying and being in the 320th

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Militia District of Baldwin County, Georgia, within the corporate limits of the City of Milledgeville, being parts of the Old Capitol Square in said City, and being more particularly described as follows: First parcel: Beginning at the northwest corner of the intersection of South Elbert Street and East Franklin Street in said city, and running thence from said point of beginning north 13 degrees 15 minutes west along the western right of way line of said South Elbert Street, a distance of 637 feet to that property known as the barracks property of the Board of Trustees of Georgia Military College; thence running south 77 degrees 27 minutes west a distance of 460.0 feet; thence south 58 degrees 28 minutes east a distance of 7.8 feet; thence south 87 degrees 0 minutes east a distance of 15.0 feet; thence north 89 degrees 11 minutes east a distance of 47.0 feet; thence south 50 degrees 29 minutes east a distance of 51.2 feet; thence south 13 degrees 01 minute east a distance of 185.5 feet; thence south 24 degrees 27 minutes west a distance of 153.8 feet; thence south 14 degrees 44 minutes west a distance of 20.0 feet; thence south 11 degrees 14 minutes east a distance of 20.0 feet; thence south 13 degrees 13 minutes east a distance of 231.0 feet to the northern right of way line of East Franklin Street; thence north 77 degrees 27 minutes east along the northern right of way line of Franklin street a distance of 474.0 feet to the point of beginning. Second parcel: Beginning at a certain point on the northern right of way line of East Franklin street in the city that is north 77 degrees 27 minutes east a distance of 237.4 feet along said northern right of way line of East Franklin Street from the northeast corner of the intersection of said Franklin Street and South Wayne Street in said city; thence from said point of beginning running north 13 degrees 15 minutes west along the common property line separating the herein described land and land in possession and occupied by City Elementary School, a distance of 318.1 feet; thence south 77 degrees 27 minutes west a distance of 237.4 feet to the eastern

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right of way line of South Wayne Street; thence north 13 degrees 15 minutes west along said eastern right of way line of South Wayne Street, a distance of 199.1 feet; thence north 77 degrees 24 minutes east a distance of 210.0 feet; thence south 13 degrees 15 minutes east a distance of 39.6 feet; thence north 77 degrees 24 minutes east a distance of 200.8 feet; thence south 12 degrees 54 minutes east a distance of 100.0 feet; thence south 19 degrees 53 minutes east a distance of 25.0 feet; thence south 32 degrees 02 minutes east a distance of 25.0 feet; thence south 40 degrees 07 minutes east a distance of 25.0 feet; thence south 45 degrees 41 minutes east a distance of 25.0 feet; thence south 47 degrees 18 minutes east a distance of 20.0 feet; thence south 35 degrees 28 minutes east a distance of 20.0 feet; thence south 17 degrees 0 minutes east a distance of 20.0 feet; thence south 13 degrees 13 minutes east a distance of 231.0 feet to the northern right of way line of East Franklin Street; thence south 77 degrees 27 minutes west along the northern right of way line of said Franklin Street a distance of 228.6 feet to the point of beginning. Both of the above described parcels are more fully set out and shown on that certain plat of Old Capitol Square made from a survey by Walker McKnight, Registered Georgia Land Surveyor Number 864, dated January, 1970, and recorded in the office of the Clerk of the Superior Court of Baldwin County, Georgia, in Deed Book 85, page 286, and to which plat and its record reference is made to aid in the description herein given and for a full and complete description of the metes and bounds, courses and distances, of the within described parcels. First parcel above described is set out and shown as all of Parcel C on the aforesaid plat, and second parcel above described is set out and shown as all of Parcel D on the aforesaid plat. 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 Board of Trustees of Georgia Military College, for

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the consideration of $100.00, the above described real property and all improvements thereon. Approved March 2, 1970. HOSPITAL AUTHORITIES LAW AMENDEDINTEREST ON REVENUE BONDS. Code 88-1809 Amended. No. 834 (House Bill No. 1197). An Act to amend Code Section 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, as amended, by an Act approved April 8, 1968 (Ga. L. 1968, p. 1097), so as to change the maximum rate of interest which may be borne by revenue certificates of hospital authorities; 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 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, as amended, by an Act approved April 8, 1968 (Ga. L. 1968, p. 1097), is hereby amended by striking from said section the word seven and inserting in lieu thereof the word nine, so that when so amended Code section 88-1809 shall read as follows: Section 88-1809. Same; authorization; series; maturity; interest. Certificates of an Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates; mature at such time or times; bear interest at such rate or rates not exceeding nine 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

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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 certificates or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes. Section 2. 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 4, 1970. GEORGIA PUBLIC SERVICE COMMISSIONENFORCEMENT OF ACT REGARDING INTRASTATE PIPELINE SYSTEMS. No. 836 (House Bill No. 1384). An Act to amend an Act regulating intrastate pipeline systems in the State of Georgia, approved February 17, 1956 (Ga. L. 1956, p. 104), so as to give the Georgia Public Service Commission power and authority to enforce the provisions of this Act by civil monetary penalties and injunctions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating intrastate pipeline systems in the State of Georgia, approved February 17, 1956 (Ga. L. 1956, p. 104), is hereby amended by adding a new section at the end thereof to be designated section 16 to read as follows: Section 16. (a) Any person who violates any provision.

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of this Act, or any rule, regulation or order issued by the Commission under this Act, shall be subject to a civil penalty of not to exceed one thousand ($1,000) dollars for each day that such violation persists, except that the maximum civil penalty shall not exceed two hundred thousand ($200,000) dollars for any related series of violations. (b) Any such civil penalty may be imposed by the Commission only after notice and hearing. In determining the amount of such penalty, the size of the business charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance after notice of a violation shall be considered. The amount of such penalty may be collected by the Commission in the same manner that money judgments are now enforced in the superior courts of this State. Section 2. Said Act is further amended by adding at the end of section 16 a new section to be designated section 17 to read as follows: Section 17. In addition to the civil monetary penalty provided for in Section 16 of this Act, the Commission may bring a civil action to enjoin a violation of any provision of this Act, or any rule, regulation or order issued by the Commission under this Act. It shall not be necessary in order to obtain this equitable relief for the Commission to allege or prove that there is no adequate remedy at law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1970. STATE REVENUE COMMISSIONERTOBACCO TAX STAMPS. No. 838 (House Bill No. 1496). An Act to provide that the Revenue Commissioner shall be

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authorized to grant permits to licensed, wholesale, tobacco dealers; to allow tobacco tax stamps to be obtained on account; to provide for the payment of liabilities arising from said permits; to provide for the security for liabilities arising from such permits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provision of law to the contrary, the Revenue Commissioner is hereby authorized to permit licensed tobacco distributors to purchase tobacco tax stamps from the State Revenue Dept on account. Such permits may be granted only to licensed tobacco distributors who post bonds with the Commissioner in amounts sufficient in the opinion of the Commissioner to secure the payment for stamps delivered on account. Tobacco tax stamps purchased by licensed tobacco distributors shall be paid for in full on or before the 20th day of the month next succeeding. The bond provided for in this Section shall be secured by cash which shall bear no interest, or by negotiable securities approved by the State Treasurer, or a Surety Bond executed by some surety company licensed to do business in this State and approved by the Commissioner. The Commissioner is hereby authorized to cancel without notice any permit issued under the provisions of this Section if the licensed tobacco distributor fails or refuses to make payment for stamps purchased during the calendar month on or before the 20th day of the month next succeeding or if the licensed tobacco distributor fails or refuses to comply with the Rules and Regulations adopted under authority of this Section. Provided, further, that on or before June 30th of any fiscal year, the licensed tobacco distributor shall pay for, in its entirety, any liability for the purchase of tobacco tax stamps due and owing at that time. Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

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Section 3. The effective date of this Act shall be March 1, 1970. Approved March 4, 1970. CLAYTON JUDICIAL CIRCUITSALARIES OF OFFICIAL COURT REPORTERS. No. 840 (House Bill No. 1632). An Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 69), so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 69), 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 official court reporters of the Clayton Judicial Circuit composed of Clayton County shall be compensated in an amount not to exceed eight thousand six hundred ($8,600.00) dollars per annum each, to be set by the Chief Judge of the Superior Court of said circuit. Such compensation shall be paid in annual monthly installments from the funds provided for such purposes by Clayton County. Salaries. 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 1970 Session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the official court reporters of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide that the official court reporters shall also serve without additional compensation as the official court reporters for criminal cases in the Civil and Criminal Court of Clayton County upon request by the Judge of said court; and for other purposes. This 24th day of December, 1969. Terrell A. Starr Senator, 44th District William J. Lee Representative, 21st District Arch Gary Representative, 21st District Lamar D. Northcutt Representative, 21st District 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 and Clayton County News Farmer which is the official organ of Clayton County, on the following dates: January 1, 8, 15, 1970. /s/ William J. Lee Representative, 21st District

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Sworn to and subscribed before me, this 6th day of February, 1970. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 4, 1970. DONATION OF BLOOD BY PERSON EIGHTEEN YEARS OF AGE OR OLDER. No. 845 (Senate Bill No. 369). An Act to provide that persons eighteen years of age or over may donate their blood; to provide for requirements and other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person who is a resident of this State and who is eighteen years of age or over may donate his or her blood to any person, firm, association, organization, public or private agency, or corporation without the consent of the parent or parents or guardian of such person. Any person who is not a resident of this State and who is eighteen years of age or over may donate his or her blood to any person, firm, association, organization, public or private agency, or corporation in this State without the consent of the parent or parents or guardian of such person when the laws of the State wherein such person resides permit the donation of blood at such age. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1970.

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STANDARDS, ETC. FOR CERTAIN GLASS, ETC. INSTALLATIONS. No. 851 (House Bill No. 412). An Act to prohibit the use, sale, fabrication, assembly, glazing, installation of products commonly known as sliding glass doors, entrance doors, fixed glazed panels, storm doors, shower doors, tub enclosures or other glazed structures for use in hazardous locations, or on any public bus or train unless they contain safety glazing material; to define terms; to require certain labeling; to require posting, painting or marking of certain doors; to provide penalties; 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) Safety glazing material means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the requirements of the USA Standard Z-97.1-1966 or such requirements as are or may be hereafter adopted by the Georgia State Department of Labor, and which are so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material. (b) Hazardous locations means those glazed structures in residential, commercial and public buildings known as sliding glass doors, entrance doors or adjacent fixed glazed panels, which may cover or be mistaken for means of ingress or egress, storm doors, shower doors, or tub enclosures whether or not the glazing in such doors, panels or enclosures are transparent and all doors, windows and mirrors on public buses and trains. (c) Installer includes those persons or concerns who or which install glazing materials or build structures containing glazing materials, in hazardous locations.

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(d) Manufacturer means a person who manufactures safety glazing material. (e) Fabricator means a person who fabricates, assemblies, or glazes from component parts such structures or products commonly known as sliding glass doors, entrance doors, adjacent fixed glazed panels, storm doors, shower doors, bath tub enclosures, panels to be fixed glazed, entrance doors, or other structures to be glazed, to be used or installed in hazardous locations. Section 2. Labeling. Each light of safety glazing material manufactured, distributed, imported, sold or installed within the State of Georgia shall be permanently labeled by the manufacturer of the glazing material by etching, sand blasting or ceramic material fired on the glass, and be visible after glazing. The label shall identify the manufacturer, thickness and type of safety glazing material and that it meets the requirements of USA Standard Z-97.1-1966 or such requirements as are or may be hereafter adopted by the Georgia Department of Labor. The use of such labeling or identification on other than safety glazing materials shall be a violation of this Act. Section 3. Posting, Painting or Marking. Transparent glass or plastic doors in commercial or public places in buildings open to the public, must in addition to use of safety glazing materials, be posted, painted, or otherwise marked in such a manner as to alert the public as to their presence. Such posting, painting, or marking shall also be required in those places previously glazed with non-safety glazing materials, prior to the effective date of this Act. Section 4. Unlawful Acts. It shall be unlawful, for use in the State of Georgia, to knowingly sell, fabricate, assemble, glaze, install or consent to be installed any product commonly known as a sliding glass door, entrance door, fixed glazed panel adjacent to an entrance door which may be mistaken for means of ingress or egress, storm door, shower door, tub enclosure or any other glazed structure for use in any hazardous locations, or any glazing material on any public bus or train, where said product, glazing

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material or glazed structure contains any glass or glazing product other than safety glazing material. Section 5. Penalty. Whoever violates the provisions of this Act shall be guilty of a misdemeanor and punished accordingly. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1970. GEORGIA MINIMUM WAGE LAW. No. 852 (House Bill No. 696). An Act to establish a minimum wage for certain employees within the State of Georgia; to provide for a short title; to provide for the administration and enforcement of the Act; to prescribe civil penalties; to provide for exemptions; 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 cited as the Georgia Minimum Wage Law. Short title. Section 2. Every employer except farm owner, share cropper, or land renter, whether a person, firm or corporation, shall pay to all covered employees a minimum wage which shall be not less than $1.25 per hour for each hour worked in the employment of such employer. Minimum wage, etc. Section 3. The Commissioner of Labor shall administer and enforce this Act, and may make rules and regulations for such administration. Enforcement. Section 4. Every employer, who or which is subject to the provisions of this Act or of any regulation pursuant thereto, shall maintain records showing the hours worked

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by each employee and the wages paid to him, and shall furnish to the Commissioner upon demand a sworn statement of the hours worked and wages paid to each person in his or its employment covered by this Act. The records covering such hours and payments shall be open to inspection by the Commissioner, his deputy or any authorized agent of the department at any reasonable time. Each employer subject to the provisions of this Act shall post copies of any regulation or order issued pursuant to its provisions in a conspicuous place in an area where his employees frequent. Records, etc. Section 5. If any employer pays any employee a lesser amount than the minimum wage provided in this Act, the employee, at any time within three (3) years, may bring a civil action for the recovery of the difference between the amount paid and the minimum wage provided in this Act, plus an additional amount equal to the original claim, which shall be allowed as liquidated damages, together with costs and such reasonable attorney's fees as may be allowed by the court. No contract or agreement between any employer and his employees nor any acceptance of a lesser wage by any employee shall bar the action. Actions. Section 6. The provisions of this Act shall not apply to any employer who is subject to the minimum wage provisions of any Act of Congress as to employees covered thereby, nor shall it apply to the employers of domestic employees. Exceptions. Section 7. (a) The Commissioner of Labor is authorized to grant exemptions to certain categories of organizations and businesses for the purpose of exempting them from the operation of this Act. The exemptions granted herein shall be based upon considerations as to the value of allowing certain classes of persons to be employed at rates below the minimum rate because of overriding considerations of public policy to allow employment to certain handicapped persons, and others who cannot otherwise compete effectively in the Labor Market. Exemptions, etc. (b) The Commissioner of Labor is hereby authorized to conduct investigations and compile information as to the

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reasons for granting exemptions to certain persons and organizations, that they may be exempted from this Act for the reasons set out in Section 7 (a). The Commissioner is hereby required to maintain a list of such exemptions, along with the records of the investigations conducted, and the basis for the granting of such exemption and said list of such exemptions and records and investigations and the basis for granting such exemptions shall be a public record. (c) Newspaper carriers are expressly excluded from the provisions of this Act. Section 8. The Provisions of this Act shall not apply with respect to: (a) any employer that has sales of $40,000 per year or less; or (b) any employer having five employees or less; or Exemptions. (c) any employee whose compensation consists wholly or partially of gratuities; or (d) any employee who is a high school or college student. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1970. REVENUECERTAIN RETIREMENT PAY EXCLUDED FROM GROSS INCOME. Code 92-3107 Amended. No. 853 (House Bill No. 869). An Act to amend Code section 92-3107 relating to the definition of gross income, as amended by an Act approved March 26, 1935 (Ga. L. 1935, p. 121), an Act approved

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March 30, 1937 (Ga. L. 1937, p. 109), an Act approved March 18, 1941 (Ga. L. 1941, p. 210), an Act approved March 20, 1943 (Ga. L. 1943, p. 317), and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 287), so as to provide that gross income shall not include amounts up to $3,000 received as retirement income by persons who are sixty-five (65) years of age or over, under the provisions of the Federal Civil Service Retirement 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. Code section 92-3107 relating to the definition of gross income, as amended by an Act approved March 26, 1935 (Ga. L. 1935, p. 121), an Act approved March 30, 1937 (Ga. L. 1937, p. 109), an Act approved March 18, 1941 (Ga. L. 1941, p. 210), an Act approved March 20, 1943 (Ga. L. 1943, p. 317), and an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 287), is hereby amended by adding at the end of subsection (b) of said Code section a new paragraph to be designated paragraph (8) to read as follows: (8) Amounts up to $3,000 received as retirement income, by persons who are sixty-five (65) years of age or over, under the provisions of the Federal Civil Service Retirement Law. Section 2. This Act shall be effective for all taxable years beginning after December 31, 1970. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1970.

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PRACTICE AND PROCEDUREATTORNEY'S FEES FOR REFUSAL, ETC. TO ANSWER INTERROGATORIES. No. 854 (House Bill No. 163). An Act to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to provide for reasonable attorney's fees for a delay in answering interrogatories under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609) as amended, is hereby amended by adding at the end of subsection (a) of section 37 the following: If after the filing of the motion but before the hearing thereon, the refusing party then answers the interrogatories, the court, upon a finding that the delay in answering was without substantial justification, may require the delaying party or deponenet and the party or attorney advising the delay or either of them to pay the examining party the amount of the reasonable expenses incurred in filing the motion, including reasonable attorney's fees., so that when so amended subsection (a) of section 37 shall read as follows: (a) Refusal to answer. If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the court in the county where the deposition is taken for an order compelling an answer. Upon the refusal of a deponent to answer any interrogatory submitted under section 31 or upon the refusal of a party to

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answer any interrogatory submitted under section 33 the proponent of the question may on like notice make like application for such an order. If the motion is granted and if the court finds that the refusal was without substantial justification the court shall require the refusing party or deponent and the party or attorney advising the refusal of either of them to pay to the examining party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney's fees. If the motion is denied and if the court finds that the motion was made without substantial justification, the court shall require the examining party or the attorney advising the motion or both of them to pay to the refusing party or witness the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees. If after the filing of the motion but before the hearing thereon, the refusing party then answers the interrogatories, the court, upon a finding that the delay in answering was without substantial justification, may require the delaying party or deponent and the party or attorney advising the delay or either of them to pay to the examining party the amount of the reasonable expenses incurred in filing the motion, including reasonable attorney's fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. INJUNCTIONS TO INSURE SAFE INSTALLATION ETC. OF NATURAL GAS TRANSMISSION LINES. Code 93-419 Enacted. No. 855 (House Bill No. 610). An Act to amend Code Chapter 93-4, relating to the jurisdiction of the Georgia Public Service Commission, so as to provide authority and power for the Georgia Public Service Commission to enjoin any and all violations of the

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rules, orders and regulations established by the Public Service Commission for the safe installation and operation of all natural gas transmission and distribution facilities within this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 93-4, relating to the jurisdiction of the Georgia Public Service Commission, is hereby amended by adding at the end thereof a new section to be designated 93-419 as follows: Section 93-419. Injunctions to restrain violations of rules, orders, and regulations of Commission. In addition to any other actions prescribed by this Chapter, the Public Service Commission may bring a civil action to enjoin the violation of any rule, order or regulation established by the Public Service Commission for the safe installation and operation of all natural gas transmission and distribution facilities within this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. GEORGIA BUILDING AUTHORITY (HOSPITAL) ACT AMENDED. No. 856 (House Bill No. 658). An Act to amend an Act known as the Georgia Building Authority (Hospital) Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended, and recreated by an Act approved February 6, 1941 (Ga. L. 1941, p. 250), and as amended particularly by an Act approved April 19, 1967 (Ga. L. 1967, p. 852), an Act approved April 20, 1967 (Ga. L. 1967, p. 860), and an Act approved April 20, 1967 (Ga. L. 1967, p. 862), so as to increase the amount of bonds

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which the Authority may isue at any one time; 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 (Hospital) Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended, and recreated by an Act approved February 6, 1941 (Ga. L. 1941, p. 250), and as amended particularly by an Act approved April 19, 1967 (Ga. L. 1967, p. 852), an Act approved April 20, 1967 (Ga. L. 1967, p. 860), and an Act approved April 20, 1967 (Ga. L. 1967, p. 862), is hereby amended by striking from section 5 the words: sixty million dollars, and inserting in lieu thereof the words and figures: ninety million ($90,000,000.00) dollars, so that when so amended section 5 shall read as follows: Section 5. Revenue Bonds. The authority, or the authority created under the Act of the General Assembly of 1941, approved February 6, 1941, appearing on pp. 250-253 inclusive of the Acts of 1941, or any authority which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created in the Act here sought to be amended shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in addition to those which have already been issued by said authority, in a sum not to exceed the total sum of ninety million ($90,000,000.00) dollars outstanding at any time, of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects under or for any department or agency of the State of Georgia. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semi-annually,

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shall mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The authority shall determine the forms of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary-treasurer of the authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority. The proceeds of such bonds shall be used solely for the payment

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of the cost of the project or projects, and shall be disbursed upon requisition or order of the chairman of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same funds without perference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus may be used for additional projects or shall be paid into the fund hereafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happenings of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects at one or more institutions. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970.

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INSPECTION OF PUBLIC RECORDSEXCEPTIONS. No. 857 (House Bill No. 683). An Act to amend an Act entitled, An Act to provide for the inspection of public records; to provide for photographing public records; to repeal conflicting laws; and for other purposes., approved February 27, 1959 (Ga. L. 1959, p. 88), as amended by an Act approved April 11, 1967 (Ga. L. 1967, p. 455), so as to exempt from the provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of personal privacy; to provide a privilege of all State Officers and employees to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study or report of the Georgia Department of Public Health; to provide that the identity of such a person shall not be admissible in evidence except in stated circumstances; 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 entitled, An Act to provide for the inspection of public records; to provide for photographing public records; to repeal conflicting laws; and for other purposes., approved February 27, 1959 (Ga. L. 1959, p. 88), as amended by an Act approved April 11, 1967 (Ga. L. 1967, p. 455), is hereby amended by striking section 2A thereof and substituting in lieu thereof a new section 2A to read as follows: Section 2A. The provisions of this Act shall not be applicable to records that are specifically required by the Federal Government to be kept confidential or to medical records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to the

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provisions of this Act. All State Officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study or report of the Georgia Department of Public Health. The identity of such informant shall not be admissible in evidence in any court of the State unless the said court finds that the identity of the informant already has been otherwise disclosed. Section 2. 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 March 10, 1970. PRACTICE AND PROCEDUREREDUCTION OF FIDUCIARY BONDS BY ORDINARIES. No. 858 (House Bill No. 703). An Act to provide that when it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to permit a corresponding reduction in the amount of any bond required of any fiduciary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When it shall appear to the ordinary that the value of an estate has decreased, the ordinary shall have the authority to permit a corresponding reduction in the amount of any bond required of any fiduciary. Section 2. If the ordinary shall permit a reduction in the amount of any such bond, nothing contained within this Act shall be construed so as to affect the liability of the

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surety for waste or misconduct by the fiduciary which might have occurred before the bond was reduced. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. INSURANCEFARMERS MUTUAL FIRE INSURANCE COMPANIES. Code 56-2004 Amended. No. 859 (House Bill No. 841). An Act to amend Code section 56-2004, relating to the qualifications required of Farmers' Mutual Fire Insurance Companies, so as to change the qualifications required prior to the issuance of a certificate of authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-2004, relating to the qualifications required of Farmers' Mutual Fire Insurance Companies, is hereby amended by striking subparagraph (a) of subsection (2) in its entirety and substituting in lieu thereof the following: (a) It has received bona fide applications from not less than 25 citizens of this State for not less than $100,000 of insurance covering farm property located in the county or counties in which it is organized to transact business which shall not be more than four contiguous counties and those counties which are contiguous to the county of the corporation's or insurer's domicile, and with not more than the maximum amount of insurance permitted on a single risk under section 56-2012 below;

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. WORKMEN'S COMPENSATIONTWO PERMANENT INJURIES. Code 114-410 Amended. No. 860 (House Bill No. 847). An Act to amend Code section 114-410, relating to two permanent injuries, as amended, so as to change the maximum amount of compensation which an employee who receives two permanent injuries may receive; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-410, relating to two permanent injuries, as amended, is hereby amended by striking the following: $12,500., and inserting in lieu thereof the following: $18,000., so that when so amended Code section 114-410 shall read as follows: 114-410. Two permanent injuries. If an employee receives a permanent injury as specified in section 114-406, after having sustained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding 350 weeks.

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When the previous and subsequent permanent injuries received in the same employment result in total disability, compensation shall be payable for permanent total disability, but payments made for the previous injury shall be deducted from the total payment of compensation due. In no event shall the total amount of compensation paid exceed $18,000. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. ADDITIONAL COURT REPORTERS IN CERTAIN COUNTIES (135,000-140,000). No. 861 (House Bill No. 898). An Act to amend an Act relating to the appointment of court reporters in certain counties, approved April 2, 1963 (Ga. L. 1963, p. 302), as amended by an Act approved March 12, 1965 (Ga. L. 1965, p. 204), so as to provide for an additional court reporters; 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. An Act relating to the appointment of court reporters in certain counties, approved April 2, 1963 (Ga. L. 1963, p. 302), as amended by an Act approved March 12, 1965 (Ga. L. 1965, p. 204), 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. The judges of the superior courts in such counties handling civil and criminal matters may appoint an additional official court reporter when it becomes necessary to dispatch the business of the courts, to perform such duties as they may determine and to fix his compensation at a figure not to exceed $592.00 per month and provide for

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his fees for reporting and transcribing proceedings in civil matters on the same basis as that provided for other such reporters in such counties. 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 10, 1970. PRACTICE AND PROCEDUREUSE OF MORTALITY TABLES. No. 862 (House Bill No. 1012). An Act to update and modernize mortality tables in use in permanent injury and wrongful death cases in this State; to provide for the admissibility of certain mortality tables in actions involving wrongful death or permanent personal injury, to authorize the application of said mortality tables in the calculation of damages in wrongful death cases or in permanent personal injury cases; to provide that annuity tables based upon such applicable mortality tables may be used by the jury or court in determining present value of future due earnings or amounts in wrongful death cases or permanent personal injury cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That in addition to any other lawful methods of computing the value of the life of a decedent in wrongful death cases or to determine the present value of future due earnings or amounts in cases involving permanent personal injuries, there shall be admissible in evidence as competent evidence in such cases either or both of the following mortality tables:

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(a) The Commissioners 1958 Standard Ordinary Mortality Tables. (b) Annuity Mortality Table for 1949, Ultimate. Section 2. It shall be lawful for the trier of fact, the jury or court, as the case may be, in determining the present value of any future earnings, annuity, or amounts, to reduce the same to the present value upon the basis of interest calculated at five (5%) percent per annum. Section 3. That in addition to the provisions set out above, the jury or court shall be authorized in cases of wrongful death or permanent personal injuries to use any table as determined by the jury or court, whichever is the trier of fact, to be accurate in showing the value of annuities on single lives according to the Mortality Tables set out above. Section 4. That the aforesaid admissible evidence shall not be the exclusive method which the jury or court hereafter is required to use in such cases, but shall be supplementary to other lawful and allowable evidence and method for such purpose otherwise obtaining in this State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. STATE AGENCIES, ETC.EMPLOYMENT OF WIVES OF SERVICEMEN. No. 863 (House Bill No. 1023). An Act to provide that no department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces employment with such department, agency or board merely because she is

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the wife of a serviceman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) No department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces of the United States or on active duty in a reserve component of the Armed Forces of the United States, including the National Guard, employment with such department, agency or board merely because she is a wife of a member of the Armed Forces. (b) The provisions of this Act shall not be construed to require a department, agency or board of the State of Georgia to employ any person who is not qualified for such employment or to employ any person for which no opening is available for the position applied for by such person. The provisions of this Act are intended only to prevent departments, agencies and boards of the State from discriminating in the opportunity of securing employment with such departments, agencies and boards, against wives of servicemen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. GEORGIA CIVIL PRACTICE ACT AMENDEDFINDINGS OF FACTS BY TRIAL COURTS. Code 81A-152 Amended. No. 864 (House Bill No. 1029). An Act to amend an Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, particularly by an Act approved April 24, 1969 (Ga. L. 1969, p. 645), so as to do away with the requirement

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that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce, alimony or custody of minor children cases forms the sole basis of the action; to provide that certain provisions may be waived; to validate certain verdicts and judgments; 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, particularly by an Act approved April 24, 1969 (Ga. L. 1969, p. 645), is hereby amended by striking in its entirety subsection (a) of section 81A-152 and substituting in lieu thereof the following: (a) Effect. In all actions in Superior Court tried upon the facts without a jury, except actions involving only uncontested divorce, alimony and custody of minors, the court shall find the facts specially and state separately its conclusions of law thereon and judgement 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). The requirements of this subsection may be waived in writing by the parties. Provided, all verdicts and judgments heretofore rendered in any uncontested divorce, alimony or custody case without findings of fact and conclusions of law are hereby declared to be legal and binding and of the same effect as if such cases had been rendered with findings of fact and conclusions of law.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Approved March 10, 1970. SALE OF TICKETS TO ATHLETIC CONTESTS. No. 865 (House Bill No. 1032). An Act to regulate the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; to provide penalties; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to sell, or offer for sale, any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, or golf tournament for a price in excess of the price printed on the ticket. Crimes. Section 2. Violation of the provisions of section 1 shall be punished as for a misdemeanor. Punishment. Section 3. An Act regulating the sale of admission tickets, other than those of athletic contests of the university system of Georgia, approved March 7, 1966 (Ga. L. 1966, p. 207), is hereby repealed in its entirety. Prior act repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970.

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CRIMESDISTRIBUTION OF MATERIAL DEPICTING NUDITY, ETC. Code 26-2102 Enacted. No. 869 (House Bill No. 1042). An Act to amend Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; to define certain terms; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, is hereby amended by adding at the end thereof a new Code section, to be numbered Code section 26-2102, and to read as follows: 26-2102. Distributing Material Depicting Nudity or Sexual Conduct. (a) A person commits the offense of distributing material depicting nudity or sexual conduct when he sends unsolicited through the mail, or otherwise unsolicited causes to be delivered, material depicting nudity or sexual conduct to any person or residence or office unless there is imprinted upon the envelope or container of such material, in not less than 8-point boldface type, the following notice: `NoticeThe material contained herein depicts nudity or sexual conduct. If the viewing of such material could be offensive to the addressee, this container should not be opened but returned to the sender.' (b) As used within this section `nudity' means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state, and `sexual conduct' means acts of masturbation,

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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. (c) A person convicted of distributing material depicting nudity or sexual conduct shall be punished by imprisonment for not less than one nor more than three years, or by a fine not to exceed $10,000, or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. USURYINTEREST ON TRANSACTIONS INVOLVING REAL ESTATE. Code 57-101.1 Amended. No. 870 (House Bill No. 1043). An Act to amend Code section 57-101.1, relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest, contained in said Code section, shall apply; to provide that amounts paid by persons other than the borrower shall not be considered interest; 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 57-101.1, relating to the maximum rate of interest which may be charged on certain transactions involving real property, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 57-101.1, to read as follows:

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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; and provided further that amounts paid to, or contracted to be paid to, the lender by persons other than the borrower shall not be considered interest and shall not be taken into account in the calculation of interest. (b) For the purpose of this Title, it is declared to be the intent of the Legislature and the existing Law of Georgia 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. (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. (d) Nothing contained in this code section shall be construed to amend, modify, supersede or repeal an 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

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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. 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 10, 1970. RECONVEYANCES OF PROPERTY UNDER DEEDS TO SECURE DEBT, ETC. Code 67-1307 Amended. No. 871 (House Bill No. 1051). An Act to amend Code section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, so as to provide that certain reconveyances, in the event of prior death of a grantor, shall be valid and effective to vest title in heirs, personal representatives or successors in title of said deceased grantor, as their interests may appear; 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 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, is hereby amended by adding thereto the following: Such a reconveyance, in the event of prior death of the grantor, shall be valid and effective to vest title in the heirs, personal representatives or successors in title of said deceased grantor, as their interests may appear., so that when so amended said Code section shall read as follows: The grantor's right to a reconveyance of the property, upon his complying with the contract, shall not be affected by any liens, encumbrances, or rights which would otherwise attach to the property by virtue of the title being in the grantee; but the right of the grantor to a reconveyance shall be absolute and permanent upon his complying with his contract with the grantee according to the terms. Such a reconveyance, in the event of prior death of the grantor, shall be valid and effective to vest title in the heirs, personal representatives or successors in title of said deceased grantor, as their interests may appear. Code 67-1307 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. CLERKS OF SUPERIOR COURTS RETIREMENT SYSTEM ACT AMENDED. No. 872 (House Bill No. 1061). 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.

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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), an Act approved March 26, 1968 (Ga. L. 1968, p. 420), and an Act approved April 25, 1969 (Ga. L. 1969, p. 668) so as to include provisions relative to delinquent payments; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), 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), an Act approved March 26, 1968 (Ga. L. 1968, p. 420), and an Act approved April 25, 1969 (Ga. L. 1969, p. 668), 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. 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

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any future such census, where the compensation of the clerk is on a salary basis, the provisions of this section shall not apply. Contributions, etc. When any person or authority, whose duty it is to collect and remit monies to the fund under this section shall fail to remit such monies within 60 days of the date they are required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of five per cent (5%) of said principal amount per month for each month during which the funds continue to be delinquent, not to exceed twenty-five per cent (25%). There shall be added to the principal amount of funds which are delinquent, interest at the rate of six per cent (6%) per annum from the date said funds became delinquent until the same are paid. After April 1, 1966, all funds which have not been paid into the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this section. Section 2. This Act shall become effective 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 10, 1970. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT AMENDEDSUPREME COURT JUSTICES EMERITUS. No. 873 (House Bill No. 1087). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949

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(Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 19, 1964 (Ga. L. 1964, p. 115), so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; 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 Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 19, 1964 (Ga. L. 1964, p. 115), is hereby amended by striking from subsection (10) of section 3 the following: The prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court on April 1, 1964., and inserting in lieu thereof the following: The prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court or Judge of the Court of Appeals on April 1, 1964., so that when so amended subsection (10) shall read as follows: (10) The provisions of this or any other law to the contrary notwithstanding any person becoming a Justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Justice Emeritus of the Supreme Court. The prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court or Judge of the Court of Appeals on April 1, 1964. Any person serving as Justice of the Supreme Court on said date, must notify the Executive Secretary of

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the Employees' Retirement System on or before March 31, 1965, if he desires to become a member of the Retirement System. In the event such Justice does not give such notification to the Executive Secretary on or before the aforesaid date, he shall not therefore be eligible to become a member of the Retirement System. No such Justice shall be entitled to rescind any such notification, and no such Justice shall be allowed to give any such notification after March 31, 1965. Any Justice giving such notification shall, upon the effective date of his membership, begin making those regular employee contributions as required by provisions of the law governing this System and shall be entitled to all the retirement allowances and credits provided for herein in the same manner as if he had become a member of the System on January 1, 1950, which shall include credit for prior service and any services performed by him as an employee subsequent to that date. All contributions which would have been reported for the Justices of the Supreme Court had they become members on January 1, 1950, beginning with said date and up until April 1, 1964, shall be paid by the employer into the Pension Accumulation Fund in such manner and over such period of time as shall be agreed upon between the Board of Trustees and the employer. Eligibility for Survivor Benefits for a present Justice shall be determined on the same basis as that applicable to all other System members who were in State employment on January 1, 1953, or after, and benefit amounts shall be based upon the attained age of the Justice as of the effective date of his membership. Eligibility for Survivor Benefits for any person who enters on duty as a Justice after April 1, 1964, shall be determined in the same manner as any other new member of this system. The term `Justice' as used herein shall include Chief Justice and Associate Justice. 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 10, 1970.

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SUPREME COURT JUSTICES EMERITUSELIGIBILITY FOR APPOINTMENT. No. 874 (House Bill No. 1088). An Act to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, approved March 30, 1937 (Ga. L. 1937, p. 1101), as amended, particularly by an Act approved March 4, 1964 (Ga. L. 1964, p. 240), so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; 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 positions of Chief Justice Emeritus and Associate Justice Emeritus, approved March 30, 1937 (Ga. L. 1937, p. 1101), as amended particularly by an Act approved March 4, 1964 (Ga. L. 1964, p. 240), is hereby amended by striking from section 6 the following: The prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court on April 1, 1964., and inserting in lieu thereof the following: The prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court or Judge of the Court of Appeals on April 1, 1964., so that when so amended section 6 shall read as follows: Section 6. The provisions of this or any other law to the contrary notwithstanding, any person becoming a Justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Justice Emeritus. The prohibition

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against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court or Judge of the Court of Appeals on April 1, 1964. The term `Justice' as used herein shall include Chief Justices and Associate Justices. 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 10, 1970. STATE DIVISION OF CONSERVATION ACT AMENDED. No. 875 (House Bill No. 1090). An Act to amend an Act authorizing 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, approved April 28, 1969 (Ga. L. 1969, p. 855), so as to provide that said office may be created within any department of the executive branch; to authorize the head of the agency thus designated, with the approval of the Governor and the Commissioner of Conservation, to appoint personnel for said office, establish the compensation for such personnel, and set out the powers, duties, and authority of such office and personnel therein; 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 to authorize the creation of an office, within the State Division of Conservation, to administer in

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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, approved April 28, 1969 (Ga. L. 1969, p. 855), is hereby amended by adding the words or any department of the executive branch after the words State Division of Conservation appearing in section 1 thereof, so that as amended section 1 shall read as follows: 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 or any department of the executive branch, an office to administer the Federal funds available to the State, its departments, agencies, boards, bureaus and political subdivisions. Powers. Section 2. Said Act is further amended by striking section 3 thereof in its entirety and inserting in lieu thereof a new section 3 to read as follows: 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 the `Land and Water Conservation Fund Act of 1965,' and in this respect, the head of the agency thus designated is hereby authorized, with the approval of the Governor and the Commissioner of Conservation, to appoint personnel for said office, establish the compensation for such personnel, and set out the powers, duties, and authority of such office and personnel therein. Intent. 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 March 10, 1970.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 877 (House Bill No. 1096). An Act to amend an Act entitled the Motor Vehicle Certificate of Title Act, approved March 3, 1961, (Ga. L. 1961, p. 68) as amended by an Act approved March 24, 1965, (Ga. L. 1965, p. 264) and an Act approved March 2, 1966 (Ga. L. 1966, p. 139), so as to provide for the issuance of a certificate of title for salvage military or government surplus vehicles, trucks, or trailers, and industrial vehicles, trucks, and trailers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Motor Vehicle Certificate of Title Act approved March 3, 1961, (Ga. L. 1961, p. 68) as amended by an Act approved March 24, 1965, (Ga. L. 1965, p. 264) and an Act approved March 2, 1966, Ga. L. 1966, p. 139) is hereby amended by adding to section 20, the following subparagraph, to be designated subparagraph (b), to read as follows: (b) All military, government or industrial vehicles, trucks or trailers which are reconditioned, rebuilt or remanufactured in this State, for sale, shall be entitled to receive a certificate of title, from the commissioner, based upon the date of reconditioning, rebuilding or remanufacturing. The person reconditioning, rebuilding or remanufacturing said military, government or industrial vehicles, trucks or trailers shall be required to furnish to the commissioner the information required in accordance with section 8 of this Act. Provided further, that the original date of manufacture or model year of said reconditioned, rebuilt or remanufactured military, government or industrial vehicle, truck or trailer shall not be used for the certificate of title, but the date said military, government or industrial vehicle, truck or trailer was reconditioned, rebuilt or remanufactured shall be used by the commissioner for the purpose of issuing

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a certificate of title. Provided, however, that nothing herein contained in section 20, subparagraph (b) shall give any person the right to receive a certificate of title on any reconditioned, rebuilt or remanufactured passenger automobile not otherwise provided for in said Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. POULTRY PROCESSING PLANTSLICENSING, ETC. No. 880 (House Bill No. 1114). An Act to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, approved March 9, 1956 (Ga. L. 1956, p. 748), as amended, so as to change the licensing requirements for poultry processing plants; to provide for automatic revocation of licenses under certain conditions; to provide that all licensees not covered under the provisions of the United States Department of Agriculture poultry inspection program shall register annually with the Commissioner of Agriculture; 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 regulating the sanitary conditions of meat, poultry and dairy processing plants, approved March 9, 1956 (Ga. L. 1956, p. 748), as amended, is hereby amended by adding a new section between section 5 and section 6 to be designated section 5A to read as follows: Section 5A. To assure the protection of the consuming public, no person shall operate a poultry processing plant in this State without having first obtained a license from the Commissioner. The fee for such license shall be fixed

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by the Commissioner of Agriculture in an amount not to exceed $10.00. The license shall be conspicuously displayed in each place of business. The license shall not be transferable. The license of any person who ceases operation for a period of 90 days or more shall automatically be revoked. Any such license may be revoked or suspended by the Commissioner for the violation of the provisions of this Act or rules and regulations or sanitary standards and specifications adopted pursuant hereto. The Commissioner shall notify the licensee the reasons why he intends to revoke or suspend the license and the licensee shall be entitled to a hearing before the Commissioner within ten days after receipt of such notice of intention to revoke or suspend. At such hearing the Commissioner shall consider the circumstances and shall give the licensee reasonable time to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given. All licensees who operate a poultry processing plant in this State which is not covered under the provisions of the United States Department of Agriculture poultry inspection program shall register with the Commissioner of Agriculture on or before January 1 of each year at no cost to the licensee. 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 10, 1970. STATE BOARD OF PARDONS AND PAROLESEXECUTION OF WARRANTS. No. 882 (House Bill No. 1129). An Act to amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved

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March 31, 1965 (Ga. L. 1965, p. 478), so as to authorize parole supervisors or parole officers to execute warrants issued by the Board; 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 State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 478), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. If any member of the Board shall have reasonable ground to believe that any parolee or conditional releasee has lapsed into criminal ways, or has violated the terms and conditions of his parole or conditional release in a material respect, such member may issue a warrant for the arrest of such parolee or conditional release. Said warrant, if issued by a member of the Board, shall be returned before him and shall command that the parolee or conditional releasee be brought before him, at which time he shall examine such parolee or conditional releasee and admit him to bail conditioned for his appearance before the Board, or if he is not admitted to bail, commit him to jail pending a hearing before the Board, as herein provided. All officers authorized to serve criminal process, all peace officers of this State and all parole supervisors or parole officers shall be authorized to execute said warrant. Any parole or probation supervisor, when he has reasonable ground to believe that a parolee or conditional releasee has violated the terms or conditions of his parole or conditional release in a material respect, shall notify the Board or some member thereof, and proceedings thereupon be had as provided herein. 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 10, 1970.

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GEORGIA HISTORICAL COMMISSION ACT AMENDED. No. 883 (House Bill No. 1136). An Act to amend an Act creating the Georgia Historical Commission, approved February 21, 1951 (Ga. L. 1951, p. 789), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 152), an Act approved March 3, 1962 (Ga. L. 1962, p. 515), an Act approved March 11, 1964 (Ga. L. 1964, p. 455), and an Act approved April 1, 1965 (Ga. L. 1965, p. 500), so as to remove the provision placing a ceiling on the salary of employees of the Commission; to create the office of Director of the Commission and abolish the office of Secretary of the Commission; to provide for duties of the Director; to provide for additional powers of the Board of Commissioners of the Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Historical Commission, approved February 21, 1951 (Ga. L. 1951, p. 789), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 152), an Act approved March 3, 1962 (Ga. L. 1962, p. 515), an Act approved March 11, 1964 (Ga. L. 1964, p. 455), and an Act approved April 1, 1965 (Ga. L. 1965, p. 500), is hereby amended by striking from section 8 the following: :provided, however, no person shall be employed in the department at a salary in excess of $3,600 per annum without the approval of the Secretary of State., so that when so amended section 8 shall read as follows: Section 8. The board shall maintain an office and keep permanent and complete records of its proceedings, meetings, hearings, orders, and decisions; also, shall employ such assistants, technical, clerical or otherwise, and such other employees as the board in the exercise of its discretion, shall

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deem necessary or proper to the effectual discharge of the duties and the exercise of the powers of the board enumerated in this Act; discharge any such employees; fix, prescribe, and change the compensation and duties of any such employees. Duties, employees, etc. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. There is hereby created the office of Director of the Georgia Historical Commission. Director. Section 3. 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 Director of the Georgia Historical Commission shall be appointed by the Secretary of State for a term of four years, and any person serving as Director shall be eligible to succeed himself. Same, appointment, etc. Section 4. 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. The Director may be removed by the Secretary of State for neglect of duty, malfeasance in office or other sufficient cause after notice and public hearing. If a vacancy occurs in the office of Director before the expiration of a term, such vacancy may be filled by appointment by the Secretary of State for a full four-year term to run from the date of appointment. The person serving as Secretary of the Board of Commissioners of the Commission shall be the first Director of the Commission, beginning April 1, 1970, and shall serve as Director for the remainder of the term of the office of Secretary, at which time the Secretary of State shall appoint a Director for a full four-year term. Same, removal Section 5. 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:

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Section 12. The compensation of the Director of the Georgia Historical Commission shall be fixed by the Secretary of State. The Director shall also receive the same travel expenses, while traveling in performance of his duties, as other State employees. Same, compensation, etc. Section 6. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. The Director shall devote his full time and service to the Georgia Historical Commission and to the business thereof, and shall be responsible to the Board of Commissioners for the execution of their directions and the carrying out of their policies. The Director shall: Same, duties. (a) Attend all meetings of the Board and keep accurate records of all meetings and business transactions by the Board; provided, that the Director, with the approval of the Board of Commissioners, may designate an assistant to serve in this capacity; (b) Employ and discharge all personnel of the Commission; (c) Execute contracts on behalf of the Board of Commissioners; (d) Subject to the general supervision of the Board, have charge of all the employees of the Georgia Historical Commission and may assign and prescribe the duties of each of such employees; (e) Perform such other duties and functions as may be designated by the Board of Commissioners. Section 7. Said Act is further amended by adding new paragraphs (e) and (f) at the end of section 14 to read as follows:

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(e) Enter into contracts with both public and private parties in connection with the exercise of the powers and duties of the Commission; Powers. (f) Send its employees onto property, the title to which is not in the Commission or the State of Georgia, for the purpose of research and exploration; provided, the express written consent of the owner of such property is first obtained, and provided the findings of such research and exploration shall, by prior agreement, be available to the Commission in the exercise of its functions. Section 8. This Act shall become effective April 1, 1970. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDEDDISTRIBUTION OF STATE FLAGS BY SECRETARY OF STATE. No. 884 (House Bill No. 1139). An Act to amend the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 38), so as to provide that the Secretary of State shall be authorized to furnish, without cost, to the various public schools of this State, State flags; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 38), is hereby amended by striking in its entirety section 91 (a) which reads as follows:

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Section 91 (a). Designation for custodian and arrangement for distribution. The Secretary of State is hereby designated as the custodian of the State flag and shall procure from moneys made available by the Budget Commission for such purposes, suitable flags for distribution to State Departments, schools, and agencies at actual cost. From such funds, he is authorized also to procure such flags, and fascsimiles thereof, as may cause such flag to be sufficiently and properly made known and displayed., Repealed. and substituting in lieu thereof a new section 91 (a), to read as follows: Section 91 (a). Designation of custodian and distribution of State flags. The Secretary of State is hereby designated as the custodian of the State flag. From funds made available for such purpose, the Secretary of State shall procure suitable State flags and he shall be authorized to furnish, without cost, to the various public schools of this State and to other departments and agencies, at actual cost, such flags for their use in displaying same. From such funds, he is authorized also to procure such flags, and fascimiles thereof, as may cause such flag to be sufficiently and properly made known and displayed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. AREA PLANNING AND DEVELOPMENT COMMISSIONSPOWERS. No. 885 (House Bill No. 1147). An Act to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development of housing, and in connection therewith, to authorize said Commissions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; to authorize

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said Area Planning and Development Commissions to provide technical and advisory assistance to certain sponsors of housing, and in connection therewith, to authorize said Commissions to employ staff; to authorize the training of said Staff by the State Planning and Programming Bureau; 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. Area Planning and Development Commissions are hereby authorized to work with both public and private organizations to facilitate the development of mass produced housing, and in connection therewith, said Commissions may: (1) identify available land and seek sponsors in order to pool mass markets; (2) assist political subdivisions in the development of local agreements between such political subdivisions for the purpose of superseding local building codes relative to specified housing projects; and (3) provide technical and advisory assistance to public bodies in the development of applications for Federal or other assistance for housing programs. Powers. Section 2. Area Planning and Development Commissions shall be further authorized to provide technical and advisory assistance to local sponsors, and potential local sponsors, of housing so that said sponsors will have access to the information and experience needed to assist them in planning and carrying out housing development projects. In connection therewith, said Commissions may employ such staff as might be necessary or desirable, and the State Planning and Programming Bureau shall be authorized to establish, from time to time, training programs for the staff of such Commissions. Same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970.

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UNIFORM LIMITED PARTNERSHIP ACT AMENDED. No. 886 (House Bill No. 1149). An Act to amend the Uniform Limited Partnership Act, approved February 15, 1952 (Ga. L. 1952, p. 375), so as to provide that a limited partnership may acquire property and take title thereto in the name of the partnership; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Uniform Limited Partnership Act, approved February 15, 1952 (Ga. L. 1952, p. 375), is hereby amended by adding at the end of section 3 the following: A limited partnership may acquire property of any nature and take title thereto in the name of the partnership., so that when so amended, section 3 shall read as follows: Section 3. (Business Which May Be Carried On). A limited partnership may carry on any business which a partnership without limited partners may carry on, except for banking, insurance, railroad, trust, canal, navigation, express, and telegraph businesses. A limited partnership may acquire property of any nature and take title thereto in the name of the partnership. The specification of this power shall not be construed to limit any other power which such limited partnership may have. Title to property. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970.

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WORKMEN'S COMPENSATION ACT AMENDEDPLANNING COMMISSIONS. Code 114-101 Amended. No. 890 (House Bill No. 1166). An Act to amend Code section 114-101, relating to the definition of the term Employer and Employee for purposes of Workmen's Compensation, as amended by an Act approved March 20, 1943 (Ga. L. 1943, p. 401), an Act approved February 17, 1950 (Ga. L. 1950, p. 324), an Act approved February 17, 1950 (Ga. L. 1950, p. 404), an Act approved February 15, 1952 (Ga. L. 1952, p 167), an Act approved March 4, 1953 (Ga. L. 1953, p. 526), an Act approved March 21, 1958 (Ga. L. 1958, p. 183), an Act approved March 18, 1964 (Ga. L. 1964, p. 675), an Act approved April 14, 1967 (Ga. L. 1967, p. 633), and an Act approved April 9, 1968 (Ga. L. 1968, p. 1163), so as to authorize planning commissions created pursuant to section 1 of an Act relating to the creation of planning commissions by certain political subdivisions, approved March 13, 1957 (Ga. L. 1957, p. 420, 421), as the same has been heretofore or may hereafter be amended, to provide workmen's compensation coverage for their employees; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-101, relating to the definition of the term Employer and Employee for purposes of Workmen's Compensation, as amended by an Act approved March 20, 1943, (Ga. L. 1943, p. 401), an Act approved February 17, 1950 (Ga. L. 1950, p. 324), an Act approved February 17, 1950 (Ga. L. 1950, p. 404), an Act approved February 15, 1952 (Ga. L. 1952, p. 167), an Act approved March 4, 1953 (Ga. L. 1953, p. 526), an Act approved March 21, 1958 (Ga. L. 1958, p. 183), an Act approved March 18, 1964 (Ga. L. 1964, p. 675), an Act approved April 14, 1967 (Ga. L. 1967, p. 633), and an Act approved April 9, 1968 (Ga. L. 1968, p. 1163), is hereby amended by adding at the end thereof a new paragraph to read as follows:

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All planning commissions created pursuant to section 1 of an Act relating to the creation of planning commissions by certain political subdivisions, approved March 13, 1957 (Ga. L. 1957, p. 420, 421), as the same has been heretofore or may hereafter be amended, are hereby authorized to provide workmen's compensation insurance coverage on their employees. Before any such planning commission can provide any such insurance coverage, it shall adopt an appriate resolution, at any public meeting of the Commission, setting forth the procedure for furnishing and maintaining such insurance coverage. From the date of the adoption of such resolution, any such planning commission shall be deemed to be an employer and each of its employees to be an employee within the meaning of the laws relating to and governing workmen's compensation in Georgia. Providing that said planning commission may be appropriate notice to employees and by proper resolution elect to withdraw from coverage under said law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. AGRICULTUREINSPECTION OF HONEY BEE COLONIES, ETC. Code 9-507, 9-508 Enacted. No. 891 (House Bill No. 1169). An Act to amend Code Chapter 5-9, relating to the regulation and control of honey bees, as amended, so as to provide for the inspection of honey bee colonies; to provide for certain reports to the Commissioner of Agriculture; to authorize payment of compensation to the owner of certain honey bee colonies which are destroyed pursuant to the direction of the Department of Agriculture; to provide for the procedures connected with the foregoing; to repeal an Act relating to the inspection

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of colonies of honey bees, approved March 4, 1966 (Ga. L. 1966, p. 192); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 5-9, relating to the regulation and control of honey bees, as amended, is hereby amended by adding at the end thereof the following Code sections: 5-907. Inspection of colonies of honey bees; procedure. Each colony of honey bees maintained by any person, firm, or corporation in this State shall be inspected at least once each 18 months by an authorized bee inspector of the State Department of Agriculture. Such inspections shall be made for the primary purpose of combating the spread of bee diseases in this State. It will be the duty of any person, firm or corporation not already registered as a bee colony owner, to register with the commissioner of agriculture, as a bee colony owner, within 30 days after acquiring a bee colony or colonies of honeybees. It shall also be the duty of all persons subject to this Chapter to render assistance relative to the inspection of such colony. 5-908. Compensation for destroyed property. Whenever bees, hives or other equipment is ordered destroyed pursuant to Section 5-905, the Commissioner shall appraise the property to be destroyed. If the Commissioner and the owner are unable to agree on the value, the Commissioner shall appoint a disinterested appraiser, the owner shall appoint a disinterested appraiser and these two appraisers shall appoint a third disinterested appraiser who shall appraise the property. When the property is destroyed, the Commissioner shall pay any Georgia resident beekeeper whose property is destroyed, a sum equal to fifty percent of the appraised value of the property destroyed, provided, however, in no event shall the compensation paid to any such owner exceed the sum of $6.00 per colony. For the purposes of this Section, the term `property' shall include bees, hives, frames and other equipment.

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Section 2. An Act relating to the inspection of colonies of honey bees, approved March 4, 1966 (Ga. L. 1966, p. 192), is hereby repealed in its entirety. 1966 Act repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 893 (House Bill No. 1182). 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, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), and an Act approved February 12, 1962 (Ga. L. 1962, p. 39), so as to redefine the term peace officer; 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, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), and an Act approved February 12, 1962 (Ga. L. 1962, p. 39), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The term `peace officer', as used in this Act, shall mean any peace officer who is employed by the State of Georgia or any political subdivision thereof, who is required by the terms of his employment as such peace officer,

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whether such employment exists by virtue of election or appointment, to give his full time to his job as such peace officer. For the purposes of this Act, any deputy sheriff employed as such by a sheriff of this State shall be deemed to be employed by the county wherein such sheriff serves. Such term shall also include any warden or guard of State or county public works camps and any warden or guard of municipal public works camps of a municipality having a population of 70,000 or more according to the last or any future United States census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard. Any warden or guard of a municipal public works camp who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled. Such term shall also include all employees of the Peace Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job. Any such full time employee who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled. Such term shall also include any parole officers who are require by the terms of their employment to devote full time to their job. The word `income', as used in this Act, shall mean any and all income received by a peace officer for services rendered, whether such income be in the form of salary, fees, subsistence allowance or other type of allowance, or any combination thereof. The word `service' as used in this Act to determine the amount of annuities or benefits due any beneficiary under the provisions of this Act, shall mean the total number of years in the aggregate actually served by a peace officer, computed from the date such peace officer began his service as a peace officer, except that no peace officer shall receive credit for any service performed after March 1, 1951, unless he has paid into the fund the amount required for such service. Peace officer defined.

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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 10, 1970. JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 895 (House Bill No. 1190). An Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, approved March 31, 1965 (Ga. L. 1965, p. 421), as amended by an Act approved March 16, 1966, (Ga. L. 1966, p. 539), and by an Act approved April 11, 1968, (Ga. L. 1968, p. 1387), so as to provide for coverage for the employees of the Jointly Owned Natural Gas Transmission Line; 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 creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, approved March 31, 1965, (Ga. L. 1965, p. 421), as amended by an Act approved March 16, 1966, (Ga. L. 1966, p. 539), and by an Act approved April 11, 1968, (Ga. L. 1968, p. 1387), is hereby amended by adding a new section to be known as Section 9b. and to read as follows: Section 9b. The Board is hereby empowered to establish a retirement plan, which may include death benefits and disability retirement benefits for the employees, as defined herein, of the Jointly Owned Natural Gas Transmission Line

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as established by contract by the cities of Perry, Warner Robins, Hawkinsville, and Cochran, and to implement such plan by contract with the Board of Trustees of the Jointly Owned Natural Gas Transmission Line. The Jointly Owned Natural Gas Transmission Line shall pay its respective portion of the administrative costs of the Board in administering the system. Powers. Such plan may make reasonable classifications of employees and provide for the integration of such plan with social security benefits. A plan enacted pursuant to this Section of this Act may provide for money purchase benefits or for fixed benefits, and such plan may provide for optional settlement benefits which are determined by the Board to be actuarially equivalent to the primary retirement benefit provided in the respective contract. Any contract between the Board and the Board of Trustees of the Jointly Owned Natural Gas Transmission Line which provides a fixed plan shall contain a provision that such fixed benefits are to be provided, to the extent fixed in such plan, by the Jointly Owned Natural Gas Transmission Line, and that the Board does not guarantee the fixed amount. Such plan may provide for death benefits and disability retirement benefits in addition to retirement benefits. Such plan may provide for the Jointly Owned Natural Gas Transmission Line to pay the total contribution on behalf of its employees or to provide that a portion, not to exceed fifty percent (50%) of the contribution, be deducted from the salaries of participating employees. The Jointly Owned Natural Gas Transmission Line shall not have a voting right as provided for municipal corporations under Section 5 of this Act and no employee of the Jointly Owned Natural Gas Transmission Line shall be eligible to serve on the Board. (1) The definition of `Member Municipality' in section 2(3) of this Act shall be interpreted to include the Jointly

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Owned Natural Gas Transmission Line, except with respect to Section 9. (2) The definition of `Employee' in Section 2(5) of this Act shall be interpreted to include any full-time salaried, or hourly-rated employee of the Jointly Owned Natural Gas Transmission Line. (3) The definition of `Participating Employee' in Section 2(6) of this Act shall be interpreted to include an employee of the Jointly Owned Natural Gas Transmission Line for whom contributions to the retirement system are being made under a contract. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1970. SUPERIOR COURTSTRAVEL EXPENSES OF JUDGES. Code 24-2612 Amended. No. 896 (House Bill No. 1207). An Act to amend Code section 24-2612, relating to the expenses of assigned judges, so as to provide for reimbursing judges of the superior court for expenses incurred while holding court in a judicial circuit other than the circuit in which such judges normally hold court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2612, relating to the expenses of assigned judges, is hereby amended by striking Code section 24-2612 in its entirety, and inserting in lieu thereof a new Code section 24-2612 to read as follows:

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24-2612. Expenses of superior court judges holding court in other judicial circuits. A judge of a superior court holding court in a county outside of the judicial circuit in which he was elected or appointed to hold court shall be entitled to receive, in addition to the compensation now provided by law, reimbursement for expenses incurred while holding court outside of his judicial circuit in the same amount and in the same manner as a judge of the superior court holding court in a county other than that of his residence, as provided by a resolution approved February 8, 1945 (Ga. L. 1945, p. 1199), as amended by a resolution approved April 9, 1963 (Ga. L. 1963, p. 415). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. SUPERIOR COURTSJUDGES EMERITUS. No. 897 (House Bill No. 1206). An Act to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, approved March 5, 1962 (Ga. L. 1962, p. 547), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 177), so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; to change the provision relating to the payment of expenses of judges emeritus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the duties and expenses of the judges emeritus of the superior courts, approved March 5,1962 (Ga. L. 1962, p. 547), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 177), is hereby amended by striking in section 1 the following:

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his judicial circuit or an adjoining circuit and inserting in lieu thereof the following: this State, so that when amended section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that a judge of the superior court in the State of Georgia may request in writing any judge emeritus of the superior court of this State to serve and preside in the superior court of any county in the judicial circuit of the superior court judge making such request. The judge of the superior court this requesting the services of a judge emeritus of the superior court shall specify therein the time, place and duration of such services and shall file a copy of said request or order in the office of the clerk of the superior court of the county in which such services are to be performed. Any judges emeritus of the superior court may serve in the superior courts when thus requested in accordance with said request, provided such judge emeritus deems that his services may be of assistance in the operation of said court. Where judges may serve. Section 2. Said Act is further amended by striking section 1A which reads as follows: Section 1A. Be it further enacted by the General Assembly of Georgia that any other provisions of this Act to the contrary notwithstanding, any judge of the superior court of any county in this State having a population of 500,000 or more according to the United States Decennial Census of 1960 or any future such census may request in writing any judge emeritus of the superior court of this State to serve and preside in the superior court of any such county of the judge making the request. The judge of the superior court thus requesting the services of a judge emeritus of the superior court shall specify therein the time, place and duration of such services and shall file a copy of said request or order in the office of the clerk of the superior

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court of the county in which such services are to be performed. Any judges emeritus of the superior court may serve in the superior courts when thus requested in accordance with said request, provided such judge emeritus deems that his services may be of assistance in the operation of said court. All judges emeritus of the superior courts are hereby authorized and empowered to serve and preside in the superior court of any such county when requested in writing by a superior court judge of any such county as herein provided, and while a judge emeritus of a superior court is thus serving and presiding in a superior court as herein provided, such judge emeritus shall discharge all of the duties and exercise all of the powers and authority of a judge of the superior court of such county., Repealed. in its entirety. Section 3. Said Act is further amended by striking from section 2 the following: the judicial circuit in which he formerly presided or any adjoining circuit and inserting in lieu thereof the following: any judicial circuit in this State so that when amended section 2 shall read as follows: Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that all judges emeritus of the superior courts are hereby authorized and empowered to serve and preside in the superior court of any judicial circuit in this State when requested in writing by a superior court judge of said circuit as herein provided, and while a judge emeritus of the superior court is thus serving and presiding in a superior court of Georgia as herein provided, judge emeritus shall discharge all of the duties and exericse all of the powers and authority of a judge of the superior court of said circuit. Request for judge to serve. Section 4. Said Act is further amended by striking in section 3 the following:

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not to exceed $25.00 per day and inserting in lieu thereof the following: in an amount set by the governing authority of the county in which the judge emeritus serves so that when amended section 3 shall read as follows: Section 3. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that it shall be the duty of all judges emeritus of the superior court to hear and determine any and all motions for a new trial and to certify any and all bills of exceptions in any and all cases tried by such judge emeritus as herein provided and in any and all cases tried by said judge while serving as judge of the superior court and before he was appointed judge emeritus and in the performance of his duties provided in this section, said judge emeritus is hereby granted the same authority and powers, exercised by the judges of the superior courts in reference to a motion for a new trial. It is further hereby enacted that if a judge emeritus is unable to perform the acts herein required, because of death or otherwise, then in that event, the same shall be performed by the presiding judge of the superior court of the county in which said case or cases was/were tried. It is further enacted that judges emeritus while serving as judges of the superior court as herein provided shall receive in addition to the salary provided by law, actual expenses in an amount set by the governing authority of the county in which the judge emeritus serves, and mileage at the same rate as other State employees, for such service, which shall be paid by the governing authority of the county in which the judge emeritus serves from funds provided for the operation of the superior courts upon a certificate by the judge emeritus as to the number of days served and expenses and mileage. Compensation. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970.

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GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT. No. 898 (House Bill No. 1208). An Act to establish the Georgia Peace Officer Standards and Training Council; to provide for its membership; to provide for the manner in which it shall conduct its business; to prescribe that Council members shall receive no salary, but shall be reimbursed for necessary expenses; to provide for a short title; to define certain terms; to prescribe the powers and functions of the Council; to provide for the administration of the policies and programs established by the Council; to establish minimum peace officer pre-employment standards; to establish minimum peace officer basic training standards; to provide the procedures connected therewith; to provide for the application of the provisions of this Act; to except certain peace officers; to provide for limitation on powers of persons not complying with the provisions of this Act; to except certain peace officers; 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. This bill shall be known as and may be cited as the Georgia Peace Officer Standards and Training Act. Short title. Section 2. As used in this Act, unless the context otherwise requires: (a) Candidate means a prospective peace officer, who has not yet been certified by the Council as having met the requirements of this Act. Definitions. (b) Council means Georgia Peace Officer Standards and Training Council. (c) Department Head means the head of any law enforcement unit.

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(d) Peace Officer means any officer or member of a law enforcement unit employed full time by the Department of Public Safety, a municipality or a county, who has the power of arrest, and who is responsible for the enforcing of criminal laws of this State or its political subdivisions; sheriffs and other Constitutional officers who hold elective office are not considered peace officers under the provisions of this Act. (e) Law Enforcement Unit means the officers of the Department of Public Safety, a police force or sheriff's office of a municipality or a county whose primary duty is detecting crime and enforcing the criminal laws of this State or its political subdivisions. (f) School is any school, college, university, academy, or training program approved by the Council which offers basic law enforcement training and includes within its meaning a combination of a course curriculum, instructors and facilities. Section 3. The Georgia Peace Officer Standards and Training Council is hereby established. The Council shall consist of fourteen voting members and two advisory members and shall be composed as follows: (a) The Attorney General of Georgia or his designee, the Director of the Georgia Department of Public Safety, the President of the Georgia Chiefs of Police Association, the President of the Georgia Sheriffs' Association, the President of the Georgia Municipal Association, the President of the Association County Commissioners of Georgia, and the President of the Peace Officers Association of Georgia shall be ex-officio members of the Council, as full voting members of the Council by reason of their office. Council. (b) Six members shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four year terms, two for three year terms, and two for two year terms. Appointments shall be made so that there are always on the Council the following persons who are appointed by the Governor:

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One chief of police, two municipal police officers other than a chief of police, one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he holds the office or employment by reason of which he was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. Any member may be appointed for additional terms. (c) The Superintendent of the Georgia Police Academy, the Director of the Institute of Law and Government of the University of Georgia, or his designee, and the Special Agent in Charge of the Atlanta Division of the Federal Bureau of Investigation, shall serve on the Council in an advisory capacity only, without voting privileges. (d) Membership on the Council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. Section 4. The business of the Council shall be conducted in the following manner: (a) The Council at its initial meeting, which shall be held promptly after the appointment of its members, shall elect a chairman, a vice-chairman, and a secretary-treasurer, from among its members who shall serve until the first meeting in the succeeding year. Thereafter, the chairman, vice-chairman and secretary-treasurer shall be elected at the first meeting of each calendar year. Duties. (b) Seven members of the Council shall constitute a quorum for the transaction of business. (c) The Council shall maintain minutes of its meetings and such other records as it deems necessary. (d) The Council shall report at least annually to the Governor and to the General Assembly as to its activities. Section 5. The members of the Council shall receive no salary but shall be reimbursed for their reasonable and

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necessary expenses actually incurred in the performance of their functions. Compensation. Section 6. The Council is vested with the following functions and powers. (a) To meet at such times and places as it may deem necessary; (b) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such service, facilities, studies and reports to the Council as well best assist it to carry out its duties and responsibilities; Powers, etc. (c) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the State government or its political subdivisions in the furtherance of the purposes of this Act; (d) To approve schools and to prescribe minimum qualifications for instructors at approved schools and to train instructors; (e) To determine whether a candidate has met the requirements of this Act and is qualified to be employed as a peace officer, and to issue a certificate to those so qualified; (f) To certify to the law enforcement unit of the candidate's successful completion of the course; (g) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; (h) To establish curriculum composing the basic training course; (i) To adopt in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), such rules and regulations as are necessary to carry out the purposes of this Act, including but not limited to, the following:

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(1) To prescribe forms to be used by the law enforcement units in obtaining data required on a candidate, e.g., personal history, medical history, doctor's certificate, training certificate, or other forms that the Council deems necessary for record-keeping purposes under this Act; (2) To establish administrative standards and procedures to be implemented by law enforcement units under this Act; (3) To establish the degree of proficiency a candidate much achieve to satisfactorily complete the training requirements under this Act. Section 7. The policies and programs of the Council shall be administered by the Department of Public Safety. The Council's staff, clerical and technical assistants and other personnel, supplies, material, equipment, and other articles necessary for the purposes of this Act, shall be provided by the Department of Public Safety. The funds necessary to carry out the provisions of this Act shall come from the funds appropriated to and available to the Department of Public Safety, and from any other available funds. The Council is hereby authorized to accept and use gifts, grants and donations for the purpose of carrying out the provisions of this Act. The Council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out the provisions of this Act. Administration of Act. Section 8. After the effective date of this Act, any person employed or certified as a peace officer shall: (a) Be at least twenty (20) years of age; Qualifications for peace officers. (b) Be a citizen of the United States; (c) Have a high school diploma or its recognized equivalent; (d) Not have been convicted, by any State or by the Federal Government, of any crime, the punishment for which could have been imprisonment in the federal or State prison or institution; nor shall he have been convicted of sufficient

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misdemeanors to establish a pattern of disregard for the law; (e) Be fingerprinted and a search made of local, State and national fingerprint files to disclose any criminal record; (f) Possess good moral character as determined by investigation under procedure established by the Council; (g) Have an oral interview with the hiring authority or his representative(s) to determine such things as applicant's appearance, background and ability to communicate; (h) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his exercising the powers or duties of a peace officer. Section 9. In addition to complying with the pre-employment standards as set forth above, each and every candidate shall satisfactorily complete at least a basic course of 114 hours of instruction, hereinafter, referred to as basic course, within twelve (12) months of the date of his appointment as a peace officer; however, an extension of the twelve (12) months time limit may be granted by the Council upon the presentation of evidence by a department head that a candidate was unable to complete the basic course due to illness, injury, military service, or other reasons deemed sufficient by the Council. Any such extension shall not exceed three months in duration. The Council shall have the authority to recognize instruction received by a candidate if, in the determination of the Council, such instruction is at least equivalent to that required by this Act. If such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act. Should any candidate fail to successfully complete the basic training requirements with the time specified in this Section, he shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed. Instruction.

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Section 10. The basic course shall be completed at the Georgia Police Academy or any other school approved by the Council which provides the courses as established by the Council, and shall include a basic Red Cross First Aid course consisting of ten hours. Same. Section 11. The provisions of this Act establish only the minimum qualification standards and training requirements for peace officers in this State; each law enforcement unit is encouraged to prescribed such additional requirements as it deems necessary and appropriate. Additional training. Section 12. Each law enforcement unit shall prepare duplicate records on any candidate or peace officer employed under the provisions of this Act as may be prescribed by the rules and regulations of the Council. One copy of the record shall be maintained in the headquarters of the law enforcement unit; the second copy shall be forwarded to the Council and shall be maintained at the Department of Public Safety. The contents of these records, except for court proceedings, shall be considered as confidential. Employment records. Section 13. None of the provisions of this Act shall apply to peace officers presently employed by law enforcement units in this State. A presently employed peace officer may choose to be certified under this Act, and if so the Council shall have the authority to recognize equivalent instruction received by the peace officer before the effective date of this Act; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act. After the effective date of this Act, no peace officer may be permanently employed, except as otherwise provided in this Act, by any law enforcement unit without certification from the Council that the candidate has met the requirements provided for in this Act. Presently employed peace officer. Section 14. The provisions of this Act shall not apply to emergency peace officers. Emergency Peace Officers shall mean any peace officers who are employed or appointed to act as peace officers during an emergency or disaster, which has been so declared by the chief executive officer of the State or of a municipality or county, and whose status as a

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peace officer is intended to be temporary and for that limited purpose. Emergency peace officers. Section 15. Any peace officer so employed who does not comply with the provisions of this Act shall not be authorized to exercise the powers of law enforcement officers, generally, and particularly shall not be authorized to exercise the power of arrest, and any arrest so made shall be deemed illegal, and any proceeding under it null and void. Failure to comply with Act. Section 16. This Act shall become effective on July 1, 1970. Effective date. Section 17. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase declared or adjudged invalid or unconstitutional were not originally a part thereof. Severability. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. QUALIFICATIONS OF REGISTERED PHARMACISTS. Code 79A-402 Amended. No. 900 (House Bill No. 1216). An Act to amend Code section 79A-402 relating to the qualifications of applicants for registration as a licensed pharmacist, so as to remove certain provisions relating to the type of practical experience required by an applicant; to authorize the Board to prescribe the type of practical experience required of an applicant; to provide an

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effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 79A-402 relating to the qualifications of applicants for registration as a licensed pharmacist is hereby amended by striking the first sentence of subsection d. which reads as follows: Have such practical experience as may be prescribed by the Board, while licensed as a pharmacy intern, as a regular fulltime employee in a drug store, pharmacy or apothecary, where physicians' prescriptions are compounded by licensed pharmacists registered under the laws of the State of his abode, such practical experience not to be concurrent with time spent in a school of pharmacy. and inserting in lieu thereof the following: Have such practical experience as may be prescribed by the Board: so that Code section 79A-402, when so amended, shall read as follows: Section 79A-402. No person shall be entitled to receive a license as a pharmacist unless he shall possess the following qualifications: a. Be a natural born or naturalized citizen of the United States; b. Be not less than twenty-one (21) years of age; c. Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the Board; d. Have such practical experience as may be prescribed by the Board: Provided, however, that any person who shall have been a student in a generally recognized school or college of pharmacy prior to July 1, 1967, shall be required to

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have only such practical experience as may have been required by law or the State Board of Pharmacy prior to that date; e. Has successfully passed an examination administered by the State Board of Pharmacy. 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 10, 1970. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 904 (House Bill No. 1226). 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 term earnable compensation shall include the compensation paid to a member by a member institution of the University System of Georgia from grants or contracts made by outside agencies with the member institution; to provide that earnable compensation derived from grants and contracts made by outside agencies with an employer (as defined) shall be subject to the employer contribution rate; to provide that the outside agencies supplying these grants or entering into the contracts shall pay the applicable employer contribution rate to the employer; to provide that the employer shall pay the employer contributions to the Board of Trustees; to provide a reduction of the allowance which a member shall receive upon service retirement in the case of the retirement of such member prior to his attainment of the age of 62 years; to change the provision relating to the method of computing the disability retirement allowance of certain members; to provide

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the procedure relative thereto; 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 to the end of subsection (13) of section 1 the following: `Earnable compensation' shall include compensation paid to a member by an employer as defined in subsection (4) of of section 1 from grants or contracts made by outside agencies with the employer., so that when so amended, subsection (13) of Section 1 shall read as follows: Subsection (13). `Earnable compensation' shall mean the full rate of regular compensation payable to a member teacher for his full normal working time; in cases where a compensation includes maintenance, the Board of Trustees shall fix the value of that part of the compensation not paid in money. All monies paid by a member into any plan of tax sheltered annuity shall be included as earnable compensation for the purpose of computing any contributions required to be made to the Teachers' Retirement System, and also for the purpose of computing any benefits or allowances payable under this Act. `Earnable compensation' shall include compensation paid to a member by an employer as defined in subsection (4) of Section 1 from grants or contracts made by outside agencies with the employer. Earnable compensation. Section 2. Said Act is further amended by adding to subparagraph (d) of subsection (2) of section 8 the following: The compensation of a member referred to herein shall include any compensation derived from grants and contracts made by outside agencies with an employer as defined in subsection (4) of section 1. Such compensation is subject to the employer contribution rate. The outside agencies supplying

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the grants or entering into the contracts shall pay the applicable employer contribution rate as set forth herein to the employer. The employer shall pay the employer contributions which are collected to the Board of Trustees., so that when so amended, subparagraph (d) of subsection (2) of section 8 shall read as follows: (d) In addition to the six (6) percent contribution of each member for an annuity savings fund as provided for in section 8, subsection (1) (a), that part of the cost for pensions under this retirement system which is to be borne by appropriation from the State, payable to the Board of Trustees, shall consist of the normal and accrued liability contributions based on the part of the earnable compensation of members payable from State teacher salary funds as provided by law, or from funds of the Board of Regents of the University System of Georgia, or from other funds of the State, at the rates provided in section 8, subsection (2) (a), and the balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates provided in section 8, subsection (2) (a), based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing members in its employ shall pay immediately such contributions to the Board of Trustees, to be credited to the pension accumulation fund. The compensation of a member referred to herein shall include any compensation derived from grants and contracts made by outside agencies with an employer as defined in subsection (4) of section 1. Such compensation is subject to the employer contribution rate. The outside agencies supplying the grants or entering into the contracts shall pay the applicable employer contributions rate as set forth herein to the employer. The employer shall pay the employer contribution which is collected to the Board of Trustees. Contributions. Section 3. Said Act is further amended by striking from paragraph (c) of subsection (2) of section 5 the figure 63 wherever the same appears and inserting in lieu thereof the

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figure 62, so that when so amended paragraph (c) of subsection (2) of section 5 shall read as follows: (c) In the case of the retirement of any member prior to his attainment of the age of 62 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any retirement benefits or allowances provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 8.50% of teachers' salaries. No funds shall be expended or paid as provided in this subsection until such time as the provisions of an amendatory Act approved March 6, 1962 (Ga. L. 1962, p. 666), as amended by a subsequent amendatory Act approved April 17, 1963 (Ga. L. 1963, p. 656), relative to providing a minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount. Retirement. Section 4. Said Act is further amended by striking from paragraph (b) of subsection (3) of section 5 the figure 65 wherever the same appears and inserting in lieu thereof the figure 62, so that when so amended paragraph (b) of subsection (3) of section 5 shall read as follows: (b) If the member has attained age 62, he shall receive a service retirement allowance as provided in subsection (2). Otherwise he shall receive a disability retirement allowance which shall consist of: (i) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement derived through the application of actuarial disability mortality tables approved by the Board of Trustees; and (ii) An annual pension computed under the formula provided in subsection (2), paragraph (b), but with no reduction for age less than 62 as provided in paragraph (c) of subsection (2). Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970.

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GUARDIAN AND WARDCUSTODY AND DISTRIBUTION OF FUNDS WHEN NO LEGAL GUARDIAN. Code 49-701 Amended. No. 905 (House Bill No. 1228). An Act to amend Code Section 49-701, relating to the distribution and custody of certain funds for minors and insane persons who have no guardian, as amended, particularly by an Act approved April 10, 1968 (Ga. L. 1968, p. 1363), so as to provide that executors and administrators may pay over to the ordinaries moneys belonging to missing heirs; to provide that the ordinaries shall be the depositories and custodians of such funds; to change the word opportionment to the word appointment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-701, relating to the distribution and custody of certain funds for minors and insane persons who have no guardian, as amended, particularly by an Act approved April 10, 1968 (Ga. L. 1968, p. 1363), is hereby amended by striking the word opportionment and inserting in lieu thereof the word appointment, and by adding at the end thereof the following. The several ordinaries shall also be the depositories for and custodians of all moneys, within the limitations provided above, of any heir of any estate who cannot be located by the executor or administrator so that such moneys may be distributed to such heir. Subject to the above provisions, any executor or administrator shall be authorized to pay over to the ordinary any such moneys, and the ordinary shall be authorized to take charge thereof as provided for herein., so that when so amended, Code section 49-701 shall read as follows:

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49-701. Custody and distribution when no legal guardian. The ordinaries of the several counties are hereby made and constituted the legal custodians and distributors of all moneys due and owing to any minor or insane person who has no legal and qualified guardian, and they are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source: Provided, that the amount due from all sources shall not exceed the amount of $2,500. Without any appointment or qualifying order, the ordinary is authorized to take charge of such money or funds for such minor or insane person by virtue of his office as ordinary in the county of the residence of such minor or insane person, and the certificate of such ordinary, that no legally qualified guardian has been so appointed and that the estate, from all sources, does not exceed the amount of $2,500, shall be conclusive and shall be sufficient authority to justify any debtor or debtors in making payment of moneys due as aforesaid, claims therefor having been made by such ordinary. The several ordinaries shall also be the depositories for and custodians of all moneys, within the limitations provided above, of any heir of any estate who cannot be located by the executor or administrator so that such moneys may be distributed to such heir. Subject to the above provisions, any executor or administrator shall be authorized to pay over to the ordinary any such moneys, and the ordinary shall be authorized to take charge thereof as provided for herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. INSURANCE AS PREREQUISITE TO ISSUANCE OF LICENSES TO FLUE CURED TOBACCO WAREHOUSES. No. 912 (House Bill No. 1238). An Act to amend an Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L.

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1960, p. 214), as amended, by an Act approved April 10, 1968 (Ga. L. 1968, p. 1242), so as to require each licensee to carry a standard fire and extended coverage insurance policy for the full value of the tobacco in his sales warehouse; to provide that such insurance coverage shall be approved in form by the State Insurance Commissioner and filed with the Director of the Warehouse Division of the State Department of Agriculture; to provide that such policy shall cover both firsthand and resale tobacco; to provide that the licensee shall furnish proof to the Commissioner that such insurance is in full force and effect for the marketing season for which the license is sought; to provide that any such insurance policy shall be endorsed so as to require notification to the Warehouse Division of the State Department of Agriculture by the insurance company at least ten (10) days prior to cancellation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, by an Act approved April 10, 1968 (Ga. L. 1968, p. 1242), 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. As a prerequisite to the issuance of a license under the provisions of this Act, each applicant shall furnish evidence to the Commissioner that he has in force a standard fire and extended coverage insurance policy for the full market value of the tobacco in his sales warehouse for the marketing season for which the license is sought. The insurance policy shall be written by an insurance company, of the warehouseman's choice, authorized to transact business in this State and such insurance coverage shall be approved in form by the State Insurance Commissioner and a copy of the insurance policy shall be filed with the Director of the Warehouse Division of the State Department of Agriculture. The policy shall cover both firsthand and resale tobacco. The insurance policy shall contain an endorsement requiring notification

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to the Director of the Warehouse Division of the State Department of Agriculture by the insurance company of their intention to cancel the policy at least ten (10) days prior to cancellation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. MOTOR CARRIER ACT AMENDEDCARRIERS OF POULTRY AND PROCESSED POULTRY. Code 68-502 Amended. No. 913 (House Bill No. 1240). An Act to amend Code section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 630), so as to provide that the term motor carrier shall not include motor vehicles engaged in the transportation of poultry and processed poultry; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 630), is hereby amended by inserting in paragraph 2 (a) of subsection (c) between the words peaches and or the following: or poultry and processed poultry,, so that when so amended, said paragraph shall read as follows:

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2 (a) Motor vehicles engaged in the transportation of peanuts in the shell and peaches, or poultry and processed poultry, or dry fertilizer, or flue cured tobacco or certain fresh vegetables as follows: cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and green peppers, whether such motor vehicles are owned by the producer or owner of such peanuts and peaches, or poultry and processed poultry, or dry fertilizer, or flue cured tobacco or the aforesaid fresh vegetables, or by any other person: Provided, such vehicles do not haul or transport other commodities not exempt by law from the regulations of the Public Service Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. PRACTICE AND PROCEDUREIDENTIFICATION OF MEDICAL BILLS, ETC. Code 38-706.1 Enacted. No. 926 (House Bill No. 1270). An Act to amend Code Chapter 38-7, relating to private writings as evidence, so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 38-7, relating to private writings as evidence, is hereby amended by adding a new Code Section between Code sections 38-706 and 38-707 to be designated Code section 38-706.1 and to read as follows:

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38-706.1 Competency to identify medical bills, etc. Upon the trial of any civil case involving injury or disease, the patient, or the member of his family or such other person responsible for the care of the patient, shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills; drug bills and similar bills for expenses incurred in the treatment of the patient upon a showing by such witness that such bills were received from a licensed practicing physician, hospital, ambulance service, pharmacy, drug store, or supplier of therapeutic or orthopedic devices, and that such expenses were incurred in connection with the treatment of the injury, disease or disability involved in the subject of litigation at trial. Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary; provided, however, that nothing herein shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. ACT SETTING REQUIREMENTS IN CONNECTION WITH BLASTING, ETC. NEAR UNDERGROUND GAS PIPES AMENDED. No. 937 (House Bill No. 1663). An Act to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities approved March 6, 1969 (Ga. L. 1969, p. 50), so as to provide certain additional definitions; to provide certain exceptions to the misdemeanor provisions of said Act; to provide certain exceptions to compliance with provisions of said Act if certain emergencies arise; 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 providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities approved March 6, 1969 (Ga. L. 1969, p. 50), is hereby amended by adding to subsection (i) of section 2 thereof a new sentence to read as follows: Such term, however, shall not include the removal of earth or other materials within the right-of-way of a public street, road, alley, or other thoroughfare, or within an easement or right-of-way parallel and adjacent thereto, for the purpose of installing utility poles., so that as thus amended subsection (i) of section 2 thereof shall read as follows: (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. Such term, however, shall not include the removal of earth or other materials within the right-of-way of a public street, road, alley, or other thoroughfare, or within an easement or right-of-way parallel and adjacent thereto, for the purpose of installing utility poles. Excavating defined. Section 2. Said Act is further amended by adding to section 2 thereof a new subsection (1) to read as follows: (1) `Utility poles' means those structures of wood or other material which do not require a foundation below grade and which are installed, owned and operated by persons engaged in furnishing electric or communication service to the public for the purpose of supporting wires, cables, and other equipment used in delivering such service. Utility poles defined. Section 3. Said Act is further amended by adding to section 9 thereof a new sentence to read as follows: The misdemeanor provision of this Act shall not apply to any person who shall commence, perform, or engage in

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blasting, or in excavating with mechanized excavating equipment, on any tract or parcel of land in any county in the State of Georgia if the gas company to whom is delivered a written notice respecting such blasting or excavating with mechanized equipment, as described in subsection (b) of section 5 of this Act, has failed to comply with the provisions of section 6 of this Act., so that as thus amended section 9 therefore shall read as follows: 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. The misdemeanor provision of this Act shall not apply to any person who shall commence, perform, or engage in blasting, or in excavating with mechanized equipment, on any tract or parcel of land in any county in the State of Georgia if the gas company to whom is delivered a written notice repecting such blasting or excavating with mechanized equipment, as described in subsection (b) of section 5 of this Act, has failed to comply with the provisions of section 6 of this Act. Crimes, exceptions. Section 4. Said Act is further amended by redesignating the existing sections 10, 11 and 12 thereof as sections 11, 12 and 13, respectively, and by adding a new section 10 thereof to read as follows: Section 10. In the event an emergency arises which presents an immediate and substantial danger to life, health or property, or requires the establishment or restoration of electric, communication or other essential public services, it shall be lawful for the person who undertakes to prevent such danger to life, health or property, or who is responsible for the establishment or restoration of such electric, communication or other essential public services, to engage in blasting, or in excavating with mechanized excavating equipment, for such purpose, without complying with the provisions of section 5 of this Act, provided that before commencing the same, or as soon thereafter as reasonably practicable, such person gives notice thereof to any gas

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company, who such person, in the exercise of reasonable judgment, believes may have gas pipes or other underground facilities within such proximity as to be affected by such blasting or excavating with mechanized excavating equipment. Emergencies. 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 March 10, 1970. WARNING DEVICES ON SLOW MOVING VEHICLES. No. 938 (Senate Bill No. 328). An Act to provide that certain slow-moving vehicles and equipment operated upon the public roads of this State shall be required to display certain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to operate upon the public roads of this State any slow-moving vehicle or equipment, any animal-drawn vehicle, or any machinery designed for use, and generally operated, at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery, except when engaged in actual construction or maintenance procedures, and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with section 2. Crimes.

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Section 2. The emblem required by section 1 of this Act shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers in the month of December, 1966, and contained within said Society's standard: ASAE S276.1 or an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red and orange paint. The effective date shall be January 1, 1971. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicle, at a height of 3 to 5 feet above the roadway, and shall be maintained at all times in a clean and reflective condition. Reflectors, etc. Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Punishment. Section 4. Nothing contained within this Act shall apply to any self-propelled two-wheel vehicle. Exceptions. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. INVESTMENTS BY EXECUTORS AND ADMINISTRATORS. Code 113-1518 Amended. No. 939 (Senate Bill No. 388). An Act to amend section 113-1518 of Chapter 113-15 of the Code of Georgia, as amended, relating to investments made by executors, administrators, guardians and trustees so as to clarify same and to provide that the authorities contained in said Code Section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue whether or not any new stock or

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securities received in exchange thereof are substantially equivalent to those originally held; and such authorities shall also apply to the continued retention of all new stock and securities received (resulting from merger, consolidation, stock dividends, splits, liquidations and similar procedures) by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue whether or not such new stock or securities are substantially equivalent to those originally received by such fiduciary, and shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company (and the continued retention of stock or securities, or both, of the holding company) which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether such holding company is newly formed or already existing and whether or not any of said corporations owns assets identical or similar to the assets of, or carries on businesses identical or similar to the corporation whose stock or securities were previously received by the fiduciary; and such authorities shall apply regardless of whether any of said corporations have officers, directors, employees, agents or trustees in common with such corporation whose stock or securities were previously received by the fiduciary; to provide that this Act is declaratory of existing law; to provide that the provisions of this Act are separately enacted; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 113-1518 of Chapter 113-15, relating to investments made by executors, administrators, guardians and trustees be, and the same is hereby, amended by adding at the end of said section the following paragraph: In the case of a corporate fiduciary the foregoing authorities shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authorities shall also apply to the continued

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retention of all new stock and securities received (resulting from merger, consolidation, stock dividends, splits, liquidations and similar procedures) by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not such new stock or securities are substantially equivalent to those originally received by such fiduciary. The foregoing authorities shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company (and the continued retention of stock or securities, or both, of the holding company) which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether such holding company is newly formed or already existing and whether or not any of said corporations owns assets identical or similar to the assets of, or carries on businesses identical or similar to, the corporation whose stock or securities were previously received by the fiduciary; and such authorities shall apply regardless of whether any of said corporations have officers, directors, employees, agents or trustees in common with such corporation whose stock or securities were previously received by the fiduciary. so that said Code section 113-1518 of Chapter 113-15 of the Code of Georgia as amended shall read as follows: 113-1518. Investment in State bonds and other securities; insured deposits; retention of property of estate. Executors and administrators may invest trust funds in bonds and other securities issued by this State, or by the [Regents] of the University System of Georgia, bearing a lower rate of interest than seven per cent per annum, and shall, in the settlement of their accounts on the funds so invested, be chargeable with no greater interest than that received from the State. Executors and administrators are also authorized to invest trust funds in the bonds or other obligations issued by the United States Government, and in the bonds of any corporation created by an Act of Congress, the bonds of which said corporation so created by the said Act of Congress are guaranteed by the United States Government. No person, firm, corporation, or association shall

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be liable to account for a greater rate of interest than the amount actually received on said investment. 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. Executors, administrators, guardians, and trustees are authorized, unless otherwise provided in the fiduciary instrument, to retain the property received by them on the creation of the estate guardianship or trust (including, in the case of a corporate fiduciary, stock or other securities of its own issue), even though such property may not otherwise be a legal investment, and shall not be liable for such retention, except for gross neglect. In the case of corporate securities, they may likewise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures (and they may exercise by purchase or otherwise any rights, warrants or conversion features attaching to any such securities). This Section shall apply to all such property held by such fiduciary on the effective date of this Section under estates or trusts previously created, except that it shall not relieve any such fiduciary from liability for loss which shall have already accrued on or before the effective date of this Section for losses that have already occurred. In the case of a corporate fiduciary the foregoing authorities shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authorities shall also apply to the continued retention of all new stock and securities received (resulting from merger, consolidation, stock dividends, splits, liquidations and similar procedures) by virtue of such conversion

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or exchange of stock or securities of the corporate fiduciary's own issue, whether or not such new stock or securities are substantially equivalent to those originally received by such fiduciary. The foregoing authorities shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company (and the continued retention of stock or securities, or both, of the holding company) which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether such holding company is newly formed or already existing and whether or not any of said corporations owns assets identical or similar to the assets of, or carries on businesses identical or similar to, the corporation whose stock or securities were previously received by the fiduciary; and such authorities shall apply regardless of whether any of said corporations have officers, directors, employees, agents or trustees in common with such corporation whose stock or securities were previously received by the fiduciary. Section 2. This Act is declaratory of existing law and is only intended to clarify same. The passage of this Act shall not create any implication that any change in existing law is effected. Intent. Section 3. The provisions of this Act are separately enacted, and it is the intention of the General Assembly of Georgia that if any one or more provisions or portions thereof, of this Act should for any reason be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder hereof. Severability. Section 4. This Act shall become effective immediately 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 March 10, 1970.

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WORKMEN'S COMPENSATION ACT AMENDEDEMPLOYEES OF STATE INSTRUMENTALITIES AND AUTHORITIES. Code 114-101 Amended. No. 940 (Senate Bill No. 420). An Act to amend Code section 114-101, relating to the definition of employer and employee, as amended, so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-101, relating to the definition of employer and employee, as amended, is hereby amended by adding between the word departments and the word thereof in the first paragraph of said Code section, the following: ,instrumentalities and authorities, so that the first paragraph of Code section 114-101, when so amended, shall read as follows: 114-101. `Employer' and `employee' defined. `Employer' shall include the State of Georgia and all departments, instrumentalities and authorities thereof, each county within the State, any municipal corporation within the State and any political division thereof, any individual, firm, association or corporation engaged in any business operated for gain or profit, except as hereinafter provided, and the receiver or trustee of the same, any electric membership corporation organized under Chapter 34A of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives, any telephone cooperative organized under Chapter 104-3, or other cooperative or nonprofit corporation engaged in furnishing telephone service, and the legal representative

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of a deceased employer, using the service of another for pay. If the employer is insured, this term shall include his insurer as far as applicable. 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 10, 1970. CRIMES DESIGNATED AS MISDEMEANORS OF A HIGH AND AGGRAVATED NATURE, ETC. Code Titles 26 and 27 Amended. No. 941 (Senate Bill No. 436). An Act to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combating organized crime; to provide a realistic method by which organized crimes may be controlled, contained and reduced; to distinguish certain crimes which are susceptible of intricate organization and which involve the moral tone of the State from other crimes; to characterize such crimes as misdemeanors of a high and aggravated nature; to define misdemeanor of a high and aggravated nature; to provide that the judge imposing the sentence shall retain jurisdiction during the term of the sentence to change or modify the sentence; to provide that any person convicted of a misdemeanor of a high and aggravated nature shall be entitled to only four days per month good time allowance; to provide that prostitution, pimping, keeping a place of prostitution and pandering shall be characterized as a misdemeanor of a high and aggravated nature; to provide that any person convicted of said offenses shall be punished as for a misdemeanor of a high and aggravated nature; to define certain types of organized

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prostitution and to provide penalties therefor; to provide that all forms of commercial gambling and related offenses shall be defined and characterized as a misdemeanor of a high and aggravated nature; to provide that the punishment for persons convicted of said offenses shall be as for a misdemeanor of a high and aggravated nature; 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. Code Title 26, relating to criminal law, as amended, is hereby amended by striking subsection (g) of Code section 26-401, relating to definitions, in its entirety and inserting in lieu thereof a new subsection (g) of said Code section to read as follows: (g) `Misdemeanor' and `Misdemeanor of a High and Aggravated Nature' mean any crime other than a felony. Code 26-401 amended. Section 2. Said Code Title 26 is further amended by striking Code section 26-2013, relating to pimping, in its entirety and inserting in lieu thereof a new Code section 26-2013 to read as follows: 26-2013. Pimping. A person commits pimping when he performs any of the following acts: (a) Offers or agrees to procure a prostitute for another; (b) Offers or agrees to arrange a meeting of persons for the purpose of prostitution; (c) Directs another to a place knowing such direction is for the purpose of prostitution; (d) Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; (e) Aids or abets, counsels or commands another in the Commission of prostitution, or who aids or asists in prostitution

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where the proceeds or profits derived therefrom are to be divided on a pro-rata basis. Section 3. Said Code Title 26 is further amended by striking Code section 26-2014, relating to keeping a place of prostitution, in its entirety and inserting in lieu thereof a new Code section 26-2014 to read as follows: 26-2014. Keeping a Place of Prostitution. A person having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution, commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution. Section 4. Said Code Title 26 is further amended by striking Code section 26-2015, relating to the punishment for certain enumerated offenses, in its entirety and inserting in lieu thereof a new Code section 26-2015 to read as follows: 26-2015. Punishment. A person convicted of any of the offenses enumerated in sections 26-2013 (a) (b) (c) (d) (e), 26-2014 and 26-2016 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in section 26-2012 shall be punished as for a misdemeanor. Section 5. Said Code Title 26 is further amended by striking Code section 26-2016, relating to pandering, in its entirety and inserting in lieu thereof a new Code section 26-2016 to read as follows: 26-2016. Pandering. A person commits pandering when he solicits a female to perform an act of prostitution, or when he knowingly assembles females at a fixed place for the purpose of being solicited by others to perform an act of prostitution. Section 6. Said Code Title 26 is further amended by striking Code section 26-2703, relating to commercial gambling, in its entirety and inserting in lieu thereof a new Code section 26-2703 to read as follows:

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26-2703. Commercial Gambling. A person commits commercial gambling when he intentionally does any of the following acts: (a) Operates or participates in the earnings of a gambling place; or (b) Receives, records, or forwards a bet or offer to bet; or (c) For gain, becomes a custodian of anything of value bet or offered to be bet; or (d) Contracts to have or give himself or another the option to buy or sell, or contracts to buy or sell, at a future time, any gain or other commodity whatsoever, or any stock or security of any company, when it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; or (e) Sells chances upon the partial or final result of or upon the margin of victory in any game or contest or upon the performance of any participant in any game or contest or upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or (f) Sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery. A person convicted of commercial gambling shall be punished as for a misdemeanor of a high and aggravated nature. Section 7. Said Code Title 26 is further amended by striking Code section 26-2704, relating to keeping a gambling

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place, in its entirety and inserting in lieu thereof a new Code section 26-2704 to read as follows: 26-2704. Keeping a Gambling Place. A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place, or who rents or lets any such property with a view or expectation that it be so used, commits keeping a gambling place. A person convicted of keeping a gambling place shall be punished as for a misdemeanor of a high and aggravated nature. Section 8. Said Code Title 26 is further amended by striking Code section 26-2705, relating to advertising commercial gambling, in its entirety and inserting in lieu thereof a new Code section 26-2705 to read as follows: 26-2705. Advertising Commercial Gambling. A person who knowingly prints, publishes, or advertises any lottery or other scheme for commercial gambling or who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device designed to serve as evidence of participation in a lottery commits advertising commercial gambling. A person convicted of advertising commercial gambling shall be punished as for a misdemeanor of a high and aggravated nature. Section 9. Said Code Title 26 is further amended by striking Code section 26-2707, relating to possession of gambling devices or equipment, in its entirety and inserting in lieu thereof a new Code section 26-2707 to 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 of a high and aggravated nature.

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Section 10. Code Title 27, relating to criminal law, as amended, is hereby amended by adding at the end of Code section 27-2506, relating to the punishment for misdemeanors, the following paragraph: A person convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00, or by confinement for a specific term not to exceed twelve (12) months or by both. Code 27-2506 amended. Section 11. Said Code Title 27 is further amended by adding a new Code section to be designated Code section 27-2506.1, relating to the execution of punishment of a misdemeanor of a high and aggravated nature, to read as follows 27-2506.1. One convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county public works camp, or such other places as counties may provide for maintenance of county prisoners for a term not to exceed twelve (12) months, either a fine or confinement or both. In all cases of a conviction of a misdemeanor of a high and aggravated nature the sentencing court shall retain jurisdiction to amend, modify, alter, suspend or probate sentences imposed hereunder at any time, but in no instance shall a sentence imposed under this section be modified in such a manner as to increase the amount of fine or the term of confinement, or to place a county prisoner under the jurisdiction of the State Board of Corrections. A person sentenced for a misdemeanor of a high and aggravated nature shall be entitled to only four days per month good time allowance. Code 27-2506.1 enacted. Section 12. 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

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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 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 March 10, 1970. SALE OF FARM TRACTORS REGULATED. No. 942 (Senate Bill No. 488). An Act to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain conditions; to provide for said conditions; to provide for definitions; to provide for a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, unless the context clearly requires otherwise, the folowing words or phrases shall have the meanings indicated: (a) Person means a natural person, firm, copartnership, association or corporation. Definitions. (b) Farm tractor means any self-propelled vehicle having more than 15 horsepower designed and used primarily as a farm implement for drawing plows, mowing machine and other implement of husbandry. (c) Dealer means a person engaged in buying, selling, trading or exchanging farm tractors who has an established place of business in this State.

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(d) Serial number means the number or letters, or both, placed on a farm tractor, by stamping thereon or by affixing a plate thereto, by the manufacturer for the purpose of identifying said tractor. (e) Certificate of origin means the evidence of origin of title of a farm tractor from the manufacturer which shall show the following information: (1) The name and the address of the manufacturer; (2) The serial number of the farm tractor; and (3) The year, make and model of the farm tractor. Section 2. It shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after July 1, 1970, unless: (a) The original serial number is stamped upon or affixed to the farm tractor; and Crimes. (b) The certificate of origin is presented to the purchaser of said farm tractor, or to the person who otherwise receives the farm tractor through an exchange or trade with the dealer, at the time the sale, trade or exchange is completed. Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Punishment. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1970. GEORGIA PROFESSIONAL CORPORATION ACT. No. 943 (Senate Bill No. 389). An Act to create the Georgia Professional Corporation Act; to define certain terms; to authorize certain persons licensed

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to practice a profession to practice such profession as a professional corporation; to provide the circumstances under which a professional corporation may practice a profession; to provide who may own stock in such a corporation; to provide for the disposition of the stock of a deceased or retired stockholder; to provide for the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Georgia Professional Corporation Act. Section 2. Definitions. As used in this Act, unless the context otherwise requires, the definitions contained in the Georgia Business Corporation Code apply, and: (a) Profession means the profession of certified public accountancy, architecture, chiropractic, dentistry, professional engineering, land surveying, law, applied psychology, medicine and surgery, optometry, osteopathy, podiatry, or veterinary medicine. (b) Professional corporation means a corporation organized under the Georgia Business Corporation Code which has elected to become subject to this Act. (c) Licensed includes registered, certified, admitted to practice, or otherwise legally authorized under the laws of this State by the appropriate Regulating Board. (d) Regulating Board means any board, commission, court or governmental authority which, under the laws of this State, is charged with the licensing, registration, certification, admission to practice or other legal authorization of the practitioners of any profession. Section 3. Election and application. A person or a group of persons licensed to practice a profession in this State may elect to practice as a professional corporation by

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complying with the provisions of this Act, irrespective of any law now prohibiting the practice of the profession by a corporation. The Articles of Incorporation of a professional corporation shall be filed, and the professional corporation shall be organized, under the Georgia Business Corporation Code, including the payment of the prescribed fees and costs. The Articles shall state that the purpose of the corporation is to practice the profession named in the Articles and that the corporation elects to be governed by the provisions of this Act. Any corporation organized under the general corporation laws of this State or any professional association organized under Chapter 84-43, Ga. Code Ann., may elect to be governed by the provisions of this Act by amending its Articles of Association so as to make such election and so as to comply with the other requirements of this Act and with the laws applicable to corporations generally in this State which are not inconsistent with the express provisions of this Act. A professional corporation, and the shareholders of the corporation in their capacity as shareholders, shall enjoy the rights, privileges and immunities and shall be subject to the obligations and liabilities of other corporations organized for profit under the Georgia Business Corporation Code and those of the shareholders of such corporations except as changed, restricted, or enlarged by the provisions of this Act. Professional associations organized under Chapter 84-43, Ga. Code Ann., are expressly authorized to continue to perform professional services pursuant to the provisions of Chapter 84-43, Ga. Code Ann., without electing to comply with the provisions of this Act. Section 4. Professional services. (a) A professional corporation may practice only one profession, but for the purpose of this Act, the practice of architecture, professional engineering and land surveying shall be considered the practice of only one profession to the extent that existing laws permit overlapping practices by members of those specific professions, not inconsistent with the ethics of the professions involved. (b) A professional corporation shall engage in the practice of a profession only through its officers, employees and agents who are duly licensed or otherwise legally authorized

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to practice the profession in this State. This restriction shall not, however, prevent the corporation from employing unlicensed persons in capacities in which they are not rendering professional services to the public in the course of their employment. (c) At least one member of the board of directors and the president of a professional corporation shall be licensed to practice the profession for which the corporation is organized. If the governing board of a professional corporation includes persons not so licensed, the corporation shall, by creation of a standing committee of the board or otherwise, vest the responsibility for decisions relating wholly to professional considerations in persons who are so licensed. Section 5. Stock. (a) Shares in a professional corporation may only be issued to, held by, or transferred to a person who is licensed to practice the profession for which the corporation is organized and who, unless disabled, is actively engaged in such practice, except as otherwise permitted under this section 5. Each stock certificate shall be appropriately endorsed disclosing this restriction and stating that shares standing in the name of a disqualified or retired person, or in the name of the personal representative of a deceased person, except during the holding period provided in this Section, are void. (b) Shares in a professional corporation shall be voted by the holder of record or by another shareholder in the same corporation in accordance with a proxy or an agreement providing for the voting of the shares. (c) Shares in a professional corporation held by a deceased or retired shareholder shall, within six months after the date of death or retirement of such shareholder, be either redeemed or cancelled by the corporation or transferred to a person or persons authorized to hold the shares. The shares held by a shareholder who becomes legally disqualified from practicing the profession for which the corporation is organized shall be so redeemed, cancelled or transferred within ninety days after the disqualification becomes final. In the absence of an article or bylaw provision

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or an agreement providing for the redemption or transfer of such shares, or if the shares are not redeemed or transferred pursuant to such a provision or agreement within the required period of time, the corporation is authorized to and shall cancel the shares on its books at the termination of the required period. If valuation and payment terms are not fixed under such an existing provision or agreement and are not agreed upon either prior to or at any time after the termination of the required period, the fair value of the redeemed or cancelled shares shall be determined and paid in the same manner as if the personal representative of the deceased shareholder, or the retired or disqualified shareholder, were a shareholder entitled to valuation and payment for his shares under section 22-1202 (g), Ga. Code Ann. after failure to agree on valuation under section 22-1202 (d), Ga. Code Ann. The personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall not be authorized at any time to participate in or vote on any matter concerning the rendering of professional services by the corporation. Upon the actual transfer or redemption or the termination of the required holding period, whichever first occurs, the personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall cease to be a holder of record for all purposes and shall deliver the share certificates to the purchaser or to the corporation with any required endorsement. (d) If a professional corporation at any time ceases to have a shareholder licensed or otherwise authorized to practice, and actually practicing, the profession for which the corporation is organized, or if a professional corporation does not redeem, cancel or transfer the shares of a disqualified, retired or deceased person in accordance with this section 5, the corporation shall cease to be a professional corporation and shall operate as a corporation for profit organized under the Georgia Business Corporation Code of this State for the sole purpose of liquidation. The corporation may at any time after it ceases to be a professional corporation change its purpose by amending its Articles. Section 6. Name. The name of a professional corporation shall satisfy the requirements of section 22-301, Ga.

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Code Ann., provided, however, that, in lieu of the use of a word or abbreviation as required by subsections (a) (1) of such Section, the word associated, the phrase professional association, or the phrase professional corporation or an abbreviation of any of them may be used. Professional associations established pursuant to Chapter 84-43, Ga. Code Ann. shall have 120 days from the effective date of this Act to secure a name certificate from the Secretary of State to protect the existing name of such professional association in accordance with section 22-302, Ga. Code Ann. before such name shall be available to any other person or group of persons electing to practice as a professional corporation under Section 3 of this Act. Section 7. Professional and legal relationship. Nothing contained in this Act shall limit the authority and duty of any Regulating Board to regulate the several professions including the right to establish and enforce standards of practice, and nothing contained in this Act shall change the law or existing standards applicable to the relationship between the person furnishing a professional service and the person receiving such service including, but not by way of limitation, the rules of privileged communication and the contract, tort and other legal liabilities and professional relationships between such persons. Section 8. Should any provisions of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of this Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Severability. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Section 10. The provisions of this Act shall become effective immediately upon its approval by the Governor, or its otherwise becoming law. Effective date. Approved March 11, 1970.

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JUDGE OF SUPERIOR COURTS EMERITUS ACT AMENDED. No. 944 (House Bill No. 1077). An Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 275), so as to change the time by which certain superior court judges must exercise their option to have their widows receive certain benefits in the event of their death; to provide that certain other superior court judges shall have said option and for the exercise of said option within a certain time; to provide that superior court judges exercising such option do not have to be holding office as a superior court judge at the time of their appointment as judge emeritus; to provide that within a specified time limitation any superior court judge who had elected to have his widow receive certain benefits to which he would have been entitled had he lived and been appointed to the office of superior court judge emeritus may rescind said action and be reimbursed for any contributions, less certain deductions, which he had made toward the funding of such benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 275), is hereby amended by striking the first paragraph of subsection (a) of section 10A in its entirety and substituting in lieu thereof a new paragraph to read as follows: Any superior court judge holding office on the effective date of this Act, shall have the option, which must be exercised, if at all, by not later than July 1, 1970, of electing to have his widow receive for the remainder of her life, upon

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his death, a benefit which shall be equal to the emeritus salary he would have received, except as otherwise provided in subsection (c) of this section, had he lived and been appointed Superior Court Judge Emeritus, subject to the following conditions:. Widows' benefits. Section 2. Said Act is further amended by redesignating subsection (b) of section 10A as subsection (c) and by adding a new subsection to section 10A to be designated subsection (b) and to read as follows: (b) Any person becoming a superior court judge after June 30, 1968, who will be eligible for appointment as Superior Court Judge Emeritus pursuant to the provisions of section 8 of the Trial Judges and Solicitors Retirement Fund Act,' approved March 11, 1968 (Ga. L. 1968, p. 259), shall have the option provided in subsection (a) of this section, which must be exercised, if at all, within 60 days after becoming a superior court judge. All requirements and other provisions of this section shall apply to any judge exercising the option provided for in this subsection. Same. Section 3. Said Act is further amended by adding at the end of section 10A a new subsection to be designated subsection (d) and to read as follows: (d) No provision of this Act shall be construed so as to require any superior court judge exercising the option provided by this section to be holding office as a superior court judge in order to be eligible for appointment as judge emeritus, and, if otherwise qualified in accordance with the applicable provisions of this Act, any such judge shall be entitled to be appointed judge emeritus, subject to the requirements of this section, whether or not he is holding office at the time of his appointment. Appointment as judge emeritus. Section 4. Such Act is further amended by adding between sections 10A and 11 a new section, to be designated section 10B, and to read as follows: Section 10B. Any Superior Court Judge who has elected to exercise the option provided for in section 10A of this

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Act shall have until July 1, 1970, to rescind said action and to withdraw from the program of benefits provided for in said section. In the event any Superior Court Judge shall elect to rescind such action, he shall notify the trustees of the Fund, in writing, prior to July 1, 1970. If such action shall be rescinded, there shall be refunded to any such judge all contributions which he has made toward the program of benefits provided for in section 10A, less any administrative costs and expenses incurred by the Fund, and less any costs and expenses for any accrued benefits enjoyed by any such Superior Court Judge during his participation in said program prior to his withdrawal therefrom. Withdrawal from program. 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 March 11, 1970. LONG COUNTY SUPERIOR COURTTERMS. No. 948 (House Bill No. 1311). An Act to change the terms of the Superior Court of Long County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Superior Court of Long County shall convene on the first Monday in March and on the third Monday in August of each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Upon the recommendation of the judge and solicitor of the superior court and the Long County jurymen, I will

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introduce legislation in the General Assembly session of 1970; and seek passage thereof, to change the September Term of the Superior Court of Long County from the First Monday in September (Labor Day Holiday) to the Third Monday in August. Dewey Rush Representative, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of notice of intention to introduce local legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 1, 8, 15, 1970. /s/ Dewey D. Rush Representative, 51st District Sworn to and subscribed before me, this 28th day of January, 1970. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal) Approved March 12, 1970. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDHOSPITALS AND HOSPITAL AUTHORITIES. No. 952 (House Bill No. 1321). An Act to amend an Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by

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an Act approved March 1, 1960 (Ga. L. 1960, p. 153), and by an Act approved March 17, 1960 (Ga. L. 1960, p. 940), so as to change the provisions relating to credits and exemptions of hospitals and hospital authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, p. 153), and by an Act approved March 17, 1960 (Ga. L. 1960, p. 940), is hereby amended by striking section 13A which reads as follows: Section 13A. A use tax credit shall be allowed to any hospital organization operating in this State which is supported by public funds, administered by a board or committee made up in whole or in part by public officials in their capacities as public officials, or by persons appointed by public officials in their capacities as public officials, and which represents an effort on the part of the State, or any county, or municipality; or a combination thereof, to perform a public hospitalization function to the following extent: At the end of such hospital's fiscal year, a credit shall be computed which shall be that portion of the sales and use tax paid during such fiscal year by such hospital organization as the contributions made from public funds by any municipality, or county, or the State, or the Federal Government, or any combination thereof, to the operating expenses and equipment purchases of such hospital organization bears to the total operating expenses and equipment purchases of such hospital organization for such fiscal year. Such credit shall be allowed such hospital organization against its sales and use tax liability for succeeding taxable periods until exhausted but such credit shall not bear interest and shall not be the basis for a claim or refund. Repealed. Section 2. Said Act is further amended by striking section 3(c) 2(d) in its entirety and inserting in lieu thereof a new section 3(c) 2(d) to read as follows:

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(d) Sales to the United States of America, the State of Georgia, any county or municipality of said State, or any hospital authority created by Chapter 88-18 of the Code of Georgia. Hospitals. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1970. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDSALES OF WATER. No. 953 (House Bill No. 1322). An Act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved April 1, 1967 (Ga. L. 1967, p. 283), so as to clarify the exemption relating to sales of water; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved April 1, 1967 (Ga. L. 1967, p. 283), is hereby amended by striking section 3 (c) 2 (f) in its entirety and inserting in lieu thereof the following: (f) The tax levied by this Act shall not apply to the sale of water delivered to consumers through water mains, lines or pipes, but not including mineral water or carbonated water, or any water put up in bottles, jugs or other containers, all of which are not exempted. Water. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1970.

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COBB JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYS. No. 977 (House Bill No. 1443). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 9, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 213), so as to change the maximum compensation which may be paid to assistant district attorneys; to provide that the first assistant district attorney shall be entitled to compensation in excess of a certain sum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 9, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 213), is hereby amended by striking section 4B in its entirety and inserting in lieu thereof 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 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 $17,000.00 per annum. Provided, however, only the first assistant district attorney shall be paid more than $14,000.00. 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

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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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly convening in January, 1970, to amend an Act creating the Cobb Judicial Circuit approved February 19, 1951 (Ga. L. 1951, p. 184) and the Acts amendatory thereof as applied to the District Attorney's office and for other purposes. Joe Mack Wilson Jack Henderson Representatives, Cobb County Georgia, Fulton County; Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson 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 9, 16, 23, 1970. /s/ Joe Mack Wilson Representative, 117th District Sworn to and subscribed before me, this 3rd day of February, 1970. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal) Approved March 12, 1970.

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INSURANCE HOLDING COMPANY SYSTEMS. Code Chapter 56-34 Enacted. No. 980 (House Bill No. 1453). An Act to amend Code Title 56, relating to insurance, as amended, so as to provide for the regulation of insurance holding company systems; to define the term insurance holding company systems and certain other terms; to provide for subsidiaries of insurers; to provide for acquisition of control of or mergers with domestic insurers; to provide for registration of insurers; to provide for standards; to provide for examinations; to provide for confidential treatment; to provide for rules and regulations; to provide for injunctions; to provide for prohibitions against voting securities; to provide for sequestration of voting securities; to provide for crimes, criminal proceedings, and punishments; to provide for receiverships; to provide for revocation, suspension, or non-renewal of insurers' licenses; to provide for judicial review; to provide for mandamus; to provide for all matters relative to the foregoing; to provide for an effective date; to provide for 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. Code Title 56, relating to insurance, as amended, is hereby amended by inserting following Code Chapter 56-33 a new chapter, to be known as Chapter 56-34, to read as follows: Section 56-3401. Definitions. As used in this Chapter, the following terms shall have the respective meanings hereinafter set forth, unless the context shall otherwise require: (a) Affiliate. An `affiliate' of, or person `affiliated' with, a specific person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.

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(b) Commissioner. The term `Commissioner' shall mean the Insurance Commissioner, his deputies, or the Insurance Department, as appropriate. (c) Control. The term `control' (including the terms `controlling', `controlled by' and `under common control with') means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or non-management services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, ten (10) percent or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided by Section 4 (i) that control does not exist in fact. The Commissioner may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect. (d) Insurance Holding Company System. An `insurance holding company system' consists of two or more affiliated persons, one or more of which is an insurer. (e) Insurer. The term `insurer' shall have the same meaning as set forth in Code Section 56-103, except that it shall not include (1) agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state, (2) fraternal benefit societies, or (3) non-profit medical and hospital service associations. (f) Person. A `person' is an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but shall not

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include any securities broker performing no more than the usual and customary broker's function. (g) Securityholder. A `securityholder' of a specified person is one who owns any security of such person, including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing. (h) Subsidiary. A `subsidiary' of a specified person is an affiliate controlled by such person directly, or indirectly through one or more intermediaries. (i) Voting Security. The term `voting security' shall include any security convertible into or evidencing a right to acquire a voting security. Section 56-3402. Subsidiaries of Insurers. (a) Authorization. Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries. Such subsidiaries may conduct any kind of business or businesses permitted by the Constitution and laws of this State and their authority to do so shall not be limited by reason of the fact that they are subsidiaries of a domestic insurer. (b) Additional Investment Authority. In addition to investments in common stock, preferred stock, debt obligations and other securities permitted under all other sections of this Title, a domestic insurer may also: (i) invest, in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries, amounts which do not exceed the lesser of five (5) percent of such insurer's assets or fifty (50) percent of such insurer's surplus as regards policyholders, provided that after such investments the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. In calculating the amount of such investments, there shall be included (A) total net monies or other consideration expended

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and obligations assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of such subsidiary whether or not represented by the purchase of capital stock or issuance of other securities, and (B) all amounts expended in acquiring additional common stock, preferred stock, debt obligations, and other securities and all contributions to the capital or surplus, of a subsidiary subsequent to its acquisition or formation; (ii) if the insurer's total liabilities, as calculated for National Association of Insurance Commissioners annual statement purposes, are less than ten (10) percent of assets, invest any amount in common stock, preferred stock, debt obligations, and other securities of one or more subsidiaries, provided that after such investment the insurer's surplus as regards policyholders, considering such investment as if it were a disallowed asset, will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs; (iii) invest any amount in common stock, preferred stock, debt obligations and other securities of one or more subsidiaries provided that each such subsidiary agrees to limit its investments in any asset so that such investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in paragraph (i) or in Code Chapter 56-10 applicable to the insurer. For the purpose of this paragraph, `the total investment of the insurer' shall include (1) any direct investment by the insurer in an asset and (2) the insurer's proportionate share of any investment in an asset by any subsidiary of the insurer, which shall be calculated by multiplying the amount of the subsidiary's investment by the percentage of the insurer's ownership of such subsidiary; (iv) with the approval of the Commissioner, invest any amount in common stock, preferred stock, debt obligations or other securities of one or more subsidiaries, provided that after such investment the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding

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liabilities and adequate to its financial needs; and (v) invest any amount in the common stock, preferred stock, debt obligations, or other securities of any subsidiary exclusively engaged in holding title to or holding title to and managing or developing real or personal property, if after considering as a disallowed asset so much of the investment as is represented by subsidiary assets which if held directly by the insurer would be considered as a disallowed asset, the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, and if following such investment all voting securities of such subsidiary would be owned by the insurer. (c) Exemption from Investment Restrictions. Investments in common stock, preferred stock, debt obligations or other securities of subsidiaries made pursuant to subsection (b) hereof shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in this Title applicable to such investments of insurers. (d) Qualification of Investment: When Determined. Whether any investment pursuant to subsection (b) meets the applicable requirements thereof is to be determined immediately after such investment is made, taking into account the then outstanding principal balance on all previous investments in debt obligations, and the value of all previous investments in equity securities as of the date they were made. (e) Cessation of Control. If an insurer ceases to control a subsidiary, it shall dispose of any investment therein made pursuant to this Section within three (3) years from the time of the cessation of control or within such further time as the Commissioner may prescribe, unless at any time after such investment shall have been made, such investment shall have met the requirements for investment under any other section of this Title, and the insurer has notified the Commissioner thereof. Section 56-3403. Acquisition of Control of or Merger with Domestic Insurer. (a) Filing Requirements. No person

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other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if, after the consummation thereof, such person would, directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of such insurer, and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer unless, at the time any such offer, request, or invitation is made or any such agreement is entered into, or prior to the acquisition of such securities if no offer or agreement is involved, such person has filed with the Commissioner and has sent to such insurer, and such insurer has sent to its shareholders, a statement containing the information required by this section and such offer, request, invitation, agreement or acquisition has been approved by the Commissioner in the manner hereinafter prescribed. (1) For purposes of this section: a domestic insurer shall include any other person controlling a domestic insurer unless such other person is either directly or through its affiliates primarily engaged in business other than the business of insurance. (b) Content of Statement. The statement to be filed with the Commissioner hereunder shall be made under oath or affirmation and shall contain the following information: (1) The name and address of each person by whom or on whose behalf the merger or other acquisition of control referred to in subsection (a) is to be effected (hereinafter called `acquiring party'), and (i) if such person is an individual, his principal occupation and all offices and positions held during the past five years, and any conviction of crimes other than minor traffic violations during the past ten years; (ii) if such person is not an individual, a report of the nature of its business operations during the past five years

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or for such lesser periods as such person and any predecessors thereof shall have been in existence; an informative description of the business intended to be done by such person and such person's subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of such person, or who perform or will perform functions appropriate to such positions. Such list shall include for each such individual the information required by subparagraph (i) of this paragraph. (2) The source, nature and amount of the consideration used or to be used in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for any such purpose, and the identity of persons furnishing such consideration, provided, however, that where a source of such consideration is a loan made in the lender's ordinary course of business, the identity of the lender shall remain confidential, if the person filing such statement so requests. (3) Fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding five fiscal years of each such acquiring party (or for such lesser period as such acquiring party and any predecessors thereof shall have been in existence), and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement. (4) Any plans or proposals which each acquiring party may have to liquidate such insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management. (5) The number of shares of any security referred to in subsection (a) which each acquiring party proposes to acquire, and the terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (a), and a statement as to the method by which the fairness of the proposal was arrived at. (6) The amount of each class of any security referred to in subsection (a) which is beneficially owned or concerning

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which there is a right to acquire beneficial ownership by each acquiring party. (7) A full description of any contracts, arrangements or understandings with respect to any security referred to in subsection (a) in which any acquiring party is involved, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies. Such description shall identify the persons with whom such contracts, arrangements or understandings have been entered into. (8) A description of the purchase of any security referred to in subsection (a) during the twelve (12) calendar months preceding the filing of the statement, by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid therefor. (9) A description of any recommendations to purchase any security referred to in subsection (a) made during the twelve (12) calendar months preceding the filing of the statement, by any acquiring party, or by anyone based upon interviews or at the suggestion of such acquiring party. (10) Copies of all tender offers for, requests or invitations for tenders of exchange offers for, and agreements to acquire or exchange any securities referred to in subsection (a), and (if distributed) of additional soliciting material relating thereto. (11) The terms of any agreement, contract or understanding made with any broker-dealer as to solicitation of securities referred to in subsection (a) for tender, and the amount of any fees, commissions or other compensation to be paid to broker-dealers with regard thereto. (12) Such additional information as the Commissioner may by rule or regulation prescribe as necessary or appropriate for the protection of policyholders and securityholders of the insurer or in the public interest.

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If the person required to file the statement referred to in subsection (a) is a partnership, limited partnership, syndicate or other group, the Commissioner may require that the information called for by paragraphs (1) through (12) shall be given with respect to each partner of such partnership or limited partnership, each member of such syndicate or group, and each person who controls such partner or member. If any such partner, member or person is a corporation or the person required to file the statement referred to in subsection (a) is a corporation, the Commissioner may require that the information called for by paragraphs (1) through (12) shall be given with respect to such corporation, each officer and director of such corporation, and each person who is directly or indirectly the beneficial owner of more than ten (10) percent of the outstanding voting securities of such corporation. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to such insurer pursuant to this section, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the Commissioner and sent to such insurer within two business days after the person learns of such change. Such insurer shall send such amendment to its shareholders. (c) Alternate Filing Materials. If any offer, request, invitation, agreement or acquisition referred to in subsection (a) is proposed to be made by means of a registration statement under the Securities Act of 1933 or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934, or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in subsection (a) may utilize such documents in furnishing the information called for by that statement. (d) Approval by Commissioner; Hearings. (1) The Commissioner shall approve any merger or other acquisition of control referred to in subsection (a) unless, after a public hearing thereon, he finds that:

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(i) After the change of control the domestic insurer referred to in subsection (a) would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed; (ii) the effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in this State or tend to create a monopoly therein; (iii) the financial condition of any acquiring party is such as might jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders or the interests of any remaining securityholders who are unaffiliated with such acquiring party. (iv) the terms of the offer, request, invitation, agreement or acquisition referred to in subsection (a) are unfair and unreasonable to the securityholders of the insurer; (v) the plans or proposals which the acquiring party has to liquidate the insurer, sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management, are unfair and unreasonable to policyholders of the insurer and not in the public interest; or (vi) the competence, experience and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer and of the public to permit the merger or other acquisition of control. (2) The public hearing referred to in paragraph (1) shall be held within 30 days after the statement required by subsection (a) is filed, and at least 20 days' notice thereof shall be given by the Commissioner to the person filing the statement. Not less than 7 days' notice of such public hearing shall be given by the person filing the statement to the insurer and to such other persons as may be designated by the Commissioner. The insurer shall give such notice to its securityholders. The Commissioner shall make a determination within 30 days after the conclusion of such hearing. At

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such hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected thereby shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments and in connection therewith shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the Superior Courts of this State. All discovery proceedings shall be concluded not later than 3 days prior to the commencement of the public hearing. (e) Mailings to Shareholders; Payment of Expenses. All statements, amendments, or other material filed pursuant to subsection (a) or (b), and all notices of public hearings held pursuant to subsection (d), shall be mailed by the insurer to its shareholders within five business days after the insurer has received such statements, amendments, other material, or notices. The expenses of mailing shall be borne by the person making the filing. As security for the payment of such expenses, such person shall file with the Commissioner an acceptable bond or other deposit in an amount to be determined by the Commissioner. (f) Exemptions. The provisions of this section shall not apply to: (i) Any offers, requests, invitations, agreements or acquisitions by the person referred to in subsection (a) of any voting security referred to in subsection (a) which, immediately prior to the consummation of such offer, request, invitation, agreement or acquisition, was not issued and outstanding; (ii) Any offer, request, invitation, agreement or acquisition which the Commissioner by order shall exempt therefrom as (1) not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer, or (2) as otherwise not comprehended within the purposes of this Section. (g) Violations. The following shall be violations of this Section:

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(i) The failure to file any statement, amendment, or other material required to be filed pursuant to subsection (a) or (b); or (ii) the effectuation or any attempt to effectuate an acquisition of control of, or merger with, a domestic insurer unless the Commissioner has given his approval thereto. (h) Jurisdiction; Consent to Service of Process. The courts of this State are hereby vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this State who files a statement with the Commissioner under this section, and over all actions involving such person arising out of violations of this section, and each such person shall be deemed to have performed acts equivalent to and constituting an appointment by such a person of the Commissioner to be his true and lawful attorney upon whom may be served all lawful process in any action, suit or proceeding arising out of violations of this section. Copies of all such lawful process shall be served on the Commissioner and transmitted by registered or certified mail by the Commissioner to such person at his last known address. Section 56-3404. Registration of Insurers. (a) Registration. Every insurer which is authorized to do business in this State and which is a member of an insurance holding company system shall register with the Commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained in this section. Any insurer which is subject to registration under this section shall register within sixty (60) days after the effective date of this Chapter or fifteen (15) days after it becomes subject to registration, whichever is later, unless the Commissioner for good cause shown extends the time for registration, and then within such extended time. The Commissioner may require any authorized insurer which is a member of a holding company system which is not subject to registration under this section to furnish a copy of the registration statement or other information filed by such insurance company with the insurance regulatory authority of its domiciliary jurisdiction.

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(b) Information and Form Required. Every insurer subject to registration shall file a registration statement on a form provided by the Commissioner, which shall contain current information about: (i) the capital structure, general financial condition, ownership and management of the insurer and any person controlling the insurer; (ii) the identity of every member of the insurance holding company system; (iii) the following agreements in force, relationships subsisting, and transactions currently outstanding between such insurer and its affiliates: (1) loans, other investments, or purchases, sales or exchanges of the affiliates by the insurer or of the insurer by its affiliates; (2) purchases, sales, or exchanges of assets; (3) transactions not in the ordinary course of business; (4) guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability, other than insurance contracts entered into in the ordinary course of the insurer's business; (5) all management and service contracts and all costsharing arrangements, other than cost allocation arrangements based upon generally accepted accounting principles; and (6) reinsurance agreements covering all or substantially all of one or more lines of insurance of the ceding company. (iv) other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the Commissioner.

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(c) Materiality. No information need be disclosed on the registration statement filed pursuant to Section 56-3404 (b) if such information is not material for the purposes of this Section. Unless the Commissioner by rule, regulation or order provides otherwise, sales, purchases, exchanges, loans or extensions of credit, or investments, involving one-half of 1% or less of an insurer's admitted assets as of the 31st day of December next preceding shall not be deemed material for purposes of this Section. (d) Amendments to Registration Statements. Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the Commissioner within fifteen (15) days after the end of the month in which it learns of each such change or addition; provided, however, that subject to subsection (c) of Section 56-3405, each registered insurer shall so report all dividends and other distributions to shareholders within two business days following the declaration thereof. (e) Termination of Registration. The Commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system. (f) Consolidated Filing. The Commissioner may require or allow two or more affiliated insurers subject to registration hereunder to file a consolidated registration statement or consolidated reports amending their consolidated registration statement or their individual registration statements. (g) Alternative Registration. The Commissioner may allow an insurer which is authorized to do business in this State and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under subsection (a) and to file all information and material required to be filed under this Section. (h) Exemptions. The provisions of this Section shall not apply to any insurer, information or transaction if and to

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the extent that the Commissioner by rule, regulation, or order shall exempt the same from the provisions of this Section. (i) Disclaimer. Any person may file with the Commissioner a disclaimer of affiliation with any authorized insurer or such a disclaimer may be filed by such insurer or any member of an insurance holding company system. The disclaimer shall fully disclose all material relationships and bases for affiliation between such persons and such insurer as well as the basis for disclaiming such affiliation. After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under this Section which may arise out of the insurer's relationship with such person unless and until the Commissioner disallows such a disclaimer. The Commissioner shall disallow such a disclaimer only after furnishing all parties in interest with notice and opportunity to be heard after making specific findings of fact to support such disallowance. (j) Violations. The failure to file a registration statement or any amendment thereto required by this Section within the time specified for such filing shall be a violation of this Section. Section 56-3405. Standards. (a) Transactions with Affiliates. Material transactions by registered insurers with their affiliates shall be subject to the following standards: (1) the terms shall be fair and reasonable; (2) the books, accounts and records of each party shall be so maintained as to clearly and accurately disclose the precise nature and details of the transactions; and (3) the insurer's surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. (b) Adequacy of Surplus. For the purposes of this Chapter, in determining whether an insurer's surplus as regards

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policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered: (1) the size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria; (2) the extent to which the insurer's business is diversified among the several lines of inrsurance; (3) the number and size of risks insured in each line of business; (4) the extent of the geographical dispersion of the insurer's insured risks; (5) the nature and extent of the insurer's reinsurance program; (6) the quality, diversification, and liquidity of the insurer's investment portfolio; (7) the recent past and projected future trend in the size of the insurer's surplus as regards policyholders; (8) the surplus as regards policyholders maintained by other comparable insurers; (9) the adequacy of the insurer's reserves; and (10) the quality and liquidity of investments in subsidiaries made pursuant to Section 56-3403. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus as regards policyholders whenever in his judgment such investment so warrants. (c) Dividends and Other Distributions. No insurer subject to registration under Section 56-3406 shall pay any extraordinary dividend or make any other

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extraordinary distribution to its shareholders until (i) 30 days after the Commissioner has received notice of the declaration thereof and has not within such period disapproved such payment, or (ii) the Commissioner shall have approved such payment within such 30 day period. For purposes of this Section, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the greater of (i) 10% of such insurer's surplus as regards policyholders as of the thirty-first day of December next preceding, or (ii) the net gain from operations of such insurer, if such insurer is a life insurer, or the net investment income, if such insurer is not a life insurer, for the twelve month period ending the thirty-first day of December next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner's approval thereof, and such a declaration shall confer no rights upon shareholders until (i) the Commissioner has approved the payment of such dividend or distribution or (ii) the Commissioner has not disapproved such payment within the 30 day period referred to above. Section 56-3406. Examination. (a) Power of Commissioner. Subject to the limitation contained in this Section and in addition to the powers which the Commissioner has under this Title relating to the examination of insurers, the Commissioner shall also have the power to order any insurer registered under Section 56-3404 to produce such records, books, or other information papers in the possession of the insurer or its affiliates as shall be necessary to ascertain the financial condition or legality of conduct of such insurer. In the event such insurer fails to comply with such order, the Commissioner shall have the power to examine such affiliates to obtain such information.

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(b) Purpose and Limitation of Examination. The Commissioner shall exercise his power under subsection (a) above only if the examination of the insurer under other Chapters of this Title is inadequate or the interests of the policyholders of such insurer may be adversely affected. (c) Use of Consultants. The Commissioner may retain at the registered insurer's expense such attorneys, actuaries, accountants and other experts not otherwise a part of the Commissioner's staff as shall be reasonably necessary to assist in the conduct of the examination under subsection (a) above. Any persons so retained shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity. (d) Expenses. Each registered insurer producing for examination records, books and papers pursuant to subsection (a) above shall be liable for and shall pay the expense of such examination in accordance with Code Section 56-212. Section 56-3407. Confidential Treatment. All information, documents and copies thereof obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to Section 56-3406 and all information reported pursuant to Section 56-3404, shall be given confidential treatment and shall not be subject to subpoena and shall not be made public by the Commissioner or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer and its affiliates who would be affected thereby, notice and opportunity to be heard, determines that the interests of policyholders, shareholders or the public will be served by the publication thereof, in which event he may publish all or any part thereof in such manner as he may deem appropriate. Section 56-3408. Rules and Regulations. The Commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary to carry out the provisions of this Chapter.

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Section 56-3409. Injunctions; Prohibitions Against Voting Securities; Sequestration of Voting Securities. (a) Injunctions. Whenever is appears to the Commissioner that any insurer or any director, officer, employee or agent thereof has committed or is about to commit violation of this Chapter or of any rule, regulation, or order issued by the Commissioner hereunder, the Commissioner may supply to the Superior Court of the county in which the principal office of the insurer is located or if such insurer has no such office in this State then to the Superior Court of Fulton County for an order enjoining such insurer or such director, officer, employee or agent thereof from violating or continuing to violate this Chapter or any such rule, regulation or order, and for such other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors and shareholders or the public may require. (b) Voting of Securities; When Prohibited. No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this Chapter or of any rule, regulation or order issued by the Commissioner hereunder may be voted at any shareholders' meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding; but no action taken at any such meeting shall be invalidated by the voting of such securities, unless the action would materially affect control of the insurer or unless the courts of this State have so ordered. If an insurer or the Commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this Chapter or of any rule, regulation or order issued by the Commissioner hereunder the insurer or the Commissioner may apply to the Superior Court of Fulton County or to the Superior Court of the county in which the insurer has its principal place of business to enjoin any offer, request, invitation, agreement or acquisition made in contravention of Section 56-3405 or any rule, regulation, or order issued by the Commissioner thereunder to enjoin the voting of any security so acquired, to void any vote of such

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security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors and shareholders or the public may require. (c) Sequestration of Voting Securities. In any case where a person has acquired or is proposing to acquire any voting securities in violation of this Chapter or any rule, regulation or order issued by the Commissioner hereunder, the Superior Court of Fulton County or the Superior Court of the county in which the insurer has its principal place of business may, on such notice as the court deems appropriate, upon the application of the insurer or the Commissioner seize or sequester any voting securities of the insurer owned directly or indirectly by such person, and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this Chapter. Notwithstanding any other provisions of law, for the purposes of this Chapter the situs of the ownership of the securities of domestic insurers shall be deemed to be in this State. Section 56-3410. Criminal Proceedings. Whenever it appears to the Commissioner that any insurer or any director, officer, employee or agent thereof has committed a willful violation of this Chapter, the Commissioner may cause criminal proceedings to be instituted by the Superior Court of the county in which the principal office of the insurer is located or if such insurer has no such office in the State, then by the Superior Court of Fulton County against such insurer or the responsible director, officer, employee or agent thereof. Any insurer which willfully violates this Chapter may be fined not more than $10,000.00 dollars. Any individual who willfully violates this Chapter may be fined not more than $1,000.00 dollars or, if such willful violation involves the deliberate perpetration of a fraud upon the Commissioner, imprisoned not more than two years or both. Section 56-3411. Receivership. Whenever it appears to the Commissioner that any person has committed a violation of this Chapter which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the

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further transaction of business by it hazardous to its policyholders, creditors, shareholders or the public, then the Commissioner may proceed as provided in Chapter 56-14 to take possession of the property of such domestic insurer and to conduct the business thereof. Section 56-3412. Revocation, Suspension, or Non-Renewal of Insurer's License. Whenever it appears to the Commissioner that any person has committeed a violation of this Chapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the Commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke or refuse to renew such insurer's license or authority to do business in this State for such period as he finds is required for the protection of policyholders or the public. Any such determination shall be accompanied by specific findings of fact and conclusions of law. Section 56-3413. Judicial Review; Mandamus.(a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this Chapter may appeal therefrom to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, except that if all parties, including the Commissioner, so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating. (b) The filing of an appeal pursuant to this Section shall stay the application of any such rule, regulation, order or other action of the Commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public. (c) Any person aggrieved by any failure of the Commissioner to act or make a determination required by this Chapter may petition the Superior Court of Fulton County for a

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writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make such determination forthwith. Section 56-3414. If any section or provision of this Chapter or the application of such section or provision to any person or circumstance is held invalid, the remainder of the Chapter, or the application of the section or provision to other circumstances shall not be affected thereby. Severability. Section 2. This Act shall become effective on July 1, 1970. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1970. REVENUERETURN OF PROPERTY FOR AD VALOREM TAXATION Code 92-6202.1 Amended. No. 981 (House Bill No. 1456). An Act to amend Code section 92-6202.1 relating to the automatic return of property for taxation and claiming certain exemptions, so as to include within the provisions thereof personal property exemptions; 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 92-6202.1 relating to the automatic return of property for taxation and claiming certain exemptions, is hereby amended by adding between the words exemption and as as they appear in the first sentence thereof the following:

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and personal property exemption, so that when so amended said Code section shall 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 and personal property exemption as allowed in the preceding year. Any penalty which is 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. 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 12, 1970. GEORGIA MOTOR TRANSPORT STUDY COMMITTEE. No. 114 (House Resolution No. 739-1590). A Resolution. Creating the Georgia Motor Transport Study Committee; and for other purposes.

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Whereas, the transportation of both persons and goods by motor vehicle is controlled both by statute and regulation concerning rates, types and sizes of vehicles, maximum weights, speed limits and other factors on which the efficiency of such transport depends; and Whereas, the careful study by qualified persons of the need for changes in any of the statutes or regulations can provide invaluable advice to the General Assembly of Georgia; and Whereas, it is necessary to the continued economic growth of the state that Georgia keep abreast of its sister states in adapting to modern methods of transportation by motor vehicle. Be it further resolved that the Committee shall be authorized and requested to study matters relating to possible improvements in the commercial transportation of persons and goods by motor vehicle, including, but not limited to, the use of motor vehicle equipment utilized in other states but not now permitted by statute in Georgia, such as twin trailer trucking combinations of certain size. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Georgia Motor Transport Study Committee to be composed of the Chairman, the Vice Chairman and the Secretary of the Motor Vehicles Committee of the House of Representatives, the Chairman, the Vice Chairman and the Secretary of the Public Utilities and Transportation Committee of the Senate, the Director of the Department of Public Safety, the Director of the State Highway Department, and the Director of the Department of Industry and Trade. For the purpose of calling the organizational meeting of the Committee, the Chairman of the Motor Vehicles Committee of the House of Representatives shall serve as Temporary Chairman. The Committee at its first meeting shall elect a Chairman and such other officers as the Committee considers advisable. Be it further resolved that the Legislative Members of the Committee shall receive the expenses and travel allowances

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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 funds of their respective departments, for actual and necessary expenses incurred by them in carrying out their duties as members of the Committee. The reimbursement to non-legislative members of the Committee for any travel expenses shall be at the rate provided by law for employees of the State. The Committee shall make a report of its findings and recommendations to the 1971 Session of the General Assembly at which time it shall stand abolished. Approved March 12, 1970. MOTOR VEHICLESTRANSFER OF LICENSES AND TAGS. No. 1000 (Senate Bill No. 217). An Act to amend an Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, so as to require the payment of a fee of one ($1.00) dollar for the transfer of licenses and tags of motor vehicles from one person to another, and to authorize county tax agents making said transfers to retain fifty (50) cents of each fee of one ($1.00) dollar collected; to provide that such funds shall be turned in to the county treasury on a monthly basis to be made a part of the general funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, is hereby amended by striking the first paragraph of subsection (19) of section 4 in its entirety

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and inserting in lieu thereof a new first paragraph of subsection (19) of section 4, to read as follows: (19) The annual fees paid for the licensing of the operation of the said vehicle or vehicles, and the licenses and tags issued therefor, shall be transferable from one person to another, upon payment of a fee of one ($1.00) dollar for the said transfer, and upon preparation and filing of an appropriate application therefor. The local Tax Commissioners shall retain fifty (50) cents of each one ($1.00) dollar collected as a fee for the transfer of a motor vehicle license and tag. Such fees and commissions shall be turned in to the county treasury on a monthly basis to be made a part of the general funds. Fees, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1970. INSURANCEFAIR ACCESS TO INSURANCE REQUIREMENTS PLAN ACT. No. 1001 (Senate Bill No. 222). An Act relating to establishment of a FAIR Plan to make essential property insurance available to all qualified applicants; to provide for an underwriting association of property insurers; to enable insurers to become eligible for federal reinsurance; to provide for a Riot Reinsurance Reimbursement Fund; to provide generally for the operation of such plan, the association and the Fund, and conferring certain powers on the Commissioner of Insurance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Organization of FAIR Plan and Underwriting Association. All insurers licensed to write and writing

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property insurance in this State on a direct basis are authorized, subject to approval and regulation by the Commissioner of Insurance, to establish and maintain a FAIR (Fair Access to Insurance Requirements) Plan and to establish and maintain an Underwriting Association and to formulate and from time to time amend the Plan and Articles of Association and rules and regulations in connection therewith and to assess and share on a fair and equitable basis all expenses, income and losses incident to such FAIR Plan and Underwriting Association in a manner consistent with the provisions of this Chapter and in conformity with the Urban Property Protection and Reinsurance Act of 1968 (Title XI of Housing and Urban Development Act of 1968, Public Law 90-448, 90th Congress, August 1, 1968). Section 2. Participation. Each insurer authorized to write and writing property insurance in this State shall be required to become and remain a member of the Plan and the Underwriting Association and comply with the requirements thereof as a condition of its authority to transact property insurance business. (a) Each Insurer shall participate in the writings, expenses, profits and losses of the Association in the following manner: (1) for Habitational risks, the same proportion as its Habitational Premiums Written bear to the aggregate Habitational Premiums Written by all Insurers in the Program; (2) for Commercial risks, the same proportion as its Commercial Premiums Written bear to the aggregate Commercial Premiums Written by all Insurers in the Program. Section 3. Requirements of Plan and Authority of Association. The FAIR Plan and Articles of Association shall make provision for an Underwriting Association having authority on behalf of its members to cause to be issued property insurance policies, to reinsure in whole or in part any such policies, and to cede any such reinsurance. The Plan and Articles of Association shall provide, among other

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things, for the perils to be covered, geographical area of coverage, compensation and commissions, assessments of members, the sharing of expenses, income and losses on an equitable basis, cumulative weighted voting for the Board of Directors of the Association, the administration of the Plan and Association, and any other matter necessary or convenient for the purpose of assuring fair access to insurance requirements, provided the same permits each member insurer thereof to qualify for Federal reinsurance under the Urban Property Protection and Reinsurance Act of 1968. Section 4. Authority of Commissioner. (a) Within ninety days following the effective date of this Chapter, the directors of the Association shall submit to the Commissioner of Insurance, for his review, a proposed FAIR Plan and Articles of Association consistent with the provisions of this Chapter. (b) The FAIR Plan and Articles of Association shall be subject to approval by the Commissioner and shall take effect ten days after having been approved by him. If the Commissioner disapproves all or any part of the proposed Plan and Articles, the directors of the Association shall within thirty days submit for review an appropriately revised Plan and Articles, and, if the directors fail to do so, the Commissioner shall thereafter promulgate such Plan and Articles consistent with the provisions of this Chapter. (c) The directors of the Association may, on their own initiative or at the request of the Commissioner, amend the Plan and Articles, subject to approval by the Commissioner. Section 5. AppealsJudicial Review. Any person aggrieved by any action or decision of the administrators of the Plan, the Underwriting Association, or of any insurer as a result of its participation therein, may appeal to the Commissioner of Insurance within 30 days from the date of the action or the decision. The Commissioner of Insurance shall, after hearing held upon proper notice, issue an order approving the action or decision or disapproving the action or decision with respect to the matter which is the subject of

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appeal. All final orders and decisions of the Commissioner of Insurance shall be subject to judicial review. Section 6. Inspections and Statements. There shall be no liability on the part of, and no cause of action of any nature shall arise against insurers, any inspection bureau, placement facility, or underwriting association, or their directors, agents or employees, or the Commissioner of Insurance or his authorized representatives, for any inspections undertaken or statements made by any of them concerning the property to be insured, and any reports and communications in connection therewith shall not be considered public documents. Section 7. Riot Reinsurance Reimbursement Fund. (a) A fund designated Riot Reinsurance Reimbursement Fund is hereby established in an amout of $1,000.00, to be set apart and maintained for the Commissioner of Insurance from taxes and fees imposed upon and collected from insurers, which Fund shall be held by the State Treasurer for the payment of amounts necessary to reimburse the Secretary of the Department of Housing and Urban Development under the provisions of Section 1223 (a) (1) of the Urban Property Protection and Reinsurance Act of 1968 for losses reinsured by the Secretary of the Department of Housing and Urban Development and occurring in this State on or after August 1, 1968. Payments from the Riot Reinsurance Fund shall be made by the State Treasurer only after receipt by him of a statement requesting reimbursement from the Secretary of the Department of Housing and Urban Development and upon certification promptly made by the Commissioner of Insurance of the correctness of the amount thereof. Provided that the total amount of reimbursement in any one year shall not, in the aggregate, exceed five (5) percent of the aggregate property insurance premiums earned in this State during the preceding calendar year on those lines of insurance reinsured by the Secretary of the Department of Housing and Urban Development in this State during the current year. (b) If such Fund as established by subsection (a) of this Section is diminished or depleted by such payments, the

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Commissioner of Insurance shall annually assess insurers authorized to do business in this State in amounts sufficient to pay any unpaid reimbursement to the Secretary of the Department of Housing and Urban Development and to restore the Fund to its original balance. Provided that the amount assessed each insurer shall be in the same proportion that the premiums earned by each such insurer in this State bear to the aggregate premiums earned in this State by all insurance companies on those lines for which reinsurance was available in this State from the Secretary of the Department of Housing and Urban Development during the preceding calendar year. Section 8. AssessmentInability to Pay. In the event any insurer fails, by reason of insolvency, to pay any assessment as provided herein, the amount assessed each insurer, as computed under Section 7(b) shall be immediately recalculated excluding therefrom the insolvent insurer so that its assessment is, in effect, assumed and redistributed among the remaining insurers. Section 9. Deposit of Assessments. All moneys received by the Commissioner of Insurance as a result of the assessments required by this Chapter shall be deposited in the Riot Reinsurance Reimbursement Fund for amounts payable, if any, to the Secretary of the Department of Housing and Urban Development in the manner provided under Section 7 of this Chapter. Section 10. TerminationOutstanding Obligations. This Act shall no longer be of any force or affect after December 31, 1974, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968, whichever shall first occur, except that obligations incurred by the Association to be established pursuant to the provision of this Chapter shall not be impaired by the expiration of this Act and such Association shall be continued for the purpose of performing such obligations. Section 11. Recoupment by Insurers. In conformity with the provisions of Chapter 56-5 of the Code of Georgia, insurers may make reasonable rate modifications for fire

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and extended coverage and such other classes of basic property insurance as are reinsured by the Secretary of Housing and Urban Development in order to afford recovery of such amounts as may be assessed, if any, together with expenses of collection. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1970. SUPERVISOR OF PURCHASESAUTHORITY TO PERMIT PRIVATE PURCHASES. No. 1002 (Senate Bill No. 372). An Act to amend an Act relating to the duties of the Supervisor of Purchases, approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the duties of the Supervisor of Purchases, approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, is hereby amended by adding a new subsection at the end of section 8 to be designated subsection (d) and to read as follows: (d) The Supervisor of Purchases is hereby authorized to permit departments, institutions and agencies of State Government to purchase supplies, materials and equipment on confirmation if these individual purchases do not exceed

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$100.00, and if these supplies, material and equipment are not under contract or purchased on a continuing basis. The Supervisor of Purchases may regulate the dollar limit of these individual purchases by official memorandum at any amount not to exceed $100.00. The Supervisor of Purchases shall promulgate the rules and regulations necessary to carry out the intent of this subsection. Nothing in this subsection shall apply to or affect the laws, rules and regulations governing emergency purchases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1970. COLQUITT COUNTY SUPERIOR COURTTERMS. No. 1005 (House Bill No. 1172). An Act to fix the terms of the Superior Court of Colquitt 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 Colquitt County shall commence on the first Mondays in January, April, July and October. 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 12, 1970.

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GWINNETT JUDICIAL CIRCUITCOURT PERSONNEL. No. 1013 (House Bill No. 1537). An Act to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), and by an Act approved March 4, 1969 (Ga. L. 1969, p. 48), so as to change the compensation of the secretary and investigator of the district attorney; to provide for a court reporter for said circuit, and to provide his powers, duties, and compensation of the court reporter; to change the compensament of services of said court reporter; to change the compensation of the court reporte; to change the compensation of the judge's secretary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, approved February 12, 1960 (Ga. L. 1960, p. 119), as amended, particularly by an Act approved March 22, 1967 (Ga. L. 1967, p. 122), and by an Act approved March 4, 1969 (Ga. L. 1969, p. 48), is hereby amended by striking from the last sentence of section 2 the symbol and figure $350.00 and substituting thereof $550.00. Section 2. Said Act is further amended by striking from subsection (a) of section 2A the symbol and figure $7,500.00 and substituting in lieu thereof $9,000.00. Section 3. Said Act is further amended by striking in its entirety section 5A and substituting in lieu thereof a new section 5A to read as follows: Section 5A. (1) The judge of said court shall be authorized to employ and engage a full-time court reporter and shall be authorized to enter into negotiations to provide such

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services for the court and to fix the compensation of such court reporter in a sum not to exceed six hundred ($600.00) dollars per month. The compensation provided herein shall be in lieu of per diem provided by law and for the services of reporting cases in said Court. The compensation provided herein shall be paid by the governing authority of Gwinnett County and shall be deemed an expense of the operation of the superior court. Court reporter. (2) The official court reporter of the superior court shall, upon the order of the court, be paid, in addition to the above-stated compensation, compensation for the preparation of criminal trial transcripts in the superior court and the civil criminal court of said county at the rate provided by law, and said compensation shall be paid by the governing authority having charge of the fiscal affairs of Gwinnett County. Copy thereof may be obtained by any party or parties at their expense; provided, however, when the copies are requested by any State or County officer, the copy shall be furnished at actual cost of the duplication, and when duplicated by the officer, a copy shall be furnished without expense. Section 4. Said Act is further amended by striking from section 5B the words and figure four hundred ($400.00) dollars and substituting in lieu thereof the following: six hundred ($600.00) dollars, so that when so amended, section 5B shall read as follows: Section 5B. The judge of said court is authorized to employ the service of a full-time secretary and fix the compensation of such secretary in an amount not to exceed six hundred ($600.00) dollars per month. The compensation of such secretary shall be an expense of the court and shall be paid by the governing authority of Gwinnett County. Secretary. Section 5. 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.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Take notice that there will be introduced at the 1970 Session of the General Assembly of Georgia a Bill to change the compensation of the secretary of the judge of the Superior Court of Gwinnett County; to change the provisions for the court reporter, the salary therefor, and other provisions relating thereto; to repeal conflicting laws and for other purposes. Gwinnett County Bar Association Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: December 26, 1969 and January 2, 9, 1970. /s/ James D. Mason Representative, 13th District Sworn to and subscribed before me this 9th day of February, 1970. ary, 1970. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9. 1971. (Seal). Approved March 13, 1970.

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OCONEE JUDICIAL CIRCUITCOURT REPORTER. No. 1033 (House Bill No. 1601). An Act to repeal 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664); 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664), is hereby repealed in its entirety. Prior Acts repealed. 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 1970 Session of the General Assembly of Georgia, a bill to repeal 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 her 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664); and for other purposes.

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This 16th day of January, 1970. Frank P. Holder, Jr. Representative, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank P. Holder, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates: January 21, 28 and February 4, 1970. /s/ Frank P. Holder, Jr. Representative, 49th District Sworn to and subscribed before me this 10th day of February, 1970. /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 1970 Session of the General Assembly of Georgia, a bill to repeal 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 her 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664); and for other purposes.

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This 16th day of January, 1970. Frank P. Holder, Jr. Representative, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank P. Holder, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates: January 22, 29, and February 5, 1970. /s/ Frank P. Holder, Jr. Representative, 49th District Sworn to and subscibed before me this 10th day of February, 1970. /s/ Pamela A. Little Notary Public, Georgia, State at Large. By 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 1970 Session of the General Assembly of Georgia, a bill to repeal 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 her 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664); and for other purposes.

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This 16th day of January, 1970. Frank P. Holder, Jr. Representative, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank P. Holder, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 23, 30 and February 6, 1970. /s/ Frank P. Holder, Jr. Representative, 49th District Sworn to and subscribed before me this 10th day of February, 1970. /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 1970 Session of the General Assembly of Georgia, a bill to repeal 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 her 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664); and for other purposes.

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This 16th day of January, 1970. Frank P. Holder, Jr. Representative, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank P. Holder, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 23, 30, 1970 and February 6, 1970. /s/ Frank P. Holder, Jr. Representative, 49th District Sworn to and subscribed befor me this 10th day of February, 1970. /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 1970 Session of the General Assembly of Georgia, a bill to repeal 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 her 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664); and for other purposes.

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This 16th day of January, 1970. Frank P. Holder, Jr. Representative, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank P. Holder, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Times-Journal which is the official organ of Dodge County, on the following dates: January 21, 28 and February 4, 1970. /s/ Frank P. Holder, Jr. Representative, 49th District Sworn to and subscribed before me this 10th day of February, 1970. /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 1970 Session of the General Assembly of Georgia, a bill to repeal 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 her 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), and an Act approved April 25, 1969 (Ga. L. 1969, p. 664); and for other purposes.

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This 16th day of January, 1970. Frank P. Holder, Jr. Representative, 49th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank P. Holder, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: January 22, 29 and February 5, 1970. /s/ Frank P. Holder, Jr. Representative, 49th District Sworn to and subscribed before me this 10th day of February, 1970. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 13, 1970. REVENUEAUTOMOBILES TO ENFORCE LAWS RELATING TO DISTILLED SPIRITS, ETC. No. 1060 (Senate Bill No. 193). An Act to amend an Act which made comprehensive provision for an integrated tax administration for Georgia, approved January 3, 1938 (Ga. L. 1937-38, Ex, Sess., p. 77), as amended particularly by an Act approved April 18, 1967

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(Ga. L. 1967, p. 764), so as to remove the limitation on the number of motor vehicles which may be purchased for use in enforcing the laws, rules, and regulations relating to distilled spirits and alcohol; 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 which made comprehensive provision for an integrated tax administration for Georgia, approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 77), as amended particularly by an Act approved April 18, 1967 (Ga. L. 1967, p. 764), is hereby amended by striking the last sentence of section 5, which sentence reads as follows: Provided, however, the Revenue Commissioner shall not be authorized to purchase more than 15 such motor vehicles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1970. GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDED. No. 1061 (Senate Bill No. 443). 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, so as to change the qualifications of the Adjutant General; to change the pay and allowances of Assistant Adjutants General; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), as amended, is hereby amended by striking from section 23 the symbol, words and figures ,and shall be not less than 30 nor more than 60 years of age, so that section 23, when so amended, shall read as follows: Section 23. The Adjutant General: eligibility: appointment: compensation: bond. There shall be an Adjutant General of the State who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing him, and who shall serve as such at the pleasure of the Governor. The Adjutant General shall have the rank of a major general, and shall not be less than 30 nor more than 65 years of age. No person shall be eligible to hold the office of Adjutant General unless he holds or has held a commission of at least the rank of field grade or the equivalent in the organized militia of the State, or in the armed forces of the United States, or in a reverse component thereof, and shall have served not less than five years in one or more of such services at the time of his appointment. The Adjutant General shall receive the pay and allowances of a major general as now or hereafter provided by law for an officer or equivalent rank in the regular armed forces of the United States. The Governor shall require the Adjutant General to give bond to the State in the sum of $10,000.00 and with good and sufficient security, to be approved by the Governor, faithfully to discharge the duties of his office. Section 2. Said Act is further amended by striking the word colonel from the fourth sentence of section 25 and inserting in lieu thereof the words brigadier general, so that section 25, when so amended, shall read as follows: Section 25. Assistant Adjutant General; eligibility, appointment, compensation and tenure. The Governor shall appoint an Assistant Adjutnat General for Army and an Assistant Adjutant General for Air, to assist the Adjutant

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General in the discharge and performance of his duties. The Assistant Adjustant General for Army shall be, upon appointment, a federally recognized officer of the army national guard of a field grade rank or above and the Assistant Adjutant General for Air shall be, upon appointment, a federally recognized officer of the air national guard of a field grade rank or above. Each of the said Assistant Adjutants General shall have the rank of brigadier general. Each of said officers shall receive the pay and allowance of a brigadier general as now or hereafter provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the Adjutant General, and until his successor is appointed and qualified as provided by law, the Assistant Adjutant General, senior in rank, shall perform the duties required of the Adjutant General in connection with the military division, but he shall perform no duties in connection with the civil defense division as provided by law. Assistant Adjutants General shall hold no other State office and they shall be covered under the merit system of the State. 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 March 13, 1970. LICENSING OF MEDICAL PRACTITIONERS. Code Chapters 84-9, 84-12 Amended. No. 1062 (House Bill No. 655). An Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to add to the titles of those practicing medicine D. O. and Doctor of Osteopathy; to establish a Composite State Board of Medical

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Examiners and provide for twelve (12), members, two (2) of whom shall be Doctors of Osteopathy; to provide for the appointment of the twelve (12) member Board; to provide that the practice of osteopathy without a license from the Composite State Board of Medical Examiners shall not be prohibited if the person practicing does not exceed the practice engaged in at the time of passage of this Act and to provide for renewal of the licenses of such practitioners with fee to be established by the Board; to provide for one license for those holding M. D. or D. O. degrees; to provide a method whereby those presently licensed as Doctors of Osteopathy may qualify and obtain a license from the Composite State Board of Medical Examiners; to require licenses granted by the Board to show the degree of the licensee on his diploma from the professional school he attended; to provide for display of such degree on licensee's stationery and displays; to include colleges of osteopathy and to provide that the Composite State Board of Medical Examiners shall be empowered to pass upon the standing of such colleges; to provide minimum preliminary educational requirements for colleges of osteopathy found to be in good standing by the Composite State Board of Medical Examiners; to provide for renewal fees to be established by the Board including limitation on fee for late payment; to expand the power of the Composite State Board of Medical Examiners to enjoin the illegal practice of medicine; to provide that osteopaths may avail themselves of the rights and benefits of the Voluntary Sterilization Act; to amend Code Chapter 84-12, relating to osteopaths, so as to limit the practice under any renewal of a license issued by the State Board of Osteopathic Examiners after December 31, 1971; to provide that after the passage of this Act no new licenses or licenses by comity to licentiates of other states shall be granted by the State Board of Osteopathic Examiners; to provide for renewal of licenses under Chapter 84-12 for the years 1970 and 1971 only; to provide for repeal of Chapter 84-12 effective January 1, 1972; to provide for immediate effectiveness of other provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by adding in section 84-901 after the word Doctor, the letters D.O., and the words Doctor of Osteopathy, so that when so amended section 84-901 shall read as follows: 84-901. `Practice of medicine', `to practice medicine', `practicing medicine', and `practice of medicine' defined. The terms `practice of medicine', `to practice medicine', `practicing medicine', and `practice medicine', as used in this Chapter, are hereby defined to mean holding one's self out to the public as being engaged in the diagnosis or treatment of disease, defects or injuries of human beings, or the suggestion, recommendation or prescribing of any form of treatment for the intended palliation, relief or cure of any physical, mental or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever, or the maintenance of an office for the reception, examination and treatment of persons suffering from disease, defect or injury of body or mind, or attaching the title M.D.', `Oph.', `D.', `Dop.', `Surgeon', `Doctor', `D.O.', `Doctor of Osteopathy', either alone or in connection with other words, or any other words or abbreviations to his name, indicating that such person is engaged in the treatment or diagnosis of disease or injuries of human beings. Section 2. Said Code Chapter is further amended by striking section 84-902 in its entirety and inserting in lieu thereof a new section 84-902 to read as follows: 84-902. Composite State Board of Medical Examiners; establishment; qualifications of members, duties and powers. A board is hereby established, to be known by the name and style of the Composite State Board of Medical Examiners, which Board shall be composed of twelve (12) practicing physicians of integrity and ability, who shall be residents of, and have been duly licensed to practice in this State, ten (10) of whom shall be graduated from reputable medical schools conferring the M.D. degree and two (2) of whom shall have graduated from a reputable osteopathic

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school conferring the D.O. degree, and all of whom shall have been engaged in the active practice of their profession within this State for a period of at least five (5) years. Said Board shall perform such duties and possess and exercise such powers, relative to the protection of the public health, and the control and regulation of the practice of medicine and osteopathy as this Chapter prescribes and confers upon it. There shall be appointed, as vacancies occur in posts held by holders of the M.D. degree, a Board member to represent each congressional district in the State as hereinafter provided. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. from the State at large as hereinafter provided. Hereinafter, wherever in this Chapter reference is made to the `State Board of Medical Examiners' or `Board of Medical Examiners' or `Board', it shall mean the `Composite State Board of Medical Examiners'. Section 3. Said Code Chapter is further amended by striking section 84-903 in its entirety and inserting in lieu thereof a new section 84-903 to read as follows: 84-903. Appointment of Board; vacancies; quorum. Twelve (12) physicians, who shall possess the qualifications specified in Section 84-902, shall constitute the membership of the Composite State Board of Medical Examiners. The ten (10) members of the State Board of Medical Examiners at the time of the passage of this Act shall become members of the Composite Board to serve terms coextensive with their terms on the State Board at the time of the passage of this Act. No member shall be reappointed nor shall any new member be appointed to fill a vacancy in a post held by an M.D. member from any congressional district in the State which has more than one (1) member on said Board. The other two (2) members of the Board shall be appointed from among the members of the Board of Examiners in Osteopathy in office at the time of the passage of this Act, to serve terms coextensive with their terms on the Board of Examiners in Osteopathy at the time of the passage of this Act. All future appointments shall be made to serve for a term of four (4) years and until his successor

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is appointed and qualified. All reappointments and new appointments shall be made so that each congressional district in the State shall be represented by an M.D. member at all times. Any vacancy that may occur in said Board in consequence of death, resignation, removal from the State or other cause shall be filled for the unexpired term in the same manner as regular appointments are made. A majority of the Board shall constitute a quorum. All appointments shall be made as provided for in Section 4 of an Act approved March 20, 1943 (Ga. L. 1943, p. 212). Section 4. Said Code Chapter is further amended by striking section 84-906 in its entirety and inserting in lieu thereof a new section 84-906 to read as follows: 84-906. Practice of medicine without license prohibited; exceptions.If any person shall hold himself out to the public as being engaged in the diagnosis or treatment of disease or injuries of human beings, or shall suggest, recommend or prescribe any form of treatment for the palliation, relief or cure of any physical or mental ailment of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever, or shall maintain an office for the reception, examination or treatment of diseased or injured human beings, or shall attach the title `M.D.,' `Oph.,' `D.,' `Dop.,' `Surgeon,' `Doctor,' `D.O.,' `Doctor of Osteopathy,' either alone or in connection with other words, or any other word or abbreviation to his name indicative that he is engaged in the treatment of diseased, defective or injured human beings, and shall not in any of these cases then possess in full force and virtue a valid license to practice medicine under the laws of this State, he shall be deemed to be practicing medicine without complying with the provisions of this Chapter, and in violation thereof. Nothing in this Chapter shall be construed to prohibit gratuitous service in cases of emergency, nor the practice of the religious tenets or general beliefs of any church whatsoever; nor to permanently located opticians at their established places of business not prescribing or using drugs or medicines, nor requiring a fee for examination or attaching to their names titles indicative that

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any such person is engaged in the practice of medicine as defined in this Chapter, nor shall it apply to commissioned surgeons of the United States Army, Navy or Public Health Service while so engaged, nor to an individual appointed as an intern or accepted for specialty or residency training in a hospital approved by the Board, to the extent required by the duties of his position or by his program of training, for a period of two (2) years and for such additional period as the Board, by application may determine, nor to regularly licensed physicians called in consultation from other States or territories to attend to special cases in this State, nor to the practice of dentistry nor to the practice of midwifery or nursing. Nothing in this Chapter shall be construed as preventing any person holding a valid license as a Doctor of Osteopathy at the time of the passage of this Act from engaging in the practice of osteopathy as the same was practiced by such person at said time subject to annual renewal of his license beginning January 1, 1972, by the Board at the same rate provided for the renewal of full practice licenses. Such limited renewal licenses shall not authorize the practice of obstetrics or surgery other than the minor suturing of cuts. Section 5. Said Code Chapter is further amended by striking section 84-907 in its entirety and inserting in lieu thereof a new section 84-907 to read as follows: 84-907. License to practice medicine; how obtained; qualifications of applicants. Any person wishing to obtain the right to practice medicine in this State, who has not heretofore been registered or licensed to do so, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him to practice medicine in this State, make application to the composite State Board of Medical Examiners through the Joint-Secretary, State Examining Boards, upon such form and in such manner as shall be adopted and prescribed by the Board, and shall obtain from the Board a license to do so. Unless such person shall have obtained a license as

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aforesaid, it shall be unlawful for him to practice, and if he shall practice medicine without first having obtained such a license, he shall be deemed to have violated the provisions of this Chapter. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the Board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two colleges of medicine now existing in the State of Georgia, or from some other legally incorporated medical college, osteopathic college, or institution in good standing with the Board, provided, however, that the Board shall, before approving any medical or osteopathic college not already approved by it on or before the effective date of this Act, make an adequate inspection or evaluation thereof and a determination that such college meets the standards of colleges approved by the Board on or before the effective date of this Act; and provided, further that nothing herein shall prevent the licensing of graduates of medical schools outside of the United States without such inspection under such rules as the Board may promulgate. Any such graduate, either before or after completing a year's training as an intern as required by the next paragraph of this Section, shall be eligible to stand any regular examination given by the Board for a license to practice medicine in this State. However, before such persons shall be eligible to receive a license to practice medicine in this State, he shall furnish the Board with satisfactory evidence of attainments and qualifications under the provisions of this Section and the rules and regulations of the Board. Nothing contained in this Section shall be construed so as to require a person who has previously passed an examination given by the Board for a license to practice medicine in this State to stand another examination. If the application submits proof that he has had one (1) year of training as an intern in a hospital internship program approved by, and in good standing with, the Board, or in a hospital internship program located in another State

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in which such hospital internship program is approved by, and in good standing with, the Board, and if he furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the Board, he shall be eligible to receive a license from the Board giving him absolute authority to practice medicine in this State; provided, however, that the Board shall, before approving any internship program not already approved by it on or before the effective date of this Act, evaluate or inspect such internship program and determine that such internship program meets the standards of programs approved by the Board on or before the effective date of this Act. Section 6. Said Code Chapter is further amended by adding a new Code section to said Chapter to be known as section 84-907.1 to read as follows: 84-907.1 License to practice medicine, licensed osteopaths. Any person who holds a valid license to practice osteopathy in this State at the time of the passage of this Act shall be entitled, as a matter of right, to obtain a full practice license under this Chapter upon exhibiting satisfactory evidence to the Board prior to January 1, 1972, of completion of a postgraduate program approved for such purpose by the Board, consisting of not less than 36 hours at one of the two Medical Colleges in the State, and after examination or evaluation by the Board of such person. Section 7. Said Code Chapter is further amended by adding a new Code section to said Chapter to be known as section 84-907.2 to read as follows: 84-907.2 License to practice medicine; degree to which licensee is entitled. On all licenses issued by the Board after the passage of this Act the Board shall enter after the name of the licensee the degree to which the licensee is entitled by reason of his diploma of graduation from a professional school in good standing with the Board. Section 8. Said Code Chapter is further amended by

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adding a new Code section to said Chapter to be known as section 84-907.3 to read as follows: 84-907.3 Licensee to show degree on stationery and displays. A licensee under this Chapter shall, in any letter, business card, advertisement, prescription blank, sign, or public listing or display of any nature whatsoever, designate the degree to which he is entitled by reason of his diploma of graduation from a professional school in good standing with the Board. Section 9. Said Code Chapter is further amended by striking section 84-910 in its entirety and inserting in lieu thereof a new section 84-910 to read as follows: 84-910: Medical colleges; good standing; power of Board over. The Board of Medical Examiners shall be empowered to pass upon the good standing and reputation of any medical or osteopathic college. Only such medical or osteopathic colleges will be considered in good standing as possess a full and complete faculty for the teaching of medicine, surgery and obstetrics in all their branches, afford their students adequate clinical and hospital facilities, have adequate curricula as determined by the Board in its discretion; that fulfill all their published promises, requirements and other claims respecting advantages to their students and the course of instruction; that exact a preliminary educational requirement equal to that specified by this Chapter; that require students to furnish testimonials of good moral standing; and that give advanced standing only on cards from accredited medical or osteopathic colleges. In determining the reputation of the medical or osteopathic college, the right to investigate and make a personal inspection of the same is hereby authorized. Section 10. Said Code Chapter is further amended by striking section 84-911 in its entirety and inserting in lieu thereof a new section 84-911 to read as follows: 84-911. Same; preliminary educational requirements; certificate to show. Each medical or osteopathic school or

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college in good standing with the Board of Medical Examiners shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course. Section 11. Said Code Chapter is further amended by striking section 84-914 and inserting in lieu thereof a new section 84-914 to read as follows: 84-914. License fees and licenses by reciprocity. There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for a license by examination, who is a resident of Georgia, a fee of $20, or a fee of $50 for non-resident application 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 license taxes to be paid by physicians and surgeons. The Board of Medical Examiners may grant a license without examination to licentiates of boards of other States requiring equal or higher qualifications, upon the same basis as such States reciprocate with the State of Georgia, all upon the following terms and conditions: (a) If the date of the license from the board of such other States is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the board giving the applicant absolute authority to practice medicine in this State; (b) The applicant shall prove to the satisfaction of the Board of Medical Examiners that the applicant has graduated from a medical or osteopathic college approved by the Board of Medical Examiners on the date of application for the purposes of this Chapter, provided that the applicant shall not be granted a license by reciprocity if the date of

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such applicant's graduation from such medical or osteopathic college shall have occurred prior to July 1, 1963, unless such medical or osteopathic college was approved for the purpose of this Chapter by the Board of Medical Examiners as of the date of such graduation; (c) If the date of the license from the board of such other State is after April 18, 1967, the applicant shall submit proof that he has had one year of training as an intern in a hospital in good standing with the Board or in a hospital of another State, if the standards of such hospital are approved by the Board, in which event the Board shall grant the applicant a license from the Board giving the applicant absolute authority to practice medicine in this State; provided that, if the date of completion of such internship program occurred prior to July 1, 1963, the Board shall not grant such license by reciprocity (except as allowed pursuant to the final proviso of this subsection) unless the internship program was approved by the Board as of the date of completion of such internship program by the applicant and provided further, however, the Board may, in its discretion, waive the requirements of this subsection after determining that an applicant licensed to practice medicine in another State which does not require an internship has been actively engaged in the practice of medicine in such other State for at least two (2) years. Section 12. Said Code Chapter is further amended by striking section 84-915 and inserting in lieu thereof a new section 84-915 to read as follows: 84-915. Issuance and renewal of license to practice. Duty of joint-secretary to aid in prosecutions. The Board of Medical Examiners shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. Said board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the board. Such license shall be signed by the President of the State Board of Medical Examiners and attested by the

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Joint-Secretary, State Examining Boards, under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice medicine in this State. It shall be the duty of the joint-secretary under the direction of the board to aid in the enforcement of this Chapter and in the prosecution of all persons charged with violations of its provisions. All licenses to practice medicine shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal of all licenses issued under this Chapter shall be established by the Board, such fees to be commensurate with the costs of fulfilling the statutory duties of the Board as defined by this Chapter. On or before December 1, the Joint-Secretary, State Examining Boards, shall mail to each person holding a current license to practice medicine a blank to be used in applying for renewal of his license and a statement of the fee. Upon receipt of the application and renewal fee, the joint-secretary, acting under the direction of the composite State Board of Medical Examiners, shall be authorized to renew the license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal but the renewal fee, if submitted after December 31, shall be three (3) times the regular renewal fee. Section 13. Said Code Chapter is further amended by striking Code section 84-927 in its entirety and inserting in lieu thereof a new Code Section 84-927, to read as follows: 84-927. Institutional licenses to certain persons. Notwithstanding the foregoing provision, any person who is a graduate of a school accredited and approved as hereinbefore provided; and who is employed by the State of Georgia in any State operated institution or who is employed by any medical college in the State of Georgia approved by the State Board of Medical Examiners of Georgia, upon request of the superintendent of such State institution or the dean of such medical college employing said physician, may be granted an institutional license authorizing such

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physician to practice medicine in the State institution or medical college employing said licensee, under proper medical supervision, which institutional license may be renewed each 12 months so long as the license remains in the employ of the State institution or medical college requesting the license, at the sound discretion of the Composite State Board of Medical Examiners; Provided, however, such institutional license shall not be prima facie evidence that the holder thereof meets the minimum basic requirements for examination by the State Board of Medical examiners or for the issuance of a permanent license to practice medicine. Section 14. Said Code Chapter is further amended by striking Code section 84-929 in its entirety and inserting a new Code section 84-929, to read as follows: 84-929. Injunction of illegal practices; petition by Board. In addition to any other remedy or criminal prosecution, whenever it shall appear to the Board of Medical Examiners that any person or persons, firm, company, partnership, association, or corporation or their agents, officers, or directors is/are or has/have been violating any of the provisions of this Chapter, or any of the laws of the State of Georgia relating to the practice of medicine, said Board may, on its own motion or on the verified complaint in writing of any person, file a complaint in its own name in the superior court having venue and jurisdiction over the parties, alleging the facts and praying for a temporary restraining order and an injunction and permanent injunction against such person or persons, firm, company, partnership, association, or corporation and their agents, officers and directors, restraining him, her, it, or them, from violating such law, and, upon proof thereof, the said court shall issue such restraining order, injunction and permanent injunction, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. No restraining order, or injunction, whether temporary, permanent or otherwise, shall be granted, without a hearing after at least 10 days' notice. It is hereby declared that such violation or violations of the provisions of this Chapter is or

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are a menace and a nuisance dangerous to the public, health, safety and welfare. Section 15. Said Code Chapter is further amended by adding a new Code section to be known as section 84-936, to read as follows: 84-936. Voluntary Sterilization Act; physicians with D.O. or Doctor of Osteopathy degree subject to provisions of. Doctors of Osteopathy who are licensed by the Composite State Board of Medical Examiners under Section 84-907 or who obtain a full practice license under Section 84-907.1 shall be entitled to all the rights and benefits of an Act approved March 10, 1966 (Ga. L. 1966, p. 453), known as the `Voluntary Sterilization Act.' They shall have all the authority and immunity granted by said Act to physicians, surgeons or doctors of medicine, and shall be subjected to the same limitations and responsibilities. Section 16. Code Chapter 84-12, relating to osteopaths, as amended, is hereby amended by adding a new section to be known as section 84-1212 to read as follows: 84-1212. No further licenses under this Chapter after the passage of this Act. The Board of Osteopathic Examiners shall not grant any new licenses. Licenses in good standing under this Chapter at the time of passage of this Act may be renewed for the years 1970 and 1971 only under the provisions of section 84-1207 upon payment of the fee in compliance with the requirements of that Section, and the State Board of Osteopathic Examiners shall remain in existence for the purpose of all other functions bestowed upon it by this Chapter except the examination of new applicants and the issuance of new licenses under this Chapter until December 31, 1971. No new licenses shall be granted by comity to licentiates of other States pursuant to the provisions of Section 84-1208 after the passage of this Act. Section 17. Effective January 1, 1972, Code Chapter 84-12, relating to osteopaths, as amended, is repealed in its entirety. Code 84-12, repealed.

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Section 18. This Act shall become effective immediately upon its approval by the Governor, or upon its becoming law without his approval. Effective date. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1970. MOTOR VEHICLE LICENSE PLATES TO DISABLED VETERANS. No. 1063 (House Bill No. 746). An Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), an Act approved March 17, 1959 (Ga. L. 1959, p. 349), an Act approved April 5, 1961 (Ga. L. 1961, p. 554), an Act approved March 27, 1965 (Ga. L. 1965, p. 325), an Act approved April 14, 1967 (Ga. L. 1967, p. 1212), and an Act approved April 9, 1968 (Ga. L. 1968, p. 1211), so as to provide for the issuance of such license tags for pickup trucks and station wagons; 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 the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), an Act approved March 17, 1959 (Ga. L. 1959, p. 349), an Act approved April 5, 1961 (Ga. L. 1961, p. 554), an Act approved March 27, 1965 (Ga. L. 1965, p. 325), an Act approved April 14, 1967 (Ga. L. 1967, p. 1212), and an Act approved April 9, 1968 (Ga. L. 1968, p. 1211), is hereby amended by striking from the next to last sentence of section 1 the word:

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automobile, and inserting in lieu thereof the following: private passenger pickup truck, station wagon or car, so that when so amended said sentence shall read as follows: Once said veteran has established his eligibility for said free tags, he shall be entitled to them in succeeding years, on any private passenger pickup truck, station wagon or car he may acquire in the future. Section 2. This Act shall become effective for license plates to be issued for the year 1971 and annually thereafter. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1970. MOTOR VEHICLE LICENSE PLATES TO DISABLED VETERANS. No. 1064 (Senate Bill No. 347). An Act to amend an Act providing for the issuance of automobile tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 1211), so as to provide for the issuance of license tags to certain other veterans; to provide for the issuance of such license tags for pickup trucks, station wagons and van type vehicles of three-quarter tons or less; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act providing for the issuance of automobile tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 1211), is hereby amended by striking section 1 in its entirety and inserting inlieu thereof a new section 1, to read as follows: Section 1. (a) Effective as applied to the license tags for the year 1971, any veteran who was discharged under other than dishonorable conditions, and who served on active duty of the armed forces of the United States or on active duty in a reserve component of the United States including the National Guard, during wartime or during the period beginning January 31, 1955, and ending on a date to be determined by Presidential proclamation or by a concurrent resolution of the Congress declaring a cessation of the Vietnam Era, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; (4) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye. (b) Any veteran so disabled, upon application therefor, will be provided State automobile license tags free of charge upon presentation by said veteran of proof that he is receiving or that he is entitled to receive the aforesaid statutory award. Once said veteran has established his eligibility for said free tags, he shall be entitled to them in succeeding years, on any automobile, private passenger pickup truck,

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station wagon or van type vehicle of three-quarter tons or less he may acquire in the future. Two tags each year shall be furnished under the provisions of this Act unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1970. STATE BOARD OF CORRECTIONSWITHDRAWAL OF PRISONERS FROM COUNTY CAMPS, LEASE OF CAMPS, ETC. No. 1065 (Senate Bill No. 365). 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 18, 1964 (Ga. L. 1964, p. 491), so as to provide certain requirements and procedures relative to withdrawing all prisoners from all county public works camps; to provide that such requirements and procedures shall not be construed to prohibit the State Board of Corrections from withdrawing at any time prisoners from any camp not complying with the rules and regulations, requirements and directives of the Board; to provide that the State Board of Corrections shall purchase or lease, under certain circumstances, the facilities of such camps, at the option of the county in the event all prisoners are withdrawn from such camps; 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:

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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 18, 1964 (Ga. L. 1964, p. 491), as hereby amended by adding a new subsection at the end of section 16 to be designated subsection (e) and to read as follows: (e) Nothing in this subsection shall be construed to prohibit the Board of Corrections from withdrawing prisoners from any camp which does not at any time comply with the rules and regulations of the State Board of Corrections promulgated pursuant to section 17 of this Act or from withdrawing prisoners from any camp which does not at any time meet the requirements of the Board or comply with its directives. For reasons other than the failure to comply with such rules and regulations, requirements and directives, the State Board of Corrections is hereby authorized to withdraw all prisoners under its jurisdiction from all county public works camps under the following conditions: (1) That such withdrawal shall include all prisoners under the jurisdiction of the Board assigned to all public works camps, and that such withdrawal shall be completed within one year after the effective date of the beginning of such withdrawal. (2) That all public works camps shall be notified at least one year in advance of the effective date of the beginning of such withdrawal. (3) That each county affected by such withdrawal shall have the option of selling or leasing its public works camp facility to the State Board of Corrections provided the State Institutions and Property Committee of the House and the Penal and Correctional Affairs Committee of the Senate shall certify to the Board of Corrections that the facility is suitable for inmate housing, and provided that the sales price of the facility or the lease rental payments for the

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facility shall be determined by a board of three appraisers selected as follows: (i) one to be selected by the State Board of Corrections, (ii) one to be selected by the governing authority of the county, (iii) the third to be selected by the other two appraisers. (4) That each county affected by such withdrawal shall have 30 days from the date of the issuance of the notice required by paragraph (2) of this subsection to notify the Board of Corrections that (i) the facility is to be sold to the Board or (ii) the facility is to be leased to the Board or (iii) the county will keep and maintain the facility for its own use. If the Board is not so notified within said time limitation, the Board shall be under no obligation to lease or purchase the facility. (5) That if the county elects to sell or lease the facility, the Committees named in paragraph (3) of this subsection shall have 60 days from the time the Board is notified of such decision in which to inspect the facility and make its recommendations and certification to the Board of Corrections. (6) That if any such facility is leased by the Board, the term of such lease, the requirements relative to the repair, maintenance and improvements of the facility by the county, and the requirements relative to the renewal of such lease shall be as agreed upon by the Board and the governing authority of the county. (7) That the sales price or lease rental payments for each facility and the requirements relative to the lease contract, when such facility is leased, shall be determined within six months after the issuance of the notice of the effective date of the beginning of the withdrawal required by paragraph (2) of this subsection, and if not determined

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within said time limitation, the Board shall be under no obligation to lease or purchase the facility. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1970. BUREAU OF STATE PLANNING AND COMMUNITY AFFAIRS, ETC. No. 1066 (Senate Bill No. 298). An Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968, and the various Bureau of the Budget Circulars now or hereafter promulgated pursuant thereto; to state the legislative intent of this Act; to change certain names and titles; to create the State Planning and Community Affairs Policy Board, and to provide its composition, authorities and duties; to provide for a State Biennial Development Program, and annual updating, and the contents thereof; to provide for its submission to the General Assembly; to provide for a State Planning and Community Affairs report and its contents; to provide the duties, functions and responsibilities of the Bureau of State Planning and Community Affairs; to provide for the creation of boundaries for Area Planning and Development Commissions, and a method for the changing thereof; to provide for Commission representatives; to provide the authorities and duties of Area Planning and Development Commissions; to provide that the governing authorities of the local governmental entities within each Area Planning and Development Commission may appropriate or loan its funds, facilities, equipment and supplies to the Area Planning and Development Commission; to provide that no Area Planning and Development Commission shall be required to pay any State or local ad valorem, sales and use or income taxes; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The General Assembly hereby finds and declares that the growing number and complexity of federal planning assistance programs to states and to regions and districts within states and the increasing impact of these programs on state and local government requires that the State assure itself that these programs are fully coordinated at the State level and at the regional level within the State; and that the efficient accomplishment of joint federal-state or federal-local programs depends on the effective coordination at the State level and at the regional or district level within the State. Legislating finding. The General Assembly further declares and finds that strong local government has been a major positive factor in the political, economic and social development of the State; that the future welfare of the State depends importantly on the effectiveness of local governments and communities and on their relationship to State government; that population shifts and other economic and social trends have intensified existing problems and introduced new problems in growing metropolitan areas and in other areas throughout the State, rural as well as urban; and that the State has a responsibility to local governments and communities, not only in planning and coordinating State services and supplying information for the benefit of such governments and communities, but also in making positive contributions toward the solution of the problems facing such governments and communities and in otherwise assisting such governments and communities in becoming as strong and effective as possible. This Act is in response to the need of the State to more effectively fulfill its responsibilities to local governments and communities, and it is also in response to the need to improve coordination of federally required State plans by fulfilling the requirements of the Federal Intergovernmental Cooperation Act of 1968, and the rules, regulations and requirements now or hereafter promulgated pursuant to said Act.

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Section 2. An Act creating the State Planning and Programming Bureau, approved March 31, 1967 (Ga. L. 1967, p. 252), is hereby amended by striking the words State Planning Bureau, and the words State Planning and Programming Bureau, and the words State Planning Officer wherever the same appear, and inserting in lieu thereof the words Bureau of State Planning and Community Affairs, and the words State Planning and Community Affairs Officer, respectively. The existing contracts or other obligations, by whatever name called, of the former State Planning and Programming Bureau shall continue in full force and effect as obligations of the Bureau of State Planning and Community Affairs in accordance with the terms and conditions of such obligations. All existing powers, duties and responsibilities of the former State Planning and Programming Bureau which are not in conflict with this Act shall continue in force and effect as powers, duties, and responsibilities of the Bureau of State Planning and Community Affairs, and the powers, duties and responsibilities hereinafter provided for by this Act shall be cumulative of and supplemental to such existing powers, duties and responsibilities. 1967 Act amended. Section 3. (a) The State Planning and Community Affairs Policy Board is hereby created to establish policy and direction concerning state planning and programming and community affairs for the development of the State's physical, economic and human resources and to perform such other functions as may be provided by law. Created. (b) The State Planning and Community Affairs Policy Board shall consist of the Governor, who shall serve as its Chairman; five members appointed by the Governor one of which shall be an official of the Georgia Municipal Association and one of which shall be an official of the County Commissioners Association, and which five members shall serve at his pleasure; the Chairman of the House Appropriations Committee; the Chairman of the Senate Appropriations Committee; the Chairman of the House Committee on Community Affairs when formed or designated or if not formed or designated such other committee chairman

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as designated by the Speaker of the House; the Chairman of the Senate Community Affairs when formed or if not formed such other committee chairman as designated by the Lt. Governor; one member appointed by the State Advisory Committee on Area Planning and Development, who shall serve at the pleasure of said committee. The State Planning and Community Affairs Officer shall be an ex-officio, non voting member of the Board and shall serve as its Secretary. Members. (c) Each member of the Board who is not a State official or employee shall receive $25.00 for each meeting of the Board attended by said member and shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties as a member of the Board. Members of the Board, other than legislators, who are State officials or employees shall not receive any compensation for serving on the Board but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties as members of the Board. The legislative members of the Board shall receive the expenses and allowances provided by law for members of legislative interim committees for each meeting attended by such members, and such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of government. Compensation. Section 4. The State Planning and Community Affairs Policy Board shall have the following powers and duties: Powers and duties. (a) to adopt rules or proposals for its operation and functions, and to provide for the election of such officers as the Board deems necessary or desirable; (b) to establish subdivisions within the Bureau, and from time to time, if necessary, alter such subdivisions for the purpose of carrying out the Bureau's functions as heretofore provided by law and as provided by this Act; (c) to consult with the State Planning and Community Affairs Officer; review, consider and evaluate programs

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and policies submitted by such Officer, and to establish programs and policies of the Bureau; (d) to coordinate Statewide community affairs programs and responsibilities, and prepare a means for implementing needed and desirable community affairs programs; (e) to consider, adopt and propose the budgetary request of the Bureau of State Planning and Community Affairs upon submission of the State Planning and Community Affairs Officer; (f) to review and consider immediate and long-range State agency proposals, goals and directions; and to establish Statewide goals and policies. Section 5. The Advisory Committee, composed of Commission members of area or multi-county planning and development commissions appointed by the Governor pursuant to section 5(d) of the Act approved March 31, 1967 (Ga. L. 1967, p. 252), shall advise the Bureau of State Planning and Community Affairs in matters relating to area or multicounty planning and development and shall otherwise continue in the same capacity as heretofore provided by law. Multi-County planning. Section 6. The Bureau of State Planning and Community Affairs shall provide for the preparation of a State Biennial Development Program, and an annual updating, to guide State programs and operations in order that such programs and operations shall make maximum contributions to the physical, economic, and social development of the State, its communities and its citizens. Program. (b) The State Biennial Development Program shall indicate projections and measures to be taken within a six-year period to implement long-range policies and programs of the State and, without limiting the generality of the foregoing, it shall provide: (1) objectives of existing and planned programs;

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(2) alternative solutions to existing and recomended programs; (3) expenditure plans, including costs of implementing such plans, for existing and recommended programs. (c) The Governor shall submit the State Biennial Development Program to the General Assembly at the same time he submits his biennial proposed budget. Section 7. (a) The Bureau of State Planning and Community Affairs shall annually prepare a State Planning and Community Affairs Report which shall: (1) review developments in the State's economic, social, and physical status in the years immediately preceding; (2) report currently important developmental trends; (3) assess the influence of State policies, programs, and operations upon growth and development. Reports. (b) The Governor shall file his Report in the Office of the Secretary of State and shall distribute copies to all members of the General Assembly at the time he submits the budget; thereafter this Report shall be available for public inspection and distribution. Section 8. The Bureau of State Planning and Community Affairs shall: (a) provide technical assistance, directly or through cooperative agreements with other State agencies, units of local government and local public agencies, or others when appropriate; Duties. (b) review, on a continuous basis, the programs and policies of State and area agencies to determine their consistency with long-range policies and programs of the State Biennial Development Program.

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Section 9. (a) The Bureau of State Planning and Community Affairs shall be: (1) The principal State Agency for coordinating planning and programming for comprehensive development; (2) the State Agency responsible for preparing, maintaining and furnishing official demographic data for the State of Georgia; and Same. (3) the principal State Agency for statistical coordination and standardization. (b) The Bureau may apply for and receive grants-in-aid, contributions and any other forms of financial or other assistance from any source, public or private, for the purposes of this Act. (c) The Bureau shall serve as the State Agency for all Federal programs which require State designation of a single clearinghouse, if Federal or State law does not provide for another State Agency, or if the Governor does not designate another State Agency by Executive Order. Section 10. The Bureau of State Planning and Community Affairs shall be responsible directly or in cooperation with other agencies for planning with other agencies in the following activities: (a) review and comment upon the interrelationship with State Planning of all applications for Federal financial assistance by units of local government and local public agencies, Area Planning and Development Commissions, and State Agencies; and where appropriate, review and comment to appropriate Federal or State Agencies that such proposed programs satisfy the requirements of or are not inconsistent with State law or with State and Area Forecasts and Biennial Development Programs or other State policies; Same. (b) to identify potential human, social and economic

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problems and opportunities in the various urban, suburban, and rural communities of the State, and to assist communities in preparing for such opportunities and avoiding the consequences of such problems; (c) to serve in a liaison capacity with Federal, State, and local levels of government; (d) to define, identify, and establish criteria for communities to participate with and avail themselves of the services of the Bureau of State Planning and Community Affairs; (e) to study State housing needs and resources and present to the State Planning and Community Affairs Policy Board recommended courses of action by State Government; (f) to provide, coordinate or secure services to local governments relating to local financing, public facilities, law enforcement, personnel recruiting, public administration and related activities; (g) to supplement other agencies in providing information for communities and areas which would help avoid or minimize the problems associated with the changes brought about by altering economic, housing, social conditions, and by public works projects; (h) to study consequences of government decisions which have an impact on local communities, and advise local communities affected thereby as to methods of adjustment and to circumstances resulting therefrom (such as changing housing patterns, social and economic conditions and public works projects). (i) to serve as the Governor's representative to local communities on a routine basis on the request of or on direction from the Governor in matters affecting social, economic, human or business relations matters, and in this capacity, to serve and provide mediation, consultation and fact finding services.

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(j) to maintain liaison with and draw upon specialized private agency and business, labor and professional association resources in order to have available additional information and expertise in specific areas of concern. (k) to coordinate activities with the Department of Housing and Urban Development or its counterparts by whatever name called, at all governmental levels. Section 11. The State Planning and Community Affairs Policy Board, within 12 months, in consultation with the Advisory Committee on Area Planning and Development, local governments and State Agencies, shall report to the Governor the boundaries for Area Planning and Development Commissions embracing the entire State. No county shall be divided in forming an Area Planning and Development Commission. The boundaries for existing Area Planning and Development Commissions shall be used if practicable. Area planning, etc. Section 12. (a) At any time subsequent to the establishment of boundaries of any Area Planning and Development Commission pursuant to section 11 of this Act, any unit or units of local government may petition the State Planning and Community Affairs Policy Board to amend or change the said boundaries. Same. (b) The Policy Board in consultation with the Advisory Committee shall create and promulgate policies and procedures for effecting changes of boundaries. (c) No unit of local government, until it joins an Area Planning and Development Commission by official action, shall be represented in the Area Planning and Development Commission. Section 13. Each Area Planning and Development Commission, by by-law, shall provide for the selection of Commission representatives; however, there shall be a minimum of one representative of each county and a representative of at least one municipality within each county. Same, members.

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Section 14. Each Area Planning and Development Commission may: (a) adopt by-laws and make rules and regulations for the conduct of its affairs; (b) make and enter into all contracts or agreements necessary or incidental to the performance of its duties and functions: Same, powers. (c) acquire and dispose of real and personal property; (d) utilize the services of the State Purchasing Department; (e) prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development; (f) collect, process and analyze, at regular intervals, the social and economic statistics for the region which are necessary to planning studies, and make the results available to the general public; (g) participate with local, State or Federal governmental agencies, educational institutions, and public and private organizations in the coordination and implementation of research and development activities; (h) cooperate with, and provide technical assistance to, all units of local government and planning and development agencies within the area and coordinate area planning and development activities with those of the State and of the units of local government within the area as well as neighboring areas and with the programs of Federal departments, agencies, and regional commissions; and (i) carry out such other programs as its governing authority shall require from time to time.

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(j) when appropriate, administer funds involving more than one political subdivision. Section 15. Each Area Planning and Development Commission shall: (a) review and comment upon applications by units of local government within the area to State, Federal, quasi-governmental or private agencies for loans or project grants; Same. (b) prepare an Area Biennial Development Program and update same annually. The Program shall include: (1) analysis of the current posture of area development; a review of progress or change so as to evaluate goals of prior year programs, (2) objectives of existing and recommended programs, (3) six-year schedules of area capital improvements and other major program expenditures and activities based on a determination of relative urgency; and recommendations for possible changes in administration, organization or procedures to effect more efficient methods of operation. Each Area Planning and Development Commission shall annually conduct public hearings on its proposed programs; (c) prepare an area forecast for the development of the area of such Commission in accordance with predicted future needs and resources. The forecast shall be addressed to that period of time beyond that of the Area Biennial Development Program. It should include: patterns of urbanization, uses of land, resources for housing, transportation, commerce, industry, recreation, forestry, agriculture, tourism and ways to foster the development of human resources. Section 16. The governing authorities of the local governmental entities within each Area Planning and Development Commission may appropriate or loan its funds, facilities, equipment and supplies to the Area Planning and Development Commission. Funds. Section 17. Each Area Planning and Development Commission exists for nonprofit and public purposes, and it is hereby found and declared that the carrying out of the

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purpose of each Area Planning and Development Commission is exclusively for public benefit and its property is public property, thus, no Area Planning and Development Commission shall be required to pay any State or local ad valorem, sale and use or income taxes. Section 18. Nothing in this Act shall be construed to limit the powers of any unit of local government. Intent. Section 19. all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1970. MOUNTAIN JUDICIAL CIRCUITSALARY OF OFFICIAL COURT REPORTER. No. 1073 (House Bill No. 1639). An Act to amend an Act entitled An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases; to repeal conflicting laws; and for other purposes., approved March 7, 1960 (Ga. L. 1960, p. 258), so as to increase the compensation of the 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 entitled An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases; to

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repeal conflicting laws; and for other purposes., approved March 7, 1960 (Ga. L. 1960, p. 258), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the official court reporter of said judicial circuit shall be the sum of $5,200.00 per annum, which salary shall be paid out of the general treasury of each one of the various counties composing said circuit upon the following basis: Habersham County, $1,200.00; Rabun County, $1,200.00; Stephens County, $1,200.00; Towns County, $800.00; and Union County, $800.00. 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 said salary so assessed each of said counties, to be paid to said official court reporter monthly in each year out of the funds of said counties, and upon the regular county warrants issued therefor; and it is the further duty of said county commissioners, or other county authorities having control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $5,200.00 shall be full payment for all services of said official court reporter in reporting and transcribing any criminal proceeding or hearings in any of the courts of said counties, including any courts of inquiry. Salary. 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 19, 1970.

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FIREMEN'S PENSION FUND ACT AMENDED. No, 1074 (House Bill No. 1141). An Act to amend an Act providing revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the Firemen's Pension Fund, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 441), so as to authorize employees of the Firemen's Pension Fund to become members of said Fund, for the purpose of receiving pension benefits only; to provide for prior service credit; to reduce the age which must be attained before a pension may be drawn; to increase pension benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the Firemen's Pension Fund, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 441), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. Any eligible fireman or volunteer fireman who has served twenty-five (25) years as a fireman or volunteer fireman, upon application to and approval by the board, shall be retired upon monthly pension of one hundred ten ($110.00) dollars. Provided that any fireman or volunteer fireman retiring after twenty-five (25) years of service, but before reaching the age of sixty (60) years, may cease his monthly five ($5.00) dollar payment to the Fund, and upon reaching the age of sixty (60) years and being otherwise eligible, he shall be paid a pension of one hundred ten ($110.00) dollars per month. Provided further that no person shall receive a pension hereunder prior to April 1, 1956, but those persons eligible and retiring prior

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to said date and who have paid into the Fund five ($5.00) dollars per month for not less than twelve (12) consecutive months shall be retired upon a pension of fifty ($50.00) dollars per month. Provided further that no person shall be eligible for a pension hereunder until his official duties shall have terminated. Provided further that no person shall be eligible for a pension hereunder if retired from any fire department prior to the approval of this Act. Eligibility for pensions, etc. Section 2. Said Act is further amended by striking section 7A in its entirety and inserting in lieu thereof a new section 7A, to read as follows: Section 7A. (a) Any fireman or volunteer fireman who is a member of the fund who becomes totally and permanently disabled as a result of bodily injury while actively engaged in the performance of official duties, shall be entitled to receive disability benefits in the amounts of one hundred ten ($110.00) dollars per month. Provided, however, no such person shall be eligible for such benefits until at least six (6) months from the date such person sustained the injury causing such disability. Disabled firemen. (b) Any fireman who is a member of the fund who shall become totally and permanently disabled as a result of heart disease or respiratory disease, shall be entitled to receive benefits in the amount of one hundred ten ($110.00) dollars per month. Provided, however, no such person shall be entitled to any benefits as a result of disability from heart disease or respiratory disease, unless such person shall have served at least five (5) consecutive years as a `fireman' immediately preceding the date of disability. Section 3. Said Act is further amended by adding a new section to be designated section 7B, which shall read as follows: Section 7B. Notwithstanding any provisions in this Act to the contrary, each regular employee of the Firemen's Pension Fund shall be eligible to join the fund for the purpose of receiving pension benefits only, in like manner as

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firemen and volunteer firemen. Each regular employee of the fund who were employed prior to the effective date of this amendatory Act shall be entitled to prior service credit for time employed by the fund, bu to be eligible for any such prior service credit, each said employee shall pay the secretary-treasurer of the Fund $5.00 for each month of prior service credit claimed, plus six percent simple interest. Employees of fund. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1970. THE LAW SCHOOL LEGAL AID AGENCY ACT OF 1967 AMENDED Code Chapter 9-4 Amended. No. 1075 (House Bill No. 1484). An Act to amend Code Chapter 9-4, relating to the regulation of the practice of law, so as to provide that staff instructors may also participate in an approved legal aid program; to provide the circumstances under which third-year law students and staff instructors may appear on behalf of the State in criminal proceedings before grand juries and courts; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 9-4, relating to the regulation of the practice of law, is hereby amended by adding at the end of subsection (c) of Code section 9-401.1, relating to law school legal aid program, a new subparagraph (7) to read as follows:

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(7) Staff instructor. A full time professional staff employee of a law school in this State who has been admitted to the bar of another State, but who is not yet eligible for admission to the bar of this State, without examination, pursuant to Section 9-201 of the Code of Georgia, and who is actively engaged in the work of an approved Law School Legal Aid Agency., Staff instructors. and by striking subsections (h) and (i) in their entirety and substituting in lieu thereof the following: (h) When a law school legal aid agency has been approved as contemplated in subsection (f) a third-year law student or staff instructor regularly enrolled may be certified as a participant therein and authorized to practice legal aid as an adjunct thereof in such form and manner as the judge of the superior court may prescribe, taking care that the requirements of this Code Section and the good moral character of the student or instructor are properly certified by the dean of the law school. The judge shall further require of the student or instructor an oath similar to the oath required by an attorney before entering an order authorizing him to practice legal aid. (i) As to each third-year law student or staff instructor authorized to practice legal aid there shall be kept on file in the office of the clerk of the superior court in the county where such authority is to be exercised the dean's certificate, the student's and instructor's oath and the judge's order as contemplated under subsection (h). The authority to practice legal aid, as allowed under this Code Section, shall extend for no longer than one year. If during this period any change occurs in the status of the student or instructor at the law school in which he was enrolled at the time of his original certification, that is, if the student or instructor ceases his enrollment at the law school, or ceases his enrollment in that law school's legal aid agency, or otherwise is expelled or suspended from the law school, then any authority to practice legal aid shall terminate and be revoked.

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Section 2. Said Chapter is further amended by inserting between Code sections 9-401.1 and 9-402 the following: 9-401.2. Third-year law students and staff instructors as legal assistants to district attorneys. (a) This Code Section shall be known and cited as `The Law School Public Prosecutor Act of 1970.' (b) It is in the public interest to provide legal assistance to district attorneys with the increasing docket in criminal matters, and in connection therewith to utilize the services of third-year law students and staff instructors in criminal proceedings as a form of legal intern training which will promote the efficiency of criminal proceedings. (c) An authorized third-year law student or staff instructor when under the supervision of a district attorney may assist in criminal proceedings within this State as if admitted and licensed to practice law in this State, except that all indictments, presentments, pleadings, and other entrees of record must be signed by a district attorney, or by his duly appointed assistant; and in the conduct of a grand jury investigation, trial or other criminal proceeding, a district attorney or his duly appointed assistant must be physically present. (d) A third-year law student or staff instructor may be authorized to assist a district attorney in such form and manner as the judge of the superior court may prescribe, taking care that the requirements of this Code Section and the good moral character of the third-year student or staff instructor are properly certified by the dean of the law school. The judge shall further require of the student or instructor an oath similar to the oath required by a district attorney before entering an order authorizing him to assist the district attorney. (e) As to each third-year law student or staff instructor authorized to assist a district attorney, there shall be kept on file in the office of the clerk of the superior court in the

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county where such authority is to be exercised the dean's certificate, the student's and instructor's oath, and the judge's order as contemplated under subsection (d). The authority to assist a district attorney, as allowed under this Code Section, shall extend for no longer than one year. If during this period any change occurs in the status of the student or instructor at the law school in which he was enrolled or employed, that is if the student ceases his enrollment, is suspended or expelled, or if the instructor ceases his employment or is released by the school, then any authority shall terminate and be revoked. (f) Any third-year law student or staff instructor authorized to assist a district attorney under this Act is not required to possess the qualifications for election or appointment to the office of district attorney or assistant district attorney as defined in Code of Georgia of 1933, Title 24, Section 2901. (g) For purposes of this Code Section, the following words and terms have the meaning indicated unless the context clearly indicates a different meaning. (1) Criminal Proceeding. Any investigation, grand jury, trial, or other legal proceeding by which a person's liability for a crime is investigated or determined, commencing with the investigation, return of an indictment, filing of the information or accusation and including the final disposition of the case. (2) Law School. A law school within this State which is approved by the American Bar Association, or which is certified by the State Board of Education under Section 7 of the Act approved February 10, 1937 (Ga. Laws 1937, pp. 864, 868) or which was chartered and began operation in this State prior to the aforesaid Act and continues in operation thereunder in this State at the effective date of this Code Section. (3) Third-year Law Student. A student regularly enrolled and in good standing in a law school in this State

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who has satisfactorily completed at least two-thirds of the requirements for the first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence. (4) Staff Instructor. A full time professional staff instructor of a law school in this State who has been admitted to the bar of another State, but who is not yet eligible for admission to the bar of this State, without examination, pursuant to Section 9-201 of the Code of Georgia of 1933. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1970. GEORGIA REAL ESTATE INVESTMENT BOARD ACT AMENDED. No. 1076 (Senate Bill No. 426). An Act to amend an Act creating the Georgia Real Estate Investment Board, approved March 1, 1963 (Ga. L. 1963, p. 34), so as to exempt from the provisions of the Act real estate home loans or commitments specifically, namely, for single family residential housing guaranteed by the Federal Housing Administration, Veteran's Administration, Farmer's Home Loan Administration, or any agency of the Federal Housing and Urban Development Administration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Real Estate Investment Board, approved March 1, 1963 (Ga. L. 1963, p. 34), is hereby amended by striking section 3(b) in its entirety and inserting in lieu thereof a new section 3(b) to read as follows:

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Section 3(b). To receive, approve, disapprove, or reject any and all applications for loans on real estate or commitments for loans on real estate or real estate investments to be made by any State Retirement System, State Annuity and Benefit Fund, or similar State system, or funds created by the General Assembly of Georgia; provided, however, that real estate home loans or commitments specifically, namely, for single family residential housing guaranteed by the Federal Housing Administration, Veteran's Administration, Farmer's Home Loan Administration, or any agency of the Federal Housing and Urban Development Administration, or loans made under the rules and regulations of the Federal Home Loan Bank System, the Federal Reserve System, or the Superintendent of Banks are exempt from consideration by the Georgia Real Estate Investment Board and are further specifically exempted from any provisions of this Act. Duties, exceptions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1970. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 1077 (Senate Bill No. 467). An Act to amend Title 34A of the Code of Georgia, relating to municipal elections, as amended, so as to correct errors and inconsistencies appearing in said Title; to provide that court actions to compel compliance with election laws in municipal elections shall be governed by the same procedures as govern such actions in county and State elections with certain exceptions; to provide that the governing authority of a municipality shall issue the call for a special municipal election; to provide that nomination petitions for municipal elections may be required by

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municipal ordinance; to provide that in certain cities a candidate to be nominated or elected to public office must receive a majority of the votes cast for that particular office; to provide contest procedure, hearing before governing authority, and appeal to Superior Court for municipal elections; to provide all of the necessary procedures connected with the foregoing; to provide for an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 34A of the Code of Georgia, relating to municipal elections, as amended, is hereby amended by striking the period at the end of Code Section 34A-110, relating to the powers and duties of the State Election Board, and adding the following: , and the procedures prescribed therein for seeking mandamus, injunction or other relief to compel compliance with any election or primary law of the State, or of any valid rule or regulation of the Board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith, including the right to seek such relief for any anticipatory breach, shall apply to and shall be applicable to all municipal primaries and elections and shall be brought, tried and disposed of under the procedures contained within said chapter, except that such actions shall be instituted in the county in which the city hall is located, and no bond shall be required of the party appealing. Code 34A-110 amended. Section 2. Said Title is further amended by striking from subsection (b) (iii) of Code section 34A-507, relating to applications for registration, the following: Code 34A-507 amended. Section 34A-517, and substituting in lieu thereof the following: Section 34A-518.

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Section 3. Said Title is further amended by inserting in Code section 34A-704, relating to special elections, following the words after the call of such special election the following: by the governing authority of the municipality, so that when amended, such Code section shall read as follows: Section 34A-704. Special election; notice. The date of a special election shall be no earlier than thirty (30) days and no later than sixty (60) days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality. Section 4. Said Title is further amended by inserting in the first sentence of subsection (a) of Code section 34A-910, relating to nomination petitions, between the words charter and so, the following: Code 34A-910 amended. or ordinance. Section 5. Said Title is further amended by striking from Code section 34A-1119, relating to examination and approval of vote recorders by the Secretary of State, the following: Code 34A-1119 amended. Section 34-1218, and inserting in lieu thereof, the following: Section 34-1219. Section 6. Said Title is further amended by striking from the second sentence of Code section 34A-1201, relating to cards of instructions and supplies, the following: Code 34A-1201 amended. affidavits of challenged electors,.

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Section 7. Said Title is further amended by striking from the fourth sentence of subsection (b) of Code section 34A-1203, relating to delivery of ballots and supplies to managers, the following: Code 34A-1203 amended. mayor's election, and substituting in lieu thereof the following: election of the presiding officer of the governing authority. Section 8. Said Title is further amended by striking from Code section 34A-1206, relating to campaign activities within two hundred and fifty feet of polling place, the following: Code 34A-1206 amended. (a). Section 9. Said Title is further amended by striking from Code section 34A-1216, relating to opening of polls and posting of cards of instructions and notices of penalties, the following: Code 34A-1216 amended. (a). Section 10. Said Title is further amended by adding at the end of subsection (e) of Code section 34A-1227, relating to admission of voters within enclosed space, challenged ballot, instructions for voting in primaries and elections, and write-in votes, the following: Code 34A-1227 amended. No elector shall be permitted to cast a write-in ballot in a primary. Section 11. Said Title is further amended by adding at the end of Code section 34A-1407, relating to the vote required for nomination or election and runoff primaries and elections, a new subsection (c) to read as follows:

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(c) In all cities having a population in excess of 100,000, according to the latest United States Decennial Census, in order for a candidate to be nominated for public office in any primary or elected to public office in any election, he must receive a majority of the votes cast to fill such nomination or public office. Code 34A-1407 amended. Section 12. Said Title is further amended by striking Code section 34A-1501, relating to contest procedure, in its entirety, and substituting in lieu thereof a new section to read as follows: Section 34A-1501. Contest procedure; hearing before governing authority; appeal to Superior Court. (a) A petition to contest the results of a primary or election shall be filed in writing with the City Clerk within five (5) days after the results of the election are declared by the governing authority. Upon the filing of the contest petition, a hearing shall be set before the governing authority of the municipality. Such hearing shall be conducted in accordance with procedures as set forth in the municipal charter or an appropriate ordinance, which shall be consistent with the provisions of this Code and the rules and regulations of the State Election Board. Any member of the governing authority involved in the contest shall disqualify himself from judging the contest. The governing authority shall render its decision within a reasonable time after such hearing, and the decision of the governing authority shall be considered a final determination of the contest unless appealed as hereinafter provided. (b) The decision of the governing authority may be appealed to the Superior Court in the manner of appeal from a Court of the Ordinary, except that appeals shall be made within ten (10) days after determination of the contest by the governing authority. The appeal of the decision of the governing authority shall be tried and determined in the county in which the city hall is located. The case shall be presided over by the senior judge of the Superior Court in time of service in the judicial circuit or circuits adjoining the judicial circuit containing the municipality in which the

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contest is instituted. 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. Section 13. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. THE MUNICIPAL HOME RULE ACT OF 1965 AMENDED. No. 1078 (Senate Bill No. 468). An Act to amend an Act approved March 26, 1965 (Ga. Laws 1965, p. 298), providing for home rule for municipalities so as to clarify the provision limiting home rule for the purpose of affecting the procedures connected with the election or appointment of members of the municipal governing authority; to provide that the provisions of the Georgia Municipal Election Code (Title 34A, Georgia Code) shall take precedence in certain instances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act approved March 26, 1965 (Ga. L. 1965, p. 298), providing home rule for municipalities is hereby amended by striking the period at the end of section 4(a) (1) and inserting in lieu thereof a comma and the following phrase: except as authorized in Title 34A of the Code of Georgia, as amended, or as it may hereafter be amended., so that when so amended, section 4(a) (1) of said Act shall read as follows: 1. Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation, continuance in office and limitation thereon for the members of the Municipal Governing Authority, except as authorized in Title 34A of the Code of Georgia, as amended, or as it may hereafter be amended. Elections. 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 20, 1970. GEORGIA ELECTION CODE AMENDED. CODE TITLE 34 AMENDED. Code Title 34 Amended No. 1079 (House Bill No. 1304). An Act to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of costs of primaries; to provide for the assessment, publication, payment, disposition and allocation of qualifying fees required of candidates in primaries and elections; to provide that the Secretary of State certify

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candidates to ordinaries in primaries; to provide that the Secretary of State furnish all forms needed for primaries and elections except ballots and ballot labels; to provide that returns of primaries be made to the Secretary of State and preserved by him at least a year; to provide that the ordinary procure ballots and supplies, appoint poll officers, make rules and regulations, instruct poll officers, receive, compute, and canvass returns, announce results, and file returns of primaries; to provide that the ordinary may be relieved of responsibility for conducting the primary or election if he is a candidate; to provide that political parties may submit lists of qualified election workers to the superintendent and that the superintendent shall insofar as practicable make appointments so as to provide equal representation for political parties in primaries and elections; to remove rule making power over primaries from committees of political parties; to remove supersedure power of state party executive committees over county executive committees in relation to conduct of primary, and to give such supersedure power to state committees relative to all other party matters; to provide the methods of qualifying for party primaries and for general elections; to provide that nominations of political parties for all public offices except substitute nominations or office of presidential elector shall be made in the primary preceding the general election in which candidates run; to provide that the ordinary shall conduct the primary in the same manner and according to the provisions of the Code relating to general elections; to provide for certification of political party candidates to the ordinary or Secretary of State and for disposition of fees paid by such candidates; to provide that political body candidates qualifying by petition must also be nominated by political body convention; to provide that all other petition candidates be listed on ballot in the independent column; to provide that political parties may nominate presidential electors by convention; to provide the form for absentee ballots; to provide that the office of board of registrars remain open during the entire duration of the primary or election; to provide for the disposition of consolidated returns of primaries and elections; to provide

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for certificates of election, commissions of election, and proclamations of results of constitutional amendments; to provide all of the necessary procedures connected with the foregoing; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby amended by striking in its entirety subsection (ac) of Section 34-103, relating to the definition of certain terms, and substituting in lieu thereof the following: (ac) The word `superintendent' shall mean the ordinary of a county;. Superintendent. Section 2. Said Title is further amended by striking subsection (d), (e) and (f) of Section 34-301, relating to the powers and duties of the Secretary of State, and substituting in lieu thereof the following: (d) To certify to the proper ordinaries official lists of all the political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary, and to certify to the proper ordinaries official lists of all the candidates who have filed their notices of candidacy with him, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election; Duties of Secretary of State. (e) To furnish to the proper ordinaries all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, district returns, consolidated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instruction sheets for absentee ballots, and such other supplies as he shall deem necessary and advisable from time to time, for use in all elections

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and primaries. Such forms shall have printed thereon appropriate instructions for their use; (f) To receive from the ordinaries the returns of primaries and elections, to canvass and compute the votes cast for candidates and upon questions as required by the provisions of this Code;. Section 3. Said Title is further amended by inserting between the words All and election, as they appear in Code Section 34-303, relating to the preservation of records, the following: primary and. Primaries. Section 4. Said Title is further amended by striking from Code Section 34-401, relating to powers and duties of ordinaries, subsections (e), (f), (g), (h), (i) and (j) and substituting in lieu thereof the following: (e) To purchase, except voting machines and voting recorders, preserve, store and maintain election equipment of all kinds, including voting booths and ballot boxes, and to procure ballots and all other supplies for primaries and elections; Duties of ordinaries. (f) To appoint poll officers and other officers to serve in primaries and elections in accordance with the provisions of this Code; (g) To make and issue such rules, regulations and instructions, consistent with law (including the rules and regulations promulgated by the State Election Board), as he may deem necessary for the guidance of poll officers, custodians and electors in primaries and elections; (h) To instruct poll officers and others in their duties, calling them together in meeting whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several election districts of his county to the end that primaries and elections may be honestly, efficiently and uniformly conducted;

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(i) To receive from poll officers the returns of all primaries and elections, to canvass and compute the same, and to certify as soon as practicable following the primary and election the results thereof to such authorities as may be prescribed by law; (j) To publicly announce by posting in his office the results of all primaries and elections held in his county; Section 5. Said Title is further amended by inserting between the words of and elections, wherever they shall appear, in Code Section 34-402, relating to the payment of the expenses incurred by ordinaries, the words primaries and and by inserting between the words other and elections the words primaries and. Expenses. Section 6. Said Title is further amended by inserting in Code Section 34-403, relating to the public inspection of certain records, between the words the and election the following: Records. primary and. Section 7. Said Title is further amended by inserting in Code Section 34-404, relating to the preservation of records, between the words All and election the following: Same. primary and. Section 8. Said Title is further amended by adding at the end of Code Chapter 34-4, relating to ordinaries, a new Code Section 34-405 and to read as follows: Section 34-405. In the event an ordinary is a candidate with opposition for any public office in a primary or election, he shall, within seven days after the date for the closing of qualifications for the particular primary or election, request the State Election Board to appoint a substitute superintendent to serve in his place in said primary or election. Upon receiving such a request from any ordinary, in consultation with the political parties or bodies and independent candidates involved in such an election or primary, the State

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Election Board shall appoint a qualified individual to act as the superintendent in such primary or election. The State Election Board, in selecting the substitute superintendent, shall give first consideration to the qualified electors of the county involved. Substitute superintendents. Section 9. 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 the following: Section 34-501. Managers. All elections and primaries 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. If the political parties involved elect to do so, they may submit to the superintendent, for his consideration in making such appointment, a list of qualified persons. When such lists are submitted to him, the superintendent, insofar as practicable, shall make his appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. 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 of the election district and primary or election in which he is to serve. Section 10. Said Title is further amended by striking from subsections (b) and (c) of Code Section 34-902, relating to the rules and regulations of political parties, the following: Rules. primaries,. Section 11. Said Title is further amended by striking in its entirely Code Section 34-903, relating to the supersedure power of State executive committees, and substituting in lieu thereof the following:

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Section 34-903. Supersedure power of State executive committee; notice; hearing; order. (a) When the State executive committee of a political party has reason to believe that the orders, rules or regulations of the State executive Committee, relating to all party matters except the conduct of primaries, are not being, or will not be, fairly, impartially or properly enforced or applied in any county, by the county executive committee of the party in such county, then the State executive committee shall issue to such county committee a written notice of opportunity for hearing. (b) A notice of opportunity for hearing shall state the substance of the order which the State committee proposes to issue under subsection (e) hereof and advise such county committee of its right to a hearing upon request to the State committee if such request is received by it within the time specified in the notice. (c) Whenever such county committee requests a hearing in accordance with the provisions of this Section, the State committee shall immediately set a date, time and place for such hearing and shall forthwith notify the county committee thereof. (d) A stenographic record of the testimony and other evidence submitted at the hearing shall be taken and filed with the State committee. Each witness appearing at the hearing shall be sworn prior to testifying. (e) If the State committee does not receive a timely request for hearing, or if a hearing is requested and conducted as provided in this Section and the State committee determines that all or any part of the proposed relief described in the notice of opportunity for hearing should be granted, then the State committee may issue an order, effective for a certain period: suspending and superseding all or any part of the powers and duties of the county committee and directing that the powers and duties which would have been exercised and performed by such county executive committee in those matters in which they have been suspended and superseded, shall be exercised and performed by the persons designated

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by the State executive committee, who may be residents of any county of this State, notwithstanding any other provision of this Code. (f) The State executive committee may delegate its powers under the provisions of this Section to a subcommittee. Section 12. Said Title is further amended by deleting in its entirety Code Section 34-904, relating to the investigation of fraud and irregularities by State executive committees in primaries. Code 34-904 repealed. Section 13. Said Title is further amended by striking in its entirety Chapter 34-10, relating to the election of candidates, as amended, and substituting in lieu thereof a new Chapter 34-10, to read as follows: CHAPTER 34-10. NOMINATION OF CANDIDATES A. General Election Section 34-1001. Qualification of Candidates. Candidates may qualify for an election as hereinafter prescribed by virtue of (1) nomination in a primary conducted by a political party; (2) filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Section 34-1011; (3) nomination of presidential electors as prescribed by rules of political party; (4) substitute nomination of a political party or body as prescribed in Section 34-1003; (5) candidate in a special election as prescribed in Section 34-1002(c); or, (6) incumbent qualifying as a candidate to succeed himself as prescribed in Section 34-1002(c). Section 34-1002. Filing Notice of Candidacy. (a) Only those candidates who have filed their notice of candidacy in the following manner and have paid the prescribed qualifying fee by the date hereinafter prescribed shall be eligible

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to have their names placed on the general election ballot by the ordinaries of the counties or the county election boards. (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). 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 hereinafter prescribed shall file his notice no later than 12:00 noon on the second Wednesday in June immediately prior to the election. (c) Each candidate shall accompany his notice of candidacy with a nominating petition in the form hereafter prescribed; except that such petition shall not be required if such candidate is: (i) a nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (ii) a nominee of a political party nominated in a primary; (iii) seeking office in a special election; or, (iv) an incumbent qualifying as a candidate to succeed himself if, prior to the election at which he was originally elected to the office for which he seeks re-election, such incumbent accompanied his notice of candidacy with a nomination petition.

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(d) Each candidate described in Subsection (b) shall accompany his notice of candidacy with an affidavit stating: (i) his residence, with street and number, if any, and his post office address; (ii) his profession, business or occupation, if any; (iii) the name of his election district; (iv) that he is an elector of the county of his residence eligible to vote in the election in which he is a candidate; (v) the name of the office he is seeking; (vi) that he is eligible to hold such office; and (vii) that he will not knowingly violate any provisions of this Code or of rules and regulations adopted thereunder. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy. Section 34-1003. Substituted nominations by parties and bodies. 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. (b) Any vacancy happening in any party nomination (filled by primary) for a Federal, State or county office filled by the vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit contained within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county. (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. (d) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the ordinary, as the case may be, a nomination certificate which shall be signed by such chairman and secretary

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Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths. B. Nomination of Party Candidates by Primaries Section 34-1004. Primaries to be conducted only by political parties; conduct of primaries. Only a political party may elect its officials and nominate its candidates for publice office in a primary. Except for substitute nominations as provided in Section 34-1003 and nomination of presidential electors, all nominees of a political party must be nominated in the primary preceding the general election in which the candidates names will be listed on the ballot. The primary held for such purpose shall be conducted by the ordinary in the same manner as prescribed by law and rules and regulations of the State Election Board and the ordinary for general elections. Primaries of all parties shall be conducted jointly. Section 34-1005. Qualification of candidates; time for opening and closing qualifications; posting of lists of candidates by political parties; certification of political party candidates to ordinary and Secretary of State. (a) 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 which he seeks, (ii) who is not prohibited from being nominated or elected by provisions of Code Section 34-106 or 34-107, as presently 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.' (b) In the case of a general primary, the candidates shall commence qualifying not earlier than 135 days prior to the

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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. (c) Within one hour after the qualifications have ceased, the county executive committee of each political party 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 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. Section 34-1006. Certification of political party candidates to Ordinary or Secretary of State. At, or before noon, on the third Wednesday in June, the county executive committee of each political party shall certify to the Ordinary, and the State executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Such certification shall be accompanied by three-fourths of the qualifying fees paid by such candidates as prescribed in Section 34-1012. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Chapter 34.9. Section 34-1007. Reopening of qualification in event of death of candidate. 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 34-1008. Conduct of primary; Polling places and poll officers to be used. Primaries shall be held and conducted in all respects in accordance with the provisions of

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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 primaries shall be conducted in each election district by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections. Section 34-1009. Primary expenses. The expenses of a primary shall be paid by the respective county, except that forms listed under Section 34-301 (e) shall be furnished upon request by the Secretary of State. C. Nomination of Candidates by Petition. Section 34-1010. Nomination petitions. (a) Nominations of candidates for public office may be made by nomination petitions signed by electors and filed in the manner herein provided. Such petitions shall be in the form prescribed by the officers with whom they are filed, and no other forms than the ones so prescribed shall be used for such purposes. (b) A nomination petition of a candidate shall be signed by a number of electors of not less than five percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking; except that in the case of a candidate seeking the office of judge of the superior court or solicitor general the five percent figure shall be computed only on the total number of such electors of the judicial circuit directly involved. (c) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the State entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition, and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except, any political body seeking to have the names of their candidates for the offices of presidential electors placed upon the ballot through nomination petitions

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shall not compile a separate petition for each candidate for such office, but such political body shall compile their petitions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. (d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (i) that the affiant is a duly qualified and registered elector of the State entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition; (ii) his residence address, giving municipality with street and number, if any; (iii) that each signer manually signed his own name with full knowledge of the contents of the nomination petition; (iv) that each signature on such sheet was signed within one hundred and eighty days of the last day on which such petition may be filed; and, (v) that, to the best of the affiant's knowledge and belief, the signers are registered electors of the State qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit. (e) No nomination petition shall be circulated prior to one hundred and eighty days before the last day on which

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such petition may be filed, and no signature shall be counted unless it was signed within one hundred and eighty days of the last day for filing the same. (f) A nomination petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. (g) Only those candidates whose petitions are accompanied by a certificate sworn to by the chairman and secretary of a political body, (duly registered with the Secretary of State as required by Section 34-901) stating that the named candidate is the nominee of that political body by virtue of being nominated in a convention, as prescribed in Section 34-1012, shall be listed on the ballot under the name of the political body. All petition candidates not so designated as the nominee of a political body shall be listed on the ballot in the independent column. Section 34-1011. Examination of nomination petitions; judicial review. (a) When any nomination petition is presented in the office of the Secretary of State or of any ordinary for filing within the period limited by this Code, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be permitted to be filed if: (i) it contains material errors or defects apparent on the face thereof; (ii) it contains material alterations made after signing without the consent of the signers; or (iii) it does not contain a sufficient number of signatures as required by law. The Secretary of State or any ordinary may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon, and if he shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet. (b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine

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the petition to determine if it complies with the law. During such examination the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he should reside more than one hundred miles from the place of hearing by the nearest practical route, provided, however, that the officer may compel the taking of his testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his deputy, or agent of the officer, shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail and the production of an appropriate return receipt issued by the United States Post Office shall constitute prima facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify, and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his last known address. In neither case shall the petition be returned to the candidate. (c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county

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containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable, and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his decision, and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot, if the court should so determine. D. Nomination of Candidates by Convention. Section 34-1012. Nomination of candidates by convention. (a) Any political party desiring to nominate its presidential electors, and any political body desiring to nominate its candidates qualifying with petitions by convention shall, through its State Executive Committee, adopt rules and regulations in conformity with this Section governing the holding of such conventions for the nomination of candidates for any State, district or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The State Party or Body Chairman of such political party or body and its Secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method.

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(b) The Secretary of State shall examine all such rules and regulations, and all amendments thereto, as shall be filed with him within 15 days after receipt thereof. If, in the opinion of the Secretary of State, any rule or regulation, or any part thereof, does not meet the requirements prescribed by this Section, he shall notify the State Party or Body Chairman and Secretary of such party or body in writing, stating therein his reasons for rejecting such rule or regulation. If, in the judgment of the Secretary of State, such rules and regulations meet the requirements prescribed by this Section, they shall be approved. (c) The Secretary of State shall not approve any such rules or regulations unless they provide: (1) That a notice of the proposed date for the holding of any such convention must be published in a newspaper having a general circulation within the area to be affected at least 10 days prior to the date of any such convention. Such notice shall also state the purpose for which the convention has been called; and (2) That delegates to the convention shall be certified pursuant to appropriate party or body rules by the proper party or body officials; and (3) That delegates to the convention shall be apportioned in such manner as will properly reflect the number of electors residing within the political subdivisions or area affected in accordance with the last United States decennial census; or apportioned according to the number of votes received by the party's candidate for the office of President of the United States in the last presidential election in the areas concerned; or apportioned according to the number of votes received by the party's candidate for the office of Governor of Georgia in the last gubernatorial election in the areas concerned; and (4) In the event that more than one county is involved, each county shall have at least one delegate to the convention, and such additional delegates as shall be allotted thereto

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shall be apportioned according to the provisions of (3) above; and (5) That a certified copy of the minutes of the convention, attested to by the Chairman and Secretary of the convention, must be filed by the nominee with his notice of candidacy. (d) Any candidate nominated by convention shall be required to pay to the person with whom he files his notice of candidacy the same qualifying fee as that required of other candidates for the same office. (e) A convention for the purpose of nominating candidates shall be held at least 90 days prior to the date on which primaries are conducted. (f) Nothing contained within this Section shall be construed so as to apply to the nomination of substitute candidates by convention pursuant to the provision of Code Section 34-1003 or to the nomination of candidates in special elections. E. General Provisions. Section 34-1013. Qualification fees; when and to whom paid, distribution of fees. (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than March 1 in any year in which a general primary or election is to be held (except that in the year 1970 such date shall be April 1), and at least twenty days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be five percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed five percent of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of Justice of the Peace shall be $10.00.

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(2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee to be paid by each candidate qualifying for a primary with a state political party and each non-primary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be five percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed five percent of the income derived from such office by the person holding the office for the preceding year. (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office (except that in the year 1970 the date shall be April 1). (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the Ordinary or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be pro-rated and distributed as follows: (1) Fees paid to the county political party: 25% to be retained by the county political party with which the candidate qualified; 75% to be transmitted to the Ordinary of the county with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by

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the Ordinary to the governing authority of the county, to be applied toward the cost of the primary and election. (2) Fees paid to the state political party: 25% to be retained by the state political party; 75% to be transmitted to the Secretary of State with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the State Treasury, and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and 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 divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election. (3) Qualification fees paid to the Ordinary of the county shall be transmitted by the Ordinary as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election. (4) Qualification fees paid to the Secretary of State shall be pro-rated and distributed as follows: 25% to be transmitted to the State Treasury; 75% to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied 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 divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election. Section 34-1014. Candidates prohibited from running in primary or election for more than one office listed. No person shall be nominated, nor shall any person be a candidate in a primary, for more than one of the following public

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offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, Commissioner of Labor, United States Senator, or Representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, Ordinary, Clerk of Superior Court, Tax Commissioner, Tax Collector, Sheriff, Judge of Superior Court, County Treasurer, County School Superintendent, Tax Receiver, and members of the Senate and House of Representatives of the General Assembly. Section 34-1015. Candidate required to designate specific office sought in certain cases. In the case of a candidate seeking one of two or more public offices, each having the same title and to be filled at the same election by the vote of the same electors, such candidate shall, when qualifying with his party in the case of a primary and when filing his notice of candidacy in the case of an election, designate the specific office he is seeking by naming its incumbent or by giving other appropriate designation. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuring primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. Section 14. Said Title is further amended by striking from subsection (a) of Code Section 34-1102, relating to primary ballots, the word by and inserting in lieu thereof the word for and by striking in their entirety subsections (c) and (d), and substituting in lieu thereof the following: (c) Immediately under the directions, the names of all candidates, who have qualified with the party in accordance with the provisions of this Title and party rules and who have been certified to the ordinary of Secretary of State as having so qualified, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots.

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Under the title of each office shall be placed a direction as to the number of candidates to be voted for. Code 34-11 amended. (d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall certify the wording of said question to the ordinary, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county, and the ordinary or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check () mark. Section 15. Said Title is further amended by inserting in the Title of Code Section 34-1104, relating to the form of ballots, stubs and numbers, after the words Form of ballots the following: and absentee ballots Code 34-1104 amended. and by inserting immediately before the first sentence thereof the following: (a) and by adding at the end thereof a new subsection (b) to read as follows: (b) The form for the absentee ballot shall be in substantially the same form as the official ballots used in the election districts, except it shall be printed with only the name stub and without a number strip. Section 16. Said Title is further amended by striking in its entirety subsection (f) of Code Section 34-1209, relating to the preparation and custody of voting machines and substituting in lieu thereof a new subsection (f) to read as follows: (f) In every primary or election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms

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of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, of all which shall be in the form, and according to the specifications, prescribed, from time to time, by the Secretary of State. Code 34-1209 amended. Section 17. Said Title is further amended by striking in its entirety the second paragraph of Code Section 34-1217, relating to the authorization for the use of voting recorders. Code 34-1217 amended. Section 18. Said Title is further amended by striking in its entirety subsection (e) of Code Section 34-1225, relating to the preparation and custody of vote recorders and substituting in lieu thereof a new subsection (e) to read as follows: (e) In every primary or election, the ordinary shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies, required under the provisions of this Code and which are not furnished by the Secretary of State, all of which shall be in the form, and according to the specifications, prescribed, from time to time, by the Secretary of State. Code 34-1225 amended. Section 19. Said Title is further amended by striking in its entirety Code Section 34-1301, relating to instruction cards and supplies and substituting in lieu thereof the following: Section 34-1301. Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of Cards of Instruction for guidance of electors, such Cards of Instruction to include such portions of the Georgia Election Code as deemed necessary by the Secretary of State and to be printed for the type voting used in the county, i.e., paper ballots, voting machines or vote recorders. The superintendent shall also obtain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voter's certificates, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies

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required by this Code, in each election district of the county. Section 20. Said Title is further amended by striking the first sentence of Code Section 34-1302, relating to voter's certificates and substituting in lieu thereof the following: The Secretary of State shall prepare and furnish to the superintendent for each primary and election the required number of voter's certificates which shall be in substantially the following form:. Code 34-1302 amended. Section 21. Said Title is further amended by striking in their entirety subsections (b) and (c) of Code Section 34-1302, relating to voter's certificates and substituting in lieu thereof the following: (b) The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitble binder to be furnished by the Secretary of State, in sufficient quantities for each election district, for each primary or election. The binder shall have written thereon the words `Voter's Certificates' and shall have a space for filling in the designation of the election district and the date of the primary or election. Code 34-1302 amended. Section 22. Said Title is further amended by striking the fifth sentence of subsection (b) of Code Section 34-1303, relating to the delivery of ballots and supplies to managers, which reads as follows: Code 34-1303 amended. 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. Section 23. Said Title is further amended by deleting from subsection (c) of Code Section 34-1308, relating to the duties and meeting of poll officers, the second sentence which reads as follows:

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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 34-1308 amended. Section 24. Said Title is further amended by striking from subsection (a) of Code Section 34-1322, relating to the count and return of votes, the following phrase which appears in the second sentence thereto: 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., and substituting in lieu thereof the following: Code 34-1322 amended. shall be returned to the ballot box for the party for which they were issued. In primaries separate tally and return sheets shall be prepared for each party, and separate poll officers shall be designated by the chief manager to count and tally each party's ballot. Section 25. Said Title is further amended by striking from subsection (a) of Code Section 34-1326, relating to signing and disposition of returns, electors list and voter certificates, the following: Code 34-1326 amended. in the case of elections, or the state party in the case of primary. Section 26. Said Title is further amended by striking from subsection (a) of Code Section 34-1333, relating to the disposition of returns and electors lists and voter certificates, the following: in the case of elections, or the state party in the case of primary. Code 34-1333 amended. Section 27. Said Title is further amended by inserting in the first sentence of subsection (a) of Code Section 34-1405, relating to the duties of superintendents and registrars

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between the words prepare and and, as they appear in the first sentence thereof, the following: Code 34-1405 amended. or obtain. Section 28. Said Title is further amended by striking in its entirety Code Section 34-1501, relating to the office of superintendent, and substituting in lieu thereof the following: Section 34-1501. Office of Superintendent and county board of registrars to remain open during primaries and elections and until completion of count; reports and returns to be made public. Each superintendent and chairman of the county board of registrars 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 29. Said Title is further amended by deleting from Code Section 34-1504, relating to the computation and certification of returns by superintendents, paragraph (iii) of subsection (d). Code 34-1504 amended. Section 30. Said Title is further amended by striking from Code Chapter 34-15, relating to the returns of primaries and elections, as amended, Code Sections 34-1507 through 34-1516 and substituting in lieu thereof the following: Section 34-1507. Consolidated Certified Returns of Primaries; returns forwarded to Secretary of State. Each superintendent shall prepare four copies of the consolidated return of the primary to be certified by the Superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) one copy to be posted at the county courthouse for the informatioin of the public; (2) one copy to be filed in the superintendent's office; (3) one copy to be forwarded to the Secretary of State, together with a copy of

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each election district return and a copy of the numbered list of voters of each election district, including the election district return and the numbered list of voters for absentee electors for each election district; and (4) one copy to be sealed and filed with the Clerk of the Superior Court as required by Section 34-1515. Section 34-1508. Consolidated Certified Returns of Elections; returns forwarded to Secretary of State. Each superintendent shall prepare four copies of the consolidated return of the election to be certified by the Superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) one copy to be posted at the county courthouse for the information of the public; (2) one copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) one copy to be sealed and filed with the Clerk of the Superior Court as required by Section 34-1515; and (4) one copy to be returned as follows: (a) In the case of election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, the returns shall be sealed up by the superintendent separately from other returns and shall be transmitted immediately to the Secretary of State; (b) In the case of election of Federal and State officers, except those officers named in (a) above, a separate return showing totals of the votes 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. (c) In the case of elections for any county officer, justice of the peace 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 superintendent to transmit immediately to the Secretary of State a certified copy of the returns of all such offices.

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(d) In the case of referendum elections provided for by an act of the General Assembly, the returns shall immediately be certified, by the authority holding such election, to the Secretary of State, along with the election district returns and numbered list of voters for each election district. 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. (e) In the case of elections on constitutional amendments, the returns shall be certified immediately 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, and certify the results to the Governor. (f) In the case of election for Presidential Electors, a separate return shall be prepared by each Superintendent and certified immediately to the Secretary of State. Section 34-1509.Constitutional Officers Election Board to tabulate and certify returns for Constitutional officers. (a) 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, and certified

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returns shall be made by the Constitutional Officers Election Board and filed with the Secretary of State. (b) 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 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 assistance 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 and certify returns as prescribed above. Section 34-1510.Secretary of State to tabulate, compute, canvass, and certify certain returns. Upon receiving the

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certified returns of any election from the various superintendents, the Secretary of State shall forthwith proceed to tabulate, compute and canvass the votes cast for all candidates described in Section 34-1508 (4) (b) 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. The Secretary of State shall also upon receiving the certified returns for Presidential Electors proceed to tabulate, compute and canvass the votes cast for each slate of Presidential Electors, and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of Presidential Electors receiving the highest number of votes. Section 34-1511. Certificates of election; commissions; proclamations. (a) Governor and other constitutional officers. The person receiving a majority of the votes for the respective offices named in Section 34-1508 (4) (a) shall be declared elected thereto, and certificates of election shall be made by the Constitutional Officers Election Board and issued to each person so elected. The Secretary of State shall lay the certified returns filed with him by the Constitutional Officers Election Board before the Governor upon his taking the oath of office as Governor, and the Governor, upon the other constitutional officers taking their oaths of office shall issue a commission under the Great Seal of the State of Georgia signed by the Governor and countersigned by the Secretary of State to each such person. The Secretary of State shall issue the commission to the person elected Governor. (b) United States Senators; Representatives in Congress; Members of General Assembly; Certificates of Election. (1) 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,

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who shall immediately issue certificates of election and commissions 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. (2) 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 the Secretary of State shall issue a certificate of election to each person so elected and he shall present the returns of such election to the proper House as soon as received and tabulated by him. Immediately upon their taking the oath of office, each member of the Senate and House of Representatives shall be issued a commission under the Great Seal of the State of Georgia, signed by the Secretary of State. (c) Justices of the Supreme Court, Judges of Court of Appeals, Commissioners of the Georgia Public Service Commission, Judges of the Superior Courts and District Attorneys. Upon completion of the tabulation the Secretary of State shall certify the result of each election of Justice of the Supreme Court, of Judges of Court of Appeals, of Commissioners of the Georgia Public Service Commission, of Judges of the Superior Court and of District Attorneys to the Governor and shall issue a certificate of election to each person so elected. The Governor shall, upon their taking the oath of office immediately issue a commission under the Great Seal of the State of Georgia, signed by the Governor and countersigned by the Secretary of State, to each such person. (d) County officers; justices of the peace. The superintendent in each county shall, as soon as the returns have been properly certified, issue certificates of election to the successful candidates for all county officers and justices

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of the peace to be filled by the votes of electors of such county. Immediately upon taking the oath of office, each such county officer or justice of the peace shall be issued a commission under the seal of the Executive Department, signed by the Governor, and countersigned by one of his secretaries. (e) Presidential electors. The Secretary of State, on receiving and computing the returns of presidential electors, shall lay them before the Governor, who shall enumerate and ascertain the number of votes for each person so voted for, and shall cause a certificate of election to be delivered to each person so chosen. (f) Constitutional Amendments. Upon receiving the certified results of elections on all constitutional amendments from the Secretary of State, the Governor shall issue his proclamation declaring the results of the vote of each amendment. Section 34-1512. 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 have been issued has not been legally elected to the office for which he has been commissioned, then a commission shall be issued 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 34-1513. Majority vote required to nominate or elect; exception; run-off primary of election; Constitutional Officers Election Board to call run-off for Constitutional Officers. (a) No candidate, except as hereinafter provided, shall be nominated for public office in any primary or elected

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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 shall vote in a run-off primary in violation of Section 34-624. (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

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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 34-1514. 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 34-1515. 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 cleark of the superior court the used, unused and void ballots and the stubs of all ballots used, numbered lists of voters, tally paper, voting

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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 31. The provisions of this Act shall become effective upon the date of the approval thereof by the Governor, or upon it otherwise becoming law. Effective date. Section 32. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. GEORGIA ELECTION CODE AMENDED. Code Title 34 Amended No. 1080 (House Bill No. 1361) An Act to amend Code Title 34, known as the Georgia Election Code, as amended, particularly by an Act approved April 3, 1968 (Ga. Laws 1968, p.847) and an Act approved April 4, 1968 (Ga. Laws 1968, p. 871), so as to change the provisions relating to different voter registration requirements and voting procedures in regard to elections for presidential and vice presidential electors and for the governor and lieutenant governor for certain electors; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34, known as the Georgia Election Code, as amended, particularly by an Act approved April 3, 1968 (Ga. Laws 1968, p. 847) and an Act approved April 4, 1968 (Ga. Laws 1968, p. 871), is hereby amended by striking from paragraph (6) of Code Section 34-602 the following sentence:

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The superintendent shall designate either one centrally located election district or each official election district within his county, which district or districts shall be used for the purpose of permitting applicants qualified to vote as herein provided to cast their ballots in such elections and primaries., and inserting in lieu thereof the following: The superintendent shall designate either one election district or such number of official election districts, as he shall determine, within his county, which district or districts shall be used for the purpose of permitting applicants qualified to vote as herein provided to cast their ballots in such elections and primaries. Code 34-602 amended. so that when so amended paragraph (6) of Code Section 34-602 shall read as follows: (6) Upon being satisfied that an application is proper and that an applicant is qualified to vote under this paragraph, the registrar shall prepare a list of all such qualified applicants. Such list shall contain the name of the applicant, his address and the primary or election office for which such applicant shall be entitled to vote. The superintendent shall cause to be prepared appropriate ballots which shall contain the names of the candidates for nomination or for the offices covered by this section. The superintendent shall designate either one election district or such number of official election districts, as he shall determine, within his county, which district or districts shall be used for the purpose of permitting applicants qualified to vote as herein provided to cast their ballots in such elections and primaries. The registrar shall transmit a list of the such qualified applicants to the manager of each such election district designated by the superintendent. Section 2. Said Code Title is further amended by striking in its entirety paragraph (7) of the Code Section 34-602 and inserting in lieu thereof a new paragraph (7) to read as follows:

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(7) The applicant shall vote for the candidates of his choice by the use of a paper ballot, and in the same manner prescribed for voting by paper ballots, in those counties where paper ballots are used. In a county where voting machines or vote recorders are used, the applicant may cast his vote on the voting machine or vote recorder using a special colored ballot card. At the close of the polls, such ballots shall be tabulated, counted and transmitted as provided by this Code Section for paper ballots, voting machine ballots or vote recorder ballots, as the case may be. Code 34-602 amended. Section 3. Said Code Title is further amended by striking subsection (e) of Code Section 34-1102 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) The ballots shall vary in form only as the names of election districts, offices, candidates, color of ballot cards, or the provisions of this Code may require. Code 34-1102 amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. SUSPENSION OF SALES AND USE TAX ON TRANSIT SYSTEMS RATIFIED. No. 115 (House Resolution No. 545-1101). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges (except charges for charter service) collected by publicly or privately owned urban transit systems for the transportation of passengers until the next meeting of the

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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 December 30, 1969, which is as follows: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor: Whereas: Pursuant to an Act amending the Georgia Retailers' and Consumers' Sales and Use Tax Act approved March 8, 1968 (Ga. L. 1968, p. 201) sales by municipalities and counties arising out of their operation of any public transit facility and charges by public transit authorities or charges by such municipalities, counties or authorities for the transportation of passengers upon their conveyances are exempt from the tax imposed by said Act; and Whereas: There is no provision of law exempting privately owned transit systems from the tax levied by the Georgia Retailers' and Consumers' Sales and Use Tax Act, as amended; and Whereas: The aforesaid amendatory Act approved March 8, 1968, exempts the publicly owned transit systems in Columbus, Rome and Savannah from the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, but the privately owned transit systems located in Albany, Atlanta, Augusta and Macon are not afforded such exemption; and Whereas: The continued payment of such taxes by privately owned transit systems will constitute an inequitable burden upon such transit systems; and

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Whereas: The services furnished by publicly owned transit systems and privately owned transit systems in the State of Georgia are relatively the same, and both such transit systems furnish necessary public services and should be uniformly taxed or uniformly exempt from taxation; and Whereas: Code section 40-205 provides that the Governor of the State of Georgia may suspend the collection of taxes of any part thereof due the State until the next meeting of the General Assembly. Therefore, by virtue of the authority vested in me as Governor of the State of Georgia, and particularly by the provisions of Code section 40-205, it is hereby Ordered: That the collection of the taxes imposed by the Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act approved February 21, 1951 (Ga. L. 1951, p. 360) as amended, on fares and charges (except charges for charter service) collected by publicly or privately owned urban transit systems for the transportation of passengers, be and the same is hereby suspended until the next meeting of the General Assembly. It is further Ordered: That for the purpose of this Executive Order, urban transit systems are defined as public transit systems, primarily urban in character, which are operated by street railroad companies or motor common carriers and are subject to the jurisdiction of the Georgia Public Service Commission, with their fares and charges being regulated by the Commission, or are operated pursuant to a franchise contract with a municipality of this State, whereby their fares and charges are regulated, or are subject to the approval of, such municipality. An urban transit system certificate shall be issued by the Commission, or such municipality that may have regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. Such certificate

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shall be obtained and filed annually with the State Revenue Commissioner during such period of time as may be determined by the Commissioner. This 30th day of December, 1969. /s/ Lester Maddox Governor Attest: /s/ Zell Miller Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws or parts of laws in conflict with this Resolution are hereby repealed. Approved March 20, 1970. SUSPENSION OF SALES AND USE TAX ON HOLY BIBLES AND TESTAMENTS RATIFIED. No. 116 (House Resolution No. 682-1436). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated March 27, 1969, 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:

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Section 1. The Executive Order of the Governor, dated March 27, 1969, which is as follows: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Executive Order By the Governor Whereas: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore Ordered: That the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books, commonly recognizeed as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the General Assembly. This 27th day of March, 1969. /s/ Lester Maddox Governor Attest: /s/ Zell Miller 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 March 20, 1970.

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SUSPENSION OF SALES AND USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY RATIFIED. No. 117 (House Resolution No. 683-1436). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated March 27, 1969, 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. The Executive Order of the Governor, dated March 27, 1969, 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

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into this State for use in a trade, business or profession, be suspended until the next meeting of the General Assembly. This 27th day of March, 1969. /s/ Lester Maddox Governor Attest: /s/ Zell Miller 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 March 20, 1970. SUSPENSION OF AD VALOREM TAXPENALTIES AND INTEREST ON MOTOR VEHICLES RATIFIED. No. 118 (House Resolution No. 684-1436). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated April 1, 1969, suspending the collection of penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation on ad valorem taxes paid thereon on or before April 21, 1969, until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. The Executive Order of the Governor, dated April 1, 1969, which is as follows: Whereas: Pursuant to an amendment to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia, ratified by the electors of the State of Georgia at the 1964 November General Election, the General Assembly was authorized to enact legislation treating any and all motor vehicles, including trailers, as a separate class from other classes of tangible property for ad valorem tax purposes; and Whereas: Pursuant to an Act approved March 16, 1966 (Ga. L. 1966, p. 517) implementing the aforesaid constitutional provisions, beginning January 1, 1967, every owner of a motor vehicle was required to return the same for taxation and pay the taxes due thereon at the time the owner makes application for the registration of his motor vehicle and purchases a license tag therefor; and Whereas: Pursuant to an Act relating to motor vehicle licenses approved December 24, 1937 (Ga. L. 1937-38 Ex. Sess., p. 259), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 606), all persons, firms, corporations or associations are required to apply for, obtain and make payment for motor vehicle license plates on or before April 1; and Whereas: Every owner of a motor vehicle is liable for a penalty of 10% of the ad valorem tax due or $1.00, whichever is greater, for the failure of said owner to make a tax return and pay the ad valorem taxes on such motor vehicle on or before April 1 of each year; and Whereas: Every owner of a motor vehicle failing to register and obtain a license plate for such vehicle on and after the second day of April is subject to a penalty of

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20% of the license fee for said motor vehicle plus a $1.00 fee for obtaining an endorsement thereon by certain law enforcement officials; and Whereas: The time for paying both Federal and State income taxes has been changed from March 15 to April 15; and Whereas: The requirement that citizens of this State purchase motor vehicle license tags and pay ad valorem property taxes on such vehicles by April 1 causes an undue financial hardship upon the citizens of this State, particularly in view of the fact that a great portion of said citizens are required to pay Federal and State income taxes within 15 days thereafter; and Whereas: Prior to the Act approved March 16, 1966 (Ga. L. 1966, p. 517), ad valorem taxes on motor vehicles were paid in the latter part of the year; and Whereas: It is realized that the issuance of this Executive Order will inconvenience the State and county tax officials of this State and their employees, it is nevertheless felt that the provisions of this Executive Order are in the best interest of the citizens of the State of Georgia; it is, therefore Ordered: By the authority vested in me as Governor, the collection of penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation and the ad valorem taxes paid thereon on or before April 21, 1969, be and the same are suspended until the next meeting of the General Assembly; and it is further Ordered: That all penalties, fees and interest for delinquent purchases of 1969 motor vehicle license plates

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(tags) which are purchased on or before April 21, 1969, are hereby waived. This 1st day of April, 1969. /s/ Lester Maddox Governor /s/ Peyton S. Hawes State Revenue Commissioner Attest: /s/ Zell Miller Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws or parts of laws in conflict with this resolution are hereby repealed. Approved March 20, 1970. SUSPENSION OF SALES AND USE TAX ON TRANSIT SYSTEMS FARES RATIFIED. No. 119 (House Resolution 685-1436). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated December 30, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, on fares and charges collected by publicly or privately owned urban transit systems for the transportation of passengers until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. The Executive Order of the Governor, dated December 30, 1969, which is as follows: Whereas: Pursuant to an Act amending the Georgia Retailers' and Consumers' Sales and Use Tax Act approved March 8, 1968 (Ga. L. 1968, p. 201) sales by municipalities and counties arising out of their operation of any public transit facility and charges by public transit authorities or charges by such municipalities, counties or authorities for the transportation of passengers upon their conveyances are exempt from the tax imposed by said Act; and Whereas: There is no provision of law exempting privately owned transit systems from the tax levied by the Georgia Retailers' and Consumers' Sales and Use Act, as amended; and Whereas: The aforesaid amendatory Act approved March 8, 1968, exempts the publicly owned transit systems in Columbus, Rome and Savannah from the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, but the privately owned transit systems located in Albany, Atlanta, Augusta and Macon are not afforded such exemption; and Whereas: The continued payment of such taxes by privately owned transit systems will constitute an inequitable burden upon such transit systems; and Whereas: The services furnished by publicly owned transit systems and privately owned transit systems in the State of Georgia are relatively the same, and both such transit systems furnish necessary public services and should be uniformly taxed or uniformly exempt from taxation; and Whereas: Code section 40-205 provides that the Governor of the State of Georgia may suspend the collection

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of taxes or any part thereof due the State until the next meeting of the General Assembly. Therefore, by virtue of the authority vested in me as Governor of the State of Georgia, and particularly by the provisions of Code section 40-205, it is hereby Ordered: That the collection of the taxes imposed by the Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act approved February 21, 1951 (Ga. L. 1951, p. 360) as amended, on fares and charges (except charges for charter service) collected by publicly or privately owned urban transit systems for the transportation of passengers, be and the same is hereby suspended until the next meeting of the General Assembly. It is further Ordered: That for the purpose of this Executive Order, urban transit systems are defined as public transit systems, primarily urban in character, which are operated by street railroad companies or motor common carriers and are subject to the jurisdiction of the Georgia Public Service Commission, with their fares and charges being regulated by the Commission, or are operated pursuant to a franchise contract with a municipality of this State, whereby their fares and charges are regulated, or are subject to the approval of such municipality. An urban transit system certificate shall be issued by the Commission, or such municipality that may have regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. Such certificate shall be obtained and filed annually with the State Revenue Commissioner during such period of time as may be determined by the Commissioner. This 30th day of December, 1969. /s/ Lester Maddox Governor Attest: /s/ Zell Miller Executive Secretary (Seal of Executive Department impressed)

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be and the same is hereby ratified, approved and confirmed. Section 2. All laws or parts of laws in conflict with this resolution are hereby repealed. Approved March 20, 1970. SUSPENSION OF SALES AND USE TAX ON SALES OF FOOD TO CERTAIN SCHOOLS RATIFIED. No. 120 (House Resolution No. 686-1436). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated March 27, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the Sale of food to certain private non-profit, accredited elementary schools 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. The Executive Order of the Governor, dated March 27, 1969, which is as follows: 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 sales of food to private non-profit, accredited elementary schools purchased by such schools to be consumed on the premises by pupils and employees and used exclusively by such schools, provided such schools are operating under a non-profit corporate charter approved

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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 27th day of March, 1969. /s/ Lester Maddox Governor Attest: /s/ Zell Miller Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws or parts of laws in conflict with this resolution are hereby repealed. Approved March 20, 1970. SUSPENSION OF SALES AND USE TAX ON STANDING TIMBER, ETC. RATIFIED. No. 121 (House Resolution No. 687-1436). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated March 27, 1969, suspending the collection of the Georgia tax levied by an Act approved April 18, 1967 (Ga. L. 1967, p. 788), as amended, upon leases of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. The Executive Order of the Governor, dated March 27, 1969, which is as follows: Whereas: Georgia Code Section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is, therefore Ordered: That the collection of the Georgia tax levied by the Act approved April 18, 1967 (Ga. L. 1967, p. 788), as amended, upon leases of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein be suspended until the next meeting of the General Assembly. This 27th day of March, 1969. /s/ Lester Maddox Governor Attest: /s/ Zell Miller Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws or parts of laws in conflict with this resolution are hereby repealed. Approved March 20, 1970.

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SUSPENSION OF SALES AND USE TAX ON SALES OF TANGIBLE PERSONAL PROPERTY TO CERTAIN HOSPITALS RATIFIED. No. 122 (House Resolution No. 688-1436). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated March 27, 1969, 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. The Executive Order of the Governor, dated March 27, 1969, 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 of Undercofler vs. Hospital Authority of Forsyth County,

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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 27th day of March, 1969. /s/ Lester Maddox Governor Attest: /s/ Zell Miller Executive Secretary (Seal of Executive Department impressed) be and the same is hereby ratified, approved and confirmed. Section 2. All laws or parts of laws in conflict with this resolution are hereby repealed. Approved March 20, 1970.

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RELIEF FOR LIVESTOCK SALES ESTABLISHMENTS URGED. No. 123 (House Resolution No. 524-1072). A Resolution. Requesting relief from the Farmers Home Administration of the United States Department of Agriculture; and for other purposes. Whereas, the Farmers Home Administration of the United States Department of Agriculture has adopted a policy of seeking recovery from stockyards arising from the sale of mortgaged property; and Whereas, the policy adopted by the Farmers Home Administration is to seek to collect from borrowers of said agency and to recover all possible assets and properties of the mortgage owner and after exhausting all remedies against the individual seeking to obtain recovery against stockyards upon the theory of agency and conversion by looking to livestock sales establishments for the full price of mortgaged livestock sold at such establishment; and Whereas, livestock sales establishments have no adequate means of ascertaining whether or not livestock sold through the stockyard is in fact mortgaged, and said establishments have difficulty in ascertaining the existence of a lien or security interest by the Farmers Home Administration; and Whereas, the livestock sales establishments are held responsible and liable for the full sales price of any and all livestock sold at said establishment, notwithstanding that the sales establishment receives only a commission for the sale of said livestock; and Whereas, the Farmers Home Administration in times past has waited an unreasonable time to make demand or let their claim be known to the livestock sales establishments,

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and said delay in time removes any remote possibility of the stockyard recovering against the seller of the livestock; and Whereas, to hold a livestock sales establishment responsible for the full sales price is not only unfair, but it is unjust and imposes an unreasonable and impossible burden upon the livestock sales establishment; and Whereas, to pursue the policy of collecting from livestock sales establishments will seriously jeopardize the orderly marketing of livestock; and Whereas, the responsibility and liability of livestock sales establishments is predicated primarily upon the basis of federal law, and the authority as to whether federal or state law controls as to the liability and responsibility of the livestock sales establishments is a question that the federal courts have interpreted, and the decisions thereon are not in unanimous consent; and Whereas, it is desirable that a just and adequate means be provided so as to establish and clarify the irresponsibility and liability of the livestock sales establishment; and Whereas, it is conservatively estimated that approximately 90% of the livestock sold in auction in the State of Georgia, are subject to a security interest of some type or form. Now, therefore, be it resolved by the General Assembly of Georgia that the Farmers Home Administration of the United States Department of Agriculture is hereby requested to: (1) adopt a more realistic policy as to collections over against livestock sales establishments arising from the sale of mortgaged livestock; (2) provide for notification of all stockyard operators as to the existence of any security interest of the Farmers Home Administration; (3) limit the recovery against the livestock sales establishment arising from the sale of mortgaged

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livestock; and (4) abandon the present policy and procedure of proceeding against livestock auction markets. Be it further resolved that a copy of this Resolution be transmitted to the Secretary of Agriculture; the Undersecretary of Agriculture; and a copy to each member of the Congressional Delegation of Georgia. Approved March 20, 1970. LEASE OF LAND TO U. S. DEPARTMENT OF AGRICULTURE AUTHORIZED. No. 124 (House Resolution No. 543-1101). A Resolution. Authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes. Whereas, the Georgia Forest Research Council was created as an agency of the State by Ga. Laws 1953, Nov.-Dec. Sess., p. 45 and vested with duty and power of determining, promoting, and coordinating forest research for the State of Georgia; and Whereas, in 1958 the Georgia Forest Research Council did construct a Forest Fire Laboratory at the Georgia Forestry Center in Macon, Georgia, with funds appropriated by the General Assembly; and Whereas, the Georgia Forest Research Council has provided office space, laboratory space, and support services for the laboratory under a cooperative agreement with the Southeastern Forest Experiment Station, Forest

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Service, U. S. Department of Agriculture, dated July 10, 1958; and Whereas, under the terms of said cooperative agreement, the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture, conducts projects in forest fire research beneficial to the State of Georgia; and Whereas, the Georgia Forest Research Council and the Forest Service have mutually declared the need for renovation of the present laboratory building and additional laboratory space for conducting forest fire research; and Whereas, the Georgia Forest Research Council does not have available sufficient funds to provide such additional space and renovations to the Forest Fire Laboratory as required; and Whereas, the Georgia Forest Research Council and the Forest Service mutually agree that additional laboratory space and renovations to the existing facility should be financed from funds appropriated to the Forest Service by the U. S. Congress at such time as they may become available; and Whereas, Forest Service must have a long-term lease to the Forest Fire Laboratory and adjoining land in order to make renovations to the present building and to secure funds for an addition thereto; and Whereas, the land upon which the Forest Fire Laboratory the proposed expanded facility will be located is described as follows: All that tract or parcel of land in the Seventh Land District of Bibb County, Georgia, being parts of land lots numbers 106 and 113 thereof, containing two and three-tenths (2.3) acres more or less, particularly described as follows:

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Commencing at a point on northeast side of Bowden Road, said point being 129 feet, N 2100 W from a chiseled cross in the concrete on the center line of Bowden Road, thence N 2900 W along the northeast side of Bowden Road a distance of 419.4 feet to a point; thence N 7130 E along south side of parking lot a distance of 311.7 feet to corner of fence on south side of gate No. 2; thence southeasterly along fence and western right-of-way of Riggins Mill Road a distance of 314.7 feet to corner of fence on north side of gate No. 3; thence S 4930 W a distance of 266.5 feet to point of beginning. Whereas, the Georgia Forest Research Council desires to least the said property to the Forest Service; and Whereas, the renovated and expanded facility will be occupied by both the Georgia Forest Research Council and the Forest Service. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forest Research Council is hereby authorized to negotiate and execute a long-term lease not to exceed 49 years to the above-described tract with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture for the purposes above enumerated. Approved March 20, 1970. LAND CONVEYANCE TO LIBERTY INDEPENDENT TROOP CORPORATION AUTHORIZED. No. 125 (House Resolution No. 641-1290). A Resolution. Authorizing the conveyance of real property located in Liberty County; and for other purposes. Whereas, as a result of successful negotiations with the National Guard Bureau, the State Department of

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Defense has obtained funds to construct an organizational maintenance shop at Hinesville, Georgia, in Liberty County; and Whereas, in order to locate this shop in a desirable location it was necessary for the Liberty Independent Troop Corporation to deed additional land to the State of Georgia; and Whereas, said property designated herein on a plat hereinafter referred to as tract B is described as follows: B. All and singular that certain lot, tract, or parcel of land situate, lying and being in the City of Hinesville in the 17th G. M. District of Liberty County, Georgia, containing 0.46 acres, and have such form, shape, metes, bounds and distances as shown and represented as tract B on that certain survey plat of said land made and prepared by Princeton P. Pirkle, Jr., Georgia Registration Surveyor No. 1474, dated October 22, 1969, and recorded in the office of the Clerk of the Superior Court of Liberty County, Georgia, in Plat Book 4, p. 16, said plat being expressly incorporated herein and made a part hereof by reference for description and all other purposes.; and Whereas, the Liberty Independent Troop Corporation requested the State Department of Defense to relinquish an additional tract of land to the Corporation; and Whereas, said property designated herein on a plat hereinafter referred to as tract C is described as follows: C. All and singular that certain lot, tract, or parcel of land situate, lying and being in the City of Hinesville in the 17th G. M. District of Liberty County, Georgia, containing 1.1 acres and have such form, shape, metes, bounds and distances as shown and represented as tract C on that certain survey plat of said land made and prepared by Princeton P. Pirkle, Jr., Georgia Registration

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Surveyor No. 1474, dated October 22, 1969, and recorded in the office of the Clerk of the Superior Court of Liberty County, Georgia, in Plat Book 4, p. 16, said plat being expressly incorporated herein and made a part hereof by reference for description and all other purposes.; and Whereas, the State Department of Defense through Major General George J. Hearn, the Adjutant General, has stated in writing that said tract C is surplus to the needs of the Georgia National Guard and that the State Department of Defense has no objections to tract C being deeded to the Liberty Independent Troop Corporation. Now, therefore, be it resolved by the General Assembly of Georgia that the aforesaid tract C is hereby declared surplus and the Governor, acting for and on behalf of the State Department of Defense and the State of Georgia, is hereby authorized to and empowered, for and in consideration of the sum of ten dollars ($10.00), the moral obligation of the State, and other valuable considerations, to convey to the Liberty Independent Troop Corporation tract C, as described hereinbefore. The Governor is hereby authorized and empowered to execute whatever instruments are necessary to carry out the provisions of this resolution and convey the aforesaid property to the Liberty Independent Troop Corporation. Approved March 20, 1970. AMENDMENT OF LEASE PEACHTREEWHITEHALL, INC. No. 126 (House Resolution No. 655-1326). A Resolution. Authorizing and Directing the State Properties Control

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Commission to amend the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. lease dated December 26, 1950; to provide an effective date; to repeal conflicting laws; and for other purposes. Whereas, the Western and Atlantic Railroad Commission, acting by virtue of the authority vested in the Commission by an Act of the General Assembly of the State of Georgia approved February 17, 1950, entered into a lease contract dated December 26, 1950, between the Western and Atlantic Railroad Commission as Lessor and Peachtree-Whitehall, Inc. as Lessee; and Whereas, said leave was amended as to certain terms by virtue of an Act of the General Assembly of the State of Georgia approved February 21, 1951 (Ga. L. 1951, pp. 748-749); and Whereas, said lease was subsequently amended by the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. by an agreement to amend said lease dated December 21, 1954; and Whereas, the State Properties Control Commission (hereinafter referred to as the Commission) has succeeded to the powers and duties of the Western and Atlantic Railroad Commission by virtue of an Act of the General Assembly of the State of Georgia entitled State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, pp. 146-158) and by the Acts and Resolutions amendatory thereof and supplemental thereto; and Whereas, said lease was transferred and assigned by Peachtree-Whitehall, Inc. to Simon Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees (Marital Deduction Trust) Under the Will of Ben J. Massell, Deceased, by transfer of lease dated May 31, 1968; and Whereas, Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, Deceased, subleased certain portions of said leased premises to Downtown

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Development Corp. by sublease dated August 15, 1969; and Whereas, said lease imposes certain requirements, conditions and limitations upon the lessee and sublessee; and Whereas, in order to obtain the highest and best use of the State's property, the greatest investment thereon and the highest rental value therefor, certain amendments to said lease are necessary; Now, therefore, be it resolved by the General Assembly of the State of Georgia that for and in consderation of these premises and of the mutual covenants and obligations herein contained, said lease dated December 26, 1950 by and between the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. is hereby amended as follows: Witnesseth: Section 1. Article I of said lease, as amended on December 21, 1954, is hereby further amended by striking the date December 28, 1974 contained in the first sentence of the first paragraph of Article I of said lease and substituting in lieu thereof the date March 15, 1994 and by striking the monetary amount of $1,000,000.00 contained in the next to the last sentence of the first paragraph of Article I of said lease and substituting in lieu thereof the monetary amount of $2,500,000.00 so that when so amended Article I of said lease shall read as follows: Lessee will not later than March 15, 1994 provide on the premises hereinabove described or part thereof a building or buildings one or more stories in height at its election of steel and/or concrete framing with walls of concrete or masonry. Said buildings shall comply with all building and zoning requirements of the City of Atlanta and State of Georgia and the lower level or floor shall be on a level with the sidewalk of any viaduct upon which said building abuts; provided, however, that should any

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of said buildings abut on more than one viaduct the lower level or floor of such building or buildings need not for its entire depth be on a level with the sidewalks of said viaducts, or either of them, provided only that said lower level or floor be substantially on a level with a sidewalk of one of said viaducts where said lower level or floor abuts said viaduct; provided further, that the beams and other construction members supporting said buildings may extend below the street level of any viaduct except that a clearance of 20 feet 3 inches shall be maintained above the present top of rail of the railroad tracks of Western and Atlantic Railroad and except that a clearance of 16 feet shall be maintained above the present top of rail of the Western and Atlantic Railroad's sidetrack serving the building known as the Old Journal Building. Said building or buildings shall be constructed with appurtenant water, sewer, gas and electric wire connections so as not to impair or obstruct the use of the land level of said area for railroad purposes. Said building or buildings may, at the option of the Lessee, be joined to buildings on adjoining property but shall be so constructed that they can be separated from adjoining buildings on neighboring property and made into separate architectural units. Said buildings (including any existing buildings incorporated in the plan) shall provide an area of not less than 100,000 square feet of space useful for commercial, business or industrial purposes and shall cost (including any existing buildings incorporated in the plan) not less than $2,500,000.00 to construct. Each of said improvements, and every part thereof, shall be and become the property of the State of Georgia immediately upon completion in accordance with these specifications, or on December 28, 1969, in the event of their completion prior to said date. The Lessee is to have the right to construct and maintain or to maintain a meter house at ground level between Broad Street and Forsyth Street beneath the overhead rights described and marked as Tract 4 on the attached plat, provided that prior to construction thereof the plan and exact location of said meter house is approved by the Chief Engineer of Western and Atlantic Railroad or of

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Nashville, Chattanooga St. Louis Railway or by such representative as either of them may elect. The number of square feet contained in, and the cost of construction of, said meter house shall not be included in determining whether the Lessee has provided a building or buildings of an area and cost required to be provided by the Lessee hereunder. Section 2. Article IV of said lease is hereby amended by striking the date December 28, 1974 contained in Article IV of said lease and substituting in lieu thereof the date March 15, 1994 so that when so amended, Article IV of said lease shall read as follows: The Lessee shall have the right and option to erect or cause to be erected, the contemplated improvements at any time from and after this date, but prior to March 15, 1994,and upon the completion of the improvements on the leased premises (as described in Article VIII hereof) in accordance with the specifications, terms and provisions of Articles I, II, II, IV, V and VI hereof, the Lessee shall be deemed to have discharged its obligations under the provisions of said Articles. Section 3. Article VIII of said lease is hereby amended by striking the date of the end of the term of said lease from the 27th day of December, 2009 contained in Article VIII of said lease and substituting in lieu thereof the date the 27th day of December, 2044, so that when so amended, Article VIII of said lease shall read as follows: The overhead rights over said described premises, so much of the land level of said premises as is necessary for supports and appurtenances for the said improvements, and the said improvements, when completed, including those already on said premises on December 28, 1969, are hereby leased and demised to the Lessee, its successors and assigns, for a term commencing on the 28th day of December, 1969, and ending on the 27th day of December, 2044, subject to all the conditions, reservations and warranties herein stated; provided that nothing herein

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contained shall authorize the Lessee, its successors or assigns, to use the land level of the territory covered by this lease save for the necessary supports and appurtenances for the improvements to be constructed and the maintenance thereof. Section 4. Article IX of said lease is hereby amended to increase monthly rentals by striking the monthly rental schedule of: $2916.66 from December 29, 1969 to December 28, 1979 $3750.00 from December 29, 1979 to December 28, 1989 $4583.33 from December 29, 1989 to December 28, 1999 $5416.66 from December 29, 1999 to December 28, 2009 contained in Article IX of said lease and substituting in lieu thereof the monthly rental schedule of: $3125.00 from December 28, 1969 to December 28, 1979 $4166.66 from December 28, 1979 to December 28, 1989 $5416.66 from December 28, 1989 to December 28, 1999 $6250.00 from December 28, 1999 to December 28, 2009 $7083.33 from December 28, 2009 to December 28, 2019 $7916.67 from December 28, 2019 to December 28, 2029 $8750.00 from December 28, 2029 to December 28, 2039 $9583.33 from December 28, 2039 to December 28, 2044 and by adding a new paragraph with 3 subparagraphs at the end of Article IX of said lease to provide for appraisals and adjustments of rental every twenty-five (25) years of the lease term so that when so amended, Article IX of said lease shall read as follows: Lessee accepts this lease and agrees to pay to the State of Georgia at the office of the State Treasurer in the State Capitol the following monthly rental payable in advance on the 28th day of each month during the term

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of this lease commencing with the 28th day of December, 1969: $3125.00 from December 28, 1969 to December 28, 1979 $4166.66 from December 28, 1979 to December 28, 1989 $5416.66 from December 28, 1989 to December 28, 1999 $6250.00 from December 28, 1999 to December 28, 2009 $7083.33 from December 28, 2009 to December 28, 2019 $7916.67 from December 28, 2019 to December 28, 2029 $8750.00 from December 28, 2029 to December 28, 2039 $9583.33 from December 28, 2039 to December 28, 2044 Subject to the provision that the monthly rental shall in no instance ever be reduced to an amount lower than that specified hereinabove in this Article IX, the said monthly rental shall be subject to adjustment during the term of this lease in the following manner: (a) Six (6) months before the expiration of the twenty-fifth (25th) year of the term of this lease, a new monthly rental shall be determined, in the manner set forth in subparagraph (b) of this Article IX, which new monthly rental shall be the monthly rental payable for the twenty-sixth (26th) through the fiftieth (50th) year of the lease term. (b) The said new monthly rental shall be determined by computing the average of three appraisals of the then fair rental value of the premises herein leased. The lessor and the lessee shall each appoint one appraiser and the two appraisers so appointed shall mutually appoint a third appraiser. The lessor and the lessee shall each pay the cost of their appraiser and one-half of the cost of the third 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 air rights (including the right of necessary supports and appurtenances) if available for

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development to the highest and best use at the time of the said appraisals, the value of any buildings, other structures, alterations, or improvements on or within the leased premises, the fact that such buildings, other structures, alterations, or improvements have been constructed, built and financed by lessee but will belong to the lessor upon termination of the term of this lease, and the obligation of the lessee to pay rent hereunder. 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. (c) Six (6) months before the expiration of the fiftieth (50th) year of this lease, a new monthly rental shall be determined in the same manner as set forth in subparagraph (b) of this Article IX, which new monthly rental shall be the monthly rental payable for the fifty-first (51st) year through the remainder of the term of this lease (December 27, 2044). Section 5. Except as hereinabove modified, said lease shall remain unchanged and in full force and effect as to the lessor, lessee assignee of lessee and sublessee of lessee as identified in this Resolution and is hereby so ratified and confirmed. Section 6. The State Properties Control Commission is hereby authorized and directed to accomplish the amendments set forth hereinabove in this Resolution by so amending said lease. Section 7. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. All laws and parts of law in conflict with this Resolution are hereby repealed. Approved March 20, 1970.

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EASEMENTS TO CITY OF CANTON. No. 127 (House Resolution No. 672-1416). A Resolution. Authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton, Georgia, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situate in Cherokee County, Georgia; and for other purposes. Whereas, the governing authority of the City of Canton is currently undertaking to expand and enlarge the sewerage system of said city; and Whereas, such expansion program will be of definite benefit to the public welfare; and Whereas, such expansion lines will cross portions of the property of the State of Georgia situate in Cherokee County, Georgia. 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 the City of Canton, a municipal corporation located in Cherokee County, Georgia, its successors and assigns, for and in consideration of the premises in the sum of ten ($10.00) dollars, easements with the right and privilege to clear, use, occupy, employ and enjoy, for the purpose of locating, placing, installing, maintaining, replacing and repairing a line or lines of pipe, conduit or other means of transmission, passage, flow, disposal and carriage, with attachments and appurtenances thereto, for and of sanitary sewage, waste, refuse and other matter or thing, in, on, under, over, upon and across the following described strips or parcels of land, to wit: All that certain fifteen (15.00) foot sanitary sewer easement situated in Land Lot No. 159, 14th District, Section 2, Cherokee County, Georgia, more

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particularly bounded and described as follows to wit: Beginning at a point on the western right-of-way line of Georgia State Highway No. 5, said point being S-02 1100-W, 122.03 feet from a point on the dividing line between the lands of the Cherokee County School District and the lands of the Georgia State National Guard; thence along the western right-of-way line of Georgia State Highway No. 5, S-02 1100-W, 77.69 feet to a point; thence through the lands of the Georgia State National Guard, S-13 1854-W, 238.66 feet to a point; thence N-72 1933-W, 199.39 feet to a point; thence N-52 4205-W, 394.59 feet to a point; thence S-43 4223-W, 30.60 feet to a point on the line of lands of the Canton Sewage Treatment Plant site; thence along same N-43 4400-W, 15.01 feet to a point, thence through the lands of the Georgia State National Guard, N-43 4223-E, 29.97 feet to a point; thence N-39 3042-W, 192.42 feet to a point on the line of land of RW-23; thence along the line of RW-23 and RW-8, S-87 4900-E, 20.09 feet to a point; thence through lands of the Georgia State National Guard, S-39 3042-E, 184.85 feet to a point, thence S-52 4205-E, 397.84 feet to a point; thence S-72 1933-E, 180.61 feet to a point; thence N-13 1854-E, 298.71 feet to a point, the place of beginning and containing in area 16201.14 square feet to 0.372 acres. All the above described property is more fully set out and shown on Drawing RW-10 by Buchart-Horn Consulting Engineers and Planners, 40 South Richland Avenue, York, Pennsylvania, and to which reference is made for a full and complete description of the metes and bounds, courses and distances of the above described strips or parcels of land. Be it further resolved that for construction purposes only, there shall be a temporary easement of ten (10.00) feet on either side of the above described easement to be in effect during the construction of the sanitary sewer system. Be it further resolved that upon ascertaining that the sum of ten ($10.00) dollars has been paid into the State

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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 sanitary sewer 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 easements herein authorized. Be it further resolved that these easements, being made only for the purpose of the construction, maintenance and operation of said sanitary sewer lines by the City of Canton, shall continue only so long as said city continues to maintain and operate said sanitary sewer lines, and, should said city at any time abandon said sanitary sewer lines or discontinue the use thereof, these easements shall terminate. Approved March 20, 1970. BROWN THRASHER OFFICIAL STATE BIRD BOB WHITE QUAIL OFFICIAL STATE GAME BIRD. No. 128 (House Resolution No. 694-1436). A Resolution. Designating the Brown Thrasher as the official Georgia State Bird and the Bobwhite Quail as the official Georgia State Game Bird; and for other purposes. Whereas, the Attorney General of Georgia has ruled in an official opinion that Georgia does not have an official State Bird; and Whereas, hitherto, the General Assembly of Georgia has made no such selection; and

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Whereas, since countless Georgians have always considered the Brown Thrasher as the official Georgia State Bird it is only fitting and proper that the Brown Thrasher be given the recognition it is due; and Whereas, the familiar bob-bob-white whistle of the Bobwhite Quail has charmed Georgians, and accompanied them in their work and play since the State was merely a territory occupied by British colonists in 1733; and Whereas, the traditional rich Georgia pastoral setting is incomplete without a Bobwhite Quail flitting from bush to bush or singing its cheerful melody; and Whereas, thousands of Georgia sportsmen annually trek to the fields to bag their limit of the Bobwhite Quail; this marvelous bird can withstand a loss of two-thirds of its population with no reduction in the spring breeding population, thus providing the Georgia huntsmen with continued exciting sport; and Whereas, Georgia has long been hailed as the Quail Capitol of the World, and it seems to be only fitting and proper that the Bobwhite Quail (of the genus colinis) be given the recognition it is due. Now, therefore, be it resolved by the General Assembly of Georgia at the suggestion and request of the Garden Clubs of Georgia that the Brown Thrasher is hereby designated as the official Georgia State Bird. Be it further resolved that the Bobwhite Quail is hereby designated as the official Georgia State Game Bird. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the Secretary of State. Approved March 20, 1970.

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ARCHITECTURAL AND ENGINEERING FIRMS DOING BUSINESS WITH THE STATE. No. 130 (House Resolution No. 716-1488). A Resolution. Relative to architectural and engineering firms doing business with the State; and for other purposes. Whereas, the vast majority, agencies and public corporations of this State involving architectural and engineering services are awarded to a small number of architectural and engineering firms; and Whereas, there are many qualified architectural and engineering firms in the State, and the State should take advantage of the talents of these firms; and Whereas, the State should make every effort to obtain the finest buildings at the least cost, and give all qualified architectural and engineering firms an opportunity to perform services for the various departments, agencies and public corporations of the State using such services. Now, therefore, be it resolved by the General Assembly of Georgia that the State Auditor is hereby authorized and directed to maintain statistics on all architectural and engineering firms doing business with the various departments, agencies and public corporations of the State. Such statistics shall show the percentage of the total State business done by each such firm and shall be made available to the General Assembly and all departments, agencies and public corporations of the State using architectural and engineering services. Be it further resolved that initially the State Auditor shall compile said statistics for the immediately preceding 36 month period and, thereafter, shall maintain such statistics current on a monthly basis. Be it further resolved that any architectural or engineering firm that has received more than 10% of the

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total awarded for such services by the departments, agencies and public corporations of the State during any period of 36 months, as shown by the statistics of the State Auditor, shall be ineligible to contract with any department, agency or public corporation of the State until such firm, during any period of 36 months, has been awarded less than 10% of the total awarded for such services. Be it further resolved that all laws and parts of laws in conflict with this resolution are hereby repealed. Approved March 20, 1970. LAND CONVEYANCE TO MR. LAMAR HARRIS AUTHORIZED. No. 131 (House Resolution No. 829-1680). A Resolution. Declaring a certain tract of State-owned property to be surplus and authorizing its conveyance; and for other purposes. Whereas, Lamar Harris conveyed to the State of Georgia, for the use of the State Highway Department, a certain tract of land located within Cherokee County at no expense to the State of Georgia; and Whereas, a certain portion of said tract has not been used by the State of Georgia and is of no use to the State of Georgia and is therefore surplus property; and Whereas, said tract is more particularly described as follows: To find the point of beginning, commence at an iron pin which is located upon the southernmost boundary of the right-of-way of Cartersville Street and is 65 feet

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West of the center line of State Route No. 5; thence proceeding South 19 degrees, 12 minutes West for a distance of 105.7 feet to a point, which is the beginning point for the description of said property; thence South 19 degrees, 12 minutes West for a distance of 82.7 feet to a point; thence generally in a northeasterly direction along the fill for a distance of 40 feet to a point; thence North 20 degrees 45 minutes East for a distance of 81.2 feet to a point; thence South 75 degrees, 15 minutes East for a distance of 40 feet to a point, which is the point of beginning; and Whereas, it is the desire of Mr. Lamar Harris to utilize this tract of land for which he received no compensation from the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized and directed to execute the necessary instruments to convey to Mr. Lamar Harris the above described tract of land for and in consideration of $10.00, and the fact that the original tract of land was originally conveyed to the State of Georgia for no consideration. Approved March 20, 1970. EXCHANGE OF LAND WITH TAYLOR CHAPEL CONGREGATION AUTHORIZED. No. 132 (House Resolution No. 849-1695). A Resolution. Authorizing the conveyance of certain real property in Rabun County, Georgia, in exchange for certain other real property located in Rabun County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Land Lot 93, District 2, Rabun

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County, Georgia, now in the custody of the Department of State Parks; and Whereas, the Department of State Parks has the opportunity to obtain $213,431.00 in federal matching funds for the construction of a lake impoundment with related recreational facilities at Black Rock Mountain State Park located in Rabun County, Georgia, provided title can be secured to privately own lands on which the dam construction will be placed and permanent inundation will occur; and Whereas, approximately 1.25 acres of land which must be acquired to enable the Department of State Parks to proceed with this project is owned by the Taylor Chapel Congregation; and Whereas, said Taylor Chapel Congregation has refused to sell any portion of its land to the State but is willing to exchange same on an acre for acre basis for certain contiguous lands of approximately equal value owned by the State in Land Lot 93, District 2, Rabun County, Georgia; and Whereas, the acquisition of said approximate 1.25 acres owned by the Taylor Chapel Congregation is vital to the construction of said project and receipt of federal matching funds; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, be and is hereby authorized to convey, by deed or other written instrument of conveyance, to the Taylor Chapel Congregation, acting by and through its Trustees, all of the right, title and interest which the State of Georgia has in a tract of land not exceeding 1.5 acres in Land Lot 93, District 2, Rabun County, in exchange for an equal amount of land from said grantee, upon such terms and conditions as may be authorized by the State Properties Acquisition Commission. Approved March 20, 1970.

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CENTRAL PRINTING AGENCY STUDY COMMITTEE. No. 133 (House Resolution No. 850-1695). 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 department 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 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 tax-payers' monies to create a central agency which would have the responsibility of printing materials for each

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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 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. The Committee shall make a report of its findings and recommendations on or before December 1, 1970, on which date the Committee shall stand abolished. All funds for the operation of the Committee shall come from funds appropriated to or available to the legislative branch of government. Approved March 20, 1970. THE CHATTAHOOCHEE TRAIL DESIGNATED. No. 139 (House Resolution No. 521-1072). A Resolution. Providing for the designation of the Columbus-Blakely route as The Chattahoochee Trail; and for other purposes. Whereas, the scenic trail between Columbus and Blakely includes many points of interest and offers a wide variety of natural and historic attractions which would have great appeal to thousands of tourists as well as residents of our own State; and Whereas, a few of the many outstanding attractions in this beautiful area of the lower Chattahoochee basin are the Little Grand Canyon, the historic Kolomoki Indian Mounds, the Bedingfield Inn, Shorter Mansion, the Walter

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F. George Reservoir, Pataula Creek Park, and the Blakely Courthouse; and Whereas, the lower Chattachoochee Valley Area Planning and Development Commission has made exhaustive studies of the vacation and tourist possibilities of officially designating this route as The Chattahoochee Trail, and all such studies indicate that the State of Georgia would greatly benefit by such action. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, upon receiving detailed information on the proposed route from the Lower Chattahoochee Area Planning and Development Commission, is hereby authorized and directed to issue his proclamation officially designating such route as The Chattahoochee Trail. Be it further resolved that the Department of Industry and Trade shall endeavor to promote The Chattahoochee Trail as a major tourist and vacation attraction. 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 Lester Maddox, Governor of the State of Georgia; Honorable Louis W. Truman, Director, Department of Industry and Trade; and to Honorable Richard K. Allen, Executive Director, Lower Chattahoochee Area Planning and Development Commission. Approved March 20, 1970. ALTERNATIVE METHOD OF EXTENDING MUNICIPAL BOUNDARIES. No. 1081 (Senate Bill No. 422). An Act to provide an alternative method, cumulative to existing methods, for extending municipal boundaries of

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municipalities having a population of 5,000 or more persons, to provide standards and conditions under which such method shall be applicable; to provide the procedure to be followed when such method is used; to insure the extension of all municipal services to new areas included within municipal boundaries under such method; to provide for public hearings; to provide for appeals; to provide for reports to the Secretary of State; to authorize expenditures by municipalities for purposes of this Act; to define the effect on existing laws; to provide for a referendum in certain circumstances; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared to be the policy in this State: (a) that municipalities are created for the purpose of providing local governmental services and for insuring the health, safety and welfare of persons and the protection of property in areas being used primarily for residential, commercial, industrial and institutional purposes; and, Legislative policy. (b) that the orderly growth of municipalities, based on the need for municipal services and the ability of the municipality to serve, is essential to the economic progress of the State and to the well-being of its urban citizens; and, (c) that the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and, (d) that urban growth and development in and around municipalities having a population of 5,000 or more persons is more scattered, occurs more rapidly, and presents different problems in regard to the extension of municipal services than in smaller municipalities, and therefore this Act, based on such factors, applies only to municipalities having a population of 5,000 or more persons under the 1960 or any future Federal census; and

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(e) further, that any areas included within municipal boundaries under the provisions of this Act should receive all services provided by the annexing municipality as soon as possible after coming within its boundaries. Section 2. The governing body of any municipality having a population of 5,000 or more persons under the 1960 or any future Federal census may extend the corporate limits of such municipality to include any area which meets the standards of section 3 of this Act, under the conditions and procedure provided herein. Where Act applicable. Section 3. Ability to serve. A municipality exercising authority under this Act shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the public hearing provided for in Section 5 of this Act, prepare a report setting forth such plans to provide services to such area. The report shall include: (a) A map or maps of the municipality and adjacent territory to show the following information: (1) The present and proposed boundaries of the municipality. (2) The present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in subsection (c) of this Section. (3) The general land use pattern in the areas to be annexed. (b) A statement showing that the area to be annexed meets the requirements of Section 4 of this Act. (c) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. Specifically, such plans shall: (1) Provide for extending police protection, fire protection, garbage collection and street maintenance services to

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the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines. (2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed, property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. (3) If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed time-table for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within eighteen months following the effective date of annexation. (4) Set forth the methods under which the municipality plans to finance extension of services into the area to be annexed. Section 4. Standards Applicable to Area to be Annexed. A municipal governing body may extend the municipal corporate limits to include any area (1) which meets the general standards of subsection (a), and (2) every part of which meets the requirements of either subsection (b) or subsection (c). (a) The total area to be annexed must meet the following standards on the date of the adoption of the resolution: (1) It must be adjacent or contiguous to the municipality's boundaries at the time the annexation proceeding is begun.

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(2) At least one-eighth of the aggregate external boundaries of the area must coincide with the municipal boundary. (3) No part of the area shall be included within the boundary of another incorporated municipality or county. (4) No part of the area shall, at the time notice of public hearing is given in accordance with section 5, be receiving either water service or sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipality proposing annexation. This requirement may be waived by written agreement of the municipality proposing annexation and the other unit of government affected. Where a waiver of this requirement is applicable, a copy of such agreement shall be made a part of the report required by section 3. Where contracts now exist between counties and municipalities, both government entities must agree by mutual consent prior to annexation. (b) The area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets the following standard on the date of the adoption of the annexation resolution: (1) Has a total resident population equal to at least two persons for each acre of land included within its boundaries on the date of the adoption of the annexation ordinance, and is subdivided into lots and tracts such that at least sixty per cent (60%) of the total acreage consists of lots and tracts five acres or less in size and such that at least sixty per cent (60%) of the total number of lots and tracts are one acre or less in size. (c) In addition to areas developed for urban purposes, a governing body may include in the area to be annexed any area which does not meet the requirements of subsection (b) if such area lies between the municipal boundary and an area developed for urban purposes so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality

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without extending services and water and sewer lines through such sparsely-developed area; and is adjacent, on at least sixty per cent (60%) of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (b). (d) In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features such as ridge lines and streams and creeks as boundaries, and if a street is used as a boundary, include within the municipality land on both sides of the street and such outside boundary may not extend more than 200 feet beyond the right-of-way of the street, except to include all of a lot or parcel of land partially within 200 feet of said right-of-way. Section 5. Procedure for Annexation. (a) Notice of Intent. Any municipal governing body desiring to annex territory under the provisions of this Act shall first pass a resolution stating the intent of the municipality to consider annexation. Such resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation, the date for such public hearing to be not less than thirty days and not more than sixty days following passage of the resolution. The notice of public hearing shall: 1. Fix the date, hour and place of the public hearing. 2. Describe clearly the boundaries of the area under consideration. 3. State that the report required in Section 3 of this Act will be available at the office of the municipal clerk at least fourteen days prior to the date of the public hearing. Such notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there be no such newspaper, the municipality shall post the notice in

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at least three public places within the municipality and in at least three public places in the area to be annexed for thirty days prior to the date of public hearing. (b) Action Prior to Hearing. At least fourteen days before the date of the public hearing, the governing body shall approve the report provided for in section 3 of this Act, and shall make it available to the public at the office of the municipal clerk. In addition, the municipality may prepare a summary of the full report for public distribution. (c) Public Hearing. At the public hearing a representative of the municipality shall first make an explanation of the report required in section 3 of this Act. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing, and all residents of the municipality, shall be given an opportunity to be heard. Section 6. Annexation Recorded. Whenever the limits of a municipality are enlarged in accordance with the provisions of this Act, it shall be the duty of the mayor of the municipality to cause an accurate map of such annexed territory, together with a copy of the ordinance duly certified, to be recorded in the office of the registrar of deeds of the county or counties in which such territory is situate and in the office of the Secretary of State. Section 7. Authorized Expenditures. Any municipality initiating annexations under the provisions of this Act is authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study and annexation of unincorporated territory adjacent to the municipality. In addition, following final passage of the annexation ordinance, the annexing municipality shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in an effective and expeditious manner prior to the effective date of annexation.

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Sections 8. Definitions. The following terms where used in this Act shall have the following meanings, except where the context clearly indicates a different meaning: (a) Contiguous area shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city or some other political subdivision, or lands owned by the State of Georgia. (b) Used for residential purposes shall mean any lot or tract five acres or less in size on which is constructed a habitable dwelling unit. Section 9. Population and Land Estimates. In determining population and degree of land subdivision for purposes of meeting the requirements of section 4 of this Act, the municipality shall use methods calculated to provide reasonably accurate results. In determining whether the standards set forth in section 4 have been met on appeal to the Superior Court under section 6 of this Act, the reviewing court shall accept the estimates of the municipality: (a) As to population, if the estimate is based on the number of dwelling units in the area multiplied by the average family size in such area, or in the county or counties of which such area is a part, as determined by the last preceding Federal census; or if it is based on a new enumeration carried out under reasonable rules and regulations by the annexing municipality; provided, that the court shall not accept such estimates if the petitioner demonstrates that such estimates are in error in the amount of ten per cent (10%) or more. (b) As to total area, if the estimate is based on an actual survey, or on county tax maps or records, or on aerial photographs, or on some other reasonably reliable map used for official purposes by a governmental agency, unless the petitioners on appeal demonstrate that such estimates are in error in the amount of five per cent (5%) or more.

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(c) As to degree of land subdivision, if the estimates are based on an actual survey, or on county tax maps or records, or on aerial photographs, or on some other reasonably reliable source, unless the petitioners on appeal show that such estimates are in error in the amount of five per cent (5%) or more. Section 10. Effect on Existing Law. It is declared to be the intention of the General Assembly in enacting this law to provide a method for annexing to municipalities areas which meet the legislative standards established by Section 4 hereof. This Act is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipality in this State, nor to limit in any way the authority of the General Assembly to provide alternative methods for extending municipal boundaries. Further, the provisions of this Act shall not affect legislation pending at the time this bill becomes law. Section 11. The provisions of this Act shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding the adoption of this Act and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation. Exemption. Section 12. The city shall issue a call for a referendum to ratify or reject the adoption of the annexation resolution, said referendum to be held not less than thirty (30) days nor more than sixty (60) days after the date of the public hearing required by section 5 of this Act. Said referendum shall be held insofar as possible under the procedures set forth in the Georgia Municipal Election Code (Title 34A, Code of Georgia) for special elections. Only those registered voters residing in the proposed area to be annexed on the date of the adoption of the resolution provided for in section 5 (a) shall vote in said referendum. If a majority of those voting, vote in favor, the area shall become a part of the corporate limits of the municipality but not otherwise. If a majority of those voting, vote against the said annexation,

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a period of two (2) years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this Act. Referendums. Section 13. Repealer. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1970. ACT AUTHORIZING USE OF SPEED DETECTION DEVICES AMENDED. No. 1082 (House Bill No. 1227). An Act to amend an Act authorizing the use of radar speed detection devices by the various counties and municipalities of this State, approved March 27, 1968 (Ga. L. 1968, p. 425), to prescribe which speed detection devices may be used by such counties and municipalities; to provide the procedures connected therewith; to eliminate certain of the requirements prescribed for speed detection devices; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the use of radar speed detection devices by the various counties and municipalities of this State, approved March 27, 1968 (Ga. L. 1968, p. 425), is hereby amended by striking from the first sentence of section 1 the word radar and substituting in lieu thereof the following: the use of any speed detection device, so that when so amended section 1 shall read as follows: Section 1. The law enforcement officers of the various counties and municipalities may use speed detection devices only if the governing authority thereof shall approve of and

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desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with the provisions of this Act, provided that no county or city officer shall be allowed to make a case based on the use of any speed detection device except in properly marked school zones, unless the speed of the vehicle exceeds the posted limit in excess of ten miles per hour, and no conviction shall be had thereon unless said speed is in excess of ten miles per hour of the posted limit. Provided further that no county or city shall be authorized to use such devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. The provisions of this Act shall not apply to any official receiving a recording fee. Section 2. Said Act is further amended by striking from section 2 the word radar, so that when so amended section 2 shall read as follows: Section 2. The governing authority of any county or municipality may apply to the Department of Public Safety for a permit to authorize said governing authority to employ the use of speed detection devices to be employed in the use of traffic control within such counties or municipalities on streets, roads, and highways, provided the city and county will name the street or road the device is to be used on, the speed limits of which have been approved by the Division of Traffic Engineering and Safety of the State Highway Department. Use of devices. Section 3. Said Act is further amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. As used within this Act the term `speed detection device' shall mean that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name `Vascar', or any other similar device operating under the same or similar principle which is approved by the Department of Public Safety for the measurement of speed, including any devices for the measurement of speed or velocity based upon the principle of radar. Speed detection device defined.

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Section 4. Said Act is further amended by striking from section 5 the word radar so that when so amended section 5 shall read as follows: Section 5. Each county and municipality employing the use of speed detection devices shall erect signs, said signs shall be at least 30 inches by 30 inches on every highway which comprises a part of the State highway system at that point on the highway which intersects the corporate limits of any municipality or county boundary. Such signs shall warn approaching motorists that the use of such devices is being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this section. Signs. Section 5. Said Act is further amended by striking from section 6 the words radar equipment and substituting in lieu thereof the words speed detection devices, so that when so amended section 6 shall read as follows: Section 6. Evidence obtained by law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within one-half mile of a reduction of a speed limit outside an incorporated municipality shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance or State law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within thirty (30) days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed or any portion of any highway which has a grade in excess of seven (7) percent. Where devices may be used. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDMOTOR VEHICLE INSPECTIONS, ETC. No. 1083 (House Bill No. 282). An Act to amend an Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 950), an Act approved April 3, 1963 (Ga. L. 1963, p. 333), an Act approved March 12, 1965 (Ga. L. 1965, p. 188), and an Act approved March 31, 1965 (Ga. L. 1965, p. 406), so as to change the provisions relative to certain brakes required on certain motor vehicles; to change the provisions relative to the inspection of braking systems, windshield wipers and exhaust systems; to change the inspection fee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 950), an Act approved April 3, 1963 (Ga. L. 1963, p. 333), an Act approved March 12, 1965 (Ga. L. 1965, p. 188), and an Act approved March 31, 1965 (Ga. L. 1965, p. 406), is hereby amended by striking in its entirety paragraph 3 of subsection (a) of section 115 and substituting in lieu thereof a new paragraph 3 to read as follows: 3. Every new trailer, or semi-trailer hereafter sold in this State and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer, horse trailer or boat trailer of less than 2500 pounds gross weight need not be equipped with brakes. Any two or four wheel farm trailer, pulled from a tongue, used in or operated for farm purposes, shall not be required to have an independent braking system thereon,

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provided said farm trailer shall not weigh over 4000 pounds when empty. Trailer brakes. Section 2. Said Act is further amended by adding at the end of subsection (a) of section 115 a new paragraph 6 to read as follows: 6. Every motor vehicle shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designated that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes. Parking brakes. Section 3. Said Act is further amended by striking in its entirety paragraph (1) of subsection (a) of section 126 and substituting in lieu thereof the following: (1) Brakes. The performance ability of brakes shall meet those minimum requirements prescribed by subsection (b) of section 115 of this Act. The brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. In addition, the inspector shall make a visual inspection to insure that

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the vehicle is free from any leaks in the braking system, that no cables are frayed to any great extent and that the rods are in safe condition, that there is at least 1 inch of pedal reserve for power brakes with the brake applied and at least 2 inches of pedal reserve for regular brakes when applied, that there are no loose hubs or loose stud bolts, and that the fluid level in the master cylinder is adequate. The inspector shall remove at least one wheel from the vehicle, except those vehicles equipped with removable plates allowing visual inspection, in order to determine that the brake linings, drums and shoes are in a safe and serviceable condition. No vehicle shall be given a certificate unless it shall be equipped with the brakes required by section 115 of this Act. Section 4. Said Act is further amended by striking paragraph (5) of subsection (a) of section 126 in its entirety and inserting in lieu thereof a new subsection (5) to read as follows: (5) Windshield wiper blades. Every vehicle shall have the windshield wipers located upon the driver's side in good working order, if said vehicle is equipped with a windshield. Section 5. Said Act is further amended by adding immediately after paragraph (13) of subsection (a) of section 126 a new paragraph to be designated paragraph (14) to read as follows: (14) Exhaust systems. The exhaust system of every motor vehicle shall meet those minimum requirements prescribed by section 117 of this Act. Section 6. Said Act is further amended by striking from subsection (c) of section 126B the figure 1.25 and inserting in lieu thereof the figure 3.00, so that subsection (c) of section 126B when so amended shall read as follows: (c) A fee of $3.00 shall be charged for each certificate of inspection and approval, $.25 of which shall be remitted

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to the Director as a regulatory fee, and the Director shall turn the same into the State Treasury. The Director may promulgate rules and regulations governing the remission of such fees by the person issuing the certificate. Inspection fees. Section 6A. The effective date of this Act shall be January 1, 1971. Effective dates. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. CONTRACTS AGAINST PUBLIC POLICY. Code 20-504 Amended. No. 1084 (House Bill No. 1064). An Act to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts in connection with the construction, alteration, repair or maintenance of a building structure, appurtenances an appliances which undertake to hold the promisee free from liability for his own negligence shall be void and unenforceable as against public policy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 20-504, relating to contracts against public policy, is hereby amended by adding thereto the following: A covenant, promise, agreement or understanding in, or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building structure, appurtenances and appliances including moving, demolition and excavating connected

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therewith, purporting to indemnify or hold harmless the promisee against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his agents or employees, or indemnitee, is against public policy and is void and unenforceable; provided that this section shall not affect the validity of any insurance contract, Workmen's Compensation or agreement issued by an admitted insuror., so that when so amended said Code section shall read as follows: 20-504. A contract which is against the policy of the law cannot be enforced; such are contracts tending to corrupt legislation or the judiciary; contracts in general restraint of trade, contracts to evade or oppose the Revenue laws of another country, wagering contracts, contracts of maintenance or champerty. A covenant, promise, agreement or understanding in, or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair or maintenance of a building structure, appurtenances and appliances including moving, demolition and excavating connected therewith, purporting to indemnify or hold harmless the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his agents or employees, or indemnitee, is against public policy and is void and unenforceable; provided that this Section shall not affect the validity of any insurance contract, Workmen's Compensation or agreement issued by an admitted insuror. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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TAX ON OBSCENE MATERIALS. No. 1085 (House Bill No. 1040). An Act to impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby imposed a tax of $500.00 on the sale or renewal of each individual book, magazine, photograph, non-public theater film, or other object of obscene material, which tax shall be returned and paid by the seller or lessor to the State Revenue Commissioner in accordance with the time requirements of Code section 92-5908, relating to time of payment of taxes, as that section now provides or may hereafter be amended to provide. Section 2. The term obscene material, as used in this Act, shall apply to each copy of each book, magazine, photograph, non-public theater film, or other object, as defined by Code Chapter 26-21, relating to distribution of obscene material. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. PRACTICE AND PROCEDUREJURISDICTION OVER NON-RESIDENTS DOING BUSINESS IN GEORGIA. No. 1086 (House Bill No. 1052). An Act to amend an Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission of tortious act within this State or owning, using or possessing real property situated

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within this State, approved March 10, 1966 (Ga. L. 1966, p. 343), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 1419), so as to provide that a court of this State may exercise personal jurisdiction over any non-resident, or his executor or administrator, as to causes of action arising from certain omissions, or from tortious injury in this State caused by an act or omission outside this State if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; to amend section 4 of Act pertaining to venue; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission of tortious act within this State or owning, using or possessing real property situated within this State, approved March 10, 1966 (Ga. L. 1966, p. 343), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 1419), 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 court of this State may exercise personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from any of the acts, omissions, ownership, use or possession enumerated in this section, in the same manner as if he were a resident of the State, if in person or through an agent, he: (a) Transacts any business within this State; or (b) Commits a tortious act or omission within this State, except as to a cause of action for defamation of character arising from the act; or (c) Commits a tortious injury in this State caused by an

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act or omission outside this State if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; or (d) Owns, uses or possesses any real property situated within this State. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. Where personal jurisdiction is based solely upon this act, an appearance does not confer such jurisdiction with respect to causes of action not arising from the conduct enumerated in section 1 of this Act. Section 3. Said Act is further amended by inserting in section 4, after the word act, the words or omission, so that when so amended, said section 4 shall read as follows: Section 4. Venue in cases arising hereunder shall lie in any county wherein the business was transacted, the act or omission occurred, or the real property is located. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. REMOVAL OF DEBRIS FROM SCENES OF ACCIDENTS. No. 1087 (House Bill No. 1071). An Act to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and parts

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of the motor vehicle or vehicles from the street, road or highway prior to his removing any wrecked motor vehicle from the scene of an accident; to provide exceptions; to provide penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The driver of each wrecker truck towing away any vehicle from one scene of a wreck shall also take away all parts belonging to the vehicle which he is towing away or if they consist of small parts or broken glass he shall clear the streets of said small parts and glass, unless the driver is ordered not to do so by the investigating police officer due to circumstances at the scene of the accident. Section 2. Any person violating the provisions of section 1 of this Act shall be guilty of a misdemeanor and punished by a fine not to exceed $100.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. INTEREST ON PAST DUE TAXES. Code 92-5001 Amended. No. 1088 (House Bill No. 1078). An Act to amend Code section 92-5001, relating to interest on taxes due the State and counties, as amended, by an Act approved March 7, 1966 (Ga. L. 1966, p. 253), so as to change the rate of interest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-5001, relating to interest on

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taxes due the State and counties, as amended, by an Act approved March 7, 1966 (Ga. L. 1966, p. 253), is hereby amended by striking the word seven and inserting in lieu thereof the words at the highest legal rate provided by law, so that Code section 92-5001, when so amended, shall read as follows: 92-5001. Rate of Interest. All taxes due the State or any county thereof remaining unpaid on December 20th in each year shall bear interest at the highest legal rate provided by law, per annum from said date, and the several tax collectors shall collect the interest on such unpaid taxes and account for same in their final settlements, provided that the minimum interest payment on such unpaid taxes shall to be one dollar. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. REWARDS AUTHORIZED IN CERTAIN CASES. Code 27-101.1 and 27-101.2 Enacted. No. 1089 (House Bill No. 1117). An Act to amend Code Chapter 27-1 relating to proceedings prior to arrest, as amended, so as to provide for a reward to be paid to certain persons furnishing information leading to the arrest and conviction of certain persons charged with the crime of murder or voluntary manslaughter; to provide for rewards to be paid to persons furnishing information leading to the arrest and conviction of persons charged with the crime of selling dangerous drugs or nacrotic drugs or both; to provide the procedures 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. Code Chapter 27-1 relating to proceedings prior to arrest, as amended, is hereby amended by adding two new Code sections between Code sections 27-101 and 27-102 to be designated Code section 27-101.1 and Code section 27-102.2 and to read as follows: 27-101.1 Reward for arrest and conviction of murderers of law enforcement officers. Any person except a person who shall be charged with the power, duty and responsibility of enforcing the criminal laws of this State, who furnishes the necessary information which leads to the identification, apprehension and conviction of a person who has committed the crime of murder or voluntary manslaughter and the victim of such crime was a law enforcement officer acting in the line of duty at the time of the commission of such crime, may be entitled to receive a reward in an amount up to $10,000.00. No such reward, under the terms of this Code section, shall be awarded unless the information furnished possessed such unique qualities that without the divulgence thereof by the person claiming the reward, the identity of the perpetrator of such crime and the evidence leading to his conviction would not have been readily ascertainable from other sources during the ordinary course of a routine investigation of the crime. Said reward shall be paid at the time the conviction becomes final after all appeals have been exhaused. The Governor may pay such reward to any such person from funds appropriated to the Executive Branch of the State Government for such purpose. In those instances in which, in the judgment of the Governor, one or more persons should be entitled to the reward, the Governor shall direct the division of the reward among those entitled thereto at his discretion or he may rely upon the advice of the District Attorney or other official prosecuting the case as to the appropriate division thereof. 27-101.2 Rewards for arrest and conviction of drug sellers. (a) Any person, other than a law enforcement officer, who furnishes information leading to the arrest and conviction of a person who is charged with selling dangerous

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drugs under Code Section 79A-703, or who is charged with selling narcotic drugs under Code section 79A-803, or who is charged with selling drugs under both Code Sections, may receive a reward of up to $200.00 which shall be payable at the time the conviction becomes final. The Governor, at his discretion, may pay such reward to any such person from funds appropriated or otherwise available to the Executive Branch of the State Government. (b) Counties and municipalities wherein the crime was committed are hereby authorized, but not required, to supplement or make rewards to persons pursuant to subsection (a) of this Section in an amount not to exceed $200.00 paid from county funds and $200.00 paid from municipal funds for each such person. Any rewards paid pursuant to this Section shall be paid at the time the conviction becomes final from the funds of any such county or municipality or from the funds of any such county and municipality, as the case may be. It is hereby declared that any funds expended pursuant to this subsection shall be expended for a public purpose. (c) When more than one person furnishes information which would entitle them to receive the rewards pursuant to subsections (a) and (b) of this section, such rewards shall be paid to the first person furnishing such information, and if more than one person furnishes such information at the same time, such rewards shall be prorated among all persons furnishing such information. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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GEORGIA SECURITIES ACT AMENDED. No. 1090 (House Bill No. 1156). An Act to amend an Act known as the Georgia Securities Act, approved February 26, 1957 (Ga. L. 1957, p. 134), as amended, so as to redefine the term security; 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 Securities Act, approved February 26, 1957 (Ga. L. 1957, p. 134), as amended, is hereby amended by striking subsection (i) of section 1 in its entirety and substituting in lieu thereof a new subsection (i) to read as follows: (i) `Security' shall mean any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, investment certificates, certificate of interest or participation, certificate of interest in oil, gas, or other mineral rights, collateral trust certificate, preorganization certificate or subscription, preincorporation certificate or subscription, transferrable 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 further mean all contracts which entitle the purchaser under such contracts to receive from the vendor compensation for services performed or to be performed under such contracts, whether such compensation shall be in the form of (1) discounts or special rates not afforded to the general public on goods to be purchased, or (2) any other compensation whatever accruing to such purchaser for such services under such contract, provided that such compensation for the same or similar services shall not be available to others not a party to such contracts. `Security' shall not mean any insurance or endowment policy or annuity contract under which an insurance

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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. Security defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDED. No. 1092 (House Bill No. 1194). An Act to amend an Act entitled Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, so as to change the method of financing the cost of administration and the cost of assistance and child welfare programs; to amend an Act relating to the administration of the Public Welfare Laws, approved March 27, 1941 (Ga. L. 1941, p. 485), as amended, by deleting therefrom the provisions pertaining to the requirements that the various counties contribute to the total cost of administration and assistance programs; to amend an Act relating to the financing of child welfare programs and youth services approved March 14, 1963 (Ga. L. 1963, pp. 81-121); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. An Act entitled Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, is hereby amended by striking in its entirety section 17 and substituting in lieu thereof a new section 17 to read as follows:

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Section 17. The cost of administration and the cost of assistance provided under any of the categories of assistance authorized under section 3 of this Act shall be met from such funds as shall be made available therefor from State and Federal appropriations. No county shall be required to participate in the cost of such assistance or in the cost of the administration thereof. Cost of administration. Section 2. An Act relating to the administration of the Public Welfare Laws, approved March 27, 1941 (Ga. L. 1941, p. 485), as amended, is hereby amended by striking in its entirety section 1. Section 3. An Act entitled Children and Youth Act approved March 14, 1963 (Ga. L. 1963, pp. 81-121) is hereby amended by striking in its entirety section 9(c) and substituting in lieu thereof a new section 9(c) to read as follows: Section 9(c). The cost of all child welfare benefits and services and the cost of administration thereof, authorized by this Act, shall be met from such funds as shall be made available therefor from Federal and State appropriations. No county shall hereafter be required to participate in the cost of any child welfare benefit or service or in the cost of administration thereof. For the purpose of this Act, administrative costs shall mean salaries and traveling expenses of the director of family and children services and other employees of the staff of the county or district department engaged in the performance of child welfare and youth services provided for under the terms of this Act. 1963 Act amended. Section 4. The effective date of this Act shall be July 1, 1971. Effective date. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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STATE BOARD OF BARBERS ACT AMENDED. Code 84-401, 84-410.1 Amended. No. 1094 (House Bill No. 1309). An Act to amend Code Chapter 84-4, relating to the licensing, regulation and control of barbers and manicurists, as amended, so as to change certain definitions; to provide that a barber shop may have two apprentices; to change certain of the provisions as they pertain to the examination and certificate of registration of apprentices; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-4, relating to the licensing, regulation and control of barbers and manicurists, as amended, is hereby amended by striking from subsection (e) of Code section 84-401, relating to the definition of certain terms, the following: one person and substituting in lieu thereof the following: two persons, so that when so amended, subsection (e) shall read as follows: (e) `Barber school' or `barber college' shall mean any business entity that trains or instructs more than two persons for compensation in the occupation of barbering. Barber school defined. Section 2. Said Chapter is further amended by striking from Code section 84-410.1, relating to the provisions applicable to apprentices and the supervision of students learning the occupation of barbering, is hereby amended by striking from the end of the first paragraph thereof the following: one apprentice.

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and substituting in lieu thereof the following: two apprentices. and by adding at the end thereof the following paragraph: When an apprentice, learning the occupation of barbering in a barber shop, has completed 5,000 hours training, said apprentice shall be required to stand an examination for master barber licenses at the next meeting of the Barber Board following the completion of training, and no apprentice certificate of registration shall be renewed beyond the completion of 10,000 hours apprenticeship training. so that when so amended Code section 84-410.1 shall read as follows: 84-410.1. Apprentices learning the occupation of a barber in a barber shop shall be supervised by at least one barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber for each apprentice and no barber shop shall have more than two apprentices. Students learning the occupation of barbering in a barber school or college shall not render any services to the public, except to the students and faculty of such school or college, unless while rendering such services, such students are under the supervision of at least one barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber or under the supervision of an instructor of such barber school or college who, himself, has had at least three (3) years experience and has been a master barber for a period of three years for each ten (10) students or less. Such supervisor shall not perform any other duties or pursue the occupation of barbering while performing his duties as such supervisor. When an apprentice, learning the occupation of barbering in a barber shop, has completed 5,000 hours training,

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said apprentice shall be required to stand an examination for master barber licenses at the next meeting of the Barber Board following the completion of training, and no apprentice certificate of registration shall be renewed beyond the completion of 10,000 hours apprenticeship training. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. STATE PROPERTIES CONTROL CODE AMENDEDPOWERS OF COMMISSION. Code 91-104A-1 Enacted. No. 1095 (House Bill No. 1325). An Act to amend the State Properties Control Code, approved February 21, 1964 [Ga. L. 1964, pp. 146-158, (Chapters 91-1A of the Code of Georgia)], as amended, so as to create a new section of the State Properties Control Code which said new section shall be designated, entitled and known as Section 91-104A.-1 Additional Discretionary Powers of the State Properties Control Commission and which said new section shall empower and authorize the State Properties Control Commission, at its sole discretion, to consider renegotiating, clarifying, modifying, varying, altering, or changing, for an immediately resulting benefit to the State of Georgia, any of the provisions, covenants, terms, and conditions of any and all presently existing leases of any ground rights, underground rights, and/or air rights of the property of the State of Georgia commonly known and referred to as the Western and Atlantic Railroad property, and including such property as may have in the past been leased as part of the Western and Atlantic Railroad but which is now being separately administered by the State of Georgia, and to prepare an amendment to any such presently

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existing lease; to provide for the submission of any such amendment to the General Assembly of Georgia for adoption or rejection prior to the said amendment becoming effective or binding on the parties of the said presently existing lease; to provide the procedure for the submission of any such amendment to the General Assembly of Georgia for adoption or rejection; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the State Properties Control Code, approved February 21, 1964 [Ga. L. 1964, pp. 146-158, (Chapter 91-1A of the Code of Georgia)] as amended, is hereby further amended so as to create a new section in the State Properties Control Code which said new section shall be designated, entitled and known as section 91-104A.-1 Additional Discretionary Powers of the State Properties Control Commission and which said new section shall be as follows: Section 1. Section 91-104A.-1 Additional Discretionary Powers of the State Properties Control Commission. (a) Notwithstanding any other prior provision of law to the contrary, the State Properties Control Commission is hereby empowered and authorized to act in its sole discretion as follows: (i) to consider renegotiating, clarifying, modifying, varying, altering, or changing, for an immediately resulting benefit to the State of Georgia, any of the provisions, covenants, terms, and conditions of any and all presently existing leases of any ground rights, underground rights, and/or air rights of the property of the State of Georgia commonly known and referred to as the Western and Atlantic Railroad property, and including such property as may have in the past been leased as part of the Western and Atlantic Railroad but which is now being separately administered by the State of Georgia; and (ii) to prepare an amendment to any such presently existing lease and submit the said amendment to the General

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Assembly of Georgia for adoption or rejection if the State Properties Control Commission considers and subsequently renegotiates a said presently existing lease with the lessee and any assignee(s) of the lessee and after the said renegotiation determines that it would be immediately beneficial to the State of Georgia to clarify, modify, vary, alter, or change one or more of the provisions, covenants, terms, and conditions of a said presently existing lease; (b) Any such amendment that is so prepared by the State Properties Control Commission and submitted to the General Assembly of Georgia for adoption or rejection shall not become effective or binding on the parties to the said presently existing lease unless and until the said amendment is adopted by the General Assembly of Georgia: (c) The State Properties Control Commission shall prepare the provisions of any amendment to any such presently existing lease in at least four counterparts all of which shall be fully executed by the lessee and any assignee(s) of the lessee with the same requisites, formality, attestation and acknowledgment 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. A Resolution, to which is attached an exact copy of the proposed amendment and an exact copy of the presently existing lease, shall be introduced in the General Assembly of Georgia in either the House of Representatives or the Senate, if then in regular session, or, if not in regular session at such time, at the next regular session of the General Assembly of Georgia. 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 of Representatives and Senate of the General Assembly of Georgia. Such Resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate. such submission to the General Assembly of Georgia shall constitute a request of the lessee, any assignee(s) of the lessee, and the State Properties Control Commission to the General Assembly of Georgia for adoption of the said amendment and the said request to the General Assembly

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of Georgia shall not under any circumstances be subject to revocation by the lessee, any assignee(s) of the lessee or the State Properties Control Commission unless the said amendment is rejected by the General Assembly of Georgia. 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 of the General Assembly of Georgia, the chairman of the State Properties Control Commission shall forthwith execute such amendment for and on behalf of the State Properties Control Commission and the State of Georgia and thereupon all parties shall be bound by such amendment to any said presently existing lease. Section 2. The provisions of this Act shall become effective upon its approval by the Governor of Georgia or upon its becoming law without the approval of the Governor of Georgia. Effective date. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 20, 1970. EDUCATIONSALARY DEDUCTIONS FOR ANNUITY CONTRACTS. No. 1096 (House Bill No. 1326). An Act to authorize and direct county and independent school system boards of education and county and independent school system school superintendents to accept, adopt and withhold salary deductions for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The several county and independent school system boards of education and county and independent school system school superintendents are hereby authorized and directed to accept, adopt and withhold salary deductions for the previously obtained annuity contracts of school teachers hired from other Georgia school systems, when the county and independent school system boards of education or county and independent school system school superintendents had notice or knowledge of the annuity contracts before hiring any of the aforesaid teachers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. EDUCATIONUSE OF SICK LEAVE BY TEACHERS. No. 1097 (House Bill No. 1339). An Act to amend an Act providing sick leave for the teachers of the public schools of this State, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec., p. 43), so as to provide that up to a maximum of three days accumulated sick leave may be used by any teacher for the purpose of absenting himself for any personal or professional reason, if prior approval of such absence was obtained from the superintendent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing sick leave for the teachers of the public schools of this State, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec., p. 43), is hereby amended by adding between sections 1 and 2 a new Section to be known as section 1A and to read as follows: Section 1A. During any school year, a teacher may utilize

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up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from his duties for personal or professional reasons, if prior approval of his absence is given by the superintendent or his authorized representative. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDFISH FEED, ETC. No. 1098 (House Bill No. 1346). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to exempt fish feed from the taxes imposed by said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by striking subparagraph (b) of section 3(c)2 in its entirety and inserting in lieu thereof a new subparagraph (b) of section 3(c)2, to read as follows: (b) Seed, fertilizers, insecticides, fungicides, rodenticides, herbicides, defoliants, soil fumigants, plant growth regulating chemicals, desiccants (including shavings and sawdust from wood, peanut hulls, fullers earth, straw and hay) and feed for livestock, fish or poultry when used either directly or in tilling the soil or in animal, fish or poultry husbandry.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. PUNISHMENT FOR OBTAINING, ETC. DANGEROUS DRUGS. Code 79A-9910 Amended. No. 1099 (House Bill No. 1352). An Act to amend Code section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug or drug regulated by Chapters 79A-7, 79A-8 or 79A-9, so as to delete all references to Chapters 79A-8 and 79A-9, thus permitting punishment for violations of said Chapters to be governed by Code sections 79A-9911 and 79A-9915; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug or drug regulated by Chapters 79A-7, 79A-8 or 79A-9, is hereby amended by striking same in its entirety and inserting in lieu thereof the following: 79A-9910. Obtaining or attempting to obtain drugs regulated by Chapter 79A-7 by fraud, forgery, concealment of material fact, or use of false name or address. Any person who shall obtain or attempt to obtain any `dangerous drug' as defined in Chapter 79A-7 or shall attempt to procure the administration of any such drug by: (a) Fraud, deceit, misrepresentation or subterfuge; (b) The forgery or alteration of any prescription or of any written order;

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(c) The concealment of a material fact; or (d) The use of a false name or the giving of a false address; shall be guilty of a misdemeanor and punished as provided by law: Provided, however, that nothing in this section shall apply to drug manufacturers, their agents or employees, when such manufacturers, their agents or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of said manufacturer's trade-mark. Approved March 20, 1970. POSSESSION, ETC. OF LYSERGIC ACID DIETHYLAMIDE (LSD). Code 79A-9916 Enacted. No. 1100 (House Bill No. 1353). An Act to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that the manufacture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide (LSD) shall be a felony and be punished by a fine of not more than $2,000.00 or by imprisonment in the penitentiary for not less than two nor more than five years, or both; for conviction of a second offense, the punishment shall be by a fine of not more than $3,000.00 or by imprisonment in the penitentiary for not less than five nor more than ten years, or both; for conviction of a third or subsequent offense, the punishment shall be by a fine of not more than $5,000.00 or by imprisonment in the penitentiary for not less than ten nor more than twenty years, or both; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, is hereby amended by adding to the end thereof a new Code section, to be designated as 79A-9916, to read as follows: 79A-9916. Notwithstanding any provision in this Code Title or other law to the contrary, any person who manufactures, processes, distributes, obtains or possesses Lysergic Acid Diethylamide (LSD) shall be guilty of a felony and shall, upon conviction, be punished by a fine of not more than $2,000.00 or by imprisonment in the penitentiary for not less than two nor more than five years, or both. For conviction of a second offense, the offender shall be punished by a fine of not more than $3,000.00 or by imprisonment in the penitentiary for not less than five years nor more than ten years, or both. For conviction of a third or subsequent offense, the offender shall be punished by a fine of not more than $5,000.00 or by imprisonment in the penitentiary for not less than ten nor more than twenty years, or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. SEIZURE OF DANGEROUS DRUGS, ETC. BY LAW ENFORCEMENT OFFICERS. Code 79A-905 Amended. No. 1101 (House Bill No. 1354). An Act to amend Code section 79A-905, relating to seizure of certain drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise, equipment and articles pursuant to said section, in like manner and authority as the State Board of

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Pharmacy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 79A-905, relating to seizure of certain drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, is hereby amended by inserting in subsection (a) thereof, in the first sentence, the following: any law enforcement official or by, after the word by and before the word a, so that when so amended subsection (a) of said Section shall read as follows: (a) The following may be seized without warrant by any law enforcement official or by a duly authorized agent of the State Board of Pharmacy or drug inspector appointed under the provision of Chapter 79A-3 whenever he has reasonable grounds to believe they are: (1) A depressant or stimulating drug with respect to which a prohibited act within the meaning of section 79A-904 has occurred, (2) a drug that is a counterfeit, (3) a container of such depressant or stimulant drug or of a counterfeit drug, (4) equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of section 79A-904 has occurred, (5) any punch, die, plate, stone, labeling, container or other thing used or designed for use in making a counterfeit drug or drugs, and (6) any conveyance being used to transport, carry or hold a depressant or stimulant drug with respect to which a prohibited act within the meaning of section 79A-904 has occurred; or any conveyance being used to transport, carry or hold a counterfeit drug in violation of section 79A-907(b). As used in this paragraph the term `conveyance' includes every description of vehicle, vessel, aircraft, or other contrivance used or capable of being used as a means of transportation on land, in water, or through the air.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. PUBLICATION OF LIST OF DANGEROUS DRUGS BY STATE DRUG INSPECTOR. Code 79A-306 Enacted. No. 1102 (House Bill No. 1357). An Act to amend Code Chapter 79A-3, relating to drug inspectors, so as to authorize the State drug inspector to compile, publish and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons or which have the potential for abuse, and a description of same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 79A-3, relating to drug inspectors, is hereby amended by adding thereto a new Code section, to be designated as 79A-306, to read as follows: 79A-306. The State drug inspector is hereby authorized and directed to compile, publish, keep current and distribute a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons, or which have the potential for abuse, and descriptions of same (taste, smell, physical features and feel). The drug inspector shall provide, for such fee as he deems reasonable, such number of said pamphlets to law enforcement officials, school officials, parents and other interested citizens, as are requested. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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GAME AND FISHSEIZURE AND DISPOSAL OF CONTRABAND WILDLIFE. No. 1104 (House Bill No. 1375). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to change the provisions for disposing of contraband wildlife or parts thereof which has been seized under the provisions of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 paragraph (e) of section 18 of said Act in its entirety and inserting in lieu thereof a new paragraph (e) to read as follows: (e) To seize and take possession of all wildlife or parts thereof, taken, caught, killed, captured or in possession, or under control, or which have been shipped or are about to be shipped at any time in any manner or for any purpose contrary to the laws, rules and regulations pertaining to wildlife. Section 2. 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 section 70A of said Act in its entirety and inserting in lieu thereof a new section 70A to read as follows: 70A. Wildlife rangers, sheriffs and other peace officers of this State or any county or municipality thereof shall seize any wildlife taken, captured, killed or possessed in violation

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of the wildlife laws and regulations, which shall be sold or disposed of in such manner as the Director of the State Game and Fish Commission may direct, any time after the expiration of 30 days following such seizure, unless the owner thereof or the person in possession at the time of the seizure files claim within such time in the city, county or superior court having jurisdiction in the county where such seizure was made, which claim shall be tried as other civil cases in said court. 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 March 20, 1970. SECURITIES IN LIEU OF BONDS BY STATE DEPOSITORIES. Code 100-108 Amended. No. 1105 (House Bill No. 1377). An Act to amend Code section 100-108, relating to bonds given by State depositories and to the giving of securities in lieu of bonds, as amended, particularly by an Act approved March 29, 1968 (Ga. L. 1968, p. 485), so as to authorize the use of loans guaranteed by the Georgia Higher Education Assistance Corporation as security for deposits of State funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 100-108, relating to bonds given by State depositories and to the giving of securities in lieu

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of bonds, as amended, particularly by an Act approved March 29, 1968 (Ga. L. 1968, p. 485), is hereby amended by adding to the end thereof the following: Notes fully guaranteed by the Georgia Higher Education Assistance Corporation and reinsured by the United States Government pursuant to the Higher Education Act of 1965 (P.L. 89-329, 89th Congress), as amended, may without physical transfer and at a value equal to eighty percent of the principal amount thereof be pledged as collateral for State funds on deposit with a depository upon certification by the Corporation as frequently as required that according to its records fully guaranteed and reinsured notes in the amount pledged are owned and in the possession of said depository and not subject to any other pledge or assignment. so that when so amended said Code section shall read as follows: 100-108. State's deposit limited to amount of bond. Securities in lieu of bond. The Treasurer of this State shall not deposit at any one time, or have on deposit at any one time in any one of the depositories for a longer time than 10 days, a sum of money belonging to this State that exceeds the bond given by said depository to the State. The Treasurer shall check from any depository the amount of the State's money that said depository holds in excess of its bonds and pay the sum into the Treasury: Provided, that a State depository may be allowed to hold a sum greater than $50,000, but not in excess of $100,000, upon such depository giving a new bond to cover the maximum amount to be deposited with it, and when such new bond has been executed and delivered to the Governor the old bond shall be discharged and surrendered. The bond to be given by State depositories, whether State or national banks, shall be a surety bond signed by a surety company duly qualified and authorized to transact business in this State, in a sum equal to the amount of money to be deposited with such depository: Provided, that in lieu of such surety bond the State depository may deposit with the State Treasurer bonds, bills, certificates of indebtedness, notes or other obligations

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of the United States or of this State; or bonds, bills, certificates of indebtedness, notes or other obligations of the counties or municipalities of this State; or bonds of any public authority created by law if the statute creating such authority provides that the bonds of such authority may be used for this purpose, satisfactory to the State Treasurer, which have been duly validated as provided by law, and as to which there has been no default in payment either of principal or interest; or industrial revenue bonds or bonds of development authorities which have been duly validated as provided by law and as to which there has been no default in payment either of principal or interest. A State depository may secure deposits made with it, in part by a surety bond and in part by a deposit of any or all of the bonds, bills, certificates of indebtedness, notes or other obligations above mentioned or by either method. A State depository may deposit with the State Treasurer bonds, bills, certificates of indebtedness, notes or other obligations of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to principal and interest, and the guarantee of the Federal Deposit Insurance Corporation shall be accepted as collateral by the State Treasurer to cover State funds on deposit in State depositories to the extent authorized by Federal law governing the Federal Deposit Insurance Corporation. Notes fully guaranteed by the Georgia Higher Education Assistance Corporation and reinsured by the United States Government pursuant to the Higher Education Act of 1965 (P.L. 89-329, 89th Congress), as amended, may without physical transfer and at a value equal to eighty percent of the principal amount thereof be pledged as collateral for State funds on deposit with a depository upon certification by the Corporation as frequently as required that according to its records fully guaranteed and reinsured notes in the amount pledged are owned and in the possession of said depository and not subject to any other pledge or assignment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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UNIFORM NARCOTIC DRUG ACT AMENDED. Code Title 79A Amended. No. 1106 (House Bill No. 1378). An Act to amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to delete all references to marijuana from Chapter 79A-8, known as the Uniform Narcotic Drug Act, and to provide that marijuana or any substance containing any quantity of marijuana, or the substance known as tetrahydrocannibinol or any salt, derivative, compound, or manufacture thereof, whether natural or synthetically produced shall be included within the definition of depressant or stimulant drug in Code Chapter 79A-903; to further define marijuana; to amend Code Section 79A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered paragraph of said Section, and substituting in lieu thereof the words any person, so that the provisions of said unnumbered paragraph shall be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; to exempt marijuana from coverage of said third unnumbered paragraph; to change the punishments contained therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 79-A, relating to pharmacists, pharmacy, and drugs, as amended, is hereby amended by striking from subsection (14) of section 79A-802 the following: marijuana,, so that when so amended said subsection (14) shall read as follows: (14) `Narcotic drugs' means coca leaves, opium, isonipecaine, and every other substance neither chemically nor physically distinguishable from them and any other drugs to which the Federal laws relating to narcotic drugs may now apply; and any drug found by the Georgia State Board

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of Pharmacy to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine. Code 79A-802 amended. Section 2. Said Code Title is further amended by creating a subparagraph 5 of subsection (b) of section 79A-903, which shall read as follows: 5. Every substance containing any quantity of marijuana; or the substance known as tetrahydrocannibinol or any salt, derivative, compound, or manufacture thereof whether natural or synthetically produced; provided, that the term `marijuana' shall mean all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but the term shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Code 79A-903 amended. Section 3. Said Code Title is further amended by striking the third unnumbered paragraph of Code section 79A-9911 and inserting in lieu thereof the following: Provided, however, any other provisions of this Section to the contrary notwithstanding, any person, who, by himself, agent, or through any other person, gives, sells, offers for sale, barters, or exchanges with any person any narcotic in violation of the provisions of said Chapter, shall be guilty of a felony, and upon the first conviction thereof shall be punished by imprisonment in the penitentiary for not less than five nor more than ten years: Provided further, however, that any person who shall be convicted for the second or any subsequent offense, as set out in the preceding proviso, shall be guilty of a felony, and upon conviction, shall be punished by imprisonment for a period of not less than ten years nor more than twenty years, and it shall be within the discretion of the judge to sentence such person to life imprisonment. Code 79A-9911 amended.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. ACT PROVIDING FOR REGISTRATION, ETC. OF CEMETERIES AMENDED. No. 1109 (House Bill No. 1416). An Act to amend an Act entitled 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., approved April 4, 1969 (Ga. L. 1969, p. 242), so as to provide that the assets of the trust funds required to be established may be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies; to provide that trust funds established by cemeteries prior to the effective date of said Act may be continued or a new trust fund may be established; to provide that the assets of cemetery perpetual care trust funds established prior to the effective date of said Act may likewise be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies; 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 registration and regulation of cemeteries; to define terms; to provide for signs; to provide for mandatory contractual

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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., approved April 4, 1969 (Ga. L. 1969, p. 242), is hereby amended by striking section 3 thereof in its entirety and substituting in lieu thereof a new section 3 to read as follows: 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 may be added to and used in accordance with the provisions of this Act or said cemetery, in its sole discretion, may establish a new trust fund pursuant to the terms of this Act which shall be governed in all respects by this Act. Provided, further, that any cemetery which has sold all of its lots, grave spaces, niches, or crypts and is unable 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 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

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apply to property sold prior to the effective date of this Act, if he so desires. The assets of said trust fund, including any trust fund established by a cemetery as a perpetual care fund prior to the effective date of this Act, shall be invested and reinvested subject to all of 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; and subject to like terms, conditions, limitations and restrictions the administrator or trustee of said trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments. Trust funds, etc. Provided, however, that the provisions of Section 56-1005 (4) of the Georgia Insurance Code (Ga. L. 1966, pp. 240, 241), relating to the limitation of investment of insurance reserves in common stocks, shall not apply to said cemetery perpetual care trust 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 March 20, 1970. CRIMESSTEALING, ETC. FISH RAISED UNDER A FISH FARMING PROGRAM. No. 1110 (House Bill No. 1432). An Act to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program; to provide penalties for violations; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program. Section 2. Any person violating any provision of section 1 of this Act shall be guilty of a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. SECRETARIAL ASSISTANCE FOR COURT REPORTERS IN CERTAIN CIRCUITS BASED ON SIZE OF COUNTIES (19,000-19,500 AND 28,100-28,800). No. 1111 (House Bill No. 1436). An Act to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; to provide for the payment of the compensation for such assistance; 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 official court reporter of each judicial circuit of this State composed of a county having a population of not less than 28,100 and not more than 28,800 and a county having a population of not less than 19,000 and not more than 19,500, according to the 1960 United States Decennial Census or any such future census, is hereby authorized to employ a secretary for the purpose of assisting said court reporters in the discharge of the official duties of their offices. The largest county in any such judicial circuit shall make available to the court reporter the sum of one

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hundred fifty ($150) dollars per month and the smallest county in such circuit shall make available the sum of one hundred ($100) dollars per month to said court reporter for the purpose of compensating any such secretary. 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. Approved March 20, 1970. MOUNTAIN JUDICIAL CIRCUITTERMS. No. 1112 (House Bill No. 1452). An Act to amend an Act creating the Mountain Judicial Circuit, approved February 7, 1949 (Ga. L. 1949, p. 266), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 272), an Act approved March 24, 1965, (Ga. L. 1965, p. 257), and an Act approved March 28, 1967 (Ga. L. 1967, p. 142), so as to change the terms of court for certain counties comprising said 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 Mountain Judicial Circuit, approved February 7, 1949 (Ga. L. 1949, p. 266), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 272), an Act approved March 24, 1965 (Ga. L. 1965, p. 257), and an Act approved March 28, 1967 (Ga. L. 1967, p. 142), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows:

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Section 2. That the terms of court for said counties shall be regularly held as follows: Habersham: The first Monday in February; the fourth Monday in June; and the first Monday in November of each year. Rabun: The fourth Monday in February; the first Monday in August; and the fourth Monday in November of each year. Stephens: The second Monday in January; the second Monday in May; and the second Monday in October of each year. Towns: The fourth Monlay in March; the first Monday in June; and the third Monday in September of each year. Union: The third Monday in April; the fourth Monday in August; and the second Monday in December of each year. That the grand juries of the counties of this circuit shall convene as heretofore provided by law for such counties; and whenever in the opinion of the judge of said courts, 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 terms of court. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise 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 20, 1970.

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GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED. No. 1113 (House Bill No. 1459). An Act to amend an Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, so as to authorize the Executive Director of said Corporation to employ personnel, to contract for services, and to expend funds for same; to provide for payment of certain court costs and other expenses; to change the amount of loans which may be guaranteed by the Corporation; to authorize the Board to define certain terms and phrases; to authorize the Board to prescribe maturity and repayment terms, and provide for minimum payments on loans; to provide for regulation of disbursement of loan funds and evidencing of loans on Corporation note forms; to authorize guarantee of loans made by eligible lenders irrespective of source of funds; to provide for sale of loans and interests therein under certain conditions; to authorize pledge and assignment of guaranteed loans as security under certain conditions; to provide for maintenance of student loan insurance fund at a ratio to outstanding loans prescribed by the board and use of Federal reinsurance credit in calculating the fund and guarantee capacity of the Corporation; to authorize the Board to authorize deferment and forbearance in the repayment of loans; to provide for continuance of loan guarantee 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. An Act creating the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, is hereby amended by striking from subparagraph (b) of section 4, the following: The Executive Director and Treasurer of the Corporation shall be authorized to employ such other professionally

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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. Repealed. and by inserting in lieu thereof the following: He shall be authorized to employ 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 Corporation and effectuate the purposes hereof; provided, however, that all legal services for the Corporation shall be rendered by the Attorney General or by an attorney-at-law designated by him. Non-contractual full-time personnel employed 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 amended. The Executive Director shall be authorized to purchase the services of persons and agencies specializing in the tracing and location of debtors and the collection of accounts receivables, and to pay costs associated with the purchase of such services, attorney fees and expenses, court costs, and other expenses associated with collection of funds owed to the Corporation, from funds available to the Corporation's student loan insurance fund or student loan interest fund, as may be applicable, or from any other funds appropriated to the Corporation for operating expense purposes. Employees, etc. Section 2. Said Act is further amended by striking subparagraph (1) of section 5 and by inserting in lieu thereof the following: (1) To authorize the Corporation to guarantee payment, in the event of default, and subject to limitations, terms and conditions prescribed by the Board, of educational loans made by eligible lenders to residents of this State who are attending or who plan to attend colleges in this State or elsewhere as a full-time student in an amount not to exceed:

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$1,200 for each academic year of study or its equivalent at the undergraduate level, which shall be deemed to include any academic year of study or its equivalent in an eligible business or trade school, technical institution, or vocational/technical school providing an approved program of study at the post-secondary level; or Powers. $1,500 for each academic year of study or its equivalent at the graduate level; provided, however, that the aggregate insured unpaid principal amount outstanding on all loans guaranteed for any one student shall not at any time exceed $7,500; and provided further, however, in the case of a student already attending an eligible educational institution, that he be in good standing there as determined by the educational institution. Students classified by the educational institution as being a half-time student shall be eligible to have educational loans made to them by an eligible lender guaranteed by the Corporation in an amount not to exceed one-half of the amount prescribed above in any academic year of study or its equivalent according to the student's undergraduate or graduate level classification. The Board shall be authorized to define the meaning of the terms event of default, full-time student, half-time student, academic year of study or its equivalent, and all other terms and phrases used in this Act to the extent that the same require further clarification or definition by the Board for administrative purposes or in order to effectively carry out the purposes of this Act. Section 3. Said Act is further amended by striking subparagraph (9) of section 5 and by inserting in lieu thereof a new subparagraph (9), to read as follows: (9) Subject to the provisions of subparagraph (8) of this section, and section 15A of this Act, to prescribe by regulation all terms, periods of time involved, and conditions respecting maturity and repayment of loans guaranteed by the Corporation, provided, however, so long as the same

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shall not be in conflict with applicable Federal law, that the total of the payments to be made by a borrower during any year of any repayment period with respect to the aggregate amount of all loans made to the borrower and guaranteed by the Corporation or otherwise made to the borrower under provisions of the Higher Education Act of 1965 of 1965 (P.L. 89-329, 89th Congress), as now or may hereafter be amended, respectively, shall not be less than $360 or the balance of all such loans (together with interest thereon), whichever amount is less. Loans. Section 4. Said Act is further amended by striking section 8 in its entirety and by inserting in lieu thereof a new section 8, to read as follows: Section 8. Loans approved by the Corporation shall be disbursed to student borrowers in accordance with applicable provisions of State and Federal law and regulations of the Board, and shall be evidenced by properly executed notes on note forms prepared and furnished to lenders for this purpose by the Corporation. Consolidation of two or more loan obligations guaranteed by the Corporation and made by a lender to an individual student borrower into a consolidated note form provided for this purpose by the Corporation shall not affect the guarantee of the Corporation on the individual loan obligations consolidated, and shall carry over to the consolidated note, provided, however, that each individual loan obligation consolidated into a consolidated note shall continue to earn the same interest rate and interest benefits payable thereon as was provided by law at the time each such individual loan was initially guaranteed or disbursed, as may be applicable. Disbursement of loans. Section 5. Said Act is further amended by creating a new section, to be designated as Section 8A, to read as follows: Section 8A. Loans made to eligible students by eligible lenders in accordance with provisions of this Act shall be eligible for guarantee by the Corporation whether made from funds fully owned by the lender or from funds held by

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the lender in a trust or similar capacity and available for such loans. Loans. Section 6. Said Act is further amended by creating a new section, to be designated as Section 8B, to read as follows: Section 8B. Lenders shall be authorized to sell loans guaranteed by the Corporation, or a participating interest in loans guaranteed by the Corporation, to another eligible lender, in accordance with regulations prescribed by the Board, and in such event the guarantee liability of the Corporation on such loan or loans or interests therein shall not be affected. Sale of loans. Section 7. Said Act is further amended by creating a new section, to be designated as Section 8C, to read as follows: Section 8C. Lenders shall be authorized to pledge or assign loans guaranteed by the Corporation, or an interest owned in loans guaranteed by the Corporation, as security, as may now or hereafter be authorized by applicable State or Federal law or regulations prescribed by the Board, and in such event the guarantee liability of the Corporation on such loan or loans or interests therein shall not be affected. Pledge of loans. Section 8. Said Act is further amended by adding to section 14 the following: The student loan insurance fund shall be maintained at an adequate ratio to principal outstanding on all loans guaranteed by the Corporation as prescribed by the Board, provided, however, that in determining the amount of the Corporation's student loan insurance fund and the loan guarantee capacity of the Corporation based on such ratio, the Corporation shall be authorized to consider and include as a part of the Corporation's student loan insurance fund the amount of Federal loan reinsurance credit available to the Corporation pursuant to applicable provisions of the Higher Education Act of 1965 (P.L. 89-329, 89th Congress), as now

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or may hereafter be amended, and provisions of any reinsurance guaranty agreements entered into between the Corporation and the United States Commissioner of Education in accordance with provisions of said Act. Loan insurance. Section 9. Said Act is further amended by striking section 15A in its entirety and by inserting in lieu thereof a new section 15A, to read as follows: Section 15A. The Board may be regulation authorize lenders to defer the repayment of guaranteed loans, and to grant forbearance in the repayment of guaranteed loans for the benefit of the student borrower, for such reasons and periods of time and in accordance with such terms and conditions as the Board may prescribe by regulation. Any period of deferment granted to a student borrower shall be excluded in determining the period specified in section 5(8) (b) of this Act, and shall be excluded in determining period(s) prescribed by the Board pursuant to section 5(9) of this Act as provided for in such regulations. Deferment of payments. Section 10. This Act shall become effective May 1, 1970. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. MUNICIPALITIESTAXES ON PROFESSIONS. No. 1114 (House Bill No. 1460). An Act to amend 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), as amended by an Act approved April 16, 1969 (Ga. L. 1969, p. 426), so as to provide that such levy shall not be assessed upon or collected from any such

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practitioner whose office is maintained by and who is employed in such practice exclusively by the United States, the State of Georgia, a municipal corporation or County of this State, or instrumentalities thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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), and amended by an Act approved April 16, 1969 (Ga. L. 1969, p. 426), is hereby amended by adding at the end of section 1 the following words: Provided further, that such levy shall not be assessed upon or collected from any such practitioner whose office is maintained by and who is employed in such practice exclusively by the United States, the State of Georgia, a municipal corporation or County of this State, or instrumentalities thereof. so that section 1 when amended shall 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. Provided further, that such levy shall not be assessed upon or collected from any such practitioner whose office is maintained by and who is employed in such practice exclusively by the United States, the State of Georgia, a municipal corporation or County of this State, or instrumentalities thereof.

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Section 2. This Act is hereby declared to be a clarification of the original intention of the General Assembly rather than a substantive change and shall be construed for all purposes as though it had always read as so amended. Intent. Section 3. This Act shall become effective upon its approval, or its otherwise becoming law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. BANKS AND BANKINGFEES FOR EXAMINATIONS. Code 13-405 Amended. No. 1115 (House Bill No. 1464). An Act to amend Code section 13-405, relating to the fees to cover the cost of examinations of banks, as amended, by an Act approved March 8, 1945, (Ga. L. 1945, p. 253) and an Act approved March 17, 1960 (Ga. L. 1960, p. 945), so as to increase the fees in order to support the cost of operating the Department of Banking; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 13-405, relating to the fees to cover the cost of examinations of banks, as amended, by an Act approved March 8, 1945 (Ga. L. 1945, p. 253) and an Act approved March 17, 1960 (Ga. L. 1960, p. 945), is hereby amended by striking said Code section 13-405 in its entirety and inserting in lieu thereof a new Code section 13-405 to read as follows: Section 13-405. Fees to cover cost of examination of banks. (a) Each bank, on or before the 15th day of January

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shall pay annually to the Superintendent of Banks, to be deposited by him to the credit of the Department of Banking, as hereinbefore provided, in proportion to its total resources or assets as of the 31st day of December of the previous year, the following fees in the following amounts: Where the total resources are $400,000 or less.....$ 221 Where the total resources are more than $400,000 and not exceeding $500,000 $ 266 $500,000 and not exceeding $600,000 $ 295 $600,000 and not exceeding $700,000 $ 354 $700,000 and not exceeding $800,000 $ 413 $800,000 and not exceeding $900,000 $ 487 $900,000 and not exceeding $1,000,000 $ 531 $1,000,000 and not exceeding $1,200,000 $ 590 $1,200,000 and not exceeding $1,400,000 $ 664 $1,400,000 and not exceeding $1,600,000 $ 738 $1,600,000 and not exceeding $1,800,000 $ 826 $1,800,000 and not exceeding $2,000,000 $ 929 $2,000,000 and not exceeding $2,250,000 $1,077 $2,250,000 and not exceeding $2,500,000 $1,180 $2,500,000 and not exceeding $2,750,000 $1,328 $2,750,000 and not exceeding $3,000,000 $1,431 $3,000,000 and not exceeding $3,500,000 $1,505 $3,500,000 and not exceeding $4,000,000 $1,593 $4,000,000 and not exceeding $4,500,000 $1,682 $4,500,000 and not exceeding $5,000,000 $1,770 $5,000,000 and not exceeding $6,000,000 $1,873 $6,000,000 and not exceeding $7,000,000 $1,991 $7,000,000 and not exceeding $8,000,000 $2,095 $8,000,000 and not exceeding $10,000,000 $2,213 $10,000,000 and not exceeding $12,500,000 $2,316 $12,500,000 and not exceeding $15,000,000 $2,434 $15,000,000 and not exceeding $17,500,000 $2,537 $17,500,000 and not exceeding $20,000,000 $2,655 $20,000,000 and not exceeding $25,000,000 $2,758 $25,000,000 and not exceeding $30,000,000 $2,876 $30,000,000 and not exceeding $35,000,000 $3,098 $35,000,000 and not exceeding $40,000,000 $3,319

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Where the total resources are more than $40,000,000, $3,319 plus $30 per $1,000,000 of resources over $40,000,000. In addition to the fees hereinabove fixed, and at the same time, each bank operating bank offices, bank facilities, or branch banks, shall pay for each outlet so operated $221 per annum. (b) For any examination herein provided to be made before permit to begin business is issued, or on any amendments to a charter, or on any consolidation or merger, or on any voluntary liquidation, and for any examination in or of the trust department of any bank, and in all other cases authorized by law, other than a regular annual examination, a fee of $50 per day for each examiner participating in such examination shall be paid for each examination. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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GEORGIA SECURITIES ACT AMENDED. No. 1116 (House Bill No. 1476). An Act to amend an Act known as the Georgia Securities Act, approved February 26, 1957 (Ga. L. 1957, p. 134) as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 957), so as to change the provisions relating to the filing of a bond prior to the registration of securities for sale; to provide for an exempt transaction for the exchange of shares possessing at least 80% of the total combined voting power of a corporation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Securities Act, approved February 26, 1957 (Ga. L. 1957, p. 134), as amended, particularly by an Act approved March 17, 1960 Ga. L. 1960, p. 957), is hereby amended by striking from subsection (h) of section 3 the following: , or the securities are exempt from registration under any appropriate Federal law, so that when so amended subsection (h) of section 3 shall read as follows: (h) No securities shall be registered under this Act for sale in this State by or for the account of the issuer thereof until such issuer first files bond with the Commissioner in the same amount and subject to the same terms and conditions as provided in section 4 (f) hereof unless such securities are fully registered under any appropriate Federal law or under any provision of this law. Section 2. Said Act is further amended by adding to subsection (f) of section 6 after the words substantially all of the assets of such other corporation the following: or for shares of such other corporation possessing at least

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eighty percent (80%) of the total combined voting power of all classes of stock entitled to vote of such other corporation. 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 March 20, 1970. COMMON TRUST FUNDS BY TRUST INSTITUTIONS. No. 1118 (House Bill No. 1481). An Act to amend an Act providing for the establishment, maintenance and administration of common trust funds by trust institutions approved March 20, 1943, (Ga. L. 1943, p. 442), as amended, so as to amend the definition of common trust fund, to provide an effective date and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the establishment, maintenance and administration of common trust funds by trust institutions approved March 20, 1943, (Ga. L. 1943, p. 422), as amended, is hereby amended by adding to paragraph (c) of Section 1 the following words: but shall not include any note held and maintained by a trust institution for investment of funds held by such trust institution in its fiduciary capacity even though such trust institution may invest the funds of more than one estate from time to time in such note. so that said paragraph, as amended, shall read as follows:

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(c) The term Common Trust Fund means a fund maintained by a trust institution, exclusively for the collective investment and reinvestment of moneys contributed thereto by the institution in its capacity as a fiduciary or confiduciary and established, maintained and administered pursuant to the requirements of this Act, but shall not include any note held and maintained by a trust institution for investment of funds held by such trust institution in its fiduciary capacity even though such trust institution may invest the funds of more than one estate from time to time in such note. Common trust fund defined. Section 2. 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. Section 3. It is intended by the enactment of this provision to clarify existing law relating to the subject matter, and the passage of this Act shall not imply that existing law is otherwise than herein provided for. Intent. Section 4. All laws and parts of law in conflict with this Act are hereby repealed. Approved March 20, 1970. PRACTICE OF MEDICINE BY ALIENS. Code 84-907.1 Enacted. No. 1119 (House Bill No. 1490). An Act to amend Code Chapter 84-9, relating to the regulation and licensing of practitioners of medicine, so as to provide that otherwise qualified applicants, except for citizenship, who possess certain institutional licenses authorizing the applicant to practice medicine in certain State institutions shall be eligible to take the examination

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required of applicants wishing to practice medicine in this State and, upon successful completion thereof, be granted a license to practice medicine under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-9, relating to the regulation and licensing of practitioners of medicine, is hereby amended by adding between Code sections 84-907 and 84-908 a new section to be numbered 84-907.1 and to read as follows: 84-907.1. Any otherwise qualified applicant who shall comply with all other requirements of this Chapter, except citizenship, who possess a current Institutional License issued pursuant to the provisions of an Act relating to the licensing of aliens to practice medicine in this State, approved March 23, 1939 (Ga. L. 1939, p. 319), as amended, shall be eligible to stand the examination herein provided for and upon his successful completion thereof, he shall be granted a license to practice medicine at such time as all other requirements prescribed as a prerequisite to the issuance of a license are complied with, if the applicant is at the time for the issuance of the license practicing in any State operated institution or any medical college in the State of Georgia approved by the State Board of Medical Examiners of Georgia, by authority of an Institutional License authorizing such applicant to practice medicine in the State institution or medical college employing said licensee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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INSURANCEEXAMINATIONS OF AGENTS, ETC. Code Chapter 56-8 Amended. No. 1120 (House Bill No. 1493). An Act to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that the Commissioner may establish rules and regulations with respect to a reasonable waiting period for re-examinations of applicants for licenses as agents and counselors for life, accident and sickness insurance who have failed to pass previous examinations; to repeal in its entirety subsection (5) of section 56-806(a) relating to waiting periods for re-examinations of applicants for licenses as agents and counselors for life, accident and sickness insurance who have failed to pass previous similar examinations; to repeal in its entirety Code section 56-809b relating to waiting periods for re-examinations of applicants for licenses as agents, solicitors, brokers, counselors and adjusters for property, casualty, surety and allied lines who have failed to pass previous similar examinations; 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 subsection (1) (b) of Code section 56-806a relating to rules and regulations of the Commissioner as to classification of applicants and type and conduct of examinations the following: The Commissioner shall also provide for a reasonable waiting period before giving a re-examination to an applicant who failed to pass a previous similar examination. Code 56-806a amended. so that when so amended subsection (1) (b) of Code Section 56-806a shall read as follows: (b) The scope, type and conduct of written examinations to be given pursuant to this section and the time and

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places within this State for the holding of such examinations; Provided, however, that examinations shall be held at least semi-annually at the principal office of the Commissioner; and Provided further, that an examination shall be held at least as often as once in each two months, in each Congressional District. The Commissioner shall also provide for a reasonable waiting period before giving a re-examination to an applicant who failed to pass a previous similar examination. Section 2. Said Title is further amended by deleting subsection (5) of Code Section 56-806a in its entirety which reads as follows: (5) No Person who shall have taken and failed to pass two examinations given pursuant to this section with respect to a particular class or classes of insurance shall be entitled to take any further examination with respect to such class or classes until after the expiration of six months from the date of the last examination in which he failed. If such person shall thereafter fail to pass two more such examinations, he shall not be eligible to take any further examinations until after the expiration of one year from the date of his last unsuccessful examination. An examination fee shall be paid for each and every examination: Provided, however, that an applicant shall be permitted to take a single examination covering all classes of insurance contracts as defined in subsection (2) above. Section 3. Said Title is further amended by deleting section 56-809b in its entirety which reads as follows: 56-809b. Effect of failure. Any applicant who shall have taken and failed to pass two examinations given pursuant to this Chapter with respect to a particular kind or kinds of insurance shall not be entitled to take any further examination with respect to such kind or kinds until after the expiration of six months from the date of the last examination in which he failed. If such person shall thereafter fail to pass another such examination he shall not be eligible to take any further examination until the expiration of one

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year from the date of his last unsuccessful examination. This rule applies and infinitum. The examination fee shall be paid for each and every examination. Repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. LITTER CONTROL LAW. No. 1121 (House Bill No. 1497). An Act to define, control and prohibit the littering of public or private property; to provide for a short title; to provide for a declaration of intent; to provide for definitions; to provide that it shall be unlawful for any person to litter public or private property; to provide penalties therefor; to provide for prima facie evidence under certain circumstances; to provide for the enforcement of this Act by law enforcement agents and officers; to provide that proper authorities and agencies shall provide receptacles for the deposit of litter; 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 Litter Control Law. Section 2. Declaration of intent. It is the intention of the General Assembly by this Act to provide for uniform prohibition throughout the State of any and all littering on public or private property, and to curb thereby the desecration of the beauty of the State and harm to the health, welfare and safety of its citizens caused by individuals who litter. Section 3. Definitions. As used in this Act, unless the

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context clearly requires otherwise, the following words or phrases shall have the following meanings: (a) The word litter means all sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description. (b) The phrase public or private property means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge or conservation or recreation area, and residential or farm properties, timberlands or forest. Section 4. Unlawful activities. It shall be unlawful for any person or persons to dump, deposit, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this State, or any waters in this State, unless: (a) such property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property; (b) such litter is placed into a litter receptacle or container installed on such property; (c) such person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or tenant, all in a manner consistent with the public welfare. Section 5. Penalties. (a) Any person violating the provisions of section 4 of this Act is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of $25.00 or, in lieu thereof, in the sound discretion of any court in which conviction is obtained, any such person may be directed by the judge of such court to pick up and remove

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from any public street or highway or public or private right-of-way, or public beach or public park, or, with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it has been established by competent evidence that he has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (b) The court may publish the names of persons convicted of violating the provisions of Section 4 of this Act. Section 6. Prima facie evidence. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of section 4 of this Act, it shall be prima facie evidence that the operator of said conveyance shall have violated this Act. Section 7. Enforcement. All law enforcement agencies, officers and officials of this State or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this State or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this Act. Section 8. Receptacles to be provided. All public authorities and agencies having supervision of properties of this State are authorized, empowered and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where such property is frequented by the public, and to post signs directing persons to such receptacles and serving notice of the provisions of this Act, and to otherwise publicize the availability of litter receptacles and requirements of this Act. Section 9. Severability. If any provision of this Act, or its application to any person or circumstance is held invalid, the remainder of the Act, or the application of the provisions to other persons or circumstances is unaffected. Section 10. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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FEES OF CLERKS OF SUPERIOR COURTS. Code 24-2718, 24-2727, 24-3406, 50-124, 60-801, 71-105, 108-607 Amended Code 24-2728Repealed. No. 1123 (Senate Bill No. 74). An Act to amend Code section 24-2727, relating to fees of the clerks of the superior courts, as amended, so as to completely revise said fees; to repeal Code section 24-2728, relating to fees of the clerks of superior courts in certain counties, as amended; to provide for certain additional fees; to amend Code section 24-2718, relating to recording maps or plats and the fees therefor, so as to change the provisions relating to fees; to amend Code section 24-3406, relating to deposit of cost required in divorce cases, as amended, so as to change the provisions relating to such deposits; to amend Code section 50-124, relating to the recording of proceedings in habeas corpus cases, so as to change the provisions relating to fees of the clerks of the superior courts; to amend Code section 70-105, relating to fees paid for certificates issued to notaries public, as amended, by an Act approved March 27, 1947 (Ga. L. 1947, p. 1108), so as to change the provisions relating to fees paid to the clerks of the superior courts; to amend Code section 108-607, relating to the recording of deeds and amendments thereto, as amended, by an Act approved March 28, 1961 (Ga. L. 1961, p. 207), so as to change the provisions relating to fees of the clerks of the superior courts; to amend an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 16), so as to change the provisions of said Act relating to fees of the clerks of the superior courts; to amend an Act providing for the registration of trade names, approved March 29, 1937 (Ga. L. 1937, p. 804), as amended, so as to change the provisions of said Act relating to fees of the clerks of the superior courts; to amend an Act amending and revising the adoption laws, approved March 27, 1941, as amended, particularly by

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an Act approved February 21, 1951 (Ga. L. 1951, p. 679), so as to change the provisions of said Act relating to fees of the clerks of the superior courts; to amend Code section 60-801, relating to fees in connection with land registration, so as to remove therefrom the provisions relating to fees of the clerks of the superior courts; 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. Code section 24-2727, relating to fees of the clerks of the superior courts, as amended, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 24-2727 to read as follows: 24-2727. Fees enumerated. The clerks of the superior courts of this State shall be entitled to charge and collect the following fees for official duties performed by them: Provided, that all counties in this State where the clerk of the superior court is on a salary basis the fees herein provided shall be paid into the county treasury, to-wit: CIVIL CASES Filing and docketing suits: complaints or motions.....$ 3.00 Copying and issuing process or summons..... 3.00 Each copy after first copy..... 1.00 Entering verdict or judgment on minutes..... 2.00 Filing all motions subsequent to any complaint in any case..... 1.00 Issuing fieri facias..... 1.00 Entering fieri facias on execution docket......50 Entering fieri facias on general execution docket......50 Issuing subpoena or summons to witness......50

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Writ of partition of land and recording proceedings in case..... 10.00 Recording incorporation of any company..... 15.00 Proceedings to forfeit charter..... 10.00 Furnishing and certifying any process, order, etc. for publication..... 1.50 Recording liens and mortgages and deeds per page..... 2.00 Cancellation of deeds and mortgages......25 Issuing commission to examine witness..... 1.00 Recording any instrument or writing, not specified, per page..... 1.50 Exemplification of record, per page..... 1.50 Preparation of record and transcript to the Supreme Court or Court of Appeals, per page..... 1.50 Provided, however, that where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript a fee of..... 5.00 Entering remittitur from Supreme Court or Court of Appeals..... 1.00 Certificate and seal on remittitur..... 1.00 Issuing jury script or check, each......10 Recording maps or plats..... 1.00 Before filing any divorce case or proceeding, in accordance with the provisions of Code Section 24-3406, as amended, a deposit of..... 20.00 For issuing certificates of appointment to notaries public and for issuing certificates of reappointment as provided by Code section 71-105, relating to the issuance of such certificates and the fees therefor, as amended..... 4.00

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Recording deeds of trust or amendments thereto in accordance with the provisions of Code Section 108-607, as amended, per page..... 1.50 Validation and confirmation of revenue bonds pursuant to the provisions of section 15 of the Revenue Bond Law approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. For each bond..... First 100 bonds..... 1.00 101st - 500th......25 All over 500......10 Registering and filing trade names pursuant to the provisions of section 2 of the Act providing for the registration of trade names, approved March 29, 1937 (Ga. L. 1937, p. 804), as amended..... 1.00 Issuing certification of adoption under seal of the court pursuant to the provisions of section 14 of the Act revising the adoption laws, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended..... 1.00 For processing alimony or child support payments, an additional amount, also to be paid by the husband to the clerk, of 5% of the amount of payment, but not more than..... 1.25 The clerks shall receive the same fees as in other civil cases for performing the duties required of them by Code Title 60, relating to land registration. CRIMINAL CASES. Service in entering and docketing bills of indictment, presentments, no bills, accusations, indictments or accusation record.....3.00 Services in cases where the defendant is tried or pleads guilty, or there is a settlement.....10.00 Service in docketing and entering bills of indictment or presentments on minutes in cases of nolle prosequi.....5.00

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Issuing each summons or subpoena.....50 Entering any record on minutes, not specified, per page.....1.50 Preparation of record and transcript to the Supreme Court or Court of Appeals, per page.....1.50 Provided, however, where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for the filing and transmission of such transcript, a fee of.....5.00 Per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. Recording proceedings in all cases of habeas corpus, per page.....1.50 All statutes or laws in force in this State which provide compensation for clerks of the superior courts for the discharge of duties not herein enumerated or provided for shall remain in full force and effect. Section 2. Code section 24-2728 relating to fees of clerks of superior courts in certain counties, as amended, is hereby repealed in its entirety. Code 24-2728 repealed. Section 3. Code section 24-2718, relating to recording maps or plats and the fees therefor, is hereby amended by striking from said Section the following sentence: For recording of such map, sketch, or plat, the clerk shall be entitled to a fee of $1., and inserting in lieu thereof the following sentence: For recording of such map, sketch, or plat, the clerk shall be entitled to receive the fee prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended.,

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so that when so amended Code section 24-2718 shall read as follows: 24-2718. Recording maps or plats; fees. Whenever any map, sketch, or plat of any tract or body of land, whether attached to and made a part of a deed or not, is offered for record, it shall be the duty of the clerk of such superior court to correctly copy or trace such map, sketch, or plat in a looseleaf plat-record book, and in no case shall any copy of such map, sketch, or plat be accepted by such clerk and pasted in such platbook unless such copy be made on linen or tracing cloth and with permanent India ink. For recording of such map, sketch, or plat, the clerk shall be entitled to receive the fee prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended. In the event said map, sketch, or plat is not attached to and made a part of a deed, then the clerk of said superior court must index said map, sketch, or plat in the index book hereinabove provided for under the caption or name of the property, provided it has one, under the name of the owner, and also under the original land-lot number, provided the land lies in that portion of the State which has been subdivided or surveyed into land lots and districts. There shall be no charge for indexing said plat, sketch, or map. Section 4. Code Section 24-3406, relating to the deposit of cost required in divorce cases, as amended, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code section 24-3406 to read as follows: 24-3406. Deposit of cost required in divorce cases. The clerks of the superior courts shall not be required to file any divorce case or proceeding until the deposit required by Code section 24-2727, relating to fees of clerks of the superior courts, as amended, has been deposited with said clerk on account of cost. Said deposit shall include all cost deposits required, including the deposit for a certificate which is sent to the Department of Health. If the proceeding be dismissed or if the total cost incurred in said case or proceeding is less than the deposit required by said Code section 24-2727, any of the sum remaining in the hands of the clerk shall be repaid.

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Section 5. Code section 50-124, relating to the recording of proceedings in habeas corpus cases, is hereby amended by striking from the end of said section the following: for which he shall receive the like fees as in other cases recorded by him., and inserting in lieu thereof the following: for which he shall receive the fees provided by Code section 24-2727, relating to fees of clerks of the superior courts, as amended., so that when so amended Code section 50-124 shall read as follows: 50-124. Proceedings must be recorded. The proceedings in all cases of habeas corpus shall be returned to the clerk of the superior court of the county whose judge shall have heard the same, or court of ordinary, if heard by the ordinary, and shall be by such officer recorded as in other cases, for which he shall receive the fees provided by Code Section 24-2727, relating to fees of clerks of the superior courts, as amended. Section 6. Code section 71-105, relating to fees paid for certificates issued to notaries public, as amended, by an Act approved March 27, 1947 (Ga. L. 1947, p. 1108), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 71-105 to read as follows: 71-105. Fees to be paid. Before a certificate shall be issued to the appointee, he shall pay to the clerk of the superior court the sum prescribed by Code section 24-2727, relating to fees of clerks of the superior courts, as amended, of which amount the clerk shall be entitled to the sum of $3.00 to cover his services in issuing certificate of appointment as notary public, administering the oath and recording the same. With a copy of the certificate of appointment, under his seal of office, the clerk shall immediately send $2.00 to the Secretary of State who shall keep a record in his office showing the names of the notaries public appointed with their address, age, sex, and the term for which their commission runs, and such amount shall cover the cost of the Secretary of State in keeping such records. On reappointment as notaries public, the sum prescribed by said Code section 24-2727 shall be paid to the clerk of the superior

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court and dispersed in the same manner as provided herein for the original appointment. Section 7. Code section 108-607, relating to the recording of deeds and amendments thereto, as amended, by an Act approved March 28, 1961 (Ga. L. 1961, p. 207), is hereby amended by striking from the first sentence of subsection (a) of said section the following: and pay to said clerk 15 cents per hundred words for recording such deed and $5 for other services required of the clerk in connection with the filing of such deed., and inserting in lieu thereof the following: and pay to said clerk the fee prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended., so that when so amended, subsection (a) of Code section 108-607 shall read as follows: (a) The deed creating such trust estate shall, within 30 days of the execution thereof, or within 30 days of the enactment of this provision, whichever is later, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located and the trustee shall concurrently therewith deposit with and pay to said clerk the fee prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended. Upon said deed being filed with the clerk and the fees being paid, as aforesaid, said clerk shall forthwith deliver to the trustee or his attorney two certified copies of said deed, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. Upon receiving the two certified copies of said deed, the trustee or his attorney shall present the same to the Secretary of State, and shall concurrently therewith pay $5 to the Secretary of State for the use of the State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form: Code 108-607 Amended.

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STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE. This is to certify that a copy of the attached certified copy of a deed, declaration or agreement of trust dated....., by and between..... as grantor(s) and..... as trustee(s), which states that the trustee(s) may use the name of....., has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS my hand and official seal this..... day of....., 19...... ..... Secretary of State. Section 8. An Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 16), is hereby amended by striking section 15 in its entirety and substituting in lieu thereof a new section 15 to read as follows: Section 15. Certificates, when issued under provisions of this Act shall have stamped or written thereon, by the proper officers of such municipality issuing the same, or their agents or servants, the words: `Validated and confirmed by judgment of the superior court,' specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the clerk of the superior court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. The clerk of the superior court shall receive for his services rendered under this section the fee prescribed in Code section 24-2727, relating to the fees of the clerks of the superior courts, as amended. Revenue Bond Law. Section 9. An Act providing for the registration of trade names, approved March 29, 1937 (Ga. L. 1937, p. 804), as amended, is hereby amended by striking the last sentence

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of section 2 which reads as follows: The applicant for registration shall accompany each registration statement with a fee of fifty (0.50) cents to be paid to the clerk., and inserting in lieu thereof a new sentence to read as follows: The applicant for registration shall accompany each registration statement with the fee prescribed by Code section 24-2727, relating to fees of clerks of the superior courts, as amended., so that when so amended section 2 shall read as follows: Section 2. The clerk shall register the same by filing the verified statement in his office and shall keep an alphabetical index of all such registrations in a permanent record book to be kept in his office; said index to show the trade, partnership, or other name registered, and in connection therewith the names of the owners. The applicant for registration shall accompany each registration statement with the fee prescribed by Code section 24-2727, relating to fees of clerks of the superior courts, as amended. Trade names. Section 10. An Act amending and revising the adoption laws, approved March 27, 1941, as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 679), is hereby amended by striking from the third sentence of Section 14 the following: upon payment to him of a fee of fifty cents,, and inserting in lieu thereof the following: upon payment to him of the fee prescribed in Code section 24-2727, relating to fees of clerks of the superior courts, as amended., so that when so amended section 14 shall read as follows: Section 14. Notice of Final Order of Adoption. 1. Upon the entry of the final order of adoption, the clerk of the court granting the same shall forward a copy of said final order, together with the original of the investigation report filed with the court, to the State Departmen of Health. If there shall be any subsequent order or revocation of said adoption, or order of annulment or adoption, a copy of same in like manner shall be forwarded by the clerk to the State Department. At any time after the entry of the final order of adoption, the clerk of the court granting the same shall, upon the request of the adopting parents, issue to said adopting parents

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a certificate of adoption, under the seal of the court, upon payment to him of the fee prescribed in Code Section 24-2727, relating to fees of clerks of the superior courts, as amended, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in said certificate. Said adoption certificate shall be in substantially the following form: `This is to certify(Names of adopting parents)have obtained final order of adoption in the Superior Court of.....County, Georgia on the.....day of....., 19....., as shown by their records on(Full name of adopted child). `Given under the hand and seal of said court, this the.....day of....., 19...... ..... Clerk' Section 11. Code section 60-801, relating to fees in connection with land registration, is hereby amended by striking therefrom the provisions relating to the clerks of the superior courts. Code 60-801 Amended. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDED. No. 1124 (Senate Bill No. 223). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to change the provisions relating to the allotment of teachers; to change the minimum sum relative to the administration of funds needed by local units of administration for maintenance,

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operation and sick leave expenses; to provide that if the General Assembly or the Fiscal Affairs Subcommittees take action resulting in a transfer of funds from the Minimum Foundation Program of Education, such transfer shall be considered as lapsed Minimum Foundation Program of Education funds for the purpose of calculating adjustments to required local effort; 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 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. Allotment of Teachers; Amount of Funds Needed for Payment of Salaries. The State Board of Education shall annually allot teachers to local units of administration on the basis of one teacher per 25 pupils in average daily attendance in grades 1 through 3 and in grades 8 through 12 and one teacher per 28 pupils in average daily attendance in grades 4 through 7, of each local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act. Provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a ten-months basis in accordance with the State minimum salary schedule provided for in Section 9 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted teachers in public elementary and secondary schools of local units of administration. Provided, however, in the event that the General Assembly shall appropriate additional funds which are lineitemed for reducing the pupil-teacher ratio in any grade or

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grades, the allotment figures contained in this Section shall be construed to be reduced to the figures contained in such line-item appropriation. Section 2. Said Act is further amended by striking from the first sentence of section 13 the following: not be less than $600 per school year per State-allotted teacher through the 1966-1967 school year, not less than $1,050 per State allotted teacher for the 1968-1969 school year and each school year thereafter., and inserting in lieu thereof the following: not less than $1,050 per school year per State allotted teacher through the 1968-1969 school year, not less than $1,250 per State allotted teacher for the 1970-1971 school year and each school year thereafter., so that when so amended said section shall read as follows: Section 13. Amount of Funds Needed for Payment of Maintenance, Operation and Sick Leave Expenses. The amount of funds needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in section 11 through section 21 of this Act shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of Section 11 of this Act by a sum of money per teacher to be determined by the State Board of Education which shall not be less than $1,050 per school year per State-allotted teacher through the 1968-1969 school year, not less than $1,250 per State-allotted teacher for the 1970-1971 school year and each school year thereafter. The State Board of Education shall define the term `maintenance, operation and sick leave expenses' and shall have authority to establish minimum requirements and standards for maintenance and operation of public school facilities and equipment and for local distribution, use and expenditure of funds allotted under this Section to local units of administration. Section 3. Said Act is further amended by striking subparagraph (2) of subsection (B) of section 22 in its entirety

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and inserting in lieu thereof a new subparagraph (2) of subsection (B) of section 22, which shall read as follows: (2). The State Board of Education shall determine the portion of the estimated cost of the Statewide Minimum Foundation Program to be paid by local funds by multiplying the estimated cost of the Statewide Minimum Foundation Program for the school year by the percentage share of the cost of such Statewide program to be paid by local funds on a Statewide basis and then subtracting therefrom the product derived from the multiplication of the percentage used in calculation of the required local effort in the immediately preceding fiscal year by the total of all lapsed funds appropriated to the Department of Education to finance the Minimum Foundation Program of Education. Provided, however, that in fiscal year 1970, if the General Assembly or the Fiscal Affairs Subcommittees take action resulting in a transfer of funds from the Minimum Foundation Program of Education, such transfer shall be considered as lapsed Minimum Foundation Program funds for the purpose of calculating adjustments to required local effort as provided in this Section. Commencing with the 1965-1966 school year, beginning on July 1, 1965, the estimated cost of the Statewide Minimum Foundation Program shall be shared on a Statewide basis of 84% State funds and 16% local funds. Provided, however, that the share of the estimated cost of the Statewide Minimum Foundation Program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percentage point per year for two years, so that commencing with the 1967-1968 fiscal school year the Statewide cost of the Minimum Foundation Program shall be shared on the basis of eighty-two percent (82%) State funds and eighteen percent (18%) local funds and shall thereafter be increased at the beginning of each fiscal school year beginning with the 1969-1970 fiscal school year by one-half of one percentage point at the beginning of that fiscal school year and each subsequent fiscal school year so that commencing with the 1972-1973 fiscal school year the Statewide cost of the Minimum Foundation Program shall be shared on the basis of 80% State funds and 20% local funds. Estimated costs, etc.

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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 March 20, 1970. STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS ACT AMENDED. No. 1125 (Senate Bill No. 268). An Act to amend an Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408, as amended by Ga. L. 1956, pp. 691, 694; 1964, p. 256), so as to change the definition of the practice of applied psychology; to increase the number of Board members from three to five; to provide for staggered terms; to change the qualifications of Board members; to clarify certain terms; to provide additional conditions for reciprocity; to increase certain fees; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408, as amended by Ga. L. 1956, pp. 691, 694; 1964, p. 256), is hereby amended by striking section 1 thereof in its entirety and substituting in lieu thereof the following section: The Practice of Applied Psychology, Definition: A person practices applied psychology within the meaning of this Act when he holds himself out to be an applied psychologist and renders or offers to render to individuals, groups, organizations

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or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods and procedures of the science and profession of psychology, such as, but not limited to, interviewing, administering and interpreting tests of mental abilities, aptitudes, interest and personality characteristics for such purposes as psychological diagnosis, classification or evaluation, or for education or vocational placement, or for such purposes as psychological counseling, guidance or readjustment. Nothing in this definition shall be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine as defined in the laws of this State. Section 2. Said Act is hereby further amended by striking section 2 thereof in its entirety and substituting in lieu thereof the following section: State Board of Examiners of Psychologists Created. There is hereby created a State Board of Examiners of Psychologists, hereinafter referred to as the Board of Examiners of Psychologists, to consist of five members who shall be appointed by the Governor under conditions hereinafter set forth. Members of the Board of Examiners shall be representative of psychologists licensed under the terms of this Act. No member of the Board shall be liable to civil action for any act performed in good faith in the performance of his duties as prescribed by law. Section 3. Said Act is further amended by striking section 3 thereof in its entirety and substituting in lieu thereof the following Section: Appointment of Board by Governor. Commencing in 1970, the Board shall be increased from three to five members by the appointment of three new members in lieu of the one member whose term is to expire. Of these three new Board members, one member shall be appointed for a period of three years; one member shall be appointed for a period of four years; and one member shall be appointed for a period of five years. All new appointments to the Board commencing in 1971 shall be for a period of five years. Vacancies

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shall be filled for the unexpired terms, and members shall serve until their successors are appointed and qualified. All appointments to the Board shall be made from a list of qualified members of the Georgia Psychological Association to be furnished to the Governor by said Association. All vacancies occurring in the Board shall be filled by the Governor for the unexpired term from the said list of all qualified members of the Georgia Psychological Association within thirty (30) days after the vacancy occurs: Provided, that if the said Association shall fail to furnish the Governor with the list of persons eligible for such an appointment, the Governor shall make such appointments by nominating such members of the profession of psychology hereto as may seem to him to be proper. Any Board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or commission of a crime involving moral turpitude. Section 4. Said Act is further amended by striking the last two words from section 6 thereof: licensed individuals and substituting in lieu thereof the words: a licensed psychologist. Section 5. Said Act is hereby further amended by striking from section 9 thereof the following words: or who has been practicing psychology in another State and has qualifications not lower from those required by this Act, and is able to satisfy the Board that to grant him a license would be in the public interest, or who has been certified by the American Board of Examiners in professional psychology. and substituting in lieu thereof the following words: and which other State grants a like privilege to psychologists licensed in the State of Georgia.

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so that when amended section 9 shall read as follows: Licensure Under Special Conditions. For a period of two years from the effective date of this Act, the Board may waive either an assembled examination or the requirements of Subdivision (c) of Section 7, or both, if it deems such action to be in the public interest and may grant a license upon payment of the required fee to any person who meets the requirements of Subdivisions (a) and (b) of Section 7, who is qualified by experience to practice applied psychology, and who has engaged in such practice of a nature satisfactory to the Board for at least three years full time, or its equivalent, within three years following the effective date of this Act. The Board may also grant a license without an assembled examination to any person residing or employed in the State who at the time of application is licensed or certified by a similar board of another State whose standards, in the opinion of the Board, are not lower than those required by this Act, and which other State grants a like privilege to psychologists licensed in the State of Georgia. Section 6. Said Act is further amended by striking therefrom section 15 in its entirety and substituting in lieu thereof the following section: License Fees. There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for license by examination, an initial fee of $30.00. If the applicant is found eligible for licensure, he shall pay an additional fee of $20.00 prior to the granting of the license. A fee of $75.00 shall be charged for issuing a temporary license or a license by reciprocity. No part of any fee shall be returnable under any circumstance. Section 7. Said Act is further amended by striking section 16 thereof in its entirety and substituting in lieu thereof the following section: Renewal of License. During the month of January of each year, every license holder shall apply to the Board for a renewal of his license, and if at the discretion of the Board the license is renewed, he shall pay to the Joint-Secretary,

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State Examining Boards, a renewal fee of $10.00. Any license shall be cancelled if the holder fails to renew said license within three months after the renewal date, but any license so cancelled by default may be restored upon payment of a fee of $50.00, within one year after cancellation. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. FIDUCIARY INVESTMENT COMPANY ACT. No. 1126 (Senate Bill No. 318). An Act to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limitations for such investments; to establish the standards for fiduciary investment companies to qualify them for such investments; to define the powers of the Superintendent of Banks under this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following terms shall be construed to have the meaning set forth by this section, unless a contrary meaning clearly appears from the context: (a) The term trust institution means any of the following corporations having trust powers and authorized to act in a fiduciary capacity under the laws of Georgia: Any State bank of trust company incorporated under the laws of Georgia and any national banking association incorporated under the laws of the United States and having its principal office in Georgia. Definitions. (b) The term investment adviser of a fiduciary investment company means (A) any trust institution which, pursuant to contract with a fiduciary investment company

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possessing the qualifications provided by this Act, regularly furnishes advice to such investment company with respect to the desirability of investing in, purchasing or selling securities or other property or is empowered to determine what securities or other property shall be purchased or sold by such investment company, and (B) any person other than a trust institution, who, pursuant to contract with such trust institution, regularly performs substantially all of the duties undertaken by such trust institution. (c) The term fiduciary investment company means a corporation which is an investment company as defined by the Act of Congress entitled Investment Company Act of 1940 approved August 22, 1940, as amended, and is incorporated in accordance with the Act of the General Assembly of Georgia approved August 3, 1968 (Ga. L. 1968, p. 565), known as the Georgia Business Corporation Code, as amended, to constitute a medium for the investment of funds held by trust institutions in a fiduciary capacity, either alone or with one or more co-fiduciaries. (d) The term supervisory agency means (A) the Comptroller of the Currency of the United States with respect to any fiduciary investment company having a national banking association as an investment adviser, and (B) the Superintendent of Banks of the State of Georgia with respect to any fiduciary investment company having a State bank as an investment adviser. The term shall mean the Superintendent of Banks of the State of Georgia with respect to any fiduciary investment company which does not have an investment adviser. Section 2. Any one or more trust institutions may cause a fiduciary investment company or companies to be organized and incorporated, but no trust institution may own an interest in more than seven (7) fiduciary investment companies. A fiduciary investment company shall not begin business, except to select an investment adviser, until it is approved by the appropriate supervisory agency. A fiduciary investment company shall be subject to such regulations as its supervisory agency may from time to time prescribe. Fiduciary.

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Section 3. Any such fiduciary investment company shall be incorporated under and subject to the provisions of the Georgia Business Corporation Code. The incorporators shall be persons who are officers or directors of the trust institution or institutions causing such fiduciary investment company to be incorporated and the articles of incorporation shall set forth the names of each trust institution participating in such incorporation and the amount of stock originally subscribed for by each, together with such other facts as are required by the Georgia Business Corporation Code. Incorporation. Section 4. Trust institutions, as defined by this Act, acting in a fiduciary capacity and for fiduciary purposes, may, if exercising due care as a prudent investor, and with the consent of any co-fiduciary, invest and reinvest funds held in such fiduciary capacity in the shares of stock of one or more fiduciary investment companies, except where the will, trust indenture or other instrument under which such trust institution acts, prohibits such investment: provided the fiduciary investment company shall by its articles of incorporation issued and granted in conformity with the Georgia Business Corporation Code have and possess the corporate powers required by this Act and be subject to the limitations set forth by this Act. Provided further, however, that no such trust institution shall invest in the stock of a fiduciary investment company on behalf of any estate, trust or fund administered by such trust institution a sum or amount which would result in such estate, trust or fund having a total investment in such stock in excess of the maximum amount or percentage that might be invested by such estate, trust or fund, under the regulations of the Comptroller of the Currency or the Superintendent of Banks in effect at the time of such investment, in any common trust fund having total assets equal to the total assets of the fiduciary investment company as increased by the proposed investment and no institution shall invest in the stock of a fiduciary investment company if, immediately after such investment and as a consequence thereof, it would own more than twenty-five percent (25%) of the voting securities of such fiduciary investment company which would then be outstanding. Investments. Section 5. Every fiduciary investment company in which

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a trust institution is authorized by this Act to own and hold corporate stock or shares, in order to qualify for such investments, shall have such corporate powers as may be granted by the Georgia Business Corporation Code by virtue of its incorporation under that law and shall, in addition, have the following corporate powers under its articles of incorporation and, by its articles of incorporation or its by-laws, be subject to the limitations and restrictions hereinafter set forth, to-wit: (a) The stock of any such fiduciary investment company shall be owned and held only by trust institutions acting as fiduciaries or co-fiduciaries but may be registered in the name of the nominee or nominees of any such trust institution. Such stock shall not be subject to transfer or assignment except to the trust institution on whose behalf the stock is held by any such nominee or nominees, or to a fiduciary or co-fiduciary which becomes successor to the shareholder and which is also a trust institution qualified to hold such stock. Corporate powers. (b) A fiduciary investment company shall have no less than five directors who need not be shareholders but shall be officers or directors of trust institutions holding stock in such fiduciary investment company. Provided, however, no more than two directors shall be officers or directors of any one trust institution if the fiduciary investment company has been organized and incorporated by three or more trust institutions. (c) In acquiring, investing, reinvesting, exchanging, selling and managing its assets, every fiduciary investment company shall exercise the judgment and care under the circumstances then existing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the safety of their capital. Within the foregoing limitations, a fiduciary investment company may acquire and retain every kind of investment, specifically including (but not by way of limitation) bonds, debentures and other corporate obligations, corporate stocks, preferred

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or common, which men of prudence, discretion and intelligence acquire or retain for their own account, provided a fiduciary investment company shall not at any time: (A) invest in real estate, commodities or commodity contracts; (B) participate on a joint or joint and several basis in any securities trading account; (C) invest in companies for the purpose of exercising control or management; (D) make loans to any person or persons, except that the purchase of a portion of an issue of debt securities, convertible debt securities, debt securities with warrants, rights or options attached or other similar securities when originally issued or thereafter, of a character commonly distributed publicly shall not be considered the making of a loan; (E) purchase or retain the securities of any issuer if immediately after such acquisition and as a result thereof the following requirements would not be met: at least 75% of the total assets in the fiduciary investment company taken at market value are represented by cash and cash items, securities issued or guaranteed by the United States or an instrumentality thereof and other securities which, as to any one issuer, do not represent more than 10% of the voting securities of such issuer or more than 5% of the value of the total assets of the fiduciary investment company; (F) purchase or otherwise acquire the securities of any other investment company as that term is defined in the Investment Company Act of 1940, as amended; (G) act as underwriter of the securities of other issuers; (H) borrow money; or (I) engage in margin transactions or short sales, or write put or call options for the purchase of sale of securities.

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A fiduciary investment company may acquire, purchase or redeem its own stock and shall, by means of contract or by its bylaws, bind itself to acquire, purchase or redeem its own stock, but it shall not vote shares of its own stock theretofore redeemed. A fiduciary investment company shall not be responsible for ascertaining the investment powers of any fiduciary who may purchase its stock and shall not be liable for accepting funds from a fiduciary in violation of restrictions of the will, trust indenture or other instrument under which such fiduciary is acting in absence of actual knowledge of such violation, and shall be accountable only to the supervisory agency and the fiduciaries who are the owners of its stock. Every fiduciary investment company having a national bank as investment adviser shall comply with all applicable rules and regulations of the Comptroller of the Currency. Section 6. The Superintendent of Banks shall have authority to adopt and issue reasonable and uniform rules and regulations to govern the conduct and management of all fiduciary trust companies having investment advisers other than national banks. The Superintendent of Banks may, whenever he may deem it necessary or expedient, examine every fiduciary investment company contemplated by this law having an investment adviser which is not a national bank. On every such examination, the Superintendent of Banks shall make inquiry as to its financial condition, the policies of its management, whether it is complying with the laws of Georgia, and such other matters as the Superintendent of Banks may reasonably prescribe. In the enforcement of this Act and the restrictions and limitations imposed by their articles of incorporation and bylaws, the Superintendent of Banks shall have the same powers and authority with respect to fiduciary investment companies having investment advisers other than a national bank as are conferred upon him by the laws of this State with respect to State banks and trust companies to the same extent and in the same manner as if fiduciary investment companies were expressly named in Title 13 of the Code of Georgia as amended. Rules.

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Section 7. Except as may be specifically authorized by rule or regulation of the appropriate supervisory agency, no trust institution holding stock in a fiduciary investment company may advertise or publicize its participation in such fiduciary investment company: provided that any trust institution holding stock in a fiduciary investment company shall furnish the annual or periodic financial reports of such fiduciary investment company, on request, to any person having a beneficial interest therein, and the fact of the availability of such material may be given publicity in connection with the promotion of the fiduciary services of such trust institution. Reports, etc. Section 8. No person shall serve or act as investment adviser of a fiduciary investment company except pursuant to a written contract, which contract has been approved by the vote of a majority of the outstanding voting securities of such fiduciary investment company and Investment Advisers. (a) precisely describes all compensation to be paid thereunder; (b) shall continue in effect for a period more than two years from the date of its execution, only so long as such continuance is specifically approved at least annually by the board of directors or by vote of a majority of the outstanding voting securities of such company; (c) provides, in substance, that it may be terminated at any time, without the payment of any penalty, by the board of directors of such company or by vote of a majority of the outstanding voting securities of such company on not more than sixty days' written notice to the investment adviser; and (d) provides in substance, for its automatic termination in the event of its assignment by the investment adviser. Section 9. No fiduciary investment company shall refuse participation to any trust institution as defined in this Act which is otherwise qualified to engage in a fiduciary investment program.

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Section 10. This Act may be cited as the Fiduciary Investment Company Act. Short title. Section 11. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. ACT AUTHORIZING COMMON TRUST FUNDS AMENDED. No. 1127 (Senate Bill No. 319). An Act to amend an Act of the General Assembly of Georgia approved March 20, 1943, providing for the establishment of common trust funds, as heretofore amended, by authorizing trust institutions having established such a common trust fund to deliver to such common trust fund as money securities not readily saleable at the market price to provide for the valuation of such securities; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved March 20, 1943 (Ga. L. 1943, p. 442), entitled An Act to authorize the establishment and the maintenance of common trust funds; to authorize investments or participations therein, to define the requirements and terms thereof and the conditions and terms governing investments or participations therein and the admission and withdrawal of such investments or participations; to prescribe and define the rights, powers and duties of banks, trust companies, fiduciaries, participants, beneficiaries and other persons with respect thereto; to provide for the regulation and supervisions thereof; to repeal all laws and parts of laws inconsistent and in conflict with the provisions of this Act, and for other purposes, as heretofore amended, be further amended by adding thereto a new section to be numbered section 17 as follows:

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Section 17. Notwithstanding any other provision of this Act, any trust institution which has established a common trust fund pursuant to the authority of this Act, may invest, as if they constituted money as defined by the Act, securities not readily saleable at the market price held by such trust institution under a trust instrument or other writing authorizing such trust institution acting as a fiduciary to invest money of the estate established by such instrument or writing in a common trust fund. In such event, the securities so becoming a part of the common trust shall be valued in accordance with the method of valuation set forth in the plan of operation of the common trust fund of the trust institution as such plan of operation has been approved by the Comptroller of the Currency of the United States. When such securities shall become a part of a common trust fund by virtue of this section, the value at which they are taken into the common trust fund, ascertained as provided by this section, shall be deemed to constitute the payment of money into such common trust fund in the amount of such value, and the securities so coming into the common trust fund shall be securities of the common trust fund as if the trust institution had sold such securities and invested the money in such common trust fund. Delivery of securities. Section 2. Section 17 of said Act of March 20, 1943, is renumbered section 18. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. WILLS AND ADMINISTRATION OF ESTATES FEES OF EXECUTORS. Code 113-1101 Amended. No. 1128 (Senate Bill No. 320). An Act to amend section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall

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apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 113-1101 of the Code of Georgia of 1933, which provides that the powers, duties and liabilities of administrators, as therein set forth, shall be applicable to executors, be and the same is hereby amended by striking the period at the end of said Section, inserting in lieu thereof a colon, and the following provided that the compensation of the executor of any last will and testament may be agreed upon by such testator and such executor by contract in writing, entered upon before, at the time of, or after the execution of the will, which fee shall not exceed the legal rate unless such executor has a regular published schedule of fees, in which case the fee shall not exceed such regular published schedule of fees of said executor. Any such contract or agreement between a testator and such executor shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will so that said section as amended shall read as follows: 113-1101. Powers, duties, and liabilities of administrators applicable to executors. All the provisions of this Code with reference to administrators of estates, prescribing the commissions allowed to them, their duties, powers, and liabilities, the mode of effecting sales, of making and receiving titles to property sold or purchased by their intestates, of investing the funds, of obtaining letters of dismission, of resigning their trusts, of removing proceedings to the county of their residence, of compelling settlements before the ordinary, of returns by representatives of deceased administrators, and in all other matters in their nature applicable to executors, shall be held and taken to apply to and include executors, to the same extent as if they were named therein; provided that the compensation of the executor of any last will and testament may be agreed upon by such testator and such executor by contract in writing, entered upon before, at the time of, or after the execution of the will, which fee

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shall not exceed the legal rate unless such executor has a regular published schedule of fees, in which case the fee shall not exceed such regular published schedule of fees of said executor. Any such contract or agreement between a testator and such executor shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. COMPENSATION OF TRUSTEES. Code 108-432 Amended. No. 1129 (Senate Bill No. 321). An Act to amend section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to Trustees, by providing that fees for delivery of property in kind may be paid from time to time when the ordinary shall determine this to be equitable and when the condition of the Trust or the Trust estate permits; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 108-432 of the Code which reads as follows: 108-432 Compensation. Trustees for their services, shall be entitled to the same compensation as guardians receive for similar services., be amended by striking the period at the end of the section, inserting in lieu thereof a comma, and adding the following words: which may be paid from time to time as the fees are earned; except that the fees for delivery of property in kind, when specifically approved by the ordinary, may be paid in advance of actual distribution, under circumstances where the ordinary shall determine that this shall be equitable and that the condition

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of the Estate permits., so that said section 108-432 as amended shall read as follows: 108-432. Compensation. Trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, which may be paid from time to time as the fees are earned; except that the fees for delivery of property in kind, when specifically approved by the ordinary, may be paid in advance of actual distribution under circumstances when the ordinary shall determine that this shall be equitable, and that the condition of the Estate permits. Section 2. All laws and parts of law that conflict with this Act are hereby repealed. Approved March 20, 1970. INSURANCEPOLICIES EXCLUDING COVERAGE FOR MENTAL ILLNESS. Code 56-3016, 56-3110 Amended. No. 1130 (Senate Bill No. 334). An Act to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness insurance provide benefits for hospital care, there may be included within the scope of coverage hospital care rendered on account of mental illnesses and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia; to provide that when certain group or blanket policies of accident and sickness insurance provide for hospital care, there may be included within the scope of coverage hospital care rendered on account of mental illnesses and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia; to provide for the inclusion of certain information in policies and identification cards in the event the policy does

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not cover mental illnesses; 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 56-3016, relating to medical or surgical policies, the following: When an individual policy of accident and sickness insurance, except policies providing special coverage for limited diseases, accident protection only or dental policies, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illnesses and (2) hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia. If such coverage is not included in the policy, a statement that the policy does not cover mental illnesses shall be (1) printed in the policy in bold-face type or stamped on the face of the policy and (2) printed or stamped on any identification card issued pursuant to any such policy. Section 2. Said Title is further amended by adding at the end of Code section 56-3110, relating to medical or surgical policies the following: When a group or blanket policy of accident and sickness insurance, except policies providing special coverage for limited diseases, accident protection only or dental policies, provides for hospital care, there may be included within the scope of coverage (1) hospital care rendered on account of mental illnesses and (2) hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia. If such coverage is not included in the policy, a statement that the policy does not cover mental illnesses shall be (1) printed in the policy in bold-face type or stamped on the face of the policy and (2) printed or stamped on any identification card issued pursuant to any such policy. Section 3. Nothing contained within this Act shall be construed to affect any policy issued prior to the effective date of this Act.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. HONORARY DRIVERS LICENSES TO SPOUSE OF CERTAIN DISABLED VETERANS. No. 1131 (Senate Bill No. 343). An Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, approved March 9, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 1202), so as to provide for the issuance of an honorary driver's license to the spouse of any disabled veteran who is otherwise eligible for an honorary driver's license but who is permanently disabled to such an extent that he cannot drive a motor vehicle; 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 a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of driver's licenses, approved March 9, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 1202), is hereby amended by adding a new subparagraph at the end of subsection (4) of section 1 of Article IV, to be designated subparagraph (c), to read as follows: (c) The spouse of a veteran who is otherwise eligible but who is permanently disabled to such an extent that he cannot drive a motor vehicle. 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. Approved March 20, 1970. CRIMESILLEGAL USE OF CREDIT CARDS. Code 26-1705 Amended. No. 1132 (Senate Bill No. 348). An Act to amend Code section 26-1705, relating to the illegal use of credit cards, as amended by an Act approved March 26, 1969 (Ga. L. 1969, p. 128), so as to clarify the definitions of the terms credit card and issuer; 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 26-1705, relating to the illegal use of credit cards, as amended by an Act approved March 26, 1969 (Ga. L. 1969, p. 128), is hereby amended by striking from subsection (b) the word insurer and inserting in lieu thereof the word issuer, so that when so amended said subsection (b) shall read as follows: (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 issuer 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). Credit card defined. Section 2. Said Code section is further amended by striking from subparagraph (d) the word of and inserting in lieu thereof the word or, so that when so amended subparagraph (d) shall read as follows: (d) `Issuer' means the business organization or financial institution which issues a credit card or its duly authorized agent. Issuer defined.

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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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. BONDS OF LIVESTOCK DEALERS. No. 1133 (Senate Bill No. 392). An Act to amend an Act providing for the regulation of the sale of livestock at auction, approved March 7, 1956 (Ga. L. 1956, p. 501), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 296), so as to change the bond requirements of livestock dealers; 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 the regulation of the sale of livestock at auction approved March 7, 1956 (Ga. L. 1956, p. 501), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 296), is hereby amended by deleting from section 3 the following: 1/52nd, and inserting in lieu thereof the following: 1/25th, so that when so amended, section 3 shall read as follows: Section 3. No dealer shall purchase livestock at any sales establishment unless he has then in force a bond in an amount of not less than 1/25th of the total purchases made by him during the calendar year next preceding the year in which the purchase is made or in an amount of not less than fifty thousand ($50,000.00) dollars, whichever is lesser. The provisions of this section shall not be applicable to nor shall a bond be required of a dealer who purchases livestock at sales establishments for cash only. Compliance with the

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bonding requirements of any dealer purchasing from sales establishments operating under supervision of the federal government shall be a satisfaction of the bonding requirements specified herein. Section 2. This Act shall become effective on July 1, 1970. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. HEALTHLICENSING, ETC. OF CLINICAL LABORATORIES. No. 1134 (Senate Bill No. 387). An Act to prohibit operation of clinical laboratories in this State unless licensed pursuant to this Act; to exempt certain laboratories from operation of this Act; to require licensure of laboratory directors and supervisors; to authorize and direct the State Department of Public Health to issue licenses under certain circumstances; to provide for license requirements; to provide for acceptance, collection, identification and examination of specimens; to provide for reporting; to provide for inspection and evaluation; to provide for the Clinical Laboratory, Blood Bank and Tissue Bank Committee; to provide penalties for violation of this Act or of the rules and regulations promulgated pursuant thereto; to provide certain civil remedies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall not apply to clinical laboratories which are: (a) operated by the United States Government; or

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(b) operated and maintained exclusively for research and teaching purposes, involving no patient or public health services; or (c) already licensed by the State of Georgia solely for the performance of premarital serologic tests for syphilis; or Exemptions from Act. (d) operated and maintained as part of a hospital regulated and licensed by the Department of Health at any period of time during which the Department, as part of its licensure and regulation of such hospital, imposes upon the medical laboratory involved the same standards of administration, performance, and operation as are imposed by this Act upon medical laboratories covered herein. In such cases and under such conditions, licensure of the hospital involved constitutes licensure of the hospital laboratory. (e) operated by duly licensed physicians exclusively in connection with the diagnosis and treatment of their own patients. (f) licensed by the United States government. Section 2. As used in this Act: (a) Person means any individual, firm, partnership, association, corporation, the State or any municipality or other subdivision thereof, or any other entity whether organized for profit or not; Definitions. (b) Department means the Georgia Department of Public Health; (c) Board means the State Board of Public Health; (d) Clinical Laboratory means a facility for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body, for the diagnosis of, recommendation of treatment of, or for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment

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of, or the assessment of the health of, man; (e) Director means a person who is responsible for the administration of the technical and scientific operation of a clinical laboratory, including supervision of procedures for testing and the reporting of results; (f) Supervisor means an assistant director and a person who, under the general supervision of a clinical laboratory director, supervises technical personnel, and performs tests requiring special scientific skills; (g) Technologist means a person who performs tests which require the exercise of independent judgment and responsibility, with minimal supervision by the director or supervisor, in only those specialties or subspecialties in which they are qualfied by education, training, and experience; and (h) Technician means any person other than the clinical laboratory director, supervisor, technologist, or trainee who functions under the supervision of a clinical laboratory director, supervisor, or technologist and performs only those clinical laboratory procedures which require limited skill, responsibility, and a minimal exercise of independent judgment. Section 3. In addition to powers conferred elsewhere in this Act the Board shall: (a) promulgate rules and regulations for the implementation of this Act, after recommendations from the advisory committee authorized in Section 8; Powers. (b) establish and enforce standards governing the safety and sanitary requirements pertaining to clinical laboratories to the extent that they are not otherwise subject to requirements imposed by law or municipal ordinance; and (c) promulgate rules and regulations relating to the qualifications and performance of all personnel having responsibility for the conduct and operation of clinical laboratories.

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Section 4. (a) No clinical laboratory shall be operated without a license issued and in force pursuant to this Act. Licenses. (b) Application for licenses shall be made to the Department on forms prescribed by it. The application shall indicate the categories of procedures to be performed and shall contain such additional information as the Department may require. Each application shall be accompanied by a non-refundable fee prescribed by the Department. (c) The license applied for shall be issued if the Department finds that all requirements are met, or in the case of a new clinical laboratory not yet in operation, that the owner is in a position to meet them. A license shall authorize the performance of one or more procedures or categories of procedures and shall be valid for one year from the date of issue, unless sooner canceled, suspended, or revoked. (d) A clinical laboratory license may be denied, revoked, suspended, limited, or renewal thereof denied for: (1) making false statements of material information on an application for clinical laboratory license or any other documents required by the Department; Revocation of licenses. (2) permitting unauthorized persons to perform technical procedures or to issue or sign reports; (3) demonstrating incompetence in the performance or reporting of clinical laboratory examinations and procedures; (4) performing a test for or rendering a report to a person not authorized by law to receive such services; (5) referring a specimen for examination to a clinical laboratory in this State which has not been licensed pursuant to this Act, unless such referral laboratory is exempted from coverage of this Act; (6) making a report on clinical laboratory work actually performed in another clinical laboratory without designating

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the name of the director and the name and address of the clinical laboratory in which the test was performed; (7) lending the use of the name of the licensed clinical laboratory or its personnel to an unlicensed clinical laboratory; (8) violating or aiding in the violation of any provision of this Act or the rules or regulations promulgated hereunder, or (9) violating any other provisions of law applicable to the proper operation of a clinical laboratory. (e) Each clinical laboratory shall have a licensed director. An individual shall be permitted to direct no more than two clinical laboratories. No individual shall function as a director of a clinical laboratory unless he is a physician licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia; provided, however, that the Director of a Clinical Laboratory restricting its practice to dental pathology may be either a physician licensed to practice medicine and surgery or a dentist licensed to practice dentistry. Provided further that the Board may promulgate rules and regulations which authorize persons who possess doctorate degrees in biology, microbiology, and related fields, to be directors of clinical laboratories when the proper circumstances and qualifications are present. Directors. (f) A clinical laboratory license shall specify, on the face thereof, the names of the owner and director, and procedures or categories of procedures authorized, the period for which it is valid, and the location at which such procedures are to be performed. The license shall be displayed at all times in a prominent place where is may be viewed by the public. (g) Licenses issued pursuant to this Act shall be subject to renewal in accordance with rules and regulations of the Department. (h) The Board shall fix and publish, and from time to time revise, schedule of fees for applications and renewals.

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Such fees for clinical laboratory licenses shall be in amounts calculated to defray the costs of necessary inspections, evaluations, and investigations related thereto. (i) The Board shall promulgate rules and regulations which specify minimum standards for laboratory supervisors. Provided, however, that nothing in this Act shall be construed to affect any director, supervisor, technologist or technician who is holding any such position on the effective date of this Act. Section 5. (a) A clinical laboratory shall examine human specimens only at the request of a licensed physician, dentist, or other person authorized by law to use the findings of laboratory examinations. Examinations. (b) The results of a test shall be reported only to or as directed by the licensed physician, dentist, or other authorized person requesting same. Such reports shall include the name of the director and the name and address of the clinical laboratory in which the test was performed. (c) All specimens accepted by a clinical laboratory shall be tested on the premises, or in another laboratory or location under the responsibility of the director, unless forwarded to another properly licensed clinical laboratory. (d) No person shall represent, or maintain an office or specimen collection station or other facility for the representation of any clinical laboratory situated in this State or any other state which makes examinations in connection with the diagnosis and control of diseases unless the clinical laboratory so represented shall meet or exceed the minimal standards issued by the Department pursuant to this Act and the regulations issued hereunder. (e) The Department may require laboratories to show evidence that specimens shipped through the mails and accepted by them for analysis are sufficiently stable for the determinations requested. (f) Records involving clinical laboratory services and

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copies of reports of laboratory tests shall be kept for the period of time and in a manner prescribed by the Department. (g) Each clinical laboratory shall establish its own quality control program acceptable to the Department including use of, where applicable, reference or control reagents, standards, serums, or other biological or chemical samples, concurrent calibration standards, and control chart recordings, but in all cases the quality control program shall be equal to or more stringent than required by the Clinical Laboratories Improvement Act of 1967, Public Law 90-174, 42 U.S.C. 263a, or rules and regulations promulgated pursuant thereto. (h) Subsections (a), (b) and (c) hereof shall not apply to the taking, examination or testing of specimens by a clinical laboratory or its personnel solely in order to test the accuracy or sufficiency of its procedures, or in order to make improvements in the same. Section 6. (a) The Department shall require reporting by clinical laboratories of evidence of such infectious diseases as the Department may reasonably prescribe. The Department shall furnish forms for such reporting. No clinical laboratory making reports shall be held liable for having violated a trust or confidential relationship. The reports submitted shall be deemed confidential and not subject to public inspection. Reports. (b) Every director of a clinical laboratory shall report to the Department such information regarding the operation of the clinical laboratory as the Department by its rules and regulations may require in order to aid in the proper administration of this Act. Section 7. (a) The Department shall make periodic inspections of every clinical laboratory, at its discretion, but in no case less often than once in each year. For the purpose of this subsection, the employees or agents of the Department shall have the right of entry into the premises of the laboratory during normal hours of operation. Inspections, etc.

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(b) The Department shall operate a clinical laboratory evaluation program and shall prescribe standards of performance in the examination of specimens. As part of the clinical laboratory evaluation program, the Department may require the clinical laboratory to analyze test samples submitted or authorized by the Department and report on the results of such analysis. Section 8. The Board shall appoint a Clinical Laboratory, Blood Bank, and Tissue Bank Committee (hereinafter referred to as Committee) which shall be composed of seven (7) members whose respective terms of office shall be set by the Board with staggered terms so that the terms of members representing a particular specialty or profession shall not all expire at the same time. Each appointment made by the State Board of Health shall be made from a list of three names submitted by each professional association representing the medical or medically oriented interest involved, and shall comply with the following provisions: Committee. (a) one (1) member of the Committee shall be a medical laboratory technician; (b) three (3) members of the Committee shall by physicians duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, two of whom limit their practice to pathology; (c) one (1) member of the Committee shall be a medical laboratory technologist; and (d) one (1) member of the Committee shall be a chemist or microbiologist; and (e) one member of the Committee shall be an active hospital administrator. The Committee shall elect such officers and shall be governed by such reasonable rules and regulations as it may adopt for its own governing subject to final approval by the State Board of Health. Members of the Committee shall serve without pay but they shall receive reimbursement for

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actual and necessary expenses incurred in the performance of their duties. The Committee shall be responsible to and report to the State Board of Health and the Committee shall have the duty of advising the Department and the State Board of Health on matters pertaining to standards for studying and evaluating the location, operation, supervision, and procedures of Clinical Laboratories, Blood Banks, and Tissue Banks required to be licensed pursuant to this Act, staffing and personnel matters in the administration of this Act, and rules and regulations to be adopted, modified, promulgated, or repealed pursuant to this Act. No such standards, staffing, and personnel matters in the administration of this Act, rules or regulations shall be adopted, modified, promulgated, or repealed by the Board of Health except after consultation with and advice by the Committee. In connection with the issuance, denial, suspension, or revocation of licenses to Clinical Laboratories, Blood Banks, and Tissue Banks pursuant to this Act, the Department shall notify the Chairman of the Committee of any request by an applicant or licensee for a hearing on any action, proposed action, or failure to act by the Department with reference thereto and the Chairman of the Committee or any member of the Committee if the Chairman does not choose to act, shall have the right to attend any such hearing and to request of the Department and receive from the Department at the Department's expense the examiner's report and transcript of any such hearing, such report and transcript to be made available upon such request at least fifteen (15) days before final action with respect to any such matter. Section 9. Violation of any provision of this Act or of any of the rules and regulations promulgated pursuant thereto shall be punished as for a misdemeanor. Crimes. Section 10. The operation or maintenance of an unlicensed clinical laboratory in violation of this Act is declared a nuisance, inimical to the public health, welfare, and safety. The Director of the Department, in the name of the people of the State through the Attorney General may, in addition to other remedies herein provided, bring an action for an injunction to restrain such violation or to enjoin

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the future operation or maintenance of any such clinical laboratory until compliance with the provisions of this Act or the rules or regulations promulgated hereunder has been demonstrated to the satisfaction of the Department. Nuisances. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. GEORGIA HEALTH CODE AMENDEDTRANSFER OF GEORGIA RESIDENTS FROM OUT OF STATE MENTAL HOSPITALS Code 88-508.10 Enacted. No. 1135 (Senate Bill No. 397). An Act to amend Code Title 88 known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, particularly by an Act approved April 21, 1969 (Ga. L. 1969, p. 505), 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, particularly by an Act approved April 21, 1969 (Ga. L. 1969, p. 505), is hereby amended by adding at the end of Chapter 88-5 a new section to be designated as Code section 88-508.10 to read as follows: 88-508.10. 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

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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 shall 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 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 pursuant to the provisions of this Chapter in relation thereto. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. ADMINISTRATIVE EXPENSE STATE'S WORKMEN'S COMPENSATION SELF INSURANCE PROGRAM. No. 1137 (Senate Bill No. 419). An Act to amend an Act authorizing 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, approved April 2, 1969 (Ga. L. 1969, p. 234), so as to remove the provisions requiring the operating expenses of the office of the Supervisor of Purchases in connection with the Workmen's Compensation Program to be prorated and charged to the various

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boards, bureaus, commissions, departments, agencies and authorities of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing 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, approved April 2, 1969 (Ga. L. 1969, p. 234), is hereby amended by striking section 2 in its entirety. Section 2 of 1969 Act repealed. 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 20, 1970. EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST ACT. No. 1138 (House Bill No. 734). An Act to require the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempted from taxation for school purposes; to require such digest to be established and maintained each year on a continuing basis; to provide a method and manner for establishing and maintaining such digest; to authorize the use of certain personnel and firms for the purposes of this Act; to provide for minimum qualifications and standards for employment and use of certain personnel and firms; to

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provide for the annual submission of certain digest information to the State Board of Education and to others; to provide that the Auditor shall make a determination as to the correctness of such digests upon the request of certain parties; to provide for the arbitration of disputes and for the selection, oath, qualifications and compensations of arbitrators and for the finality of their decision; to provide for the payment of costs of arbitration; to provide that no computations shall be made on the basis of such digests under certain conditions; to provide for the creation of a Board of Equalization; to provide that the Board shall formulate certain policies, procedures, standards, and criteria; to provide for all procedures, requirements and other matters relative to the foregoing; to provide that the average ratio of assessed value to true value of county property for school purposes for the 1969-1970 calendar years shall be the same such ratio as was used for such purposes in 1968; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Auditor shall establish, no later than November 15, 1971, and each year thereafter, on a continuing basis, an equalized adjusted school property tax digest for each county in the State and for the State as a whole for the preceding calendar year, excluding therefrom all real and personal property exempted from taxation for school purposes. The Auditor is hereby authorized to establish a unit within the Department of Audits, consisting of such number of personnel as he deems necessary, in order to establish and maintain on a continuing basis said equalized adjusted school property tax digest. Said equalized adjusted school property tax digest shall be established and maintained as follows: (a) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and exclusive

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of public utility property shown on the county public utility property tax digest. (b) Divide the sum of the locally assessed valuation of the county property tax assessment digest by the ratio of assessed value to true value of such property established by the Auditor in accordance with provisions of subsection (f) of this Section. (c) Determine the sum of the assessed valuation of the county public utility property tax digest for the preceding calendar year and divide said sum by the equalization ratio for such year established by the State Revenue Commissioner for the purpose of assessing public utility properties throughout the State. (d) Beginning with the report established on November 15, 1973, add the sums obtained by the calculations prescribed in subsections (b) and (c) of this Section to the sums obtained by such calculations for each of the immediately preceding two years and divide the result by three to obtain an average of said sums for the most recent three years. (e) The total of the sums obtained through the calculations prescribed in subsections (b), (c) and (d) of this Section shall be known as the current equalized adjusted school property tax digest of the county, and the sum of the current equalized adjusted school property tax digest of all counties of the State combined shall be known as the current equalized adjusted school property tax digest for the State as a whole. (f) Establish no later than October 30, 1971, and thereafter as provided herein, for each county in the State, the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding public utility property, by establishing the ratio of assessed value to sales price for a representative number of parcels of real property, title to which was transferred during a preceding period of time, to be determined by the Auditor, and the average ratio of assessed value to sales price for

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the county as a whole based upon a representative number of usable transactions studied; provided, however, the representative number of parcels of real property used for such study shall not include any parcel, title to which was transferred pursuant to the exercise of the power of eminent domain; provided further, that no single parcel included in such study shall have a sales price which exceeds 5% of the total sales price of all parcels included in such study; and provided further, the Auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the Auditor. The Auditor may make appraisals on other types of real property located within the county provided adequate reliable sales data cannot be obtained on such property, and he may develop separate ratios for personal property. Section 2. The average ratio of assessed value to true value of county property to be established by the Auditor for the purposes of subsection (f) of Section 1 of this Act shall be established through the use of personnel of the Department of Audits who have sufficient competence and expertise in the fields of property evaluation and appraisal techniques by way of education, training and experience. Section 3. The average ratio of assessed value to true value determined for each county as hereinabove provided shall be used as provided for in this Act until such time as a new ratio is determined, on a continuing basis, for a particular county; provided, however, when any county digest submitted to the State Revenue Commissioner under the provisions of Code Section 92-6917 reflects an increase or decrease of 5% or more from the digest of the year in which the last ratio was established for that county in accordance with subsection (f) of Section 1 of this Act, it shall be the duty of the Auditor, in accordance with the procedures prescribed herein, to determine a new ratio for such county as soon as the necessary studies can be completed.

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Section 4. On or before November 15, 1971, and each year thereafter, the Auditor shall furnish to the State Board of Education the sum of the current equalized adjusted school property tax digest of each county in the State and the sum of the current equalized school property tax digest for the State as a whole, determined in accordance with the provisions of this Act. As to those counties which have more than one school system located therein, the Auditor shall furnish the State Board of Education a breakdown of the current county equalized adjusted school property tax digest showing the amount thereof applicable to property located within each of the school systems located within the county. At the same time, the Auditor shall furnish, by registered mail, the governing authority of each county and each municipality having an independent school system, the local board of education of each county and independent school system, the tax commissioner or tax collector of each county and the board of tax assessors of each county, the sum of the current equalized adjusted school property tax digest of the county or the independent school system area, as the case may be, and the sum of the current equalized adjusted school property tax digest for the State as a whole. Section 5. (a) The governing authority of the several counties and of the several municipalities having independent school systems and the local board of education of each county or area school district and the independent school system shall, if feeling themselves or their constituents or patrons aggrieved, have a right, upon request made within 30 days after receipt of such digest information, to refer the question of correctness of the sum of the current equalized adjusted school property tax digest of the county or independent school system area to the Auditor. It shall be the duty of the Auditor to take any steps necessary to make a speedy determination of the correctness of said digest and notify all interested parties of said determination within 45 days after receiving the request questioning the correctness of said digest. (b) If the parties questioning the correctness of said digest are dissatisfied with the determination made by the

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Auditor pursuant to the provisions of subsection (a) of this Section, they shall have the right, which must be exercised within 15 days after being notified of the determination made by the Auditor, to refer the question of the correctness of said digest to a board of arbitrators consisting of three members, one to be chosen by the Auditor, one to be chosen by the governing authority of the local board of education requesting such arbitration, and one to be chosen within 15 days thereafter by the other two members of the board. In the event the two arbitrators cannot agree to a third member, the Chief Justice of the Supreme Court of Georgia shall appoint said third member upon petition of either parties with notice to the opposite party. Said board of arbitrators or a majority thereof shall, within 30 days after appointment of the full board, render their decision upon the correctness of the sum of the digest in question and the extent and manner in which the sum of such digest should be corrected, if correction of same is required, and said decision shall be final. The Auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report such corrections to the parties entitled to receive such information under the provisions of Section 4 of this Act. The members of the boards of arbitration shall take and subscribe to an oath before the Auditor to faithfully and impartially perform the duties required of them in connection with the controversy concerning the correctness of the sum of the digest in question and to render their decision thereon within the time required. The members of the board of arbitration shall be paid a sum not to exceed $100.00 per day for services rendered. All costs of arbitration of matters arising under the provisions of this Act shall be shared and paid equally by the Department of Audits and by the governing authority of the local board of education requesting such arbitration. (c) Upon receiving notice that the sum of the current equalized adjusted school property tax digest of any county or independent school system in being questioned pursuant to the provisions of subsection (a) of this Section, it shall be the duty of the Auditor to notify the State Board of Education that such digest is being questioned, and no computations shall be made on the basis of such digest under

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the provisions of the Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, until said digest has been corrected, if necessary, pursuant to the provisions of subsections (a) and (b) of this Section. Section 6. (a) There is hereby created the Board of Equalization which shall be composed of one member from each of the congressional districts who shall be appointed by the Governor subject to the confirmation of the Senate. The Governor, in making his initial appointments, shall appoint two members for a term of office of one year, two members for a term of office of two years, two members for a term of office of three years, two members for a term of office of four years, and two members for a term of office of five years. Thereafter all appointments of successors to the initial members of the Board shall be for terms of office of five years. The members of the Board shall receive the same compensation, per diem, expenses and allowances as are authorized for legislative members of interim legislative study committees, and such compensation, expenses per diem and allowances shall be paid from the funds appropriated and available to the Department of Audits. (b) The Board shall be charged with the duty and responsibility of formulating policies, procedures, standards and criteria to be employed by the State Auditor in regard to the studies and duties imposed upon him by the provisions of this Act. Such policies, procedures, standards and criteria shall not conflict with the provisions of this Act, however. In conducting such studies and in establishing such ratios, the State Auditor shall perform such activities in conformity with and pursuant to the directives, policies, standards, procedures and criteria established therefor by the Board and the provisions of this Act. (c) The Board shall elect one of their number to serve as chairman for the ensuing 12 month period at the first meeting conducted by the Board in each year. The Board shall meet at the call of the chairman.

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Section 7. Notwithstanding any provisions of this Act to the contrary, for the calendar years 1969 and 1970, the equalized school property tax digest for each county and the State as a whole shall be the same such digests, as corrected, as were prepared by the State Auditor and used for the purposes of this Act for the 1968 calendar year. The average ratio of assessed value to true of county property for school purposes to be used for the calendar year 1970 shall be the same such ratios as were used for the purposes of this Act in the calendar year 1968. The State Auditor shall not make a State radio study in 1970. Section 8. An Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and the State as a whole, excluding therefrom real and personal property exempted from taxation for school purposes, 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 repealed in its entirety. 1964 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. Approved March 20, 1970. MOTOR VEHICLESINTENTIONAL OPERATION TO CREATE DANGER TO PERSONS OR PROPERTY. No. 1139 (House Bill No. 50). An Act to prohibit drivers of motor vehicles from deliberately and intentionally operating such vehicles upon the public streets and highways or upon public or private driveways or parking lots in such a manner as to create a

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danger to persons or property; to provide for exemptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, or parking lots, in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zig zag or circular course, or to gyrate or spin around, except to avoid a collision or injury or damage. Section 2. The offenses described herein shall be sufficiently identified on any traffic ticket, warrant, accusation or indictment when referred to as Laying Drags. Section 3. This Act shall not apply to drivers operating vehicles in or on any raceway, drag strip or similar place customarily and lawfully used for such purposes. Section 4. Any person violating the provisions in Section 1 shall be guilty of a misdemeanor and punished accordingly. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. GEORGIA CIVIL PRACTICE ACT AMENDEDENFORCEMENT OF DEFAULT JUDGMENTS No. 1140 (House Bill No. 139). An Act to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, particularly by an Act

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approved March 30, 1967 (Ga. L. 1967, p. 226), so as to provide that execution upon a default judgment and proceedings thereon may be taken for its enforcement as soon as it is entered; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, particularly by an Act approved March 30, 1967 (Ga. L. 1967, p. 226), is hereby amended by striking the first sentence from subsection (a) of section 62, and by inserting in lieu thereof a new first sentence to read as follows: Execution upon a default judgment and proceedings thereon may be taken for its enforcement as soon as it is entered., so that when so amended subsection (a) of section 62 shall read as follows: (a) Execution upon a default judgment and proceedings thereon may be taken for its enforcement as soon as it is entered. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of subdivision (c) of this section govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970.

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GEORGIA BUILDING AUTHORITY (PENAL) ACT AMENDEDBONDS. No. 1141 (House Bill No. 659). An Act to amend an Act known as the Georgia Building Authority (Penal) Act, approved March 17, 1960 (Ga. L. 1960, p. 892), as amended particularly by an Act approved April 18, 1967 (Ga. L. 1967, p. 810), and an Act approved April 20, 1967 (Ga. L. 1967, p. 864), so as to increase the amount of bonds which the Authority may issue; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Building Authority (Penal) Act, approved March 17, 1960 (Ga. L. 1960, p. 892), as amended particularly by an Act approved April 18, 1967 (Ga. L. 1967, p. 810), and an Act approved April 20, 1967 (Ga. L. 1967, p. 864), is hereby amended by striking from section 5 the following: twelve million ($12,000,000.00) dollars, as it appears in two places in said section and inserting in lieu thereof, in both of said places, the following: twenty million ($20,000,000.00) dollars, so that when so amended section 5 shall read as follows: Section 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed twenty million ($20,000,000.00) dollars for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. Once a total of twenty million ($20,000,000.00) dollars in revenue bonds has been issued, no revenue bonds shall be issued thereafter. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated,

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shall bear interest at such rate or rates payable semi-annually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1970. SOUTHWESTERN STATE HOSPITAL IN BAINBRIDGENAME CHANGED TO BAINBRIDGE STATE HOSPITAL. No. 1142 (Senate Bill No. 333). An Act to change the name of the unit of the Southwestern State Hospital located at Bainbridge, Decatur County, Georgia, to the Bainbridge State Hospital; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Unit of the State mental institution located at Bainbridge, Decatur County, Georgia, and known as one of the units of the Southwestern State Hospital, shall henceforth be designated and known as the Bainbridge State Hospital. This shall not be construed to affect the name of the unit of said hospital located in Thomasville, Georgia. Section 2. All references contained within prior Acts of the General Assembly, the Code of Georgia, or Rules or Regulations, shall, when referring to the unit of said Southwestern State Hospital located in Bainbridge, Decatur

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County, Georgia, be deemed and construed to refer to the Bainbridge State Hospital. Section 3. No legal, quasi-legal, appropriations or official proceeding shall be abated because of this change of name from Southwestern State Hospital to Bainbridge State Hospital made herein, but the appropriate name Bainbridge State Hospital shall be substituted in said proceeding. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. DEPARTMENT OF ARCHIVES AND HISTORY BE OPEN ON SATURDAYS. No. 1158 (House Bill No. 1282). An Act to require that the Department of Archives and History make certain of its facilities available for the use of the general public on certain Saturdays; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Department of Archives and History shall make accessible to the general public during the hours of 9:30 a.m. to 3:30 p.m. on every Saturday, except legal holidays, such records and facilities as are ordinarily available to the public during regular office hours on week-days. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

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RURAL ELECTRIC MEMBERSHIPS CORPORATIONSPOWERS OF BOARD OF DIRECTORS. No. 1195 (Senate Bill No. 311). An Act to amend an Act entitled, An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services to its members; providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purpose to reincorporate hereunder, and validating certain acts, covenants, contracts, and obligations of such corporations; and for other purposes., approved March 30, 1937 (Ga. L. 1937, p. 644), as amended, so as to provide that the board of directors of electric membership corporations shall have full power and authority to authorize execution and delivery of certain documents or legal instruments to national financing institutions, for financing of members' programs, projects and undertakings, in which a corporation holds membership, or to any other entity; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act providing for the formation of cooperative nonprofit membership corporations to be known as electric membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services, to its members, providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction

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of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such corporations with respect to regulation; authorizing existing corporations organized for the same general purpose to reincorporate hereunder, and validating certain acts, covenants, contracts and obligations of such corporations; and for other purposes., approved March 30, 1937 (Ga. L. 1937, p. 644), as amended, is hereby amended by striking subsection (e) 1. of Section 16 in its entirety and substituting in lieu thereof a new subsection (e) 1. to read as follows: (e)1. The board of directors of a corporation shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust, or the pledging or incumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the corporation, whether acquired or to be acquired, and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the corporation to the United States of America or any agency or instrumentality thereof, or to a national financing institution, organized on a cooperative plan, for the purpose of financing its members' programs, projects and undertakings, in which a corporation holds membership, or to any other entity. Board of directors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

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GEORGIA FACTORY FOR THE BLINDSURPLUS FUNDS. No. 1198 (Senate Bill No. 491). An Act to amend an Act creating the Georgia Factory for the Blind, approved March 30, 1937 (Ga. L. 1937, p. 579), as amended, so as to provide that surplus funds may be accrued by the Factory not to exceed a total of $250,000.00; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Factory for the Blind, approved March 30, 1937 (Ga. L. 1937, p. 579), as amended, is hereby amended by inserting between sections 3 and 4 a new section to be numbered section 3A, and to read as follows: Section 3A. To provide that surplus funds designated as reserve funds accruing at the Georgia Factory for the Blind in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Factory as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of $250,000.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. REAPPORTIONMENT OF SENATE. Code 47-102 Amended. No. 1200 (Senate Bill No. 512). An Act to amend Code Section 47-102 relating to State Senatorial Districts, as amended, so as to change the

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descriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 47-102 relating to State Senatorial Districts, as amended, is hereby amended by striking therefrom in their entirety the provisions relating to Districts 34, 35, 36, 37, 38, 39 and 56 and inserting in lieu thereof new provisions as follows: 34. That portion of Fulton County, more particularly described as follows: Beginning at the point where the north line of Land Lot 121 of the 14th District of Fulton County, Georgia, intersects Lee Street and the Central of Georgia Railroad; thence southerly along the western side of the Central of Georgia Railroad right of way to a point where the Atlanta and West Point Railway merges with the Central of Georgia Railroad, in the City of East Point; thence continuing in a southerly direction along the western side of the right of way of the Atlanta and West Point Railroad to the intersection of said right of way with the Fulton County-Clayton County boundary line; thence northerly; thence westerly and thence in a southerly direction along the said Fulton County-Clayton County boundary line to the intersection of said boundary line with the Fulton County-Fayette County boundary line; thence in a southwesterly direction following the meanderings of the said Fulton County-Fayette County boundary to its intersection with the Fulton County-Coweta County boundary line; thence westerly along the Fulton County-Coweta County boundary line to the intersection of said boundary line with the Fulton County-Douglas County boundary line at the Chattahoochee River; thence in a northerly direction following the meanderings of the Fulton County-Douglas County boundary line and the Fulton County-Cobb County boundary line along the Chattahoochee River to the point where the Utoy Creek flows into the Chattahoochee River; thence in an easterly direction along the south side of said creek to a point where Fairburn Road intersects said creek, which point is just

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north of the intersection of Fairburn Road with Cascade Road; thence in a northerly direction along the east side of Fairburn Road to its intersection with the Atlantic Coast Line Railroad; thence continuing in a northerly direction along the east side of the right of way of the Atlantic Coast Line Railroad to the intersection of said railroad and Brownlee Road in the city limits of Atlanta; thence in a southerly direction along the western side of Brownlee Road to the intersection of said road with North Utoy Creek; thence in a generally eastern direction along the south side of said creek following the meanderings thereof to a point on the north property line of John A. White Park; thence westerly and southerly along the northerly and westerly line of John A. White Park to Cascade Road where Avon Avenue intersects Cascade Road; thence southeasterly and easterly along Avon Avenue to Lorenzo Drive; thence south on Lorenzo Drive to the 1951 Atlanta City Limits; thence southwest along the 1951 Atlanta City Limits Line to the North property line of Fort McPherson; thence east along the Fort McPherson property line and the north line of Land Lots 136 and 121 to the intersection with Lee Street and the Central of Georgia Railroad and the point of begining. 35. That portion of Fulton County, Georgia, more particularly described as follows: Beginning at the point where the north line of Land Lot 121 of the 14th District of Fulton County intersects Lee Street and the right of way of Central of Georgia Railroad; thence south along the west side of the right of way of Central of Georgia Railroad; thence southerly along the west side of Central of Georgia Railroad right of way to the point where Central of Georgia merges with A. W. P. Railroad in the City of East Point; thence continuing in a southerly direction along the west side of the right of way of the A. W. P. Railroad to Fulton-Clayton County boundary lines; thence easterly along said boundary line to the east line of Land Lot 96; thence north along the east line of Land Lot 96 to the north side of Central of Georgia Railroad; thence southeast along said Railroad to the West side of the South Expressway (I-75); thence north along the

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west side of the South Expressway (I-75) to the A. W. P. Railroad; thence northeast along said Railroad to its intersection with Capitol Avenue and the Southern Railway; thence northwest along the southwest side of Southern Railway to McDaniel Street; thence south along the east side of McDaniel Street to the A. W. P. Railroad; thence westerly along the south side of the A. W. P. Railroad to the right of way of the L. N. Railroad; thence northwesterly along the southwest side of the L. N. Railroad to the Central of Georgia Railroad; thence northeast and east along the western side of the Central of Georgia Railroad to the intersection of Lee Street and West Whitehall; thence north on Lee Street to Beecher Street; thence west on Beecher Sreet to Lawton Street; north on Lawton Street to Donnelly Street; thence northwesterly on Donnelly Street to Beecher Street; west on Beecher Street to Cascade Avenue; northeast on Cascade Avenue to Gordon Street; east on Gordon Street to Langhorn Street; north on Longhorn Street to I-20 (West); west on I-20 West to Westview Drive; west on Westview Drive to Gordon Street at Westview Cemetery; thence southeasterly, southerly and westerly along the boundary of Westview Cemetery to the northeast corner of Land Lot 182 of the 14th District of Fulton County; thence south along the eastern line of Land Lot 182 to Utoy Creek; thence in a generally easterly direction along the south side of said Creek, and following the meanderings thereof to the north line of John A. White Park; running thence west and south along the boundary lines of John A. White Park to Cascade Road where Avon Avenue intersects Cascade Road; thence southeasterly and easterly along Avon Avenue to Lorenzo Drive; thence south on Lorenzo Drive to the 1951 Atlanta City Limits; thence southwesterly along the 1951 City Limits Line to the north property line of Fort McPherson; thence east along the Fort McPherson property line and the north line of Land Lot 136 and 121 to the point where the north line of Land Lot 121 of the 14th District of Fulton County intersects Lee Street, and the right of way of the Central of Georgia Railway and the point of beginning. 36. That portion of Fulton County, more particularly described as follows:

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Beginning on the eastern border of Land Lot 14 of the 14th District of Fulton County, which is also the Fulton County-DeKalb County boundary line, at a point on said boundary where it intersects with the right of way of the Georgia Railroad; thence in a southwestern direction along the south side of the right of way of the Georgia Railway to the intersection of said right of way with Butler Street; thence southerly along Butler Street projection thereof and along the east side of Capitol Avenue to the right of way of the A. W. P. Railroad; thence southwest along the south side of the right of way of the A. W. P. Railroad to the South Expressway (I-75); thence southerly along the easterly side of the South Expressway (I-75) to Central of Georgia Railroad; thence westerly along the Central of Georgia Railroad to the east line of Land Lot 96 of the 14th District; thence south along the east line of Land Lot 96 to a line forming the boundary between Fulton and Clayton Counties; thence east along said boundary line to the line dividing Fulton and DeKalb Counties; thence north along the Fulton County-DeKalb County boundary line to its intersection with the Georgia Railroad right of way and the point of beginning. 37. That portion of Fulton County, more particularly described as follows: Beginning at the southeast corner of Land Lot 7 of the 17th District of Fulton County, Georgia, which is also the Fulton County-DeKalb County boundary line; thence in a southerly direction along the Fulton-DeKalb County boundary line to the intersection of said boundary with the Georgia Railroad which intersection is on the eastern boundary of Land Lot 14 of the 14th District of Fulton County, Georgia; thence in a southwestern direction along the north side of the right of way of the Georgia Railroad and continuing along the north side of said right of way to its intersection with Butler Street; running thence northerly along Butler Street to Forrest Avenue; east along Forrest Avenue to Argonne Avenue; north along Argonne Avenue to Tenth Street; east along Tenth Street to its intersection with the Southern Railroad belt line; north along the Southern Railroad belt line and the Southern Railroad main

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line to its intersection with the south land lot line of Land Lot 47 of the 17th District of Fulton County, Georgia; running thence in an easterly direction along the south land lot line of said Land Lot 47 and Land Lot 7 of the 17th District to a point at the southeast corner of said Land Lot 7 on the Fulton-DeKalb County boundary line and the point of beginning. 38. That portion of Fulton County, more particularly described as follows: Beginning at the intersection of Ashby Street and Gordon Street; running thence in an easterly direction along Gordon Street to the Central of Georgia Railroad right-of-way; running thence in a southerly direction along the Central of Georgia Railroad right-of-way to the intersection with Lee Street and West Whitehall Street; running north on Lee Street to Beecher Street; running thence west on Beecher Street to Lawton Street, south on Lawton Street to Donnelley Street; northwesterly on Donnelly Street to Beecher Street; west on Beecher Street to Cascade Avenue; northeast on Cascade Avenue to Gordon Street; east on Gordon Street to Langhorn Street; north on Langhorn to I-20 (West); west on I-20 West to Westview Drive; west on Westview Drive to Gordon Street at Westview Cemetery; thence southeasterly, southerly and westerly along the boundaries of Westview Cemetery to the northeast corner of Land Lot 182; thence south along the east line of Land Lot 182 to Utoy Creek; thence northwesterly, southerly, and westerly along the meanderings of Utoy Creek to the Chattahoochee River; thence in a northeasterly direction following the meanderings of the Fulton County-Cobb County boundary line along the Chattahoochee River to Proctor Creek; thence southeasterly along Proctor Creek to Hollywood Road; thence north at Hollywood Road to the Southern Railroad; thence southeast along the south side of the Southern Railroad to the west side of the L. N. Railroad; thence southeast along the southwest right-of-way of the L. N. Railroad to the south side of Bankhead Highway; thence east along Bankhead Highway to Ashby Street; thence south along the west side of Ashby Street to its intersection

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with the south side of Gordon Street and the point of beginning. 39. That portion of Fulton County, more particularly described as follows: Beginning at the intersection of the Northwest Expressway and Peachtree Creek; running thence west along Peachtree Creek and following the meanderings thereof to its intersection with Moore's Mill Road; running thence south along Moore's Mill Road to its intersection with the Seaboard Air Line Railroad; running thence northwest along the Seaboard Air Line Railroad to the Chattahoochee River; running thence south along the Chattahoochee River to Proctor Creek; thence southeast along Proctor Creek to Hollywood Road; thence north at Hollywood Road to the Southern Railroad; thence southeast along the south side of Southern Railroad to the west side of L. N. Railroad; thence southeast along the southwest side of the L. N. Railroad to the south side of Bankhead Highway; thence east along Bankhead Highway to Ashby Street; thence south along the west side of Ashby Street to the south side of Gordon Street; thence east along Gordon Street to the Central of Georgia Railroad; thence south along the Central of Georgia Railroad to the L. N. Railroad belt line; thence southeasterly along the northeast side of the L. N. belt line to its intersection with the A. W. P. Railroad; thence east along the A. W. P. Railroad to projection of McDaniel Street; thence north along projection of McDaniel Street and McDaniel Street to the Central of Georgia Railroad; thence northeast along the Central of Georgia Railroad to Fair Street; thence northwest along Fair Street to Walker Street; thence northeast along Walker Street to Nelson Street; thence northeast along Nelson Street to Elliott Street; thence north along Elliott Street to the Georgia Railroad; thence southeast along the Georgia Railroad to the projection of Cain Street; thence east along the projection of Cain Street and Cain Street to Williams Street; thence north along Williams Street to North Avenue; thence west along North Avenue to State Street; thence north along State Street extension hereof and State Street to Hemphill Avenue; thence northwest along Hemphill Avenue to the Southern

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Railroad; thence southwest along the Southern Railroad to Howell Mill Road; thence north along Howell Mill Road to the Northwest Expressway; thence north along the Northwest Expressway to Peachtree Creek and the point of beginning. 56. That portion of Fulton County, more particularly described as follows: Beginning at a point on the south land lot line of Land Lot 47 of the 17th District of Fulton County where the same is intersected by the Southern Railroad Main Line; running thence in a westerly direction along the southern Land Lot line of Land Lots 47 and 60 of the 17th District to the intersection of said Land Lot lines with East Wesley Road; continuing thence in a westerly direction along East Wesley Road and West Wesley Road to its intersection with Howell Mill Road; running thence south along Howell Mill Road to its intersection with Peachtree Creek; running thence westerly along said Peachtree Creek and following the meanderings thereof to the intersection of Peachtree Creek with the Northwest Expressway; running thence south along the Northwest Expressway to its intersection with Howell Mill Road; thence south along Howell Mill Road to its intersection with the Southern Railroad; thence north along the Southern Railroad to Hemphill Avenue; southeast along Hemphill Avenue to State Street; thence south along projection of State Street and State Street to North Avenue; east on North Avenue to Williams Street; south on Williams Street to Cain Street and the extension thereof to the Georgia Railroad; north along the Georgia Railroad to Elliott Street; south along Elliott Street to Nelson Street; southwest along Nelson Street to the intersection of Walker Street; southwest along Walker Street to the intersection of Fair Street; thence southeast along Fair Street to the intersection of the Central of Georgia Railroad; thence southwest along the Central of Georgia Railroad to the intersection of McDaniel Street; thence south along McDaniel Street to the intersection of the Southern Railroad; thence southeast along the Southern Railroad to the intersection of Capitol Avenue; thence north along Capitol Avenue to the southwest projection of Butler

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Street; thence northerly along the southwest projection of Butler Street and Butler Street to Forrest Avenue; east along Forrest Avenue to Argonne Avenue; north along Argonne Avenue to 10th Street; east along 10th Street to its intersection with the Southern Railroad Belt Line; north along the Southern Railroad Belt Line and the Southern Railroad Main Line to its intersection with the south land lot line of Land Lot 47 of the 17th District of Fulton County and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. UNSOLICITED MERCHANDISE DEEMED GIFT, ETC. No. 1201 (Senate Bill No. 513). An Act to provide the circumstances under which certain unsolicited merchandise shall be deemed to be an unconditional gift to the recipient of such merchandise; to authorize the institution of an action to enjoin continued efforts to collect for such merchandise; to provide the procedures whereby merchandise forwarded to members of an organization who have terminated their membership shall become an unconditional gift to the recipient; 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. No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares or merchandise, where the offer includes the voluntary and unsolicited sending of such goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares or merchandise shall for all purposes be deemed an unconditional

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gift to the recipient who may use or dispose of such goods, wares or merchandise, unless such goods, wares or merchandise were delivered to recipient as a result of a bona fide mistake, in any manner he sees fit without any obligation on his part to the sender. If, after any such receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party. Section 2. If a person is a member of an organization which makes retail sales of any goods, wares or merchandise to its members, and the person notifies the organization of his termination of membership by certified mail, return receipt requested, any unordered goods, wares or merchandise which are sent to the person after 30 days following execution of the return receipt for the certified letter by the organization, shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares or merchandise in any manner he sees fit without any obligation on his part to the organization. If the termination of a person's membership in such organization breaches any agreement with the organization, nothing in this section shall relieve the person from liability for damages to which he might be otherwise subjected to pursuant to law, but he shall not be subject to any damages with respect to any goods, wares or merchandise which are deemed unconditional gifts to him under this section. If, after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

Page 567

INSURANCE PREMIUM FINANCE COMPANY ACT AMENDED. No. 1202 (Senate Bill No. 517). An Act to amend an Act known as the Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. L. 1969, p. 561), so as to change the amount which may be charged in addition to the maximum service charge on a premium finance agreement; 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 Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. L. 1969, p. 561), is hereby amended by striking from subparagraph (4) of subsection (c) of section 9 the figure 10.00 and inserting in lieu thereof the figure 12.00, so that subparagraph (4) of subsection (c) of section 9, when so amended, shall read as follows: (4) The amount of the service charge, including the additional charge of up to $12.00;. Service charge. Section 2. Said Act is further amended by striking from section 10 the figure 10.00 and inserting in lieu thereof the figure 12.00, so that section 10, when so amended, shall read as follows: 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.

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The service charge shall be a maximum of $7.00 per $100.00 per annum plus an additional charge, which shall not exceed $12.00 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 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 March 21, 1970. GEORGIA AGRIRAMA. No. 1204 (Senate Bill No. 525). An Act to create a new facility under the Board of Regents as an adjunct of the Coastal Plains Experiment Station to be known as the Georgia Agrirama; to provide for a Georgia Agrirama Board of Governors; to provide for the powers and duties of the Georgia Agrirama Board of Governors; to provide for the employment of a director and other personnel; to provide for the acceptance and expenditure of funds; to provide for making and executing contracts and other instruments; 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:

Page 569

Section 1. There is hereby created and established a new facility under the Board of Regents and as an adjunct of the Coastal Plains Experiment Station to be known as the Georgia Agrirama. Created. Section 2. The Georgia Agrirama shall be under the control and supervision of a fourteen member Georgia Agrirama Board of Governors composed as follows: 1. Dean and Coordinator of College of Agriculture 2. Commissioner of Agriculture 3. President, Georgia Farm Bureau Federation 4. Chairman, Senate Agriculture Committee 5. Chairman, House Agriculture Committee 6. Director of Tourism of Industry and Trade 7. Architect in charge of project 8. Director, Coastal Plains Planning Commission 9. Director, Coastal Plains Experiment Station 10. Senator from 9th Senatorial District 11. President, Ag Alumni Association 12. Secretary-Treasurer, Ag Alumni Association 13. Executive Secretary, Historical Commission 14. State Supervisor of Vocational Agriculture Board of governors. Section 3. The Georgia Agrirama Board of Governors shall have the following powers: (a) to elect a chairman and such other officers, from its membership, as it deems necessary or desirable; (b) to adopt bylaws for the conduct of the affairs of said Board; (c) to receive and administer gifts, grants and devices of any property and to administer trusts; (d) to acquire by purchase or gift any real or personal property desired to be acquired as part of any project; (e) to appoint a director and such other employees as the Board deems necessary and provide their compensation and duties; (f) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects, and to pay all or part of the cost of any such project from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the agency is authorized to receive and accept and use. Powers.

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Section 4. The Georgia Agrirama Board of Governors shall be authorized to delegate to the director such of its powers and duties as it deems necessary and desirable, including the power to make and execute contracts and other instruments necessary to exercise the powers of the facility. Director. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. ALAPAHA JUDICIAL CIRCUITASSISTANT COURT REPORTER. No. 1205 (Senate Bill No. 544). An Act to allow an assistant court reporter in the Alapaha Judicial Circuit; to provide that the counties comprising said circuit shall compensate the assistant court reporter; to provide that the assistant court reporter shall receive the contingent expense and travel allowance if the official court reporter does not receive such contingent expense and travel allowance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Where the board of commissioners or other governing authorities of the counties comprising the Alapaha Judicial Circuit have approved the same, there shall be an assistant court reporter for that circuit. The senior judge of the Alapaha Judicial Circuit shall appoint said assistant court reporter in the same manner as he appoints the official court reporter. The board of commissioners or other governing authorities of the counties comprising the Alapaha Judicial Circuit shall set the salary and expenses which such assistant court reporters shall receive. Said sums shall be considered as an expense of the operation of the superior courts in the Alapaha Judicial Circuit. In the event the official court reporter does not receive the contingent expense

Page 571

and travel allowance authorized under Georgia Annotated Code section 24-3107, as amended, the assistant court reporter shall be entitled to and shall receive such contingent expense and travel allowance. 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 21, 1970. FRANKLIN COUNTY SUPERIOR COURTTERMS. No. 1211 (House Bill No. 1072). An Act to change the terms of the Superior Court of Franklin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning with the calendar year 1970, and each year thereafter, the Superior Court of Franklin County shall convene on the fourth Monday in March, the first Monday in August, and the third Monday in October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

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MADISON COUNTY SUPERIOR COURTTERMS. No. 1213 (House Bill No. 1112). An Act to change the terms of the Superior Court of Madison County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning with the calendar year 1970, and each year thereafter, the Superior Court of Madison County shall convene on the third Monday in February and on the third Monday in August. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. LOWNDES COUNTY SUPERIOR COURTTERMS. No. 1217 (House Bill No. 1362). An Act to fix the terms of the Superior Court of Lowndes 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 Lowndes County shall commence on the first Mondays in March, June, September and December. 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 21, 1970.

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GEORGIA STATE BOARD OF NURSING HOMES ACT AMENDED. No. 1225 (House Bill No. 1492). An Act to amend an Act creating the Georgia State Board of Nursing Homes, approved April 8, 1968, (Ga. L. 1968, p. 1143), as amended by an Act approved April 25, 1969, (Ga. L. 1969, p. 744), so as to change the name of the Board of Georgia State Board of Nursing Home Administrators; to alter the composition of the Board by adding additional members; to provide for the qualifications, appointment and terms of such additional members; to change the provisions concerning the granting of waivers to applicants for licenses, so as to provide for conditional licenses until June 30, 1972; to change the provisions concerning the applicability of the Act to homes which rely upon treatment by religious means; to repeal conflicting laws; to provide for an effective date; 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), as amended by an Act approved April 25, 1969, (Ga. L. 1969, p. 744), is hereby further amended by striking in its entirety, subsection (a) of section 1, and by substituting in lieu thereof a new subsection (a) of section 1 to read as follows: (a) The term `Board' means the Georgia State Board of Nursing Home Administrators hereinafter created. Board. Section 2. Said Act is hereby further amended by striking therefrom in its entirety section 2 and by substituting in lieu thereof a new section 2 which shall provide as follows: Section 2. There is hereby created the Georgia State Board of Nursing Home Administrators, which shall consist

Page 574

of twelve (12) members, none of whom may be employees of the U.S. Government, or of the State of Georgia, and the Director of the Georgia Department of Public Health, or his designee, who shall serve as ex-officio member of the Board. The members of the Board shall be appointed by the Governor with the approval of the Secretary of State, and confirmed by the Senate, as follows: Created, members, etc. (a) One member who is a licensed medical doctor in this State and who is not a nursing home administrator or pecuniarily interested in any nursing home, to be appointed from a list of three persons submitted by the Medical Association of Georgia; (b) One member who is a registered nurse in this State and who is not a nursing home administrator or pecuniarily interested in any nursing home, who may be appointed from a list of three persons submitted by the Executive Board of Georgia Nurses Association. (c) One member who is an educator with a graduate degree and specializing in the field of Gerontology, and who is not a nursing home administrator or pecuniarily interested in any nursing home; (d) One member of the public-at-large who is not a nursing home administrator or pecuniarily interested in any nursing home, to be appointed from a list of three persons submitted by the Georgia Commission on Aging; (e) One member who is a hospital administrator in this State and who is the holder of a Master's Degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home, to be appointed from a list of three persons submitted by the Georgia Hospital Association; (f) Seven members, at least one of whom shall represent non-proprietary nursing homes, who are licensed nursing home administrators in this State, who may be appointed from a list of three members for each position submitted by

Page 575

the Board of Directors of the Georgia Nursing Home Association, Inc. The term for all members shall be three years from the date of appointment. A member may be removed for cause by the Governor. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position. Provided, that the persons who, on the effective date of this Amendment are members of the Georgia State Board of Nursing Homes, shall constitute the seven (7) members of the Georgia State Board of Nursing Home Administrators provided for in sub-paragraph (f) above and shall serve the remainder of the term for which they each were appointed. Section 3. Said Act is hereby further amended by striking therefrom in its entirety section 3, and by substituting in lieu thereof a new section 3, to provide as follows: Section 3. After July 1, 1970, no person shall serve as a nursing home administrator until first obtaining a license from the Board. The Board shall issue licenses as nursing home administrators only to persons who: (a) Are at least 21 years of age; Licenses. (b) Are of reputable and responsible character; (c) Are in sound physical and mental health; (d) Meet the standards and the criteria established by the Board to evidence the applicant's qualifications by training and experience to operate a nursing home; (e) Satisfactorily pass a written and/or oral examination designed by the Board to determine the qualifications of the applicant to operate a nursing home.

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Provided, that the Board may grant conditional licensure not to extend beyond June 30, 1972, with respect to any person who, during all of the calendar year immediately preceding the effective date of this Amendment, has served as a nursing home administrator and has been on the approved list of nursing home administrators of the Director of the Georgia Department of Public Health, if: (1) The person meets the standards set by the Board for good character, and (2) The person, during the conditional licensure period, actively participates in a program of training and instruction approved by the Board. Section 4. Said Act is further amended by adding to the end of section 4 the following new sentence: Provided, however, that no license fee shall be required of any superintendent of a State hospital or facility during such time as the superintendent is acting or serving in the capacity as a Nursing Home Administrator in a State institution and as an employee of the State. Exemption. Section 5. Said Act is hereby further amended by striking therefrom in its entirety, subsection (g) of section 8, and by substituting in lieu thereof a new subsection (g) of section 8, to provide as follows: (g) Provided, nothing in this Act or in the rules and regulations adopted hereunder shall be construed to require an applicant for a license as a nursing home administrator, who is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teachings, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions. Rules. Section 6. All laws and parts of laws in conflict herewith are hereby repealed.

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Section 7. This Act shall become effective upon its approval by the Governor or upon becoming law without his approval. Approved March 21, 1970. GEORGIA DEPARTMENT OF PUBLIC SAFETYDUTIES. No. 1228 (House Bill No. 1509). An Act to amend an Act approved March 19, 1937 (Ga. L. 1937, pp. 322-355) creating a Department of Public Safety for Georgia, as amended, particularly by an Act approved February 7, 1950 (Ga. L. 1950, pp. 77-79), an Act approved March 7, 1956 (Ga. L. 1956, pp. 495-496), and an Act approved March 9, 1956 (Ga. L. 1956, pp. 605-606), so as to authorize the members of the Uniform Division of the Department of Public Safety to make arrests, serve and execute warrants, and enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; 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 19, 1937 (Ga. L. 1937, pp. 322-355) creating a Department of Public Safety for Georgia, as amended, particularly by an Act approved February 7, 1950 (Ga. L. 1950, pp. 77-79), an Act approved March 7, 1956 (Ga. L. 1956, pp. 495-496), and an Act approved March 9, 1956 (Ga. L. 1956, pp. 605-606) is hereby amended by inserting between the , and the word other in the second unnumbered paragraph of section 14 of Article II thereof, the following: except on property owned by the State or its departments, bureaus, commissions, or authorities,;

Page 578

by inserting between the words arrest and except in the third unnumbered paragraph of section 14 of Article II thereof, the following: , with the exception herein provided for arrest powers and general law enforcement authority on property owned by the State or its departments, bureaus, commissions, or authorities,; and by adding a new paragraph at the end of section 14 of Article II thereof to read as follows: They are authorized and empowered (a) to arrest any person or persons violating the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; (b) to serve and execute warrants on property owned by the State or its departments, bureaus, commissions, or authorities; and (c) to enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities.; so that when so amended, section 14 of Article II of said Act shall read as follows: Section 14. Duties of the Georgia State Patrol. It shall be the primary duty of the Uniform Division of the Department of Public Safety designated as the `Georgia State Patrol,' to patrol the rural and public roads and highways throughout this State, to prevent, detect and investigate criminal acts, and to arrest and apprehend those charged with committing criminal offenses appertaining thereto, and to safeguard the lives and property of the public. They are empowered to act in cooperation with any other law enforcement agency of this State or of any city, county, or other division thereof, but shall not cooperate with local authorities in preventing the commission of criminal offenses, except on property owned by the State or its departments, bureaus, commissions, or authorities, other than traffic violations on the roads and highways and related offenses, nor in detecting and apprehending, off the roads

Page 579

and highways, those charged with other than traffic and related offenses against the criminal laws of this State, or any other state, or the United States, without specific authority and direction of the Director of Public Safety. They shall not exercise any power of arrest, with the exception herein provided for arrest powers and general law enforcement authority on property owned by the State or its departments, bureaus, commissions, or authorities, except for offenses arising from violation of the traffic laws, or laws regulating the use, ownership, and control of motor vehicles, or for offenses committed upon the highways of the State. Provided that upon request of the governing authorities of any municipality, or of the sheriff of any county or of the judge of the superior court of any county of this State or the Governor of this State, the Director of Public Safety, in unusual circumstances, may, and in the case of an Order from the Governor of Georgia shall, direct members of the Georgia State Patrol to render assistance in any other criminal case, or in the prevention of violations of law, or in detecting and apprehending those violating any criminal laws of this, or any other state, or the United States. Notwithstanding the foregoing, it shall be the duty of members of the State Patrol and agents of the Bureau of Investigation to enter any county or incorporated municipality for the purpose of making arrests and otherwise enforcing any law of this State requiring segregation or separation of the white and colored races in any manner or activity, when request therefor is made by any citizen or official of such county or municipality. The Uniform Division of the Department of Public Safety shall not, however, usurp any of the duties or authority of the sheriffs of this State, or of the police of any incorporated village, town or city, but they shall have the right to make arrests within the corporate limits of any village, town or city in this State where the person or persons committing or suspected of committing a criminal offense is a fugitive or is likely to be a fugitive on account of a crime committed and the assistance of the officers of the

Page 580

municipality cannot be readily obtained before the escape of the fugitive. The Uniform Division of the Department of Public Safety known as the Georgia State Patrol shall have jurisdiction throughout the State of Georgia and in any county thereof, but they shall not exercise any power to suppress rioting or labor strikes or picketing, as provided by law within the limits of the incorporated municipality, or in any county of this State, except upon direction of the Governor of this State on request made by the governing body of such municipality or county. They are authorized and empowered (a) to arrest any person or persons violating the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; (b) to serve and execute warrants on property owned by the State or its departments, bureaus, commissions, or authorities; and (c) to enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities. Section 2. This Act shall become effective immediately upon its being signed by the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. DUTIES OF COUNTY BOARDS OF TAX ASSESSORS. Code 92-6911 Amended. No. 1231 (House Bill No. 1520). An Act to amend Code section 92-6911, relating to the meetings and duties of the board tax assessors, as amended, so as to authorize the board to mail notices of corrections,

Page 581

changes or equalizations on real and personal property of taxpayers by registered or certified mail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-6911, relating to the meetings and duties of the board of tax assessors, as amended, is hereby amended by striking said Code section 92-6911 in its entirety and inserting in lieu thereof a new Code section 92-6911, to read as follows: 92-6911. Meeting of board; duties. The board of county tax assessors in each county may meet at any time to receive and inspect the tax returns to be laid before them by the tax receiver as hereinbefore provided. The board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the board any taxpayer has omitted from his returns any property that should be returned or has failed to return any of his property at a just and fair valuation, the board shall correct such returns and shall assess and fix the just and fair valuation to be placed on the property and shall make a note thereof and attach the same to the returns. It shall be the duty of the board to see that all taxable property within the county is assessed and returned at its just and fair valuation and that valuations as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes or equalizations shall have been made by the board, the board shall, within a period of five days, give notice to any taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business or by sending said notice by registered or certified mail to his last known place of address. In all cases where an assessment is made or return is changed or altered by authority of the county tax assessors, as herein provided, and notice is not given personally to the taxpayer, as herein provided, the notice of such assessment or of such change shall be posted in front of the courthouse door, which posted notice shall contain the name of the owner liable to taxation, if known, and a brief description

Page 582

of the property, if owner is unknown, together with a statement that the assessment has been made, or the return changed or altered as the case may be, and need not contain other information. It shall be the duty of the ordinary of the county to make a certificate as to the posting of such notice, which certificate signed by the ordinary shall be recorded by the board of tax assessors in a book kept for that purpose. A certified copy of such certificate of the ordinary duly authenticated by the secretary of the board, shall constitute prima facie evidence of the posting of such notice as required by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. COUNTY TAXATION TO PROVIDE EMERGENCY AMBULANCE SERVICE. Code 92-3701.19 Enacted. No. 1232 (House Bill No. 1521). An Act to amend Code Chapter 92-37, relating to taxation by counties, as amended, so as to authorize counties to levy and collect taxes for the purpose of providing ambulance services; to declare the providing of such ambulance services to be a public service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-37, relating to taxation by counties, as amended, is hereby amended by adding a new Code section to be designated Code section 92-3701.19, relating to additional purposes for which counties may levy taxes, to read as follows:

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92-3701.19. Additional purposes for which counties may levy taxes. In addition to the purposes enumerated in this section counties may levy and collect taxes for the purpose of providing ambulance services within their respective counties. Ambulance services provided by any county is hereby declared to be a public purpose. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. BANKS AND BANKINGLOANS ON BANK STOCK, ETC. Code 13-2021 Amended. No. 1234 (House Bill No. 1550). An Act to amend Code section 13-2021, relating to loans upon or purchase of bank stock by banks, so as to prohibit loans by banks on its capital notes or debentures and to prohibit purchases by banks of its capital notes or debentures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2021, relating to loans upon or purchase of bank stocks by banks, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 13-2021, to read as follows: 13-2021. Loans Upon or Purchase of Bank Stock. No bank shall make any loan or discount on the security of the shares of its capital stock or its capital notes or debentures, nor be the purchaser or holder of any such shares of stock, capital notes or debentures, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith, and said stock, capital notes or debentures so purchased or acquired shall within six (6)

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months of the time of its purchase be sold and disposed of at public or private sale. The limit of time, however, may be extended by the Superintendent of Banks, if in his judgment it is for the best interest of the bank that such extension be granted, but in no case shall such time be extended longer than twelve (12) months from the time of the purchase of the same by the bank. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. CRIMINAL PROCEDUREFORMS OF AFFIDAVIT FOR ARREST AND ARREST WARRANTS. Code 27-104, 27-105 Amended. No. 1240 (House Bill No. 1576). An Act to amend Code Chapter 27-1, relating to proceedings prior to arrest, as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 668), so as to provide that substantial compliance with the forms for affidavits made or warrants issued for the arrest of offenders against the penal laws of this State shall, in all cases, be sufficient; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 27-1, relating to proceedings prior to arrest, as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 668), is hereby amended by striking from the beginning of Code section 27-104 the following: An affidavit complying with the following form shall, in all cases, be sufficient:, and substituting in lieu thereof the following:

Page 585

Form of affidavit for arrest. An affidavit substantially complying with the following form shall, in all cases, be sufficient:, so that when so amended, Code section 27-104 shall read as follows: `27-104. Form of affidavit for arrest: An affidavit substantially complying with the following form shall, in all cases, be sufficient: Georgia,..... County. Personally came A. B., who on oath says that, to the best of his knowledge and belief, C. D. did, on the..... day of....., in the year....., in the county aforesaid, commit the offense of (insert here all information describing offense as required by Code section 27-103 and Code section 27-103.1) and this deponent makes this affidavit that a warrant may issue for his arrest. A. B. Sworn to and subscribed before me, this the..... day of....., 19......' ....., J.P. Section 2. Said Code Chapter is further amended by striking from the beginning of Code section 27-105 the following: A warrant complying with the following form shall, in all cases, be sufficient: and substituting in lieu thereof the following: Form of warrant for arrest. A warrant substantially complying with the following form shall, in all cases, be sufficient:, so that when so amended Code section 27-105 shall read as follows: `27-105. Form of warrant for arrest. A warrant substantially complying with the following form shall, in all cases, be sufficient: Georgia,..... County. To any sheriff, deputy sheriff, coroner, constable, or marshal of said StateGreeting: A.B. makes oath before me that on the..... day of....., in the year 19....., in the

Page 586

county aforesaid, C. D. did commit the offense of (insert here all information describing offense as required by Code section 27-103 and Code section 27-103.1). You are therefore commanded to arrest the body of the said C. D., and bring him before me, or some other judicial officer of this State, to be dealt with as the law directs. You will also levy on a sufficiency of the property of said C. D. to pay the costs in the event of his final conviction. Herein fail not. ....., J.P.' Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDSCHOOL BUSES. No. 1244 (House Bill No. 1603). An Act to amend an Act entitled The Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, so as to change the definition of a school bus; to provide for certain equipment, standards, requirements and specifications for school buses; to provide for penalties; 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 entitled The Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by striking subsection (f) of section 2 which reads as follows: (f) School bus. Every motor vehicle owned by a public or governmental agency and operated for the transportation

Page 587

of children to and from school or privately owned and operated for compensation for the transportation of children to or from school., in its entirety and inserting in lieu thereof a new subsection (f) of section 2, to read as follows: Repealed. (f) School bus. Every motor vehicle constructed for the specific purpose of transporting children to and from public schools and operated for the transportation of children to public schools in public or privately owned and operated vehicles for compensation for the transportation of children to or from public schools, provided such motor vehicle has complied with all requirements of section 89 of this Act, as said section may now or herafter exist. Section 2. Said Act is further amended by inserting at the end of section 89 four new subsections, to be known as section 89, subsections (f), (g), (h) and (i), to read as follows: (f) On and after January 1, 1971, every new school bus purchased for the transportation of school children shall be painted National School Bus Chrome Yellow. Color. (g) Every bus used for the transportation of school children shall be equipped as follows: Equipment. (1) There shall be an emergency door located at the rear of the body so as to provide an emergency exit, and said door shall be operative from both the interior and exterior of said bus at all times. (2) The driver's seat shall be equipped with a seat belt which shall be fastened so as to secure the driver in said seat at all times when children are being transported on said bus. (3) Combination clearance and marker lights shall be installed at each of the four roof corners. The two said lights on the front of the vehicle shall be amber in color, and the two said lights on the rear of the vehicle shall be red in color. A cluster of three lights shall be mounted between

Page 588

the clearance and marker lights in the front and in the rear of the bus at the roof line thereof. (4) The body of said buses shall be equipped with four (4) hooded or recessed red flasher lights. Said lights shall be at least 5 inches in diameter, sealed beam, and must flash when the bus is stopped to receive or discharge passengers. Two such lights shall be mounted in the front of the body above the windshield, and two such lights shall be mounted on the rear of the body above the rear windows. (5) There shall be installed on the left outerside of the body a stop arm to give notice to drivers of other vehicles that the bus is making a stop. The requirement for a stop arm herein prescribed may be waived by the State Board of Education in the event a more effective warning device is prescribed. (6) The exhaust system of said buses shall be constructed to carry exhaust gases from the engine to a point beyond the outside edge of the rear bumper. This system shall be maintained free of leaks. (7) All floor joints of such buses shall be gas tight and constructed so as to prevent the entry of engine exhaust gases into the passenger compartment. Any opening or separation of joints in the floor shall be repaired before the bus is used for the transportation of children. (h) Every school bus used to transport children to and from school shall comply with the State Board Bus Specifications prescribed by the State Board of Education. (i) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

Page 589

GEORGIA HEALTH CODE AMENDEDDEAD BODIES. Code 88-2709 Amended. No. 1245 (House Bill No. 1613). An Act to amend Code section 88-2709, relating to illegal traffic in human bodies, so as to allow payments by the Board for distribution of unclaimed dead bodies to next of kin of burial benefits similar to those paid by the Social Security Administration, Veterans Administration and the Railroad Retirement System; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-2709, relating to illegal traffic in human bodies, is hereby amended by adding at the end thereof the following proviso: ; provided, however, that the Board for the distribution and delivery of dead bodies established by Code section 88-2701 shall be empowered to make payments to next of kin as burial benefits amounts not exceeding those payable from time to time by the Social Security Administration., so that Code section 88-2709, when so amended, shall read as follows: 88-2709. Illegal traffic in human bodies. Whoever shall sell or buy such body as is required by law to be delivered to the Board for the distribution and delivery of dead bodies, or any other dead human body, or in any way traffic in the same, or shall transmit or convey, or procure the transmission or conveyance of same to be done, such body, or any other dead human body, to any place outside of this State for purposes of sale or dissection, shall be punished by imprisonment and labor in the penitentiary not less than one (1) nor more than ten (10) years; provided, however, that the board for the distribution and delivery of dead bodies established by Code section 88-2701 shall be empowered to make payments to next of kin as burial benefits amounts

Page 590

not exceeding those payable from time to time by the Social Security Administration. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS ACT AMENDED. No. 1246 (House Bill No. 1622). An Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968 (Ga. L. 1968, p. 308), as amended by an Act approved April 28, 1969, 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 January 1, 1971; 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 (Ga. L. 1968, p. 308), as amended by an Act approved April 28, 1969, is hereby 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 January 1, 1971, each individual who wishes to qualify as a Master of 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

Page 591

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 January 1, 1971, 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 January 1, 1971, shall take the examination and qualify under this Act before engaging in said vocation or business. Exemptions from examinations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. GAME AND FISHSALT WATER CRAWFISH. No. 1250 (House Bill No. 1670). An Act to regulate the taking and possessing of salt water crawfish; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person, firm or corporation shall take or have in his possession at any time, regardless of where taken, any salt water crawfish (spiny lobster or crayfish) of the species Panulirus argus unless such salt water crawfish (spiny lobster or crayfish) of the species Panulirus argus shall have a carapace measurement of more than three (3) inches or shall have a tail measurement of more than five and one half (5) inches, not including any protruding muscle tissue. The carapace (head, body, or front section) measurement shall be determined by beginning at the anteriormost edge

Page 592

(front) of the groove between the horns directly above the eyes, then proceeding along the mid-dorsal line (middle of the back) to the rear edge of the top part of the carapace. The tail (segmented portion) shall be measured lengthwise along the center of the entire tail until the rearmost extremity is reached; provided, the tail measurement shall be conducted with the tail in a flat straight position with the tip of the tail closed. The tail measurement shall not be permitted while the crawfish is in a whole condition. Crawfish must remain in a whole condition at all times while being transferred on, above, or below the waters of the State and the practice of wringing or separating the tail (segmented portion) from the body (carapace or head) section shall be prohibited on the waters of this State except by special permit issued by the Director of the State Game and Fish Commission. Any tail so separated under the provisions of a special permit shall measure no less than six inches measured lengthwise from the point of separation along the center of the entire tail until the rearmost extremity is reached; provided, the tail measurement shall be conducted with the tail in a flat straight position with the tip of the tail closed. Said measrement shall be applicable on board any vessel used for the taking of crawfish or at the dock where such crawfish are unloaded. It shall not be applicable where crawfish are in the possession of seafood dealers. Egg-bearing female crawfish shall not be taken or possessed at any time. Egg-bearing female crawfish found in traps shall be immediately returned to the water free, alive and unharmed. The practice of stripping or otherwise molesting egg-bearing crawfish in order to remove the eggs is prohibited. Section 2. No person, firm, or corporation shall have in his possession at any time, or fish with, set, place, or cause to be fished with, set or placed, any trap other than those described below:

Page 593

1. Wood slat traps, not to exceed three (3) feet in length, two (2) feet in width and two (2) feet in height, or the equivalent in cubic feet; 2. Ice cans, drums, and similar devices, provided that no trapping device shall at any time include grains, spears, grabs, hooks, or similar devices. A. The traps and methods of taking crawfish described in sub-paragraphs 1. and 2. may be used only during those periods of time when such activities are permitted under law and may not be used during those periods when crawfish trapping and taking are prohibited. Traps may be placed in the water and baited ten (10) days prior to the opening of the crawfish season and shall be removed within five (5) days after the close of the crawfish season; provided, however, nothing herein shall authorize the landing or sale of any crawfish during the closed season. B. The traps described in subparagraphs 1. and 2. may be reinforced with sixteen (16) gauge, one (1) inch poultry wire as protection against the ravages of turtles. Such reinforcement shall be limited to the sides of the trap. The tops and bottoms shall not be so protected. A buoy shall be attached to each trap, provided, however, whenever traps are tied together in a trot line, which trot line shall not exceed twenty (20) traps, a flag buoy shall be attached to each of the end traps which flag shall be easily distinguished, seen and located and shall bear the permit number. This buoy must be of sufficient strength and buoyancy to continuously remain afloat and must of such color, hue, and brilliancy as to be easily distinguished, seen and located. Each trap, can, drum, and similar device used for taking or attempting to take crawfish must have a permit number permanently attached to the device and the buoy. This permit number may be issued by the Director of the State Game and Fish Commission upon the receipt of application by the owner of the traps, cans, drums, buoys, or similar devices. The design of the applications and of the permit number shall be determined by the Director. The trap permit number shall be painted or affixed in legible

Page 594

figures at least three (3) inches high on each buoy, drum, can, trap, or similar device used in the taking or in attempting to take crawfish, other than the devices listed and described in subparagraphs 1. and 2. or paragraph (a), with permit number attached as prescribed in this paragraph, shall be seized and destroyed by the Director of the State Game and Fish Commission or his appointed officers. The crawfish permit must be on board boat and with the operator, subject to inspection at all times. Only one (1) permit shall be issued for each boat. The crawfish permit number must be prominently displayed above topmost portion of boat at all times while engaged in crawfish operation so as to be easily and readily identified. Possession of crawfish traps or other devices for the taking of crawfish, above or below the surface of the water or the placing or setting of traps or similar devices during the closed season shall be unlawful, except as authorized herein. Upon the arrest and conviction for violation of any of the crawfish regulations or laws, the permit holder must show just cause why his permit should not be suspended or permanently revoked. Section 3. No person, firm or corporation shall take or have in his possession, regardless of where taken, any salt water crawfish (spiny lobster or crayfish) of the species Panulirus argus, between March 31 and August 1, each year, except as specifically provided by regulation of the State Game and Fish Commission, for storage and distribution of inventory stocks. Closed season. Section 4. No common carrier or employee of said carrier may carry or knowingly receive for carriage or permit the carriage of any crawfish of the species Panulirus argus, regardless of where taken, between March 31 and August 1, of each year, except of the species Panulirus argus lawfully imported from a foreign country for reshipment outside of the territorial limits of the State; but in no case will such shipment be permitted to pass through the territorial limits of the State unless accompanied by certified invoice

Page 595

and the crawfish must be immediately shipped out of the State from the port of entry and may not be processed or repackaged in any manner while in Georgia. Shipment. Section 5. Any person violating any provision of this Act shall be guilty of a misdemeanor and punished as provided by law. Crimes. 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 March 21, 1970. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDRENTAL OF PROPERTY, ETC. No. 1252 (House Bill No. 1696). An Act to amend an Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 29, 1968 (Ga. L. 1968, p. 496), so as to provide that if the sole use of property purchased under a certificate is the transportation of persons for hire while holding it for sale, the purchaser may elect to include in gross receipts the transportation charges; 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 entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an

Page 596

Act approved March 29, 1968 (Ga. L. 1968, p. 496), is hereby further amended by striking section 8 in its entirety and inserting in lieu thereof a new section to be designated section 8, to read as follows: Section 8. (a) If a purchaser who gives a certificate makes any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the use shall be deemed a retail sale by the purchaser as of the time the property is first used by him, and the cost of the property to him shall be deemed the gross receipts from such retail sale. If the sole use of the property other than retention, demonstration, or display in the regular course of business is the rental of the property while holding it for sale or the transportation of persons for hire while holding the property for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged or the total amount of the charges made by him for the transportation rather than the cost of the property to him. (b) If a person who engages in the business of processing, manufacturing or converting industrial materials into articles of tangible personal property for sale, whether as custom made or stock items, makes any use of such an article other than retaining, demonstrating or displaying it for sale, such use shall be deemed a retail sale as of the time such article is first used by him and its fair market value at such time shall be deemed the sales price of such article. If the sole use of such article other than retaining, demonstrating or displaying it for sale is the rental of such article while holding it for sale, the processor, manufacturer or converter may elect to treat the amount of the rental charged rather than the fair market value of such article as its sales price. Section 2. This Act shall become effective April 1, 1970. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

Page 597

CHILDRENAPPRENTICESHIPS. Code 66-202 Repealed. No. 1253 (House Bill No. 1701). An Act to repeal Code section 66-202, relating to parents binding out minor children; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 66-202, relating to parents binding out minor children, is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. REVENUEBONDS OF BUSINESSES DEALING IN MALT BEVERAGES. No. 1258 (House Bill No. 1735). An Act to amend an Act known as An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, so as to require the filing of bonds with the application for a license or a renewal thereof; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 598

Section 1. An Act known as An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, is hereby further amended by striking section 3 thereof in its entirety and inserting in lieu thereof a new section to be designated section 3, to read as follows: Section 3. (a) The State Revenue Commissioner of this State, hereinafter referred to as the Commissioner, shall enforce this Act and shall promulgate such regulations as he deems necessary for this purpose. (b) The State Revenue Commissioner shall have authority to require, in addition to other bonds required by this Act, a bond to be filed with the application for a license or the renewal thereof, conditioned to pay all sums which may become due by said applicant to the State of Georgia as taxes, license fees, or otherwise, by reason of or incident to, the operation of said business and to comply with all the laws, rules and regulations pertaining to malt beverages. Said bonds shall be in such form and in such amount approved by the Commissioner, not to exceed the following: Manufacturers of Crowns, $15,000.00; Wholesalers, $1,000.00; Retailers, $500.00. Section 2. This Act is hereby declared to be a clarification of the original intention of the General Assembly rather than a substantive change of the authority vested in the State Revenue Commissioner and shall be construed for all purposes as though it had always read as amended. Section 3. This Act shall become effective upon its approval, or its otherwise becoming law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

Page 599

INVESTMENT OF FUNDS IN REGISTRY OF SUPERIOR COURT. No. 1259 (House Bill No. 1737). An Act to authorize superior court clerks in all counties where the clerks are on a salary basis to invest funds deposited in the registry of the court, to define investments in which such funds may be made, to provide that the investment income from such fund shall be paid over to the county treasury as court costs, to repeal conflicting laws, to prescribe the effective date of the Act, and for other purposes: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. In all counties in this State where the clerk of the superior court is on a salary basis, the clerk of the superior court is hereby authorized to invest any and all funds paid into the registry of the court where it is contemplated that such funds may be held for thirty days or longer. Authorized. Section 2. Such funds may be invested in the bonds or other obligations issued by the United States Government or of any corporation created by an Act of Congress and guaranteed by the United States Government; farm loan bonds issued by the Federal Land Banks or Joint Stock Land Banks under an Act of Congress known as the Federal Farm Loan Act; in bonds or other securities issued by this State or any other state or in any county or municipal bonds, including the bonds of the county of the Clerk's office so investing; in bonds issued by school districts provided such county, municipal and school bonds have been validated as required by law; in certificates of deposit issued by any National Bank or bank chartered by the State of Georgia bearing interest; time deposits in any State or National Bank; or deposited in any Federal Savings and Loan Association or any state chartered building and loan association insured by the Federal Savings and Loan Insurance Corporation; or in a savings account in any bank insured by the Federal Deposit Insurance Corporation, provided the

Page 600

sum deposited shall not exceed the amount insured. All income received from investments of such funds shall be paid over to the county treasury as court costs within thirty (30) days after it is received. Provided any funds paid into court by a party or parties to a case and to be held in escrow by said clerk for their benefit, the income therefrom shall be paid to the party or parties as provided for by order of court. Same. Income, etc. Section 3. This Act shall become effective upon its passage by the General Assembly and approval by the Governor or operation of law. Effective date. Section 4. Should any part or portion of this Act be declared invalid or unconstitutional for any reason by any court of competent jurisdiction, such declaration shall not affect the remaining portions of this Act not so declared to be invalid but the same shall remain in full force and effect as if separately adopted. Severability. Section 5. All laws in conflict herewith are hereby repealed. Approved March 21, 1970. PRIVATE EMPLOYMENT AGENCIES ACT AMENDED. No. 1263 (Senate Bill No. 452). An Act to amend an Act regulating and providing for the supervision of the business of private employment agencies approved March 17, 1959 (Ga. L. 1959, p. 283), so as to increase the bond of employment agencies; to require employment agency franchisors to obtain a license and a bond; to define franchisor and franchisee; to require employment agencies to furnish a copy of the contract to each applicant; to change the penalties for violations of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 601

Section 1. An Act regulating and providing for the supervision of the business of private employment agencies, approved March 17, 1959 (Ga. L. 1959, p. 283), is hereby amended by striking from subsection (i) of section 1 the words, symbols and figure one thousand ($1,000.00) dollars and inserting in lieu thereof the words, symbols and figure two thousand ($2,000.00) dollars, or should a person or firm be the holder of several licenses, then bond or bonds totaling ten thousand ($10,000.00) dollars shall be sufficient, so that subsection (i) of section 1, when so amended, shall read as follows: (i) Every application for a license shall be accompanied by a bond in the sum of two thousand ($2,000.00) dollars, or should a person or firm be the holder of several licenses, then bond or bonds totaling ten thousand ($10,000.00) dollars shall be sufficient, with a duly licensed and authorized surety company, to be approved by the Commissioner of Labor and filed in the office of the Commissioner of Labor, and shall be conditioned that the person applying for the license will comply with the provisions of this Act and with the terms of each and every agreement entered into and between said person and any employee or employer, and that the applicant shall return to the employee or employer all moneys paid out by him, as set forth in Section 3 of this Act, as well as any money or valuable consideration of any kind or nature taken wrongfully from or suffered by the employer or employee. If, at any time, in the opinion of the Commissioner of Labor, any of the sureties shall become irresponsible, the person holding the license shall, upon written notice from the Commissioner of Labor, furnish a new bond, subject to the provisions of this Section. Failure to furnish a new bond within fifteen (15) days after such notice, in the discretion of the Commissioner of Labor, shall operate as revocation of such license and license shall thereupon

Page 602

be returned to the Commissioner of Labor who shall revoke same. Bonds. Section 2. Said Act is further amended by adding a new subsection at the end of section 1 to be designated subsection (t) to read as follows: (t) Employment agency franchisors operating in the State of Georgia shall obtain licenses as provided herein, but such employment agency franchisors shall not be required to obtain more than one license unless they operate such employment agency franchises as company owned businesses. The provisions of subsections (b) and (c) of this Section shall not apply to employment agency franchisors. Franchisors shall continue to file applications of their licenses annually and comply with all terms of renewal as otherwise required of licensees under this Act, so long as there is operating within this State any franchisee of said franchisor. Each application for a license by a franchisor shall be accompanied by a bond in the sum of twenty thousand ($20,000.00) dollars. The license fee for franchisors shall be five hundred ($500.00) dollars annually. Franchisors etc. `Franchisor' shall mean a person, firm or corporation who, for a fee or a royalty, grants to another who is an employment agent or agency, the right and permission to use a certain name, symbol, slogan, systems, procedures or documents. `Franchisee' shall mean a person, firm or corporation who operates or contemplates operating as an employment agent or agency and who pays or agrees to pay a fee or royalty to another for the right and permission to use a certain name, symbol, slogan, systems, procedures or documents. The license of any agent or agency who enters into a franchise agreement with a franchisor who is not duly licensed in the State of Georgia shall automatically be revoked. Section 3. Said Act is further amended by striking subsection (a) of section 3 in its entirety and inserting in lieu thereof a new subsection (a) of section 3 to read as follows:

Page 603

(a) Every employment agency shall enter into a written agreement or contract with every employee for services to be rendered and the agreement or contract shall contain the employment agency's service charges to the employee, the time and method of payment and the definition of `accepted employment', `temporary employment', charge for `supposedly permanent employment which proves to be temporary', charge for `accepting the employment and not reporting for duty' and `method of payment'. The employment agency shall furnish each applicant a specimen copy of any such agreement or contract at the time he signs such contract or agreement. Provided that nothing herein shall be construed to prohibit an employment agency from making arrangements by wire or telephone without said employee having first entered into a written agreement or contract with the employment agency, in which event the agreement or contract from the employment agency must be dispatched to the employee immediately after the employee has been so directed by wire or telephone to the employer or the employer has been directed to the employee. Contracts. Section 4. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Penalties. Any person, firm or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. In addition thereto any person, firm or corporation violating any of the provisions of this Act shall be prohibited from engaging in the private employment agency business in Georgia in any manner for a period of two years from the date of knowledge of any violation by the Commissioner of Labor. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970.

Page 604

UNIFORM COMMERCIAL CODE AMENDEDCOMMISSION MERCHANTS Code 109A-9-307 Amended. No. 1264 (Senate Bill No. 451). An Act to amend Code Section 109A-9-307, relating to the protection of buyers of goods, as amended by an Act approved March 22, 1963 (Ga. L. 1963, p. 188), an Act approved February 13, 1964 (Ga. L. 1964, p. 70), and an Act approved March 28, 1969 (Ga. L. 1969, p. 149), so as to provide that a commission merchant, who, without actual knowledge, shall sell any agricultural products for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of such products where the sale is made in the ordinary course of business and even though the security interest is perfected; 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-9-307, relating to the protection of buyers of goods, as amended by an Act approved March 22, 1963 (Ga. L. 1963, p. 188), an Act approved February 13, 1964 (Ga. L. 1964, p. 70), and an Act approved March 28, 1969 (Ga. L. 1969, p. 149), is hereby amended by adding at the end thereof a new subsection, to be designated subsection (4), to read as follows: (4) A commission merchant, who, without actual notice, shall sell any agricultural products for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of such products where the sale is made in the ordinary course of business and even though the security interest is perfected. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 605

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1970. GEORGIA BUSINESS CORPORATION CODE AMENDED. Code Title 22 Amended. No. 1265 (Senate Bill No. 470). An Act to amend Code Title 22, relating to corporations, as amended, so as to amend Part I thereof, known as the Georgia Business Corporation Code, by deleting the requirement that a domestic corporation shall accompany with the filing of its articles of dissolution a notice from the State Revenue Commissioner that the corporation has met the requirements concerning reports and taxes; to provide that foreign corporations which dissolve secure a certificate from the State Revenue Commissioner; to provide instead that a corporation or its attorney shall file a copy of the statement of intent to dissolve with the State Revenue Commissioner; to provide that a foreign corporation transacting business in this State without authority shall be subject to a penalty of $500.00 beginning thirty days from the date the foreign corporation begins such transacting of business; to amend Part II thereof, known as the Georgia Nonprofit Corporation Code, by requiring Georgia nonprofit corporations which wish to voluntarily dissolve to file a statement of intent to dissolve; to provide for the content of said statement, its filing and effect; to provide that a nonprofit corporation or its attorney shall file a copy of the statement of intent to dissolve with the State Revenue Commissioner; to amend Part IV of said Code Title, relating to miscellaneous provisions of corporation law, by providing that all derivative actions shall be governed by Sections 22-614, 22-615 and 22-714; to repeal conflicting laws; and for other purposes.

Page 606

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 22, relating to corporations, as amended, is hereby by striking section 22-1313 in its entirety and by inserting in lieu thereof a new section 22-1313, to read as follows: 22-1313. Filing of articles of dissolution. (a) The corporation shall cause to be presented its articles of dissolution, accompanied by the corporation's certification that all tax returns which were due the State have been filed to a judge of the superior court for the county where the registered office of the corporation is situated in like manner as if it were an original articles of incorporation. The judge shall examine the same and, if found to be lawful, shall enter an order declaring the articles of dissolution granted. (b) The corporation shall thereupon cause to be delivered the original articles of dissolution, with the order of the judge thereon, and two conformed copies of such articles and order of the judge to the clerk of the superior court, together with a fee of $15. (c) Upon compliance with the provisions of subsection (b) of this Section the clerk shall file one copy of the articles of dissolution, and the order of the judge thereon, shall note on said articles the date of such filing, and shall forthwith furnish to the corporation the original and one certified copy of the articles of dissolution, the order of the judge thereon, and the filing of the clerk thereon, and receipt for the costs which have been paid to the clerk. (d) The corporation shall cause said original and certified copy to be delivered to the Secretary of State who shall retain the original and shall attach to the certified copy a certificate stating that the articles of dissolution have been granted on the date named in the order of the judge and that the original articles of dissolution have been duly filed in the office of Secretary of State and the fees paid therefor, as provided by law. The Secretary of State shall issue the certificate with the certified copy of the

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articles of dissolution attached thereto to the corporation or its attorney. (e) Upon the filing of the order of the judge of the superior court in accordance with subsection (c) of this Section, and after the corporation, or its attorney, has filed a copy of its statement of intent to dissolve with the State Revenue Commissioner, the existence of the corporation shall cease, except for the purpose of suits, other proceedings and appropriate corporate action by shareholders, directors and officers as provided in Section 22-1325. Section 2. Said Code Title is further amended by striking subsection (b) of section 22-1801 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) Each foreign corporation that transacts business in this State without authority, after 30 days, shall be subject to a penalty of $500 for each year or part thereof during which it so transacts business. Code 22-1801 amended. Section 3. Said Code Title is further amended by adding to section 22-3102, three new subsections, to be designated as subsections (c), (d) and (e), to read as follows: (c) Upon the adoption by the members or by the board of directors, as the case may be, of a resolution to dissolve the corporation, a statement of intent to dissolve shall be executed by the corporation as provided in sections 22-104 and 22-2104, which statement shall set forth: Code 22-3102 amended. (1) The name of the corporation. (2) The names and respective addresses of its officers. (3) The names and respective addresses of its directors, if any. (4) A copy of the resolution adopted by the members, or by the board of directors, authorizing the dissolution of the corporation.

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(5) The membership vote required to adopt the resolution to dissolve the corporation, the total number of members entitled to vote, the number of members present at the meeting or represented by proxy and entitled to vote, the vote for the resolution, and, if any members of any class are entitled to vote as a class, the designation and number of the members of each such class, and the vote of each such class for the resolution. (d) The statement of intent to dissolve, whether by the members, or by the board of directors, shall be delivered to the Secretary of State for filing as provided in sections 22-105 and 22-2105. (e) Upon the filing by the Secretary of State of a statement of intent to dissolve, whether by the members or by the board of directors, the corporation shall cease to carry on its business, except insofar as may be necessary or appropriate for the winding up thereof, but its corporate existence shall continue until an order dissolving the corporation has been filed with the clerk of the superior court as provided in section 22-3107 (c). Section 4. Said Code Title is further amended by striking subsection (e) of section 22-3107 in its entirety and by inserting in lieu thereof a new subsection (e), to read as follows: (e) Upon the filing of the order of the judge with the clerk of the superior court in accordance with subsection (c) of this section, and when the corporation, or its attorney, has filed a copy of the statement of intent to dissolve with the State Revenue Commissioner, the existence of the corporation shall cease, except for the purpose of suits, other proceedings and appropriate corporate action by members, directors and officers, as provided in section 22-3119. Code 22-3107 amended. Section 5. Said Act is further amended by striking section 22-5401, and by inserting in lieu thereof a new section 22-5401, to read as follows:

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22-5401. All derivative actions shall be governed by Sections 22-614, 22-615, and 22-714 of Part I of this Title. Section 6. Section 22-1416 of the Code relating to the dissolution of a foreign corporation is hereby amended by adding a new subsection to be subsection (d) as follows: (d) Before the Secretary of State shall issue a certificate of withdrawal the corporation shall secure from the State Revenue Commissioner a certificate that the corporation has met the requirements concerning reports and taxes. Code 22-1416 amended. Section 7. Said Code Title is further amended by striking section 22-1305 in its entirety and inserting in lieu thereof a new section 22-1305, to read as follows: 22-1305. Filing of Statement of Intent to Dissolve. The statement of intent to dissolve, whether by written consent of all shareholders or by act of the corporation, shall be delivered to the Secretary of State for filing as provided in Section 22-105. A copy of said statement shall be filed with the State Revenue Commissioner. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8A. This Act shall become effective April 1, 1970. Approved March 21, 1970. GEORGIA PLANT FOOD ACT OF 1970. No. 1266 (House Bill No. 45). An Act to be known as the Georgia Plant Food Act of 1970; to designate the Commissioner of Agriculture as the enforcing official of the Act; to authorize use of employees of the Georgia Department of Agriculture in administration

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of the Act; to define certain words and terms used in the Act; to provide for registration of brands and grades of commercial fertilizer; to establish requirements for an application for registration; to establish a registration fee for brands and grades of certain specialty fertilizers; to provide for licensing of registrants; to establish an annual license fee; to establish a deadline for payments of such fees; to authorize revocation of licenses after notice and public hearing for violation of any provision of this Act or any rules and regulations adopted by the Commissioner of Agriculture; to require labeling of fertilizer distributed in Georgia in containers; to establish requirements for labels; to provide requirements for labeling of bulk fertilizer; to establish inspection fees and to exempt certain size packages; to require monthly reports of sales; to provide a penalty for failure to file reports and pay fees; to authorize revocation of registrations and licenses for failure to pay assessed penalty within six months; to establish responsibility for reporting sales and paying fees; to provide for sampling, inspection, analysis and testing of commercial fertilizers; to authorize entry upon property for such purpose and to require access to pertinent records; to authorize Commissioner to provide methods of analysis and sampling; to require deficiency determinations to be based on official sample; to establish investigational allowances in testing commercial fertilizer; to establish penalties for plant food deficiency; to provide a penalty for shortage in found commercial value; to establish a penalty for deficiency in water insoluble nitrogen; to provide penalty for excessive chlorine content of fertilizer branded for tobacco; to provide penalty for deficiency in nitrate nitrogen; to authorize the Commissioner, by regulation, to establish penalties for deficiencies or excesses of certain other constituents; to establish deadline for payment of penalties and to authorize revocation of licenses for failure to pay; to authorize assessment of penalty against distributor instead of registrant where distributor alters contents; to establish minimum plant nutrient content and provide for certain exceptions; to define misbranding; to require monthly tonnage reports

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of sales or copies of invoices to be filed with the Commissioner and to establish a time for filing; to establish and require payment of a penalty for short weight; to authorize purchaser to require weighing by certified weigher; to authorize issue and enforcement of Stop Sale, Use or Removal orders for violations of this Act; to authorize seizure condemnation and disposition of noncomplying commercial fertilizer; to make violations of this Act or Rules and Regulations issued hereunder a misdemeanor and authorize prosecution and punishment therefor; to exempt sales or exchanges between registrants; to provide for injunctions and restraining orders in case of violation of this Act or Rules and Regulations promulgated hereunder; to require non-resident registrants to comply with the License and Permit Act; to authorize Commissioner to determine whether ingredients contribute to plant growth and take appropriate action; to authorize adoption of regulation requiring guaranteed analysis in the elemental form; to prohibit requiring both oxide and elemental labeling; to authorize issuance and enforcement of Rules and Regulations hereunder; to provide for severability; to repeal the Georgia Fertilizer Act of 1960 and any laws in conflict herewith; to establish an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as the Georgia Plant Food Act of 1970. Short title. Section 2. Enforcing Official. This Act shall be administered by the Commissioner of Agriculture of the State of Georgia, hereinafter referred to as the Commissioner, and in such administration he may use any employee of the Department of Agriculture of the State of Georgia. Section 3. Definitions of words and terms when used in this Act. A. The term commercial fertilizer means any substance containing one or more recognized plant nutrient (s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, soil conditioners,

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and other products exempted by regulations of the Commissioner. B. A fertilizer material is a commercial fertilizer which either: (1) Contains important quantities of no more than one of the primary plant nutrientsnitrogen (N), phosphoric acid (P2O5) and potash (K2O), or (2) Has approximately 85 percent of its plant nutrient content present in the form of a single chemical compound, or (3) Is derived from a plant or animal residue or byproduct or a natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration. C. A mixed fertilizer is a commercial fertilizer containing any mixture of more than one fertilizer material. D. A specialty fertilizer is a commercial fertilizer distributed primarily for non-farm use such as, but not limited to, home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries. E. The term bulk fertilizers means commercial fertilizer distributed in a non-package form. F. The term brand means a term, design or trademark used in connection with one or more grades of commercial fertilizer. G. Guaranteed Analysis. (1) The term guaranteed analysis shall mean the minimum percentage of primary plant nutrients claimed in the following order and form: Sources may be shown. Total Nitrogen (N).....Percent

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Available Phosphoric Acid (P2O5).....Percent Soluble Potash (K2O).....Percent (2) Secondary and/or micro plant nutrients, if claimed, shall be guaranteed in the elemental form in the following order, and shall be a part of the guaranteed analysis. Sources of the element must be shown: Ca Calcium % S Sulfur % Mg Magnesium % B Boron % Co Cobalt % Cu Copper % Fe Iron % Mn Manganese % Mo Molybdenum % Na Sodium % Zn Zinc % Cl Chlorine % Specialty fertilizers may be exempted from the requirements that the source of the above elements must be shown, by regulations adopted by the Department of Agriculture. (3) The addition of non-nutritive products to commercial fertilizer shall be considered separately and individually and such additions shall be subject to the rules and regulations covering such products. (4) For unacidulated mineral phosphatic materials and basic slag, the term guaranteed analysis shall include both total and available phosphoric acid (P2O5) and the degree of fineness. For bone, tankage and other organic phosphatic materials the term shall include total phosphoric acid. H. The term grade means the percentage of total nitrogen (N), available phosphoric acid (P2O5) and soluble potash (K2O), stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis, provided

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however, that fertilizer material may be guaranteed in whole numbers or fractional units. I. The term official sample means any sample of commercial fertilizer taken by the commissioner or his agent and designated official by the Commissioner or his agent. Such official sample shall be taken, insofar as is applicable, in accordance with the sampling methods as adopted by the Association of Official Analytical Chemists and the Association of American Plant Food Control Officials or such other method as deemed necessary by the Commissioner to ascertain the contents and quality of the fertilizer. J. The term ton means a net weight of two thousand pounds avoirdupois. K. The term unit of plant nutrient means 20 pounds or one percent of a ton. L. The term percent or percentage means parts per 100 by weight. M. The term person includes an individual, partnership, association, firm or corporation or any combination thereof. N. The term distributor means any person who sells, barters or otherwise supplies commercial fertilizer in this State. O. The term distribute means to offer for sale, sell, exchange, barter or otherwise supply, or make available commercial fertilizers. P. Words importing the singular number may be extended and be applied to several persons or things and words importing the plural number may include the singular. Q. The term registrant means the person who registers and guarantees commercial fertilizer under the provision of this Act.

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R. The term mobile mixing equipment shall mean any compartmented equipment used to mix two or more plant nutrients not previously mixed at time of application. The use of mobile mixing equipment is prohibited except as authorized by the Commissioner in writing in special cases. S. The term lot shall mean that amount of commercial fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient deficiencies and penalties under the provisions of this Act, the word lot shall mean that amount of fertilizer included in a single delivery invoice, and the entire amount of fertilizer sold or delivered pursuant to the invoice covering said delivery shall be deemed deficient and subject to the penalties provided by law, provided, that at least 20 percent of said delivery is on hand at the time the official sample is drawn. T. Unmanipulated manures are the excreta of animals or fowl when not artifically mixed with any material or materials other than those which have been used for bedding, sanitary or feeding purposes for said animals or fowl or for the preservation of the manure. U. The term investigational allowance means those tolerances necessary to compensate for variations inherent in the method of sampling, preparation and analysis of an official sample of commercial fertilizer. V. The term commercial value as used in this Act means the assessed average retail values per unit of plant nutrient in dollars and cents. Such assessed values shall be established by the Commissioner of Agriculture annually, and may be established without a hearing except where objections are filed thereto. In the event written objections are filed within 20 days after establishment of such values, the objectors shall be afforded a hearing in accordance with the Administrative Procedure Act and the effective date of such values shall be postponed pending the outcome of such hearing. The assessed values as established by the Commissioner shall be used in computing the dollar rates of penalties as provided in this Act. The commercial value

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as established in accordance with this Act is provided as a guide in determining the actual value of the product and shall not in any manner attempt to fix, regulate or control the sales price of commercial fertilizer or fertilizer material. W. The term plant nutrient means that portion of a commercial fertilizer recognized by the Georgia Department of Agriculture as being agronomically useful in promoting plant growth. (1) Primary plant nutrients include total nitrogen (N), available phosphoric acid (P2O5) and water soluble potash (K2O) or any combination of these substances. (2) A secondary and/or micro plant nutrient is any element or substance, useful in promoting plant growth other than the primary plant food nutrients herein above defined. X. The term label means the written, printed, or graphic matter on or attached to the container, or, in the case of bulk fertilizer, accompanying the lot of the commercial fertilizer. Section 4. (A) Each brand and grade of commercial fertilizer offered for sale, sold or distributed in this State shall be registered. The application for registration shall be submitted to the Commissoner on forms furnished by the Commissioner. Upon approval by the Commissioner a copy of the registration and a registration number series shall be furnished the applicant. The application shall include the following information: Registration of brands. (1) The net weight. (2) The brand and grade. (3) The guaranteed Analysis. (4) The sources from which all plant nutrients are derived, if guaranteed, claimed or advertised.

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(5) The name and address of the registrant. (B) A registrant shall not be required to register any commercial fertilizer which is already registered under this Act by another registrant provided the label does not differ in any respect. (C) Such registration shall be considered permament unless a change in or deviation from the information filed with the Commissioner changes such registration. The addition of varying amounts of secondary and/or micro plant nutrients or authorized pesticides to a registered fertilizer grade shall not require a separate registration, unless such addition changes the guaranteed analysis of the registered grade. A registrant shall not be required to register each grade of commercial fertilizer prior to sale when formulated according to specifications which are furnished by a consumer prior to mixing, but shall register such grades by 15th day of month following date of sale. (D) All brands and grades of specialty fertilizer offered for sale, sold or distributed in this State in packages of 10 pounds or less in weight shall be registered annually at a fee of $50.00. (E) Any person, wishing to become a registrant, shall before engaging in such business secure a license or a renewal thereof from the Commissioner of Agriculture. The application for such license shall be on forms furnished by the Commissioner submitting such information as the Commissioner may prescribe, at an annual fee in accordance with the following schedule: Tonnage Volume of Fertilizer Registrant License Fee 0-5,000 Tons $50 5,001-25,000 Tons $100 More than 25,001 Tons $200 A new registrant shall pay a license fee of $50.00. Thereafter the fee shall be based on the tonnage volume of such

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registrant in accordance with the above scale. The tonnage shall be determined from the monthly tonnage reports filed by the registrant with the Commissioner in accordance with this Act. Said license must be renewed annually and fees shall be paid by the first day of July of each calendar year. Such license may be revoked for cause after due notice and public hearing for a violation of any provisions of this Act or any rules or regulations adopted by the Commissioner. Section 5. Labeling (A) All commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) The net weight. (2) The brand and grade. (3) The guaranteed analysis. (4) The name and address of the registrant. Where the product is not actually mixed by the registrant, the name of the registrant on the label may be further qualified by either of the following statements: 1.Made for.....Name of registrant. 2.Distributed by.....Name of registrant. (B) If distributed in bulk, a written or printed statement of the information required by items (1), (2), (3), and (4) of paragraph (A) of Section 5 shall accompany delivery and be supplied to the purchaser at time of delivery. Section 6. Inspection Fees. (A) There shall be paid to the Commissioner for all commercial fertilizer sold or distributed in this State an inspection fee at the rate of 30 cents per ton, provided, that sales or exchanges between registrants are hereby exempted. Sales of commercial fertilizer in packages of 10 pounds or less shall not be subject to the inspection fee of 30 cents per ton as provided in this Act.

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(B) Every registrant who distributes a commercial fertilizer in this State shall: File with the Commissioner, on forms furnished by the Commissioner, a monthly statement for the periods ending the last day or the last accounting day of each month, setting forth the number of net tons of commercial fertilizer distributed in this State during such month on or before the 15th day of the month following the report period, and upon such statement shall pay the inspection fee at the rate stated in paragraph (A) of this section. A monthly report shall be required even if no shipments are made. If the tonnage report is not filed and the payment of inspection fee is not paid, if due, by the 15th of the month following due date, a collection fee in the amount of 10 percent, with a minimum fee of $10.00, of the amount shall be assessed against the registrant. If after the second month after the due date, and after due notification by certified or registered mail to the registrant, the penalty is not paid, it shall double each month for a maximum of six months. If such an assessed penalty shall remain unpaid for six months, this shall constitute cause and reason for the revoking of all registrations and licenses. The amount of fees shall constitute a debt and become the basis for legal action against the registrant to be collected by the Commissioner. When more than one person is involved in the distribution of a commercial fertilizer the registrant who finally distributes to a non-registrant shall be responsible for reporting the tonnage and paying the inspection fees. Section 7. Inspection, Sampling, Analysis. (A) It shall be the duty of the Commissioner, who may act through his authorized agent, to sample, inspect, make analysis of, and test commercial fertilizers distributed within this State at any time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this Act. The Commissioner, individually or through his agent, is authorized to enter upon any public or private business premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of

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this Act and the rules and regulations pertaining thereto, and to the records relating to their distribution. (B) The methods of analysis and sampling shall be those adopted by the Commissioner by regulations from sources such as the Association of Official Analytical Chemists. (C) The Commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in Section 3 I of this Act. (D) The results of official analysis of commercial fertilizers and portions of official samples shall be distributed by the Commissioner as provided in the regulations. Section 8. Plant Food Deficiency. (A) Penalty for nitrogen, P2O5 and K2OIf the official sample shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (N, P2O5, K2O) beyond the investigational allowances hereinafter set forth, the penalty shall be 10 percent of the sale price plus two times the difference in the found commercial value and the guaranteed commercial value. Where there may be no deficiency in primary plant foods (N, P2O5, K2O) and where the found commercial value of the sample is not at least 97 percent of the assessed commercial value of the guaranteed ingredients, the penalty for the lot sampled shall be four times the difference between the found commercial value and the assessed commercial value of the guaranteed ingredients. Notwithstanding any provisions of this section, the investigational allowances for the primary ingredients listed below shall be as follows: Guaranteed Percentage Tolerance Nitrogen (N) 0-4 .4 5-9 .5 10-19 .6 20-29 .7 Phosphoric Acid (P2O5) 30- .8 0-5 .6 6-10 .7 11- .8 Potash (K2O) 0-6 .4 7-12 .7 13-20 1.0 21- 1.3

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(B) Water insoluble nitrogen: In grades where permitted water insoluble nitrogen shall be claimed and stated in the actual percent as present, the total of the water insoluble nitrogen plus all other forms of nitrogen claimed shall be equal to the total nitrogen claimed. If there is a deficiency of 20 percent or more of the water insoluble nitrogen, as claimed, a penalty of three times the commercial value of the deficiency of water insoluble nitrogen shall be assessed. (C) If the chlorine content of any lot of fertilizer branded for tobacco is more than.5 of one percent greater than the maximum amount guaranteed, a penalty shall be assessed equal to ten percent of the assessed commercial value of the guaranteed ingredients of the fertilizer for each additional 0.5 of one percent in excess, or fraction thereof. (D) Nitrate Nitrogen: A penalty of 5 percent of the commercial value of the guaranteed nitrogen content shall be assessed if the deficiency shall exceed 10 per cent of the claimed nitrate nitrogen. (E) Deficiencies or Excesses in any other constituents covered under Section 3, paragraph G (2) and (3). An investigational allowance amounting to 25 percent of the guarantee shall be allowed for any element not otherwise specified by law, provided that in no case shall the allowances exceed 1/2 unit of the particular plant food. The Commissioner, by regulation, may prescribe a penalty for deficiencies and/or excesses of any other constituents covered by Section 3, paragraph G (2) and (3) of $5.00 per constituent, not to exceed $10.00 per ton.

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(F) All penalties must be paid within 31 calendar days after notice of assessment is made, in a manner as set forth under rules and regulations. Failure to pay penalties within 60 days after notice shall be sufficient grounds for the revocation of the registrant's license. (G) In the event a penalty is incurred as a result of a distributor altering the content of a commercial fertilizer shipped to him by a registrant in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the registrant, the Commissioner is hereby empowered to relieve the registrant of the liability for payment of the penalty and in lieu thereof assess the penalty against the distributor who altered the commercial fertilizer in the same manner and under the same conditions as provided by this Act for assessing penalties against a registrant. Section 9. Minimum Plant Nutrient Content. No superphosphate containing less than 18 percent available phosphoric acid (P2O5), nor any mixed fertilizer in which the guarantees for the nitrogen (N), available phosphoric acid (P2O5) and potash (K2O) totals less than 20 percent shall be distributed in this State except for basic slag blends which contain not less than 15% plant food or complete fertilizers branded for use on tobacco. Such tobacco fertilizers shall be labeled in accordance with regulations specifically covering tobacco fertilizers. Certain specialty fertilizers for non-agricultural use may be permitted to deviate from the requirements of this paragraph, however, each brand and grade shall be submitted for registration prior to offering for sale, and its acceptance and registration shall be based on the merit of and intended use of the product; such products shall not deviate more than 10 percent from the minimum requirements as set forth above. Section 10. Misbranding. No person shall distribute misbranded fertilizer. A commercial fertilizer shall be deemed to be misbranded: (1) If its labeling is false, or any misleading statements, oral or written, concerning its plant nutrient content are

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made in any advertising matter accompanying or associated with the commercial fertilizer. (2) If it is not labeled as required in Section 5 of this Act and in accordance with regulations prescribed under this Act. (3) If it purports to be or is represented as a commercial fertilizer, or is represented as containing a plant nutrient or commercial fertilizer unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner; in the adopting of such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms such as but not limited to those issued by the Association of American Plant Food Control Officials. Section 11. Tonnage Reports. Each person registering commercial fertilizer under this Act shall furnish the Commissioner with a confidential statement of the net tons sold of each grade of fertilizer by county by him in this State for the monthly period ending the last day or last accounting day of each month. This and such other information as the Commissioner shall require by regulations shall be furnished on forms prescribed by the Commissioner. The tonnage of each grade sold during said period in packages weighing 10 pounds or less shall also be shown as a subtotal and included in the total tonnage. Such report shall be submitted at the same time as the reports required in Section 6 of this Act. In lieu of said monthly report, the registrant may have the option (upon application to and approval of the Commissioner) of submitting a copy of the invoice of shipments made to a non-registrant. The invoice copy shall be mailed to the Commissioner within 48 hours after delivery (less legal holidays and Sundays) and shall show the name and county of the consignee together with the amount in tons, the grade and analysis of the commercial fertilizer sold, and any other information deemed necessary by the Commissioner for accurate tonnage reporting.

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Section 12. Short Weight. (A) If any commercial fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the registrant of the commercial fertilizer, shall within 30 days after official notice from the Commissioner, pay to the consumer a penalty equal to four times the value of the actual shortage. The refusal of a seller to permit weighing by certified public weigher shall result in a penalty equal to full amount of billing and such penalty shall be payable to the consumer. (B) The Commissioner may, at his discretion, prescribe such rules and regulations as he may find necessary to insure ethical practices in the sale, delivery and return of commercial fertilizer. (C) If, at the time of delivery of a commercial fertilizer the purchaser has doubt as to the invoiced weight, he may demand weighing by a certified public weigher. If found to be below the invoiced weight, the seller shall adjust the invoice to the true weight and the seller shall be liable for all costs incidental to the weighing. If found to be as invoiced or above, the seller may adjust the invoice to the true weight and the purchaser shall be liable for all costs incidental to the weighing. Such costs shall be calculated on the basis of one dollar ($1.00) per ton plus the weigher's fee. Section 13. Cancellation of Registration. The Commissioner is authorized and empowered to cancel the registration of any brand or grade of commercial fertilizer or to refuse to register any brand of commercial fertilizer as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this Act or any rules and regulations promulgated thereunder: provided that no registration shall be revoked until the registrant shall have been notified of the time and place of the hearing and given an opportunity to appear and be heard by the Commissioner or his authorized representative. Section 14. Stop Sale Orders. The Commissioner may issue and enforce a written or printed Stop Sale, Stop Use,

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or Removal order to the owners or custodian of any lot of commercial fertilizer and to hold at a designated place where the Commissioner finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this Act until the law has been complied with and said commercial fertilizer is released in writing by the Commissioner or said violations have been otherwise legally disposed of by written authority. The Commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this Act have been complied with. Section 15. Seizure, Condemnation and Sale. Any lot of commercial fertilizer not in compliance with the provisions of this Act, shall be subject to seizure on complaint of the Commissioner to the Superior Court of the County in which the commercial fertilizer is found. In the event the court finds the said commercial fertilizer to be in violation of this Act and orders the condemnation of said commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer, the interest of the parties and the laws of this State: provided, that in no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer in such manner as to bring it into compliance with this Act. Section 16. Violations. (A) If it shall appear from the examination of any commercial fertilizer that any of the provisions of this Act or the rules and regulations issued thereunder have been violated, the Commissioner shall cause notice of the violation to be given to the registrant, or person from whom said sample was taken and the person so notified shall be given an opportunity to be heard in accordance with the Administrative Procedure Act of Georgia, as amended. If it appears, after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this Act or rules and regulations issued thereunder have been violated, the Commissioner may certify the facts to the court having jurisdiction for prosecution for a misdemeanor.

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(B) Any person convicted of violating any provisions of this Act or the rules and regulations issued thereunder shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. (C) Nothing in this Act shall be construed as requiring the Commissioner to report for prosecution or for the institution of seizure proceedings as a result of violations of this Act when he believes that the public interest will be best served by other methods. Section 17. Exchange between registrants. Nothing in this Act shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of commercial fertilizer to other registrants who mix fertilizer materials for sale or as preventing the free and unrestricted shipment of commercial fertilizer to registrants who have registered their brands as required by the provisions of this Act. Section 18. Injunctions. In addition to the remedies provided herein and notwithstanding the existence of any adequate remedy at law and notwithstanding that said conduct shall constitute a crime, the Commissioner of Agriculture is hereby authorized to apply to the Superior Court and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction or an ex parte restraining order restraining or enjoining any person from violating or continuing to violate any of the provisions of this Act or for the failure or refusal to comply with the provisions of this Act or any rule or regulations promulgated hereunder. Such injunction shall be issued without bond, and such action may be maintained notwithstanding the pendency of any criminal prosecution for the violation of any provision of this Act. Section 19. Non-Resident Registrant. Every non-resident registrant shall at the time of registration and before selling or offering for sale his product or products in Georgia comply with all provisions of the Department of Agriculture Registration, License and Permit Act (Ga. Laws, 1966, p. 307).

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Section 20. Ingredients. The Commissioner of Agriculture is hereby authorized to determine whether an ingredient listed on the label, or otherwise advertised as an ingredient, and used in the mixing of any commercial fertilizer, contributes to plant growth, and if any such ingredient is found to be worthless, harmful, or deceptive, to prohibit its use or require that it be deleted from the label. Section 21. When the Commissioner finds, after public hearing, following due notice, that the requirements for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on the registrant or users of fertilizer by reason of conflicting labeling requirements among the states, he may require by regulations thereafter that the guaranteed analysis shall be in the elemental form. Provided, however, that the effective date of said regulation shall be not less than 12 months following the issuance thereof. Dual labeling, using both the oxide and the element, shall at no time be permitted. Findings by commissioner. Section 22. Rules and Regulations. For the enforcement and implementation of this Act, the Commissioner is authorized to prescribe after public hearing following notice, and to enforce such reasonable rules and regulations relating to the distribution of commercial fertilizers as he may find necessary to carry into effect the full intent and meaning of this Act. Section 23. Constitutionality. If any clause, sentence, paragraph, or part of this Act shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 24. The Georgia Fertilizer Act of 1960 (Ga. L. 1960, p. 916), as amended is hereby repealed in its entirety and all laws and parts of laws in conflict with or inconsistent

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with the provisions of this Act are hereby repealed. 1960 Act repealed. Section 25. Effective date. This Act shall take effect and be in force from and after the first day of July, 1970. Approved March 23, 1970. TIRES AND WHEELS USED ON PUBLIC ROADS. Code 68-404 Amended. No. 1267 (House Bill No. 1189). An Act to amend Code section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, so as to delete therefrom the restriction on the use of certain wheels which have wooden or metal cleats, spikes, corrugations or other irregularities; to provide that nothing herein shall be construed so as to prohibit the use of tire chains or tires equipped with safety spike-metal studs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 68-404 to read as follows: 68-404. Wheels, restriction on; solid rubber tires; cleats, spikes, etc. No vehicle or load any portion of which drags or slides on the surface of the roadway shall be used or transported on the highways; no vehicle shall be used or transported on the highways the wheels of which while being used or transported, either from construction or otherwise, cause pounding on the road surface. No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle

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shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery: Provided, that this Section shall not be construed so as to prohibit the use of tire chains or tires equipped with safety spike-metal studs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. STATE PORTS AUTHORITYGOVERNMENTAL FUNCTION. No. 1268 (House Bill No. 1301). An Act to reenact section 15 of an act approved March 9, 1945 (Ga. L. 1945, p. 464) entitled An Act creating the State Ports Authority; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this state, terminal facilities of all kinds; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority, payable from earnings and revenues, to pay the cost of such projects; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the projects; authorizing the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders of such bonds; providing that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; making such bonds legal investments and also exempt from taxation; providing for condemnations; authorizing the issuance of revenue refunding bonds; fixing the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; providing for the separate enactment of each provision of this Act; and repealing all laws and

Page 630

parts of laws in conflict with the provisions of this Act and for other purposes, so as to exempt the Authority from certain taxes; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 15 of an act approved March 9, 1945 (Ga. L. 1945, p. 464) entitled An Act creating the State Ports Authority; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this state, terminal facilities of all kinds; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority, payable from earnings and revenues, to pay the cost of such projects; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the projects; authorizing the execution of trust indentures to secure the payment of such bonds and defining the rights of the holders of such bonds; providing that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; making such bonds legal investments and also exempt from taxation; providing for condemnations; authorizing the issuance of reveune refunding bonds; fixing the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; providing for the separate enactment of each provision of this Act; and repealing all laws and parts of laws in conflict with the provisions of this Act and for other purposes, is reenacted in its entirety and as reenacted to read as follows: Section 15. Governmental Function. 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 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 convenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the

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property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the 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. Section 2. This Act shall become effective upon approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED. No.1269 (House Bill No.1323). An Act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, pp. 153, 156), so as to clarify the exemption relating to sales to the United States of America, the State of Georgia, or any county or municipality of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, pp. 153, 156), is hereby amended by striking section 3(c) 2(d) in its entirety and substituting in lieu thereof the following:

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(d) Sales to the Federal Government, the State of Georgia, any county or municipality of the State of Georgia, or any bona fide department of such government when paid for directly to the seller by warrant on appropriated government funds; provided that any hospital authority created by Chapter 88-18 of the Code of Georgia is exempt from said tax. Exempt sales. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. ACT CREATING THE ALTAMAHA RIVER BASIN COMMISSION. No. 1270 (House Bill No. 1342). An Act to create the Altamaha River Basin Commission; to provide a short title; to provide for the membership of said Commission; to provide for the election of officers of said Commission; to provide for travel and maintenance expenses for the members of said Commission; to provide the purposes for the creation of said Commission; to provide for the powers of said Commission; to provide for an executive committee; to provide for an executive director and other employees of said Commission and for their compensation; to provide that said Commission may promulgate a merit system of employment for its employees and that said employees shall be eligible for membership in the Employees' Retirement System; to provide that said Commission shall perform certain duties; to provide that said Commission shall be a budget unit of the executive branch of government; 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:

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Section 1. This Act shall be known and may be cited as the Act Creating the Altamaha River Basin Commission. Short title. Section 2. (a) There is hereby created within the executive branch of the State government, the Altamaha River Basin Commission which shall be a State agency and a budget unit of the executive branch of the State government. Created, etc. (b) Said Commission shall be composed of sixty-nine (69) members to be appointed as herein provided. The Governor shall appoint twenty-three (23) members to said Commission for initial terms of four years and until their successors are appointed and qualified. The first members appointed by the Governor shall take office on the first day of April, 1970, for terms of four years and until their successors are appointed and qualified. Successors to the first members appointed by the Governor shall likewise be appointed for terms of four years and until their successors are appointed and qualified. Members appointed by the Governor shall be residents of the certain counties bordering the Altamaha River as hereinafter set forth, and shall be eligible for reappointment by the Governor. The remaining forty-six (46) members shall be appointed by the governing authorities of certain counties bordering the Altamaha River as follows: The governing authority of each of the following counties shall appoint one member to said commission, to wit: Appling, Baldwin, Barrow, Ben Hill, Bibb, Bleckley, Butts, Clarke, Coffee, DeKalb, Dodge, Fulton, Glynn, Greene, Gwinnett, Hall, Hancock, Henry, Houston, Jackson, Jasper, Jeff Davis, Johnson, Jones, Laurens, Long, McIntosh, Monroe, Montgomery, Morgan, Newton, Oconee, Pulaski, Putnam, Rockdale, Tattnall, Telfair, Toombs, Treutlen, Twiggs, Walton, Washington, Wayne, Wheeler, Wilcox and Wilkinson. The members appointed by the governing authorities of said counties shall be appointed for initial terms of four years and until their successors are appointed and qualified. The first members appointed by said governing authorities shall take office on April 1, 1970 for a term of four years and until their successors are appointed and qualified. Successors to the first members shall likewise be appointed for terms of four years and until their successors

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are appointed and qualified. The members appointed by said county governing authorities shall be residents of the county from which they are appointed, and said members shall be eligible for reappointment by the county governing authorities or shall be eligible for reappointment by the Governor. (c) In the event a vacancy occurs in the membership of said Commission, the authority originally appointing the position made vacant shall promptly fill the same for the unexpired term. Thirty-five (35) members shall constitute a quorum for the transaction of business except as hereinafter provided. Vacancies. (d) The Governor shall call the first meeting of the Commission after all members have been appointed, and at the time of calling such meeting he shall appoint a temporary chairman from the membership of said Commission to preside at said meeting until a permanent chairman is elected. The first order of business of said meeting shall be the election of a permanent chairman from the membership of said Commission who shall be elected by a majority vote of all members of said Commission. After electing a permanent chairman, said Commission may elect such other officers as it shall deem necessary, and a majority of the quorum shall be sufficient to elect all officers. The terms of office of the chairman and other officers shall be for one year. Chairman, etc. (e) The officers and members of the Commission shall serve without compensation, except as hereinafter provided. Compensation. Section 3. Said Commission is created for the purpose of encouraging and promoting the expansion and development of the full economic, industrial and recreational potential of the Altamaha River Basin, its tributaries and their basins. By way of illustration and not of limitation, said Commission shall encourage and promote the development of navigation to Atlanta, trade and other commercial facilities, flood control, water supply, pollution abatement, hydroelectric power generation, recreation, protection and propagation of fish and wildlife, and the proper flow of dam controlled water discharges. Purpose.

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Section 4. In carrying out the purposes for which it was created, said Commission shall have the following powers: (a) To make rules and regulations for the proper administration of its powers and duties. (b) To administer all funds available to the Commission. (c) To accept or decline any grant of funds made by the United States or any agency thereof for the purpose of carrying out any of its functions. Powers. (d) To accept or decline gifts, bequests, devises and endowments to be used in carrying out the purposes of this Act. (e) To create such advisory committees to said Commission as in the opinion of the Commission may be deemed necessary. (f) To act either independently or jointly with any State department, commission, board, or institution in order to carry out its powers and duties. (g) To request from the various State departments and other agencies and authorities of the State and its political subdivisions and their agencies and authorities such available information as it may require in its work, and all such agencies and authorities shall where practical within a reasonable time furnish such requested available information to the Commission. (h) To make such recommendations and reports to the Governor and to the General Assembly of Georgia as it deems necessary or advisable, in addition to the annual report required as hereinafter provided. (i) To employ and fix the compensation not to exceed $12,000.00 annually of a full time executive director who shall be technically qualified for the duties of said position, and upon the recommendation of said executive director, to

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employ and fix the compensation of such other qualified personnel as may be needed to effectively carry out the provisions of this Act. The executive director may act as secretary to the Commission. (j) To contract with political subdivisions of the State of Georgia and with private persons and corporations. (k) To do all other things necessary and proper to exercise its powers and perform its duties to effectuate the purposes of this Act. (l) To create an executive committee made up of the officers of the Commission. Said executive committee shall have such authority as may be delegated to it by the Commission. Section 5. Said Commission is hereby authorized to promulgate a merit system of employment under which the employees of said Commission shall be selected on the basis of merit. All employees of the Commission are hereby authorized to be members of the Employees Retirement System of Georgia, established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as the same is now or may hereafter be amended. All rights, credits and funds in such Retirement System which are possessed by any person at the time of his employment with the Commission are hereby continued and preserved, it being the intention of the General Assembly that such person shall not lose any rights, credits or funds to which he may be entitled prior to being employed by the Commission. Employees. Section 6. The Commission shall have the following duties: (a) To formulate in cooperation with other State agencies, agencies of the United States government, interested organizations and citizens of the State of Georgia, a comprehensive program and plan for the development of the Altamaha River Basin. Duties.

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(b) To submit an annual report of its activities and recommendations to the Governor and General Assembly of Georgia. Section 7. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. BUDGET INFORMATION ON NEW PROGRAMS. Code 40-419.1 Enacted. No. 1271 (House Bill No. 1364). An Act to amend Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, as amended, so as to require information from any budget unit which has plans for the institution of any new program; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 40-4, relating to the Budget Bureau and budgetary procedures of the State, as amended, is hereby amended by adding a new Code Section to be known as section 40-419.1, to read as follows: 40-419.1. Information by Budget Units Prior to Institution of New Programs. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to each member of the General Assembly, at least forty-five (45) days prior to the convening date of the General Assembly at which appropriations

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are to be sought to finance such program, with a description of the program, the purposes of such program, the reason or reasons for seeking to institute such program, the operating procedure of such program and any other information which would be helpful to the members of the General Assembly in determining whether or not to appropriate funds therefor. The members shall also be furnished with the projected cost of such program for at least each of the next five fiscal years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. REVENUEINCOME TAXDEFINITIONS. Code 92-3108 Amended. No.1272 (House Bill No. 1370). An Act to amend section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meaning such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1970; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 92-3108 of the Code of Georgia is hereby amended by striking the date January 1, 1969 whereever it appears in the second paragraph of said section and inserting in lieu thereof the date January 1, 1970 so that, as amended, said paragraph will read: Wherever 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,

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1970, 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, 1970. Internal Revenue Code of 1954. Section 2. This Act shall become effective immediately upon its approval, or its otherwise becoming law, and shall apply to all taxable years beginning on or after January 1, 1970. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. TAX RETURNS IN CERTAIN COUNTIES BASED UPON MUNICIPAL POPULATION (400,000 OR MORE). Code 92-6201 Amended. No.1273 (House Bill No. 1389). An Act to amend section 92-6201, Code of Georgia, relating to the time to make tax returns which said amendment shall be applicable to all counties having therein the greater part of a city having a population of more than 400,000, according to the last or any future Federal Decennial Census, and to such cities; to repeal conflicting laws and for other purposes. Be enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The several tax receivers, tax commissioner, or other person authorized to receive tax returns for the said cities and counties, within the population classification, shall open their books for the return of taxes on the second day of January, and close them on the first day of March each year.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. This amendment shall have application only to cities and counties coming within the population set out in the caption. Approved March 23, 1970. CONSTITUTIONAL AMENDMENTS PUBLICATION BOARD. No. 1274 (House Bill No. 1561). An Act to create the Constitutional Amendments Publication Board; to provide for membership; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Constitutional Amendments Publication Board to be composed of the Governor, Lieutenant Governor and the Speaker of the House of Representatives. The Board shall provide for the publication of proposed constitutional amendments or of a proposed new Constitution, or of both such amendments and such Constitution, pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution, as amended. The Governor shall be Chairman of the Board, which shall meet upon the call of the Chairman or upon the call of any two members of the Board. The Chairman shall have a vote on all actions the same as the other members of the Board and no action shall be taken without the affirmative vote of any two members of the Board. 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. Approved March 23, 1970. REVENUEDUTIES OF TAX RECEIVERS. Code 92-4611 Amended. No. 1276 (Senate Bill No. 340). An Act to amend Code section 92-4611, relating to the duties of tax receivers, as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 533), so as to provide that it shall be the duty of the tax receiver to enter upon the digest prepared by him an itemization of all properties exempt from taxation along with the owner of such property and the reason such property is exempt from such taxation; 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 92-4611, relating to the duties of tax receivers, as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 533), is hereby amended by adding at the end thereof a new subsection (10) to read as follows: (10) To enter upon the digest prepared by him an itemization of all properties exempt from taxation along with the owners of such properties and the reason such properties are exempt from such taxation. Section 2. The provisions of this Act shall apply to all digests prepared for the year 1971 and all years thereafter. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970.

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STATE REVENUE COMMISSIONERDUTY TO EXAMINE TAX DIGESTS. No. 1277 (Senate Bill No. 341). An Act to amend an Act providing that the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine that the valuation of the various classes of property are reasonably uniform between the counties, approved February 18, 1966 (Ga. L. 1966, p. 45), so as to provide that it shall be the duty of the State Revenue Commissioner to examine the itemization of exempt properties appearing on the tax digests of the various counties and, if in the judgment of the Commissioner, any properties listed thereon should be subject to taxation, to advise the board of tax assessors of his reasons for believing such property should be subject to taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine that the valuation of the various classes of property are reasonably uniform between the counties, approved February 18, 1966 (Ga. L. 1966, p. 45), is hereby amended by adding at the end of section 1 a new subsection (d) to read as follows: (d) It shall be the further duty of the State Revenue Commissioner to examine the itemizations of exempt properties appearing on the digest and, if in the judgment of the Commissioner, any properties appearing thereon should be subject to taxation, to so advise the Board of Tax Assessors of the counties concerned with an explanation of his reasons for believing such property should be subject to taxation. Section 2. The provisions of this Act shall apply to all tax digests filed with the Commissioner for the year 1971 and all years thereafter. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICESREIMBURSEMENT OF COUNTIES. No. 1278 (Senate Bill No. 404). An Act to authorize and empower the State Department of Family and Children Services to reimburse the county commissioners or the legally constituted fiscal or financial agent of the county 100% of the cost of all welfare benefits to patients in a nursing home within the county which is within the confines or under the jurisdiction of any State institution or State Department. 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 legally constituted fiscal or financial agent of the county 100% of the cost of all welfare benefits to patients in a nursing home lying within the county which is within the confines or under the jurisdiction of any State institution or State Department. Nursing home patients. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970.

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DEPARTMENT OF PUBLIC HEALTHDESTRUCTION OF CERTAIN RECORDS AUTHORIZED. No. 1279 (Senate Bill No. 405). An Act to amend an Act, relating to the destruction of records of the various State departments, approved March 18, 1943 (Ga. L. 1943, p. 468), as amended by an Act approved March 8, 1945 (Ga. L. 1945, p. 331), an Act approved January 26, 1960 (Ga. L. 1950, p. 29), an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 4), an Act approved March 13, 1957 (Ga. L. 1957, p. 374), an Act approved March 13, 1957 (Ga. L. 1957, p. 504), an Act approved February 4, 1959 (Ga. L. 1959, p. 26), and an Act approved March 7, 1960 (Ga. L. 1960, p. 780), so as to provide that the State Department of Public Health may in its discretion destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; to provide for submission of disposition schedules to the Department of Archives and History prior to destruction; to provide for certain annual reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved March 18, 1943 (Ga. L. 1943, p. 468), as amended by an Act approved March 8, 1945 (Ga. L. 1945, p. 331), an Act approved January 26, 1950 (Ga. L. 1950, p. 29), an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 4), an Act approved March 13, 1957 (Ga. L. 1957, p. 374), an Act approved March 13, 1957 (Ga. L. 1957, p. 504), an Act approved February 4, 1959 (Ga. L. 1959, p. 26), and an Act approved March 7, 1960 (Ga. L. 1960, p. 780), relating to the destruction of records of the various State departments is hereby amended by adding to the end of section 1, the following: Provided, however, that the State Department of Public Health in its discretion may destroy fiscal records maintained to administer the Medical Assistance Program developed

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under Title XIX of the Social Security Act (42 U.S.C. Section 1396-1396g (1969)), provided that no such records may be destroyed that are less than two years old and provided further that no records subject to audit will be destroyed until both State and Federal audits are completed. Disposition schedules for fiscal records maintained to administer the Medical Assistance Program developed under said Title of the Social Security Act will be submitted for approval to the Department of Archives and History prior to destruction. An annual report on cubic volume destroyed will be sent to the Department of Archives and History for tabulation in a Statewide destruction summary maintained by that department. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. JUNIOR COLLEGE ACT OF 1958 AMENDED. No. 1280 (Senate Bill No. 425). An Act to amend an Act known as the Junior College Act of 1958, approved February 20, 1958 (Ga. L. 1958, p. 47), as amended by an Act approved March 18, 1964 (Ga. L. 1964, p. 686), so as to change the academic year payment by the Board of Regents to certain local operating authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Junior College Act of 1958, approved February 20, 1958 (Ga. L. 1958, p. 47), as amended by an Act approved March 18, 1964 (Ga. L. 1964, p. 686), is hereby amended by striking from section 5 the figure 300 and inserting in lieu thereof the figure 400, so that section 5, when so amended, shall read as follows:

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Section 5. There shall be paid to every local operating authority which shall have established a junior college or colleges under the provisions of this Act, and upon which construction has commenced prior to January 1, 1964, and which is not operated as a unit of the University System of Georgia under the Board of Regents, the sum of $400.00 per nine-month academic year for each full-time equivalent student as determined by the Board of Regents annually for teaching, instruction and maintenance purposes. Payments by Board of Regents. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. DEPARTMENT OF PUBLIC SAFETYTICKETS FOR VIOLATION OF TRAFFIC OFFENSES. No. 1281 (Senate Bill No. 455). An Act to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Georgia State Patrol shall be numbered; to provide for the distribution of such tickets; to provide for records; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All tickets issued by troopers and officers of the Georgia State Patrol shall be numbered on the face of such tickets. Tickets shall consist of an original and three copies, with the same number on the original and all three copies. The original shall be given to the offender, one copy shall be given to the sheriff of the county in which the ticket is issued, one copy shall be retained in the records of the State Patrol Post having jurisdiction in the locality where the ticket is issued, and the remaining copy shall be sent to the Department of Public Safety Headquarters in Atlanta, to be retained in the records of the Department.

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Section 2. Tickets shall be purchased by the Department of Public Safety and shall be consecutively numbered. Records shall be maintained so that at all times information shall be available as to where all tickets have been assigned and the disposition made of such tickets. Records, etc. Section 3. This Act shall become effective January 1, 1971. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. GENERAL ASSEMBLYEXPENSE ALLOWANCE OF MEMBERS, ETC. Code 47-107 Amended. No. 1282 (Senate Bill No. 459). An Act to amend Code section 47-107 relating to the salary, expenses, and mileage of members of the General Assembly, as amended, by an Act approved March 16, 1966 (Ga. L. 1966, p. 544), and an Act approved March 17, 1967 (Ga. L. 1967, p. 39), so as to clarify the provisions relating to expense allowance of members of the General Assembly; 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 47-107 relating to the salary, expenses, and mileage of members of the General Assembly, as amended, by an Act approved March 16, 1966 (Ga. L. 1966, p. 544), and an Act approved March 17, 1967 (Ga. L. 1967, p. 39), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 47-107 to read as follows:

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47-107. Salary and allowances of members and officials. Each member of the General Assembly shall receive an annual salary of $4,200.00 per annum to be paid in equal monthly installments by the State Treasurer. The Speaker of the House of Representatives shall receive an additional amount of $7,800.00 per annum, the Speaker Pro Tempore of the House of Representatives shall receive an additional amount of $2,400.00 per annum, and the President Pro Tempore of the Senate shall receive an additional amount of $2,400.00 per annum. The Majority Leader and the Administration Floor Leader of the House of Representatives and the Administration Floor Leader of the Senate shall each receive such additional amount per annum as shall be provided by resolution of the respective Houses, but such amount for each shall not be greater than the additional amount provided for herein for the Speaker Pro Tempore of the House of Representatives. All of such additional amounts shall also be paid in equal monthly installments by the State Treasurer. During regular and extraordinary sessions of the General Assembly each member shall also receive the sum of $25.00 per day as an expense allowance. Each member shall also receive a mileage allowance at the rate of 10 per mile for not more than one round trip per calendar week, or portion thereof, during each regular and extraordinary session to and from their residences and the State Capitol by the most practical route. Such expense and mileage allowances shall also be paid by the State Treasurer. For each day's service within the State as a member of an interim committee created by or pursuant to a resolution of either or both Houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution, such member shall receive the sum of $25.00 per day as an expense allowance and a mileage allowance at the rate of 10 per mile or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission or other agency. In the event it becomes necessary for an interim committee to rent a meeting room in the performance of

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the duties of the committee, the committee chairman must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service without the State as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus a mileage allowance at the rate of 10 per mile or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. All such allowances shall also be paid by the State Treasurer upon the submission of proper vouchers. No member of the General Assembly shall receive any compensation, salary, per diem, expenses, allowances, mileage, costs or any other remuneration whatsoever for service as a member of the General Assembly other than as provided in this Section. 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 23, 1970. HOSPITAL CARE FOR THE INDIGENTINDIGENT DEFINED. Code 88-2302 Amended. No. 1283 (Senate Bill No. 471). An Act to amend Code Chapter 88-23, relating to hospital care for the indigent, so as to redefine the term indigent person in such a manner as to require that the governing authority of an allegedly indigent person's county of residence shall certify such person as indigent, or else neither

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the county of the allegedly indigent person's residence nor the hospital shall be responsible for any medical costs incurred by said person; to provide that the person shall be responsible for all said costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-23, relating to hospital care for the indigent, is hereby amended by adding to subsection (e) of Code section 88-2302 the following: An allegedly indigent person shall not be considered an `indigent person' for the purposes of this Act until and unless he shall be certified as an `indigent person' by the governing authority of his county of residence. If the said governing authority shall fail or refuse to certify a person as an `indigent person' within five days after the next regular or special meeting of the governing authority receiving notice as to such person's being admitted to a participating hospital, neither the county nor the hospital shall be responsible for any medical costs incurred by said person, but the person himself shall be responsible for all said costs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1970. ATLANTA JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYS. No. 1284 (House Bill No. 1392). An Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved January 24, 1951 (Ga. L. 1951, p. 3), an Act approved March 21, 1963

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(Ga. L. 1963, p. 179), an Act approved April 5, 1965 (Ga. L. 1965, p. 529), an Act approved February 2, 1966 (Ga. L. 1966, p. 3), and an Act approved February 29, 1968 (Ga. L. 1968, p. 45), so as to change the designations of the officers to whom this Act relates to first assistant district attorney and trial assistant district attorney, respectively; to provide that the compensation of the first assistant district attorney and trial assistant district attorneys shall be fixed by the district attorney of said circuit within specified limits; to repeal an Act approved February 29, 1968 (Ga. L. 1968, p. 45), relating to compensation and pensions of assistant solicitors-general of said circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved January 24, 1951 (Ga. L. 1951, p. 3), an Act approved March 21, 1963 (Ga. L. 1963, p. 179), an Act approved April 5, 1965 (Ga. L. 1965, p. 529), an Act approved February 2, 1966 (Ga. L. 1966, p. 3), and an Act approved February 29, 1968 (Ga. L. 1968, p. 45), is hereby amended by changing the designations first assistant solicitor-general and trial assistant solicitor-general wherever they appear in said Act as so amended to first assistant district attorney and trial assistant district attorney, respectively, and by changing the salary ranges in the second paragraph of said section to not less than $13,000.00 nor more than $19,000.00 per annum for the first assistant district attorney, and not less than $10,000.00 nor more than $18,000.00 per annum for the other assistant district attorneys, so that when amended said second paragraph shall read as follows: The salary of the first assistant district attorney shall be fixed by and in the discretion of the district attorney of the Atlanta Judicial Circuit at not less than $13,000.00 nor more than $19,000.00 per annum, and the salaries of the

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trial assistant district attorneys shall be fixed by said district attorney and in his discretion at not less than $10,000.00 nor more than $18,000.00 per annum, all such salaries so fixed to be paid in equal monthly installments out of the treasury of Fulton County as part of the operating expenses of the court and the funds therefor to be provided in the same manner as the other operating expenses of said court. Section 2. An Act approved February 29, 1968 (Ga. L. 1968, p. 45) relating to compensation and pensions of assistant solicitors-general of the Atlanta Judicial Circuit is hereby repealed in its entirety. 1968 Act repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the Secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published in 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 22, 29 days of December, 1969, and on the 5 day of January, 1970. As provided by law. /s/Bessie K. Crowell Notice of Intention to Apply for Local Legislation Notice is hereby given of intention to apply for local legislation at the Regular Session of the General Assembly of Georgia convening in January, 1970, to amend an Act abolishing the fee system of 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, with respect to compensation and pensions, number and designations of

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assistants and their appointment and the fixing of their compensation, and any other matter germane to said Act, as amended. This 19th day of December, 1969. Lewis R. Slayton District Attorney, Atlanta Judicial Circuit Subscribed and sworn to before me, this 9th day of January, 1970. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 17, 1971. (Seal) Approved March 23, 1970. GEORGIA STATE HEARING AID DEALERS AND DISPENSERS ACT. No. 1285 (House Bill No. 327). An Act to establish the Georgia State Board of Hearing Aid Dealers and Dispensers; to provide for licensure of persons who are dealers and dispensers of hearing aids; and to define the composition, powers, duties and authorities of such Board; to provide for the organization of said Board under the auspices of the Joint-Secretary of State, State Examining Boards, and to provide for the compensation of said Board; to provide for proceedings by and before such Board; to provide a short title; to provide for the regulation of the sale and dispensing of hearing aids to the public in the State of Georgia; to provide for the licensing and qualifications for such licensing of firms and individuals selling, dispensing, distributing hearing aid devices and instruments; to provide for examinations of applicants for license under this Act; to provide for the

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fees for examination and licensing; to provide for annual registration of each firm or person qualifying under this Act; to provide for the licensing of hearing aid trainees; to authorize the Board of Hearing Aid Dealers and Dispensers to suspend or revoke any license issued to any firm or individual licensed under this Act and to reprimand any holder of any license under this Act; to prohibit the dispensing or selling of any hearing aid device or instrument unless done in compliance with the terms of this Act; to authorize the State Board of Hearing Aid Dealers and Dispensers to obtain injunctions to enforce the provisions of this Act; to provide for penalties for the violation of this Act, to provide for exemptions from the terms of this Act; to provide for an effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Georgia State Hearing Aid Dealers and Dispensers Act. Short title. Section 2. Purpose of Act; Licensure of Persons who Practice the Dispensing and Selling of Hearing Aids. A. The purpose and intent of this Act is to establish and enforce standards of competence and ethics in the dispensing and sale of hearing aid devices or instruments, to protect the public from the dispensing or sale of hearing aids by unskilled or unprincipled persons. B. On and after July 1, 1970, it shall be unlawful for any person or firm to engage in the practice of dispensing and selling hearing aids, as defined in this Act, in the State of Georgia without having a valid license issued under this Act. No person or firm except those exempted in Section 5 of this Act shall engage in the practice of dispensing, supplying, distributing or selling hearing aid devices or instruments or display a sign or in any other way advertise or represent himself or any firm as practicing the fitting or sale of hearing aid devices or instruments in Georgia on and after July 1, 1970, unless such person or firm holds an

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unsuspended, unrevoked license issued by the Joint-Secretary as hereinafter defined; as provided in this Act. A dispenser's license issued under this Act shall entitle the holder to select, dispense and sell hearing aid devices or instruments. The dealer's license issued under this Act shall entitle the holder to establish and operate an office or location for the dispensing and sale of hearing aid devices or instrument. No firm shall engage in the practice of dispensing or selling of hearing aid devices or instruments or display a sign or in any way advertise or represent itself as practicing the sale of hearing aid devices or instruments in Georgia on and after July 1, 1970, unless each office or location of said firm is staffed by a person who holds a valid dispenser's license issued under this Act; and no firm holding a dealer's license issued under this Act shall advertise or in any manner represent any branch office or location as a permanent full-time branch office or location unless said office or location is maintained for 20 hours or more per calendar week by a person holding a valid dispenser's license under this Act. Duplicate dealer's licenses shall be issued by the Joint-Secretary to valid license holders operating more than one office or place of practice upon the payment of an additional dealer's license fee for each location, provided each such location shall be staffed and supervised by a person holding a valid dispenser's license issued under this Act. Each and every dealer's license and dispenser's license required by this Act shall be conspicuously posted at each location and place of practice at all times as may be required by regulations established by the Joint-Secretary or Board. C. Nothing in this Act shall prohibit a corporation, partnership, trust, association or other like organization, maintaining an established business address in this State, from engaging in the business of selling or offering for sale hearing aid devices or instruments at retail provided that it holds a dealer's license issued under this Act and that it employs only properly licensed persons who engage in the direct sale or dispensing of such products to the purchaser and user thereof. Such corporations, partnerships, trusts, associations or other like organizations shall file annually

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with the Board a list of all licensed dispensers directly or indirectly employed by it, including the address of such dispensers. Section 3. Definitions: A. Joint-Secretary shall mean the Secretary appointed by the Secretary of State under the Act creating the State Examining Boards (Georgia Code Ann. Title 84-101) and charged with administering the State Examining Boards in the State. B. License shall mean the Georgia license issued by the Joint-Secretary under this Act to Hearing Aid Dealers and Dispensers. (1)Dealer's License shall mean the license required by an individual, partnership, firm, corporation, association or other like organization for each office, store or location established or maintained for the dispensing or selling of hearing aid devices or instruments in the State of Georgia. (2) Dispenser's License shall mean the license required for each individual who shall engage in the practice of dispensing and selling hearing aid instruments or devices to or for the user thereof. C. Temporary Permit shall mean a temporary permit issued while the applicant is in training under a licensed dispenser to become a licensed Hearing Aid Dealer and Dispenser. D. Board shall mean the Board of Hearing Aid Dealers and Dispensers created by this Act. E. Hearing Aid device or instrument shall mean any wearable electronic instrument or device designed for or represented or offered for the purpose of compensating for defective human hearing, including parts, attachments, earmolds and accessories except batteries and cords. F. The Practice of Dispensing and Selling Hearing Aids shall mean the selling, renting or leasing of hearing aid

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devices or instruments and shall entitle the holder of a license granted under this Act to make such measurements of the dimensions of human hearing, by means of an audiometer or other instrument or by other means approved by the Board, as are consistent with the practices, procedures and instrumentation currently employed by the hearing aid industry, for the sole purpose of making selections and/or adaptations of hearing aids for the sale of such hearing aids. Section 4. Bill of Sale and Receipt required to be furnished to a person supplied with a Hearing Aid: A. Any person who practices the dispensing or sale of hearing aid devices or instruments shall deliver to each person supplied with a hearing aid device or instrument written receipt or bill of sale, in such form as may be prescribed by the Joint-Secretary or Board, which shall contain the licensee's full name and signature, and the number of his license, together with specifications as to the make and model and serial number of the hearing aid device or instrument furnished, and the full terms of sale, including guarantees, if any, clearly stated, and such other information as the Joint-Secretary or Board may determine to be essential in the public's interest. If a hearing aid device or instrument which is not new is sold, the receipt thereof must be clearly marked as used or reconditioned, whichever is applicable, with the terms of guarantee, if any, clearly stated. B. Any person practicing the dispensing and sale of hearing aids will, when dealing with a child of 16 years of age or under, ascertain whether the child has seen a licensed physician for his recommendation within 90 days prior to the fitting. If such not be the case, a recommendation to do so shall be made and this fact noted on the receipt. Section 5. Persons and practices not affected: A. The provisions of this Act shall not apply to a person who is a physician licensed to practice medicine in the State of Georgia. B. Certificate of Clinical Competence of the American Speech and Hearing Association shall be accepted in lieu of experience and/or examination qualifications for license.

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C. Nothing in the Act shall be construed to forbid or prevent any person or organization from using hearing aids for any purpose provided said purpose does not involve the sale, rental or leasing of hearing aids. Section 6. License by Experience: A. The Joint-Secretary shall issue a license without examination to any applicant, upon payment of applicable fees as provided herein, who shall: (1) Have been engaged not less than an average of twenty hours per week as a hearing aid dispenser in Georgia for a total period of at least two years, within a period of five years immediately prior to the effective date of the Act; and (2) Present satisfactory evidence to the Board that applicant maintains satisfactory relationship and responsibility to a holder of Dealer's license issued under this Act; and (3) Present satisfactory evidence to the Board that applicant is of good moral character; and (4) Be 21 years of age or older; and (5) Be free of contagious or infectious disease. B. Any person engaged in Georgia as a hearing aid dispenser on the date of enactment of this Act, and who shall have been so engaged less than two years, shall be entitled, upon payment of applicable fees as provided herein, to a temporary license to continue said practice after the effective date of this Act until an examination as provided under Section 9 of this Act shall be scheduled and completed by the Joint-Secretary; and without payment of examination fee, such person shall be permitted to take the first examination as provided by Section 9 of this Act when so scheduled and held by the Joint-Secretary; and upon successful completion of said examination in compliance with Section 9 of this Act, the Joint-Secretary shall issue to said

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person an annual license as provided by this Act provided said person meets all other requirements set forth in Section 6 of this Act. C. The above stated methods of granting a license based upon prior experience shall be terminated on January 1, 1971. Section 7. Issuance of License; Cost of Licenes: A. The Joint-Secretary shall register each applicant for dealer's license upon compliance with this Act upon payment of the annual fee for dealer's license and upon the presentation of evidence satisfactory to the Board that it has established or will establish a regular office, store or location for the sale of hearing aid devices or instruments, that it will maintain such office, store or location, staffed by a person or persons holding valid dispenser's license, for a minimum of 20 hours per calendar week. B. The Joint-Secretary shall register each applicant for a dispenser's license who satisfactorily complies with the experience requirements as provided in Section 6 or who successfully passes an examination as provided in Section 9 of this Act, and upon payment of the annual dispenser's license fee, shall issue to the applicant a dispenser's license signed by the Joint-Secretary. The license shall be effective until December 31 of the year in which issued. C. The Dealer's annual license fee shall be an amount determined by the Joint-Secretary and the Board for each office or location established by each firm. D. The Dispenser's annual license fee shall be an amount determined by the Joint-Secretary and the Board. Section 8. Non-Resident Licenses: A. Non-Resident Dealer's Licenses may be issued to individuals, firms, partnerships, corporations or other like organizations domiciled outside of the State of Georgia upon presentation of satisfactory evidence to the Board that it complies with all provisions of the Act for Dealer's License and upon payment of

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the fees required for such license. Holders of Non-Resident Dealer's License shall be governed by and subject to all of the conditions and provisions of this Act relating to Dealer's Licenses. B. Non-Resident dispenser's license may be issued to an applicant who holds a current unsuspended, unrevoked license to practice the dispensing or selling of hearing aids in another State or jurisdiction, upon payment of fees as provided for dispenser's licenses under this Act, upon presentation of satisfactory evidence to the Board that such other State or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this Act for the practice of dispensing and selling hearing aids and that such State or jurisdiction has a program equivalent to or stricter than that required by this Act for determining the qualifications of applicants for dispenser's license, and provided that such State or jurisdiction has a provision for reciprocity and has entered into a reciprocal agreement with the Georgia State Board of Hearing Aid Dealers and Dispensers. No such applicant for reciprocal non-resident dispenser's license shall be required to submit to or undergo a qualifying examination. The holder of non-resident dispenser's license shall be registered in the same manner as the holder of a regular resident dispenser's license and shall present satisfactory evidence to the Board that he maintains a satisfactory relationship and responsibility to a holder of a Dealer's or non-resident Dealer's license as required under this Act. Fees, grounds and procedures for renewal, suspension and revocation of dispenser's license shall apply to non-resident dispenser's license. Section 9. License by Examination: A. Applicants who do not meet the experience qualifications as of the effective date of this Act may obtain a license by successfully passing a qualifying examination provided the applicant: (1) Is at least 21 years of age. (2) Is of good moral character. (3) Has an education equivalent to a four-year course in

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an accredited high school in Georgia as determined by the Georgia State Department of Education. (4) Is free of contagious or infectious disease. (5) Present satisfactory evidence to the Board that applicant maintains satisfactory relationship and responsibility to a holder of Dealer's license issued under this Act. B. An applicant for dispenser's license by examination who is advised by the Board that he has fulfilled the necessary requirements as stipulated by this Act shall appear at a time, place and before such persons as the Joint-Secretary may designate to be examined as directed by the Board as to his competence to engage in the practice of dispensing and selling hearing aids. C. The Joint-Secretary shall provide at least one examination each year, and such additional examinations as the Board shall deem warranted by the volume of applications. D. Each applicant desiring to become licensed as a dispenser shall make application for examination to the Joint-Secretary on forms required by the Joint-Secretary at least 30 days prior to date of such examination accompanied by the examination fee of $25.00. E. An initial examination will be given within six months of the effective date of this Act to cover persons specified in Section 6, Subsection 6, or as soon thereafter as the Board may direct. F. Qualifying examinations shall be compiled by or at the direction of the Board. In addition to questions involving that body of knowledge relating to the function and operation of hearing aids, the examination shall be designed to demonstrate, as they pertain to the practice of dispensing and selling hearing aids, the applicant's knowledge of the structure and function of the ear, his competence and proficiency in making appropriate hearing tests and in making selections and/or adaptations of hearing aids for hearing

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impaired persons, consistent with minimal practices, procedures and instrumentation currently employed by the hearing aid industry. There shall be included questions concerning the applicant's knowledge of available medical and rehabilitation agencies and referral methods. G. The Board shall establish uniform criteria for passing and failing candidates. Section 10. Temporary Permits: A. After the effective date of this Act, an applicant who fulfills the requirements of Section 9A, and who has not previously applied to take the examination prescribed in Section 9, may apply to the Board for a temporary permit. No previous experience or waiting period shall be required for an applicant for temporary permit. B. Upon receiving an application as provided under this section accompanied by the appropriate fee, the Joint-Secretary shall issue a Temporary Permit which shall entitle the applicant to practice for a period of one year the dispensing and selling of hearing aids under the direct supervision of a person holding a valid Dispenser's License issued under this Act. C. The Temporary Permit holder and the dealer and dispenser responsible for his training and supervision shall be equally and fully responsible for compliance with the provisions of this Act and the regulations promulgated hereunder applying to Temporary Permits. D. If a person who holds a Temporary Permit issued under this Act shall not successfully pass the examination for license during the one year period from the date of issue of the Temporary Permit, the Temporary Permit may be renewed one time for a period of one year upon payment of the annual fee for Temporary Permits. Any subsequent application for examination for dispenser's license shall require a new examination fee. E. Holders of Temporary Permit shall be governed by all standards of regular licensees.

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Section 11. Notice to Joint-Secretary of Place of Practice; Notice to Holders of License: A. A person who holds a dispenser's license shall notify the Joint-Secretary in writing of the regular address of the place where he engages or intends to engage in the practice of dispensing or selling hearing aid devices and instruments. B. A firm which holds a dealer's license shall notify the Joint-Secretary in writing of the addresses of each location or practice of doing business under this Act. C. The Joint-Secretary shall keep a record of the location and places of practice of persons and firms who hold licenses. D. Any notice required to be given by the Joint-Secretary or Board to a person or firm who holds a license shall be mailed to such licensee by certified mail to the address of the place of practice last recorded with the Joint-Secretary and such mailing shall constitute notice to such licensee as required under this Act. Section 12. Annual Renewal of License: Fees; Effect of Failure to Renew. Licenses as provided in this Act shall expire December 13. Each person who practices the dispensing or sale of hearing aid devices and instruments shall annually before January 1st, pay to the Joint-Secretary the appropriate fee for a renewal of this dispenser's license and shall keep such license conspicuously posted in this place of practice at all times. Each firm which engages as a dealer in practice and sale of hearing aid devices and instruments shall annually before January 1st, pay to the Joint-Secretary the appropriate fee for a renewal of the dealer's license and shall keep such license conspicuously posted in each location of business at all times. When more than one office or place of business is operated, a duplicate dealer's license shall be obtained from the Joint-Secretary for each such location or place of regularly carrying on the practice of dispensing or selling hearing aid devices or instruments upon the payment of an additional appropriate fee for each such duplicate license.

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The address of location or place of doing business shall be stated on said duplicate license and be posted at such location. A 30-day grace period shall be allowed after January 1st during which time licenses may be renewed on payment of a penalty fee of 10% of the annual license fee plus the amount of the license fee to the Joint-Secretary. After the expiration of the said 30-day grace period, said license shall lapse and be void and said licensee shall not engage in the hearing aid practice as defined in this Act. Thereafter during said calendar year, the Joint-Secretary may renew such lapsed license upon the payment of the fee plus fifty (50%) per cent of the applicable fee to the Joint-Secretary. No licensee who applies for renewal after expiration of license shall be required to submit to any examination as provided in this Act as a condition to renewal, provided such application for renewal is made within two years from the date of such expiration; and provided said firm or person has not engaged in the practice as a hearing aid dealer or dispenser in Georgia during the period of lapse of said license. Section 13. Board of Hearing Aid Dealers and Dispensers. A. There shall be established a Board of Hearing Aid Dealers and Dispensers which shall administer and enforce the provisions of this Act. B. Members of the Board shall be residents of the State of Georgia. The Board shall consist of five members, three of whom shall possess the qualifications herein specified for dispensers license and shall have had no less than three years experience as a hearing aid dispenser; one of whom shall be a diplomate or eligible for certification by the American Board of Otolaryngology; and one of whom shall be an audiologist qualified for the Certificate of Clinical Competence of the American Speech and Hearing Association. C. Each member of such Board shall be appointed by the Governor with the approval of the Secretary of State and subject to confirmation by the Georgia Senate. The original Board shall be so appointed prior to July 1, 1970, the members in each category shall be appointed from a list compiled

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and submitted to the Governor by the Secretary of State from recommendations submitted by the respective organizations in which they hold the requisite qualifications; namely, the Georgia Hearing Aid Dealers Association, the Georgia Society of Ophthalmology and Otolaryngology, and the Georgia Speech and Hearing Association. Each subsequent appointment shall be made from lists of the names of no less than two persons from recommendations submitted by the respective organizations in which they hold requisite qualifications. The term of office for each member shall be three years, excepting that of the first Board appointed under this Act, one license-qualified member shall be appointed for one year term; one shall be appointed for a two-year term; and one shall be appointed for a three-year term. Upon the expiration of each term, the then Governor and Secretary of State shall appoint a successor as above provided. Any vacancy on the Board arising from death, resignation or other cause shall be filled by such appointment for the unexpired term. The members of the Board shall annually designate one such member to serve as Chairman and another to serve as Secretary. No member may be reappointed to the Board until at least one year after the expiration of his term of office. Section 14. Powers and Duties of the Board: A. The Board shall have the responsibility and duty of administering and enforcing the provisions of this Act. The Board shall be responsible for preparing the examinations required by this Act and shall assist the Joint-Secretary in carrying out the provisions of this Act. The Board shall have the power to establish and to revise minimal procedure and equipment requirements which shall be used in the practice of dispensing and selling hearing aids. Procedural and equipment requirements shall not be in conflict with acceptable practices currently employed by the hearing aid industry. B. The Board shall: (1) Authorize, with the advice of the Joint-Secretary, all disbursements necessary to carry out the provisions of this

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Act and the Rules and Regulations promulgated by the Board. (2) Supervise issuance of licenses By Experience and administer qualifying examination to test the knowledge and proficiency of applicants licensed By Examination. (3) Register and license persons and firms who make proper application to the Joint-Secretary and who are determined to be qualified for license to practice the dispensing and sale of hearing aid devices and instruments. (4) Purchase and maintain or rent facilities necessary to carry out the examination of applicants as provided herein. (5) Issue and renew licenses. (6) Suspend or revoke licenses in the manner provided herein. (7) Designate the time and place for examining applicants. (8) Appoint representatives to conduct or supervise the examination. (9) Appoint and employ subordinate employees and carry out the administration of the provisions of this Act. C. The Joint-Secretary shall be guided by the recommendations of the Board in all matters relating to this Act. D. In the administration and enforcement of this Act, the Board shall have the power to adopt reasonable rules and regulations not inconsistent with this Act and the Constitution and laws of this State or of the United States, to govern its times and places of meetings for organization and reorganization, for the holding of examinations, for governing all other matters requisite to the exercising of its powers, the performance of its duties relating to examinations,

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granting and suspending and revoking licenses, and the transaction of its business under the provisions of this Act. Section 15. Meetings of Board: A. The Board shall meet not less than once each year at a place, day and hour determined by the Board and as many as eight times per year as necessary, for which payment of per diem and travel and subsistence expenses shall be paid as provided herein. The Board shall also meet at such other times and places as may be requested by the Joint-Secretary or determined by the Board, but shall not be compensated therefor under this Act. B. The Joint-Secretary shall notify each member of the Board by certified mail not less than 10 days in advance of the time and place of any meeting of the Board. Section 16. Grounds for Suspension or Revocation of License: In addition to other penalties as provided in this Act, the Board shall be empowered to reprimand any licensee under this Act and to suspend or revoke such license for a fixed period by the Board, or the Board may refuse to renew said license on the application for renewal of same, for any of the following causes: A. Conviction of a felony or a misdemeanor involving moral turpitude shall subject a licensee to revocation of his license upon a hearing as herein provided, called by the Joint-Secretary or Board for that purpose. The record of conviction or a copy thereof certified by the Clerk of the Court of such conviction shall be conclusive evidence of such conviction. B. Procuring of license by fraud or deceit practiced upon the Joint-Secretary or Board. C. Selling, bartering or offering to sell or barter a license. D. Purchasing or procuring by barter a license with intent to use it as evidence of the holder's qualifications to

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practice the dispensing and sale of hearing aid devices or instruments. E. Altering a license with fraudulent intent. F. Using or attempting to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered. G. Willfully making a false statement in an application for license or application for renewal of a license. H. Being found guilty by the Board of unethical conduct. Unethical conduct shall mean: (1) The obtaining of any fee or the making of any sale by fraud or misrepresentation. (2) Knowingly employing, directly or indirectly, any suspended or unlicensed person to perform any service covered by this Act. (3) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive or untruthful. (4) Advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type and where it is determined that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised. (5) Representing that the services or advice of a licensed physician or an audiologist will be used or made available in the selection, adjustment, maintenance or repair of hearing aids when that is not true; or using the words hearing center, doctor, ear specialist, clinic; clinical audiologist, state Licensed clinic, state registered, state

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certified, state approved, or any other term, abbreviation, or symbol when it would falsely give the impression that one is being treated medically or professionally or that the registrant's service has been recommended by the state. (6) Representing or implying that a hearing aid device or instrument is or will be custom made, made to order, prescription made, or in any other sense specially fabricated for an individual person when such is not the case. (7) Habitual intemperance. (8) Gross immorality. (9) Permitting another to use his license. (10) Advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist. (11) Giving, directly or indirectly, or offering to give, or permitting or causing to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence or have such person influence others to purchase or contract to purchase any product sold or offered for sale by a hearing aid dealer or dispenser, or influence persons to refrain from dealing in the products of competitors. (12) Selling a hearing aid to a person who has not been given the appropriate tests utilizing procedures and instrumentation as specified by this Act, except in cases of selling replacement hearing aids. I. Practicing while suffering from a contagious or infectious disease. J. Practicing the dispensing and sale of hearing aid devices or instruments under a false name or alias. K. Violating any of the provisions of this Act.

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L. Gross incompetence or negligence in dispensing and selling hearing aids. Section 17. Procedure for Revocation, Suspension, etc; Conduct of Hearing Witnesses, Evidence, etc.; Review of Courts: This Act shall be administered in accordance with the Georgia Administrative Procedure Act, as amended (Georgia Code, Title 3A). Section 18. Suspension of License Based on Conviction of Misdemeanor: Notwithstanding any provision of this Section, where charges preferred against a licensee involve the conviction of a misdemeanor involving moral turpitude and the evidence in support of the charges is clear, competent and unequivocal as may be determined by the Board, the said license may be temporarily suspended by the Board pending a full hearing as herein provided, provided said full hearing is held within sixty (60) days from the temporary suspension of the subject's certificate of registration. Such suspension shall be without prejudice to the licensee at such full hearing. Section 19. Power of Injunction: In addition to other remedies provided by law, the actions of the Board under this Act shall be enforceable by injunction properly applied for by the Board in the Court of Georgia having jurisdiction over the Defendant. Section 20. Powers and Duties of Joint-Secretary: The powers and duties of the Joint-Secretary are as provided in Georgia Code, Title 84, as amended and as may be delegated by the Board. Section 21. Penalties: Any person or firm who practices as a fitter or dealer or who fits or sells hearing aid devices or instruments without a license in violation of this Act or who otherwise is in violation of any provision of this Act shall be guilty of a misdemeanor, and upon conviction, shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than ninety (90) days or both; and any license held by such person or firm convicted

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under this Section shall be forfeited and revoked forthwith for one year from date of such conviction. Section 22. Severability Clause: Should any section or part of this Act be held by the courts to be unconstitutional, contrary to law or void, such decision shall not affect the remaining sections or parts of this Act, and it shall be construed to have been the legislative intent to enact this Act without such invalid part therein, and the remainder of this Act, after the exclusion of such part, shall be deemed to be valid as if such part had not been included herein. Section 23. Effective Dates: This Act shall become effective July 1, 1970. The appointments to the Board shall be made as provided herein on or before July 1, 1970. The terms of such Board members shall begin on July 1, 1970, but such Board members shall serve without compensation from the State as provided herein for service rendered prior to January 1, 1971. To provide sufficient funds to the State Treasury in order to initiate and operate the provisions of this Act, licensing and license fees shall become effective July 1, 1970, through December 31, 1970, for said six months period at the same rates provided for the annual license fees specified herein to be collected annually for periods beginning January 1, 1971. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

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PUBLIC PROPERTYINVENTORYING OF STATE OWNED REAL PROPERTY. Code Chapter 91-4A Enacted. No. 1286 (House Bill No. 626). An Act to amend Code Title 91, relating to public property, as amended, so as to provide for the inventorying of real property owned by the State and certain public corporations; to provide for certain definitions; to provide certain requirements relating to the acquisition or disposition of real property by the State or any department or agency thereof; to provide for the filing with the Secretary of State of a copy of all conveyances involving Regents of the University System of Georgia; to authorize the Secretary of State to devise certain forms and to promulgate rules and regulations to carry out the provisions of this Act; to provide for all matters 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 91, relating to public property, as amended, is hereby amended by inserting between Code Chapter 91-4 and 91-5 a new Code Chapter to be designated Chapter 91-4A to read as follows: 91-4A. Inventory of Real Property; Requirements Relating to the Acquisition or Disposition of Real Property. 91-401A. Definitions. The following words as used in Section 91-402A shall have the following meanings: (a) The words `real property' shall mean any real property owned by the State of Georgia and under the jurisdiction of any State official, department, board, bureau, commission or other State agency, except public road, street and highway rights-of-way owned by the State Highway Department of Georgia. The words `real property' shall also mean real property owned by the following public

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corporations: the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island State Park Authority, the Stone Mountain Memorial Association, and Regents of the University System of Georgia. (b) The word `department' shall mean any State official, department, board, bureau, commission or other State agency having real property under its jurisdiction. (c) The words `public corporation' shall mean the public authorities listed in subsection (a) above, the Stone Mountain Memorial Association, and Regents of the University System of Georgia. 91-402A. Inventory of Real Property. (a) All departments and public corporations are hereby directed to maintain at all times a complete current inventory of real property under their jurisdiction. Said inventory shall be accomplished by the completion of a form, substantially as follows, for each parcel of real property held by such departments and public corporations:

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6. Records, office of the Clerk, Superior Court.....County (a) Deed Book.....Folio.....(b) Plat or Map Book.....Folio..... 7. Location of property: County.....City..... Street address, if applicable, and if not, brief directions to property..... 8. Type of Instrument: (a) Warranty Deed (), (b) Quitclaim Deed (), (c) Eminent Domain, deed executed (), (d) Trustee's Deed (), (e) Adm's. or Ex's. Deed (), (f) Simple deed, no warranty (), (g) Lease (), (h) Use Permit (), (i) Resolution General Assembly (), (j) Deed of gift (). 9. Kind of conveyance: (a) Fee simple (), (b) Other (), state terms and conditions..... 10. If acquired by eminent domain by court order and no deed was executed: (a) Name of principal defendant....., (b) Case number..... (c) Date of final judgment..... 11. Location of original deed..... 12. Is property surplus?.....13. Purchase price of property..... 14. Purchased with (a) State Funds?....., (b) Federal Funds?..... (Show% State Federal) 15. Estimated present value: (a) Land..... (b) Improvements..... 16. Insured for: $..... with.....Ins. Co. 17. Present Use..... Name of person completing form..... Title..... Signature.....

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(b) The inventory required by subsection (a) of this Section shall be completed by not later than January 1, 1971, and shall be maintained current at all times thereafter. Immediately upon the completion of said inventory, it shall be the duty of each department and public corporation to file a duplicate of same in the Office of the Secretary of State, and the Secretary of State shall compile and index all such inventories into a single complete inventory of all real property, but the Secretary of State shall maintain separate files on the property belonging to the public corporations. It shall be the further duty of each department and public corporation to file in the Office of the Secretary of State a duplicate of each form or other document, as provided in subsection (c) below, completed by such department or public corporation in maintaining the inventory of such department current, and the Secretary of State shall utilize such forms or other documents to maintain the complete inventory of all real property current. (c) The Secretary of State is hereby authorized to devise such forms or other documents as may be necessary to keep the complete inventory of real property current, and it shall be the duty of each department and public corporation to utilize such forms and documents as directed by the Secretary of State. (d) The real property inventory form provided in subsection (a) of this Section shall be completed for each parcel of real property hereafter acquired by each department and public corporation. Said form shall be completed within 30 days after the acquisition of any real property, and a duplicate of same shall be forwarded to the Secretary of State. 91-403A. Requirements Relating to the Acquisition and Disposition of Real Property. (a) As used in this Section, the following words shall have the following meanings: (1) The words `real property' shall mean any real property owned by the State of Georgia and under the jurisdiction of any State official, department, board, bureau,

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commission or other State agency, except public road, street and highway rights-of-way and other real property owned by the State Highway Department of Georgia pursuant to the provisions of Code Section 95-1715 of the Code of Georgia of 1933 as said Section was amended prior to July 1, 1969. Also expressly excluded from the meaning of `real property' as used in this Section is all real property owned by the following public corporations: the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island State Park Authority, the Stone Mountain Memorial Association, and Regents of the University System of Georgia. (2) The word `department' shall mean any State official, department, board, bureau, commission or other State agency having real property under its jurisdiction. (b) All real property, the ownership of which is either acquired or disposed of by the State or any department thereof after July 1, 1970, shall be subject to the following requirements: (1) Except as otherwise provided by law and except as otherwise required by the nature of the transaction conveying real property to the State or any department thereof, the title to all real property acquired shall be in the name of the State of Georgia, but the conveyance shall have written or printed thereon the department for which acquired. (2) The original of any conveyance acquiring real property shall be filed in the office of Secretary of State before being recorded in the office of the clerk of the superior court of the county or counties wherein such real property is located. When such conveyance is presented to the Secretary of State for filing, it shall be accompanied by a plat of the real property conveyed, and it shall be the duty of the Secretary of State to have such conveyance and plat recorded in the office of the clerk of the superior court of

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the county or counties wherein such real property is located. Any fees required for such recording shall be paid by the department acquiring such real property or by the seller of such property, as the case may be. After having such conveyance and plat so recorded, the Secretary of State shall index and retain the same as a part of the permanent records of his office, but an exact copy of said conveyance and plat shall be produced by the Secretary of State and forwarded by him to the department acquiring such property. (3) When real property is acquired by eminent domain and is conveyed to the State or department thereof by court order, it shall be the duty of the acquiring department to obtain and transmit to the Secretary of State a certified copy of said court order, and the Secretary of State shall index and retain the same as a part of the permanent records of his office. (4) The original of any conveyance disposing of real property, except a resolution of the General Assembly, shall be filed in the office of the Secretary of State before being recorded in the office of the clerk of the superior court of the county or counties wherein such real property is located. When such conveyance is presented to the Secretary of State for filing, it shall be accompanied by a plat of the real property conveyed, and the Secretary of State shall cause such conveyance and plat to be duplicated. The duplicate of such conveyance and plat shall be indexed and retained by the Secretary of State as a part of the permanent records of his office. The original of such conveyance and plat, along with a certificate, under seal, of the Secretary of State showing that the same has been filed in his office shall be returned to the purchaser of such real property. Upon receiving the original of such conveyance and plat and certificate of the Secretary of State, the purchaser of such real property may then have the same recorded in the office of the clerk of the superior court of the county or counties wherein such real property is located. (5) When real property is conveyed by a resolution of the General Assembly, the Secretary of State shall obtain,

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and certify as true and correct, a copy of said resolution and retain the same as a part of the permanent records of his office. (c) The documents which are required to be maintained by the Secretary of State as a part of the permanent records of his office as provided by paragraph (2), (3), (4) and (5) of subsection (b) of this Section shall be used by him, in such manner as he shall determine, in maintaining the inventory of real property as provided in Section 91-402A and 91-404A. 91-404A. Acquisition and Disposition of Real Property by Regents of the University System of Georgia, Copy to be Filed with Secretary of State. A copy of all conveyances for the acquisition or disposition of real property now or hereafter owned or held by Regents of the University System of Georgia shall be filed with the Secretary of State by Regents of the University System of Georgia within thirty (30) days after said conveyance has been recorded in the office of the clerk of the superior court in the county in which the land is located. When real property is acquired by Regents of the University System of Georgia by condemnation, the Secretary of State shall be supplied with a certified copy of the Court Order vesting title in Regents of the University System of Georgia. 91-405A. Secretary of State Authorized to Promulgate Rules and Regulations. The Secretary of State is hereby authorized and directed to promulgate such rules and regulations as may be necessary to carry out the provisions of this Chapter, provided such rules and regulations are not in conflict with the provisions of this Chapter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

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PRACTICE AND PROCEDURE, ETC. IN CERTAIN COURTS BELOW SUPERIOR COURT LEVEL. No. 1287 (House Bill No. 867). An Act to provide for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior Court level; to provide for determining the courts governed by this Act; to provide for a uniform name for such courts; to provide for court-reporting personnel; to provide that such courts shall keep certain records; to provide for trial by jury and all matters relating thereto; to provide for divisions for such courts; to provide certain qualifications for the judges and solicitors of such courts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act is intended to implement Article VI, Section II, Paragraph IV and VIII of the Constitution of the State of Georgia and to promote the just and prompt disposition of litigation by: Intent. (a) Declaring that all courts coming under the provisions of this Act, whether declared in the specific Act or Acts creating each of said courts or not, shall hereafter be considered and held as like courts to the city courts of Atlanta and Savannah, as same existed on August 16, 1916, as stipulated in said Paragraphs of the Constitution of Georgia; (b) Amending certain laws with respect to the said courts to conform them to the laws set forth in this Act, to the end that each said court may be a harmonious part of the trial courts of the State of Georgia; (c) Providing for the organization, jurisdiction, venue and procedures necessary for the operation of said courts; (d) Providing for the natural support of certain officers of said courts, and for uniformity in the records to be maintained in said courts;

Page 680

(e) Effectuating other purposes incidental and supplemental to the foregoing enumerated purposes; and (f) Repealing provisions of certain laws by implication which are inconsistent with the foregoing purposes. Section 2. The provisions of this Act shall apply to and govern all courts in this State that are below the level of superior courts and have concurrent jurisdiction with superior courts to try misdemeanor cases by a jury trial or have civil jurisdiction unlimited in amount and concurrent with the superior courts in all matters, except those matters which are vested exclusively in the superior courts or have both of the above jurisdictions. In cases involving injury to the person and reputation, such courts shall have concurrent jurisdiction with the Superior Court provided the original Act creating said court and the amendments thereto vested such jurisdiction in said court. Courts covered by Act. Section 3. The name of the above courts shall be the State Court of (whatever county in which the court is located) County. In the Acts creating said courts or amendatory thereof the name of court is hereby stricken if in conflict herewith and the above name substituted therefor. Name of Courts. Section 4. Said courts shall be deemed always open for the disposition of matters properly cognizable by them, but all trials on the merits shall be conducted at trial sessions regularly scheduled by acts of the General Assembly creating said individual courts or amendatory thereof. Courts open at all times. Section 5. All trials on the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other proceedings, hearings, and Acts may be done or conducted by a judge in chambers in the absence of the clerk or other court officials. The judge of said court may hear motions and enter interlocutory orders in all cases pending in the court over which he presides, in open court or in chambers. Hearings. Section 6. (a) Court-reporting personnel shall be made available for the reporting of civil and criminal trials in said

Page 681

courts, subject to the laws governing same in the superior courts of this State. Reporting of trials. (b) Reporting of any trial may be waived by consent of parties. (c) Appointment of a reporter or reporters for court proceedings in each said court shall be made by the judge thereof, and the compensation and allowances of reporters for said courts shall be the same as that for the superior courts of this State. Section 7. The courts shall have jurisdiction within the limits of the county in which they are located concurrent with the superior courts of such counties to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto except in ex delicto action where the original Act creating said court or any amendment thereto limited or excluded said jurisdiction under the common law or by statute. Said courts shall have criminal jurisdiction in the county over all misdemeanor cases, but shall not have any jurisdiction over felony cases. The accused in criminal proceedings in said court shall not have the right to indictment by the grand jury of the county. Jurisdiction. Section 8. The rules of appellate practice and procedure that are applicable to cases appealed from the superior courts of this State shall be the rules which govern appeals from the courts which come under the provisions of this Act. The rules of practice and procedure that are applicable to the superior courts of this State shall be the rules which govern practice and procedure of the courts which come under the provisions of this Act. Practice and procedure. Section 9. The courts shall be courts of record, and shall have a seal, and the minutes, records and other books and files that are required by law to be kept for the superior court shall, in the same manner, so far as the jurisdiction of said courts may render necessary, be kept in and for said courts. Courts of record.

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Section 10. All laws with reference to the qualifications, empaneling, challenging, and compensation of jurors in superior courts now of force or such as may hereinafter be enacted in this State shall apply to and be observed in said courts, except where in conflict with the terms of the Act creating said courts. Jurors. Section 11. (a) Any court coming under the provisions of this Act that has exclusive civil or exclusive criminal jurisdiction shall continue to have such exclusive jurisdiction, but shall be merged into one court and known as the civil or criminal division of the State Court of (whatever county in which the court is located) County. Jurisdiction. (b) Any other court coming under the provisions of this Act may be split into a civil division and a criminal division pursuant to legislation providing for such divisions. (c) Any court coming under the provisions of this Act which is composed of a civil division or criminal division as provided for in subsection (a) or (b), the judges of such courts are hereby authorized to preside over cases in both divisions of the court. Section 12. The judge and solicitor of said courts shall be members of the State Bar of Georgia and shall have been in the active practice of law for at least three years prior to the date of taking office as judge or solicitor. Judges and solicitors. Section 13. The provisions of this Act are not intended to repeal any local Act creating a court which comes within the provisions of this Act. However, in all those cases in which there is a conflict between the provisions of this Act and such local Acts, this Act shall take priority and be controlling. Intent. Section 14. This Act shall become effective July 1, 1970. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

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VOLUNTARY STERILIZATION ACT. No. 1288 (House Bill No. 255). An Act to authorize sterilization of individuals by physicians; to set forth the conditions under which such sterilization is authorized as to consenting persons and as to persons not legally competent; to protect physicians and all persons legally participating in such sterilization from civil liability or criminal prosecution; to allow therapeutic sterilizations in certain circumstances; to allow persons objecting on moral or religious grounds not to participate in sterilization procedures and to relieve them from liability; to repeal an Act creating the State Board of Eugenics and defining the duties of said Board, approved February 23, 1937 (Ga. L. 1937, p. 414); to repeal an Act authorizing sterilization approved March 10, 1966 (Ga. L. 1966, p. 453); to provide for a short title; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as and may be defined as the Voluntary Sterilization Act. Short title. Section 2. It shall be lawful for any physician duly licensed without restriction to practice medicine and surgery pursuant to the provisions of Chapter 84-9 or Chapter 84-12 of the Code of Georgia of 1933, as amended, establishing a State Board of Medical Examiners and providing for the issuance of licenses to practice medicine and acting in collaboration or consultation with at least one (1) other physician also so licensed, and so requested by any person twenty-one (21) years of age or over, or less than twenty-one (21) years of age if legally married, to perform upon such person a sterilization procedure, provided a request in writing is made by such person and by his or her spouse, if married and if such spouse can be found after reasonable effort, and provided, further, that prior to or at the time of such request a full and reasonable medical explanation is given by such physician to such person as to the meaning and consequence of such operation. Voluntary sterilization.

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Section 3. (a) Finding of Need. The General Assembly of Georgia finds that the present laws of Georgia provide no way for the performance of Sterilization Procedures as hereinafter defined upon persons, whether or not twenty-one (21) years of age, who, because of mental retardation, brain damage, or both, are irreversibly and incurably mentally incompetent to the degree that such persons with or without economic aid (charitable or otherwise) from others could not provide care and support for one or more children procreated by them in such a way that such children could reasonably be expected to survive to the age of twenty-one (21) years without suffering or sustaining serious mental or physical harm. Definitions. For all purposes of this section 3, the following words and terms shall have the meanings hereinafter stated: (i) Person Subject to this Section; A person, whether or not twenty-one (21) years of age, who, because of mental retardation, brain damage, or both, is irreversibly and incurably mentally incompetent to the degree that such person, with or without economic aid (charitable or otherwise) from others could not provide care and support for one or more children procreated by such person in such a way that such children could reasonably be expected to survive to the age of twenty-one (21) years without suffering or sustaining serious mental or physical harm, when there has been, according to the procedures of this Section as hereinafter stated, the required findings that the condition of such person is irreversible and incurable; (ii) Physician: A person duly licensed to practice medicine and surgery in Georgia without restriction pursuant to the laws of Georigia; (iii) Accredited Hospital: A hospital licensed by the State Board of Health of Georgia and accredited by the Joint Commission of Accreditation of Hospitals; (iv) Sterilization Procedure: Any procedure or operation performed by a Physician which is designed or intended

Page 685

to prevent conception and which is not designed or intended to unsex the patient by removing the ovaries or testicles. (c) Prerequisites to Performing a Sterilization Procedure on a Person Subject to this Section. A Sterilization Procedure may be performed by a Physician on a Person Subject to this section pursuant to subsection (d) of this section 3 only after satisfaction of all of the following conditions precedent: (i) A petition shall be filed by one or more of the parent or parents or legal guardian or next-of-kin of the person alleged to be subject to this section, or by the Chairman of the State Board of Health, or by the Director of any County Board of Health, or by the Director of the State Department of Family and Children Services (or the County Director of any County Departments thereof) in the court of ordinary in the county of residence of such person alleged to be subject to this section stating the reasons why such person is alleged to be subject to this section and containing the written consent of the parent or parents not filing the petition, if such parents are surviving, can be found after reasonable effort, and are mentally competent, and if no such parent or parents survive, or can be found after reasonable effort, or if such parent or parents are mentally incompetent, the written consent of a guardian ad litem who shall be appointed by the court of ordinary and who shall make investigation and report to the court of ordinary before the hearing shall commence, provided that such guardian ad litem shall be a duly qualified and licensed member of the State Bar of Georgia. (ii) The ordinary shall appoint two (2) Physicians, neither of whom is the Physician who proposes to perform the Sterilization Procedure on the person alleged to be subject to this section and neither of whom is a member of the committee of the Accredited Hospital described in subsection (iii) hereof, who shall make an investigation and report to the court before the hearing shall commence that they have examined the person alleged to be subject to this section and whether or not they find such person to be a Person

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Subject to this section and that the condition of such person is irreversible and incurable in their opinion. (iii) Prior to the hearing on the application, evidence shall be presented to the court that a Sterilization Procedure has been approved for the person alleged to be subject to this section by a committee of the medical staff of the Accredited Hospital in which the operation is to be performed. Such committee shall be one established and maintained in accordance with the standards promulgated by the Joint Commission on the Accreditation of Hospitals, and its approval must be by a majority vote of a membership of not less than three (3) members of the hospital staff, the Physician proposing to perform the Sterilization Procedure on the person alleged to be subject to this section not being counted as a member of the committee for this purpose. The approval of such committee as above specified shall be based upon a finding that the person alleged to be subject to this section and that the condition of such person is irreversible and incurable in the opinion of the majority of the committee as above specified. (iv) After hearing, if the ordinary shall find by a legal preponderance of all of the evidence above specified that the person alleged to be subject to this Section is a Person Subject to this section and that the condition of such person is irreversible and incurable, he shall enter an order and judgment authorizing the Physician to perform such Sterilization Procedure in accordance with the provisions of subsection (d) of this section 3. (v) An appeal to the superior court may be had by the applicant or person alleged to be subject to this Section or any other interested party on such judgment in the court of ordinary as in other cases made and provided by the laws of this State. The proceedings before the superior court shall constitute a trial de novo, and upon application of either party shall be heard before a jury; any decision of the superior court, or of any court, in such cases may be appealed to the higher courts of this State as in other civil cases; the cost of appeal, if any, to the superior and higher courts, shall be taxed as in other civil cases; and the pendency

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of any appeal shall stay the proceedings in the court of ordinary until the appeal be finally determined. Pauper's affidavits regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this State. (vi) The person alleged to be subject to the provisions of this Section shall have the right to counsel at all stages of the proceedings provided for herein. (d) Performance of Sterilization Procedure. After judgment of the court in accordance with the preceding subsections of this section 3 shall have become final to the effect that such Sterilization shall be performed upon such Person Subject to this section, a Sterilization Procedure may be performed by a Physician upon such Person Subject to this section in an Accredited Hospital. Section 4. Wherever used in this Act, the words Sterilization Procedure shall include and authorize the performance by the Physician of any procedure or operation which is designed or intended to prevent conception and which is not designed or intended to unsex the patient by removing ing the ovaries or testicles. Definition. Section 5. No operation under this law shall be performed by any person other than a physician duly licensed without restriction to practice medicine and surgery in this State pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended. Physicians. Section 6. When an operation shall have been performed in compliance with the provisions of this law, no physician duly licensed without restriction to practice medicine and surgery in this State or other person legally participating in the execution of the provisions of this Act shall be liable civilly or to criminal prosecution on account of such operation or participation therein, except in the case of negligence in the performance of said procedures. Nothing in this Act shall be construed so as to require compliance with this Act or to prevent the medical or surgical treatment for sound therapeutic purposes of any person in this State, by a physician

Page 688

duly licensed witout restriction to practice medicine and surgery in this State, which treatment may involve the nullification or destruction of the reproductive functions at the same time that it serves such sound therapeutics purposes. Actions. Section 7. Nothing in this Act shall require a hospital to admit any patient under the provisions hereof for the purpose of performing a Sterilization Procedure, nor shall any hospital be required to appoint a committee such as contemplated under subsection 3(c) (iii). A physician, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital in which a Sterilization Procedure has been authorized, who shall object to such Sterilization Procedure on moral or religious grounds shall not be required to participate in the medical procedures or the committee procedures leading to such Sterilization Procedure, and the refusal of any such person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person. Exemptions. Section 8. Act creating the State Board of Eugenics and defining the duties of said Board, approved February 23, 1937 (Ga. L. 1937, p. 414), as amended, is hereby repealed in its entirety. 1937 Act repealed. Section 9. An Act authorizing sterilization of certain individuals approved March 10, 1966 (Ga. L. 1966, p. 453) is hereby repealed in its entirety. 1966 Act repealed. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

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1912 ACT REQUIRING REPORT OF FEES TO COMPTROLLER GENERAL REPEALED. No. 1289 (House Bill No. 921). An Act to repeal an Act requiring all statehouse officers and officers and appointees of any department of State and county officers who receive fees and compensation other than salary to keep a daily account of such fees and compensation and to make sworn itemized statements with the Comptroller General of the State, approved August 17, 1912 (Ga. L. 1912, p. 109), as amended by an Act approved March 24, 1933 (Ga. L. 1933, p. 97); to repeal conflicting laws; and for other purposes. Whereas, the original Act enacted in 1912 was contemplated as a temporary measure in order to supply the General Assembly with information concerning the compensation of State and county officers so that the General Assembly would have before it sufficient information in order to determine whether or not these officers should be placed upon a salary, or whether or not it would be better to continue them on a fee basis; and Whereas, the Attorney General of the State of Georgia on October 20, 1947, stated in an official opinion that the Act of 1912 requiring officers on a fee basis to file quarterly itemized statements with the Comptroller General and requiring him to have such information available at the next session of the General Assembly was of temporary duration and is no longer in force; and Whereas, the original Act of 1912 was codified in the Code of 1933; and Whereas, this was an error inasmuch as the codifiers had no authority to originate new matter for legislative sanction; and Whereas, the amendatory Act of 1933 was an attempt to amend a nonexisting Act; and

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Whereas, it is desirable for the General Assembly to remove said Act and the attempted amendatory Act thereof from the statute books by specifically repealing them. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. An Act requiring all statehouse officers and officers and appointees of any department of State and county officers who receive fees and compensation other than salary to keep a daily account of such fees and compensation and to make sworn itemized statements with the Comptroller General of the State, approved August 17, 1912 (Ga. L. 1912, p. 109), as amended by an Act approved March 24, 1933 (Ga. L. 1933, p. 97), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. CRIMESGAMBLING. Code 26-2702 Amended. No. 1290 (House Bill No. 1049). An Act to amend Code section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2702, relating to gambling, is hereby amended by adding after the word candidate, the following:

Page 691

; or (c) plays and bets for money or other thing of value at any game played with cards, dice or balls, so that when so amended, Code section 26-2702 shall read as follows: 26-2702. Gambling. A person commits gambling when he: (a) makes a bet upon the partial or final result of any game or contest or upon the performance of any participant in such game or contest; or (b) makes a bet upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or (c) plays and bets for money or other thing of value at any game played with cards, dice or balls. A person convicted of gambling shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. PRACTICE AND PROCEDUREREMITTITUR FROM SUPREME COURT IN DEATH SENTENCE CASES. No. 1291 (House Bill No. 1062). An Act to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of decision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of the court's decision.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. CRIMINAL PROCEDURECREDIT FOR TIME SPENT AWAITING TRIAL. No. 1292 (House Bill No. 1067). An Act to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be considered by parole authorities; to provide exceptions; to clarify that this Act applies to all courts having criminal jurisdiction, except juvenile courts; to require the custodian of the defendant to furnish the clerk of the superior court with an affidavit specifying the number of days the defendant has spent in jail prior to trial if the defendant is convicted; to provide that the Board of Corrections shall give the defendant credit for each day spent in jail prior to his conviction and sentence; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each criminal defendant convicted of a crime in this State shall be given full credit for each day spent in confinement awaiting trial; such credit shall be applied toward the convicted defendant's sentence and shall also be considered by parole authorities when determining the eligibility for parole. Section 2. The provisions of Section 1 shall apply to sentences for all crimes, whether classified as violations, misdemeanors or felonies, and to all courts having criminal jurisdiction located within the boundaries of Georgia, except juvenile courts.

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Section 3. The custodian of the defendant shall be required to make an affidavit specifying the number of days which the defendant has spent in jail prior to trial and furnish such affidavit to the clerk of the court within five days after sentence is imposed if the defendant is convicted. The affidavit of the custodian of the defendant shall be made a part of the official record of the trial. The clerk of the court shall transmit a copy of the custodian's affidavit to the State Board of Corrections, when applicable. The Board of Corrections shall give the defendant credit for each day he spent in jail prior to his conviction and sentence before forwarding the record to the Board of Pardons and Paroles. Section 4. Where the defendant has been sentenced to the custody of an official other than the Board of Corrections, the clerk shall transmit the custodian's affidavit to the proper authority who shall give the defendant credit for each day the defendant spent in jail prior to conviction and sentence. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. RECORDS, ETC. OF DEALERS IN JUNK METALS. No. 1293 (House Bill No. 1091). An Act to amend an Act requiring dealers in junk or metals purchasing copper wire or cable to keep certain information, approved April 14, 1967 (Ga. L. 1967, p. 603), so as to define the words dealers in junk or metals; to change the information required to be kept by dealers in junk or metals; to require that said dealers keep segregated and in original condition all copper wire and cable purchased for a certain period from the purchase thereof; to require that said dealers allow certain inspections of such information; 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 requiring dealers in junk or metals purchasing copper wire or cable to keep certain information, approved April 14, 1967 (Ga. L. 1967, p. 603), 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) Definitions. The words `dealers in junk or metals', when used in this Act, for the purpose of this Act, shall mean any person, corporation, partnership, or other entity who owns, leases, operates or otherwise maintains facilities for processing, or for reprocessing other than by hand tools, or who buys, sells, or in any way deals in any used or discarded metal material or article. (b) Every dealer in junk or metals shall keep a register, which shall contain the following information, in connection with the purchase by such dealer of any quantity of copper wire or cable: (1) The name of the person or other entity from whom the copper is purchased; (2) The residence or place of business of such person or entity; (3) Identification of such person or entity; including driver's license number or vehicle license plate number. (4) The name and address of the person or other entity from whom the copper wire or cable was acquired by the person or other entity selling the copper wire or cable to the dealer in junk or metals; (5) A full description of each purchase of copper wire or cable by the dealer in junk or metals, including the quantity by weight thereof. (c) The register required pursuant to the provisions of this Act shall be retained by such dealer for a minimum of two years following the date of recording a purchase therein.

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(d) For a period of five (5) business days, excluding Saturdays, Sundays and legal holidays, after the purchase or receipt of copper wire or cable, each dealer in junk or metals shall keep segregated and shall retain upon his premises all such copper wire or cable purchased or received by him, and he shall not alter the original form, shape, or condition of such copper wire or cable unitl said time shall have elapsed. (e) Each dealer in junk or metals shall make the register required by section 1(b) of this Act available for inspection by any federal, state, county, or local law enforcement officer at any reasonable time and place required by such officer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. REGISTRATION, ETC. OF LOBBYISTS. Code Chapter 47-10 Amended. Code 92-508 Repealed. No. 1294 (House Bill No. 1210). An Act to amend Code Chapter 47-10, relating to lobbying, so as to change the provisions relating to registration with the Secretary of State; to change the provisions relating to persons required to register; to provide that the Secretary of State shall issue identification cards to such persons; to provide for a registration fee; to require such persons to carry such identification cards while in the State Capitol during sessions of the General Assembly; to provide for reports to the General Assembly; to provide that it shall be the duty of members of the General Assembly to bring violations to the attention of the

Page 696

respective Rules Committees and that the Chairman of said Committees shall report violations to appropriate officials; to provide that the foregoing provisions shall not apply to certain persons; to delete the requirement for the reporting of certain expenses; to change the provisions relating to persons excluded from halls; to provide for a penalty; to repeal Code section 92-503, relating to tax of persons required to register with the Secretary of State pursuant to Code section 47-1002; 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. Code Chapter 47-10, relating to lobbying, is hereby amended by striking in its entirety Code section 47-1002, relating to the registration of attorneys and agents of parties interested in legislation and inserting in lieu thereof a new Code section 47-1002 to read as follows: 47-1002. Registration with Secretary of State. (a) Every person representing, with or without compensation, any person, firm, corporation, association or organization for the purpose of aiding or opposing, directly or indirectly, the enactment of a bill, or bills, resolution or resolutions, by either House of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name, or names of the person, or persons, firm, or firms, corporation, or corporations, association, or associations, organization, or organizations, he represents. This registration shall be valid for only one regular or extraordinary session of the legislature. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to promptly enter therein the names of the parties appearing, and on whose behalf they appear, which docket shall be open to inspection. (b) Each person registering with the Secretary of State shall pay to him a registration fee of five ($5.00) dollars. As soon as practical after registering any such person, the

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Secretary of State shall issue to him an identification card which shall have printed thereof the name of the registered party and the person, firm, corporation, association, or organization he represents; provided, that when any such person represents more than one person, firm, corporation, association or organization, such identification card shall have printed thereon the name of the registered party and the words, REGISTERED AGENT. Any such person while in the State Capitol, during such times as the General Assembly shall be in session, shall have said identification on his person and shall make it available for inspection by all legislators who shall request it of him. At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each House of the General Assembly those persons along with the respective persons, firms, corporations or associations they represent who have registered with him. During sessions of the General Assembly, the Secretary of State shall periodically report to each House those persons who have registered with him since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journals of each House. All members of the House and Senate shall have the responsibility of bringing to the attention of the Rules Committee of each respective House violations of this Section and Chapter, and the Chairmen of the respective Rules Committees shall have the responsibility of reporting such violations to appropriate officials. (c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either House of the General Assembly. (d) The provisions of subsections (a) and (b) of this section shall not be construed to apply to any person who appears before a committee of either or both Houses of the General Assembly for the purpose of expressing his views or giving testimony when such person is not otherwise required to comply with the provisions of subsections (a) and (b) of this section.

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Section 2. Said Code Chapter is further amended by striking in their entirety Code section 47-1004, relating to reports of expenses which must be filed with the Secretary of State, and Code section 47-1005, relating to attorneys and agents excluded from halls, and inserting in lieu thereof one Code section to be designated Code section 47-1004 and to read as follows: 47-1004. Persons excluded from halls. It shall be unlawful for any person registered pursuant to the requirements of Code section 47-1002, or any other person, except as authorized by the rules of the House or Senate, to go upon the floor of either House of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly. Section 3. Said Code Chapter is further amended by striking in its entirety Code section 47-1006 and inserting in lieu thereof a new Code section to be designated Code section 47-1005 to read as follows: 47-1005. Punishment. Any person who fails to comply with or violates any of the provisions of Code section 47-1002, 47-1003 and 47-1004 shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4. Code section 92-508, relating to the taxation of persons required to register with the Secretary of State pursuant to Code section 47-1002, is hereby repealed in its entirety. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

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MOTOR VEHICLESSPECIAL LICENSE TAGS FOR OPERATORS OF AMATEUR RADIO STATIONS. No. 1295 (House Bill No. 1245). An Act to amend an Act providing for issuance of special license tags to motor vehicle owners who operate amateur radio stations, approved February 21, 1951 (Ga. L. 1951, p. 653), so as to provide that 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 issuance of special license tags to motor vehicle owners who operate amateur radio stations, approved February 21, 1951 (Ga. L. 1951, p. 653), 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. Owners of motor vehicles who are residents of the State of Georgia, and who hold an unrevoked and unexpired official amateur 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 amateur 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 March 24, 1970.

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GEORGIA INSURERS INSOLVENCY POOL ACT. No. 1296 (House Bill No. 1251). An Act to create the Georgia Insurers Insolvency Pool which will provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obligations; to provide for the operation and regulation of said pool; to provide for the payment of claims against said pool; 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. Title. This Act shall be known and may be cited as the Georgia Insurance Insolvency Pool Act. Section 2. Purpose. The purpose of this Act is to provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obligations. To this end, there is hereby created the Georgia Insurers Insolvency Pool which shall consist of three accounts: (1) Workmen's Compensation account; (2) Automobile account; and (3) all other covered insurance account. The Pool shall be responsible (a) for the investigation, adjustment, compromise, settlement and payment of covered claims; (b) for the investigation, handling and denial of non-covered claims; and (c) for the management and investment of funds administered by the Pool. The members of the Pool shall be responsible (a) for the payment of assessments levied pursuant to Section 8; (b) for adherence to the rules of the plan approved pursuant to Section 7; and (c) other obligations imposed by this Act. Section 3. Definitions. (a) Insurer or Company means any corporation or organization licensed to engage in the writing of property or casualty insurance policies in this State, including the exchanging of reciprocal or inter-insurance

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contracts between individuals, partnerships and corporations, except farmers, county, and municipal assessment mutual insurers. (b) Property and casualty insurance policies or policy means any contract, including endorsements thereto and without regard to the nature or form of the contract or endorsement, which provide coverages as enumerated in Code Sections 56-405 and 56-408, except: (1) Life insurance and annuities (being that class of insurance referred to in Code Section 56-402). (2) Accident and health insurance except where written as part of an automobile insurance contract (being that class of insurance referred to in Code Section 56-404). (3) Title insurance (being that class of insurance referred to in Code Section 56-410). (4) Credit life insurance (being that class of insurance referred to in Code Section 56-3302 (1)). (5) Credit insurance (being that class of insurance referred to in Code Section 56-4508 (8)). (c) Net direct written premiums means direct gross premiums written on property or casualty insurance policies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. Premiums written by any authorized insurer on policies issued to self-insurers, whether or not designated as reinsurance contracts, shall be deemed net direct written premiums. (d) Commissioner means the Insurance Commissioner of this State. (e) Insolvency Pool or Pool means the Insurers Insolvency Pool established pursuant to Section 7 of this Act. (f) (1) Covered claims means a claim which:

Page 702

(a) Arises out of a property or casualty insurance policy issued by an insurer which was authorized to do an insurance business in this State either at the time the policy was issued or when the insured event occurred; and (b) Is within any of the classes of claims under subsection (2) below. (2) A claim shall not be paid unless it arises out of an insurable event under a property or casualty insurance policy and it is: (a) An unearned premium claim of a policyholder, who at the time of the insolvency was a resident of this State; or (b) An unearned premium claim of a policyholder under a policy affording coverage for property permanently situated in this State; or (c) The claim of a policyholder or insured, who at the time of the insured event was a resident of this State; or (d) The claim of a person having an insurable interest in or related to property which was permanently situated in this State; or (e) A claim under a liability or workmen's compensation insurance policy when either the insured or third party claimant was a resident of this State at the time of the insured event. (3) A covered claim shall not include any claim in an amount of $100 or less, nor the first $100 of any claim in excess of that amount. (4) A covered claim shall not include that portion of any first party claim which is in excess of the applicable limits provided in the policy or $50,000.00, whichever is less. (5) A covered claim shall not include that portion of any third party claim, other than a workmen's compensation

Page 703

claim, which is in excess of the applicable limits provided in the policy or $50,000.00, whichever is less. (6) A covered claim shall not include any obligation to insurers, insurance pools, underwriting associations or any person which has a net worth greater than $1,000,000 at the time of the insured event. (g) Insolvent insurer means an insurer which was licensed to issue property or casualty insurance policies in this State until determined insolvent by a court of competent jurisdiction of the insurer's domiciliary state, and which adjudication was subsequent to the effective date of this Act. (h)Affiliate or affiliates means any enterprise related directly or indirectly to the insurance activities of the insurer. Section 4. Property and Casualty Insurers Subject to Act. Every insurer authorized on or after the effective date of this Act to write property or casualty insurance policies in this State shall be a member of the Insolvency Pool and shall be liable for assessments pursuant to Section 8 of this Act and shall also be responsible for the other obligations imposed pursuant to this Act. Section 5. Determination of Insolvency; Notice of Insolvency. Upon the determination of a court of competent jurisdiction of the State of domicile of an insurer that such insurer is insolvent, the Commissioner of this State shall promptly give notice thereof, by first class mail, to: (a) all persons known or reasonably expected to have or be interested in claims against the insurer, at such person's last known address; (b) all insureds of the insolvent insurer known to the Commissioner at such insured's last known address and (c) all insurers subject to this Act. The Commissioner may also require each agent of the insolvent insurer to give prompt written notice, by first class mail, at the insured's last known address, to each insured of the insolvent insurer for whom he was agent of record. Notice shall also be given by publication in a newspaper of general

Page 704

circulation published in the county where the insurer had its principal office, not less than once per week, for four weeks, and by publication elsewhere in this State as the court may direct. Section 6. Obligations of the Insolvency Pool. In the event of the determination of insolvency of a licensed insurer after the effective date of this Act, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, and for a period of (a) 30 days from the date of such determination, or until (b) policy expiration date if less than said thirty days, or until (c) such policy has been replaced by the insured within said thirty days, become the obligation of the Pool. The Pool shall be deemed to be the insurer for such period with respect and to the extent of such claims with all the rights, duties and obligations of the insolvent insurer, and the Pool is hereby authorized to investigate, adjust, compromise and settle covered claims, or to investigate, handle and deny non-covered claims. Section 7. Creation of Insurer's Insolvency Pool by Plan. (a) There is hereby created the Georgia Insurers' Insolvency Pool, a not for profit legal entity with the right to sue and be sued. The Pool shall adopt, and the Commissioner shall approve, a reasonable plan, not inconsistent with the provisions of this Act, fair to insurers and equitable to their policyholders, pursuant to which all admitted insurers become members of the Pool. All members of the Pool shall adhere to the rules of the Plan. (b) If, for any reason, the Pool fails to adopt a suitable Plan within six months following the effective date of this Act, or if at any time thereafter the Pool fails to adopt necessary amendments to the Plan, the Commissioner shall adopt and promulgate, after hearing, such reasonable rules as are necessary to effectuate the provisions of this Act. Such rules shall continue in force until modified by the Commissioner or superseded by a plan of operation adopted by the Pool and approved by the Commissioner.

Page 705

(c) In accordance with the Plan, the Pool may designate insurers to act on behalf of the Pool to carry out the purposes of this Act, but a member may decline such designation. The Commissioner may disapprove such designation. The Plan may provide a procedure under which pending claims or judgments against the insolvent insurer, or its insureds, are assigned to the member companies designated to act for the Pool. The assignee-insurer is hereby authorized to appear and defend a claim in a court of competent jurisdiction or otherwise and to investigate, adjust, compromise and settle a covered claim or to investigate, handle and deny a non-covered claim, and do so on behalf of and in the name of the Pool. If an assignee-insurer pays the covered claim it shall be reimbursed by the Pool or be entitled to set off said payment against future assessments. The unreimbursed claim of such an insurer against the Pool shall be an admitted asset of the insurer. Insureds entitled to protection of this Act shall cooperate with the Pool and the assignee-insurer. (d) The Pool shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out. The Pool shall be subrogated to the rights of any insured or claimant, to the extent of a covered claim, to participate in the distribution of assets of the insolvent insurer to the extent that the Pool has made payment. Any claimant or insured entitled to the benefits of this Act shall be deemed to have assigned to the Pool, to the extent of any payment received, his rights against the estate of the insolvent insurer. The Pool shall receive the benefit of any reinsurance contracts or treaties entered into by the insolvent insurer which cover any of the liabilities insured by the insolvent insurer with respect to covered claims. After determination of insolvency of any insurer, the Pool shall be a party in interest in all proceedings involving policies insured or assumed by the Pool with the same rights to receive notice and defend, appeal and review as the insolvent insurer would have had if solvent. All moneys recovered under this section or any other section shall be added to the assessments collected under Section 8. Section 8. Assessments. (a) For the purposes of administration and assessment under this Section, the Pool shall

Page 706

be divided into three separate accounts: (1) Workmen's Compensation Insurance account; (2) Automobile Insurance account; and (3) all other covered insurance account. Separate assessment shall be made for each account. No assessment shall be levied for any account as long as the assets held in such account are sufficient to cover all estimated payments for liquidation in process under the account. (b) To the extent necessary to secure the funds for the respective accounts of the Pool for the payment of covered claims and also to pay the reasonable costs to administer the Pool, the Commissioner, upon certification of the Pool, shall levy assessments in the proportion that each insurer's net direct written premiums in this State in the classes protected by the account bears to the total of said net direct written premiums received in this State by all such insurers for the preceding calendar year for the kinds of insurance included within such account. Assessments shall be remitted to and administered by the Pool in the manner specified by the approved Plan. Each insurer so assessed shall have at least thirty days written notice as to the date of the assessment is due and payable. Every assessment shall be made as a uniform percentage applicable to the net direct written premiums of each insurer in the kinds of insurance included within the account in which the assessment is made. The assessments levied against any insurer shall not exceed in any one year more than 1% of that insurer's net direct written premiums in this State for the kinds of insurance included within such account during the calendar year next preceding the date of such assessments. If sufficient funds from such assessments, together with funds previously raised, are not available in any one year in the respective account to make all the payments or reimbursements then owing to insurers designated to act for the Pool, the funds available shall be pro-rated and the unpaid portion shall be paid as soon thereafter as funds become available. Assessments shall be included as an appropirate factor in the making of rates. (c) The Pool may exempt any insurer from an assessment if an assesment by the Pool would result in such insurer's financial statement reflecting an amount of capital

Page 707

or surplus less than the sum of the minimum amount required by any jurisdiction in which the insurer is authorized to transact insurance. (d) Any necessary and proper expenses incurred by an insurer in the investigation, adjustment, compromise, settlement, denial or handling of claims assigned to it shall, upon proper verification under the rules of the Pool, entitle the insurer to reimbursement. Any insurer whose employee serves on the staff of the Pool may set off from its assessment any necessary and proper expenses incurred by the insurer resulting from said service of its employee. An insurer which ceases to engage in the business of writing property or casualty insurance policies in this State shall have no right to a refund of any assessment previously remitted to the Pool. Section 9. Procedure to Determine Covered Claims. Except for (a) voluntary settlements or compromises between a claimant and an assignee-insurer (on behalf of the Pool), or (b) a final judgment, other than a default judgment, against the insured or insurer in a court of competent jurisdiction rendered prior to the determination of insolvency of the insurer, the proof and allowance of a covered claim shall be governed by Code Sections 56-1404 and 56-1405. Section 10. Paid Claims as Proper Claims Against Insolvent Estate. As respects insolvent insurers incorporated in this State, the receiver, liquidator or statutory successor shall allow as a proper claim on the assets of the insolvent company amounts paid under the provisions of this Act by or on behalf of the Pool on or with respect to covered claims, and any statute of this State relating to the rights and duties of such receiver, liquidator or statutory successor is deemed amended to so provide. As a condition of an insurer doing business in this State, all property and casualty insurance policies issued or renewed on or after the effective date of this Act shall be deemed to provide that the insurer appoints the Pool as its agent as respects investigation, adjustment, compromise and settlement of covered claims and to reimburse the Pool for any payment made under the terms of this Act, and that such appointment and obligation

Page 708

shall be binding on any receiver, liquidator or statutory successor appointed to liquidate or wind up its affairs. Section 11. Other Insurance. Any person (including any individual, partnership, association or corporation) having a claim against his insurer under any insolvency provision contained in his insurance policy, which claim arises out of the insolvency of a participating insurer, shall be required to exhaust first his rights under such policy and his rights to recover such claim under the provisions of this Act shall be reduced accordingly. Any amount paid a claimant in excess of the amount authorized by this Act may be recovered by action brought by or on behalf of the Pool. Section 12. Duties of Commissioner. The Commissioner shall sue for and recover, on behalf of the Pool any assessment not paid when due. He may, after notice and hearing, revoke the certificate of authority to transact business in this State of an insurer, a member of the Pool, which (a) shall fail to pay an assessment when due as provided in this Act and after demand having been made, or (b) otherwise fails to comply with the plan as approved pursuant to Section 7 of this Act. Any action taken by the Commissioner shall be subject to judicial review as provided in Code Sections 56-225, 56-226 and 56-227. Section 13. Insolvency Pool Subject to Examination. The Pool shall be deemed a company or insurer within the scope of Code Section 56-208 relating to examinations. Section 14. Insolvency Pool; Limitation on Taxability. The Pool shall be exempt from all license fees, income, franchise, privilege, occupation or other taxes levied or assessed by the State, any municipality, county or other political subdivision of the State, except State, county, or municipal taxes upon the real or personal property of the Pool, which is to be assessed and taxed in the same manner as real property and personal property of other non-exempt persons. Section 15. Insurers Solvency Board; Organization and Powers. (a) There shall be in the Insurance Department an Insurers Solvency Board which shall consist of seven members.

Page 709

The Insurance Commissioner shall be a member of the Board and shall be its chairman and chief executive. The remaining six members, who shall not be considered employees of the Insurance Department, shall be appointed as follows: (1) The Commissioner shall compile a list of the three stock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under Section 8, and he shall also compile a list of the three non-stock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under said Section 8. The Commissioner shall solicit from the said eighteen insurers the names of eighteen individuals as nominees for members to the Insurers Solvency Board. Persons who are nominated for the Board shall reside in this State. The Commissioner shall thereupon certify said nominations in writing separately for stock and non-stock insurers and separately for each account. (2) From the nominations so certified for each such account, the Commissioner shall appoint one stock member and one non-stock member. (3) Any member may be removed from office by the Commissioner when, in his judgment, the public interest may so require. (4) Each member so appointed shall serve for a term of three years and until his successor has been appointed and qualified, and in case of a vacancy for any reason in the office of any such member, the Commissioner shall appoint a member to fill the unexpired term of such vacant office from the nominations as heretofore described. Actual expenses of the members of the Insurers Solvency Board, incurred in attending meetings, shall be paid out of the assets of the Georgia Insurers Insolvency Pool. The Insurers Solvency Board shall hold its regular meetings at such time and places as shall be fixed by the Board. The Board shall meet at any time, on call of the Insurance Commissioner. The Commissioner shall call a meeting, upon not

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less than two days notice, upon the written request of any two members of the Board. The Board may by resolution provide for a shorter notice of a meeting by telegraph, telephone or otherwise. The Board shall keep a record of all its proceedings and shall appoint a secretary and such other officers as it deems necessary, who need not be members of the Board. For the purpose of considering questions before it, the Board shall have access to all the books, records, reports and papers in the department, including all confidential communications, and the members of the Board shall hold such communications as confidential. (b) The Insurers Solvency Board may have power, by affirmative vote of four of its members, to recommend that the Commissioner examine, without previous advance notice, the assets, conditions and affairs of any insurer when the Board believes that said insurer's further transaction of business may be hazardous to its policyholders or to its creditors, or to the public. The expenses thereof shall be borne by the Georgia Insurers Insolvency Pool. Said examination may extend to general agencies, management entities or affiliates of said companies with respect to matters affecting said companies. Said report of examination shall be held confidential until a hearing shall have been held or waived, pursuant to Code Section 56-211. A refusal by a company, a general agent, a management entity or affiliate of a company to submit its books, papers, accounts, records or affairs to such examination shall be so reported to the Commissioner and shall constitute grounds for suspension, rehabilitation, liquidation or conservation of the insurer within the purview of the applicable laws of this State for the license revocation of the agent, as the case may be. The Board may also so examine the affairs of such an insurer after formal adjudication of insolvency to assist in the conservation of assets, and said Board shall furnish its report to the Commissioner and also the Georgia Insurers Insolvency Pool. (c) The Insurers Solvency Board shall have power by an affirmative vote for four of its members to make recommendations

Page 711

to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of companies or persons engaged in the business of writing property or casualty insurance policies in this State. (d) Reports and recommendations under this Section shall not be considered public documents. There shall be no liability on the part of, and no cause of action shall arise against, member insurers, the Pool or their agents or employees, the Governor, the Commissioner or his authorized representatives, for any statements made by them in any reports or recommendations made hereunder. Section 16. Non-Duplication of Recovery. It is not the purpose of this Act to provide or permit duplicate recoveries of covered claims under this Act and an insolvency fund or its equivalent of any other state. In the construction and application of this Act with respect to a covered claim which may be recoverable under this Act and under an insolvency fund or its equivalent in another state, the sole recovery (a) with respect to a workmen's compensation claim, shall be under the insolvency fund or its equivalent of the state of residence of the claimant; (b) with respect to a first party claim of an insured for damage to or destruction of property with a permanent location, shall be under the insolvency fund of its equivalent of the state where such property is permanently situated; (c) with respect to any other covered claim, shall be under the insolvency fund or its equivalent of the state of residence of the insured. Section 17. Termination, Distribution of Fund. (a) The Commissioner shall by order terminate the operation of the Georgia Insurers Insolvency Pool as to any kind of insurance afforded by property or casualty insurance policies with respect to which he has found, after hearing, that there is in effect a statutory or voluntary plan which: (1) is a permanent plan which is adequately funded or for which adequate funding is provided; and (2) extends, or will extend to the Georgia policyholders and residents protection and benefits with respect to insolvent

Page 712

insurers not substantially less favorable and effective to such policyholders and residents and the protection and benefits provided with respect to such kind of insurance under this Act. (b) The Commissioner shall by the same such order authorize discontinuance of future payments by insurers to the Georgia Insurers Insolvency Pool with respect to the same kinds of insurance; provided, that assessments and payments shall continue, as necessary, to liquidate covered claims of insurers adjudged insolvent prior to said order and the related expenses not covered by such other plan. (c) In the event the operation of any account of the Georgia Insurers Insolvency Pool shall be so terminated as to all kinds of insurance otherwise within its scope, the Pool as soon as possible thereafter shall distribute the balance of moneys and assets remaining in said account (after discharge of the functions of the Pool with respect to prior insurer insolvencies not covered by such other plan, together with related expenses) to the insurers which are then writing in this State policies of the kinds of insurance covered by such account, and which had made payments into such account, pro-rata upon the basis of the aggregate of such payments made by the respective insurers to such account during the period of five years next preceding the date of such order. Upon completion of such distribution with respect to all of the accounts specified in Section 8, this Act shall be deemed to have expired. Section 18. This Act shall become effective July 1, 1970. Effective date. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

Page 713

STATE PROPERTIES CONTROL CODE AMENDED. Code 91-104A.2 Enacted. No. 1297 (House Bill No. 1324). An Act to amend the State Properties Control Code, approved February 21, 1964 [Ga. L. 1964, pp. 146-158, (Chapter 91-1A of the Code of Georgia)], as amended, so as to create a new section of the State Properties Control Code which said new section shall be designated, entitled and known as section 91-104A.-2 Procedure that shall be followed by the State Properties Control Commission when the Commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any and all property not included within the definition of property as defined in section 91-102A.(d) of the State Properties Control Code, and which said new section shall establish the procedure that shall be followed by the State Properties Control Commission when the Commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any and all property not included within the definition of property as defined in section 91-102A.(d) of the State Properties Control Code; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it generally enacted by the General Assembly of Georgia that the State Properties Control Code, approved February 21, 1964 [Ga. L. 1964, pp. 146-158, (Chapter 91-1A of the Code of Georgia)], as amended, is hereby further amended so as to create a new section of the State Properties Control Code which said new section shall be designated, entitled and known as section 91-104A.-2 Procedure that shall be followed by the State Properties Control Commission when the Commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any and all property not included within the definition of property as defined in section 91-102A.(d) of the State Properties Control Code, and which said new section shall be as follows:

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Section 1. Section 91-104A.-2 Procedure that shall be followed by the State Properties Control Commission when theh Commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any and all property not included within the definition of property as defined in section 91-102A.(d) of the State Properties Control Code. (a) Disposition Of Or Sale Of Any Such Property. Notwithstanding any other prior provision of law to the contrary, the State Properties Control Commission, when directed by the General Assembly of Georgia to dispose of or sell any such property: (i) shall prepare in advance of advertising for public bids for the disposition of or sale of any such property a thorough report of such data as will enable the State Properties Control Commission to arrive at a fair valuation of the property; and the State Properties Control Commission shall secure and include within such report at least two written appraisals of the fair market value of such property which said appraisal shall be made by persons familiar with property values in the area where such property is situated: Provided, however, that in the case of property having a fair market value in excess of $50,000.00, one of such appraisals shall be made by an appraiser who is a member of a nationally recognized appraisal institute or organization; and (ii) shall carry out the disposition of or sale of any such property upon competitive public bidding and the invitation for bids shall be advertised at least once a week for four consecutive weeks in: (1) one or more newspapers of general circulation in the county or counties where the property to be bid upon is situated, and (2) one or more legal organs in Fulton County, Georgia. Prior to such advertising, the State Properties Control Commission shall prepare a proposed form of conveyance and other appropriate instructions which shall be furnished to prospective bidders under such conditions as the State

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Properties Control Commission may prescribe; and (iii) each such bid shall be submitted under seal to the secretary of the State Properties Control Commission and shall be accompanied by a bid bond or other security as may be prescribed by the State Properties Control Commission in the instructions to bidders. All bids shall be opened in public at the time specified in the invitation for bids and the State Properties Control Commission shall formally determine the highest responsible bidder, however, the State Properties Control Commission shall have the right to reject any or all bids and to waive informalities in bidding; and (iv) if the State Properties Control Commission formally determines the highest responsible bidder, the State Properties Control Commission shall prepare the conveyance which shall be executed by the chairman of the State Properties Control Commission and attested to by the secretary of the State Properties Control Commission and delivered, upon receipt of payment therefore, to said highest responsible bidder. (b) Leasing Of Any Such Property: Notwithstanding any other prior provision of law to the contrary, the State Properties Control Commission, when directed by the General Assembly of Georgia to lease any such property, shall handle such property as though the property were specifically included within the definition of the word property as defined in section 91-102A.(d) of the State Property Control Code and shall particularly follow the appraisal, advertisement, public competitive bidding, General Assembly adoption and execution procedures set forth in section 91-104A. and section 9-109A. of this State Properties Control Code. Section 2. The provisions of this Act shall become effective upon its approval by the Governor of Georgia or upon its becoming law without the approval of the Governor of Georgia. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 24, 1970.

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ASSISTANT DISTRICT ATTORNEYS IN CIRCUITS HAVING MORE THAN ONE JUDGE OF SUPERIOR COURT. No. 1298 (House Bill No. 1359). An Act to provide that in each judicial circuit having more than one superior court judge the district attorney shall be authorized to appoint as many assistant district attorneys as there are superior court judges in excess of one with the approval of the governing authorities of all of the counties comprising the judicial circuit; to provide that each such assistant district attorney shall be compensated $12,500.00 per annum from State funds, with such additional local supplement as may be agreed upon by the counties within the judicial circuit; to provide that nothing herein shall be construed to preclude any district attorney from employing additional assistant district attorneys to be compensated from funds other than State funds; to provide that when computing the number of superior court judges in a judicial circuit, superior court judges emeritus shall not be counted; to provide for appointments, qualifications and authorities of assistant district attorneys; to prohibit said assistant district attorneys from engaging in the private practice of law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) In each judicial circuit having more than one superior court judge, the district attorney shall be authorized to appoint as many assistant district attorneys as there are superior court judges in excess of one with the approval of the governing authorities of all of the counties comprising the judicial circuit, which assistant district attorneys shall each be compensated $12,500.00 per annum from State funds, in equal monthly installments, by the State Treasurer, upon his being presented certification from the chief or presiding judge of the judicial circuit as to the employment of each such assistant district attorney. Appointment, salary, etc.

Page 717

(b) The counties of each judicial circuit may supplement the salary provided in subsection (a). (c) When computing the number of superior court judges in a judicial circuit, superior court judges emeritus shall not be counted. (d) Nothing herein shall be construed to preclude any district attorney from employing as many assistant district attorneys as he is otherwise authorized to employ, but only the number of assistant district attorneys as provided for in subsection (a) shall be compensated from State funds, nor shall anything contained herein prohibit any district attorney who is not otherwise provided an Assistant District Attorney under this Act from appointing an assistant district attorney from time to time so long as such assistant district attorney is compensated only from the funds of the district attorney, or of the counties comprising the Judicial Circuit. Section 2. Each assistant district attorney provided for in section 1 shall serve at the pleasure of the district attorney and he shall possess the qualifications provided for in Code section 24-2901, as amended, and shall not engage in the private practice of law. Qualifications, etc. Section 3. Each assistant district attorney provided for in section 1 shall have such authority, powers and duties as are given or assigned by the district attorney of the judicial circuit. Duties, etc. Section 4. This Act shall become effective when it is approved by the Governor or when it may otherwise become law. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

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GEORGIA SECURITIES LAW AMENDEDEXEMPT TRANSACTIONS Code Title 97 Amended. No. 1306 (House Bill No. 1504). An Act to amend Georgia Laws 1957 pages 134, 150 as amended known as the Georgia Securities Law (Georgia Code 1933, Title 97) Securities as amended by Georgia Laws 1963, pages 557, 560, by amending section 6 subsection (j) defining Exempt Transactions by adding thereto a sentence so as to provide that the exemption regarding sales to not more than twenty-five persons as therein defined and stated shall be on a cumulative twelve month basis, and by amending said subsection 6 (j) so as to provide that a fee shall accompany each application requesting an exemption; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That Georgia Laws 1957, pages 134-150 as amended by Georgia Laws 1963, page 560, and known as the Georgia Securities Law (Georgia Code 1933, Chapter 97) as amended be further amended by amending section 6, subsection (j) as stated in Georgia Laws 1963 at page 560 by adding a sentence at the end of such subsection which shall read as follows: Even though other requests under this subsection have been approved involving the same class of securities within the preceding twelve months, the commissioner shall approve such additional request under this subsection if he finds that the other requirements herein stated have been met, provided he determines that the total requests under this subsection within the immediately previous twelve month period, including the current request, shall have involved sales pursuant to offers directed to a number not in excess of 25 persons., so that said subsection (j), after it has been so amended, will read as follows:

Page 719

(j) The sale of securities by or on behalf of an issuer, pursuant to offers directed to not in excess of 25 persons, not including sales to persons named in any other subsection of this section which are otherwise exempt: Provided, however, that such securities are purchased for investment and not for distribution and that no other request submitted under this subsection shall have been approved involving the same class of such securities within the preceding 12 months. An issuer of securities desiring to obtain an exemption of a sale under this subsection shall make a written request to the commissioner that such sale be exempted and shall accompany said request with an affidavit from each proposed purchaser bearing his signature and stating that he intends to buy.....(number of shares) shares of.....(type of stock) from.....(name of issuer) at the price of.....per share and that he intends to purchase the said securities for investment purposes, and does not intend to resell the same for 12 months. A filing fee of $15.00 shall accompany each application requesting an exemption under this subsection. The commissioner is authorized to require from said issuer and affiant such additional information as he deems necessary relative to such securities and the sale thereof. If the commissioner determines that said request and affidavit are submitted in good faith and that the same are in proper form, he shall approve said request in writing, which approval shall be a condition precedent to the exemption of a sale of such securities under this subsection. Even though other requests under this subsection have been approved involving the same class of securities within the preceding 12 months, the commissioner shall approve such additional request under this subsection if he finds that the other requirements herein stated have been met, provided he determines that the total requests under this subsection within the immediately previous twelve month period, including the current request, shall have involved sales pursuant to offers directed to a number not in excess of 25 persons. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 720

Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1970. CHILDREN AND YOUTH ACT AMENDEDPRIVATE DAY CARE CENTERS. No. 1308 (House Bill No. 1535). An Act to amend an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, so as to provide that nothing in this Act shall be construed to apply to private homes or private day care centers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is hereby amended by adding a new section between sections 2 and 3, to be designated as section 2A to read as follows: Section 2A. Nothing in this Act or any rules and regulations adopted hereunder shall be construed to require that private day care centers maintain an adult to child under care ratio commensurate with any Federal requirement concerning such adult to child under care ratio. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970.

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UNLAWFUL PRACTICES BY REAL ESTATE BROKERS, ETC. No. 1311 (House Bill No. 1615). An Act to make it unlawful for any real estate agent or broker to induce or attempt to induce for profit any person to sell or rent his dwelling by the use of representations that a person or persons of a particular race, color, religion or national origin are planning to rent or buy a house, apartment or other abode in the neighborhood; to make it unlawful for any real estate broker who knows or should have known and who fails to take such action to halt the use of such acts by his agents; to provide penalties; to provide for the mandatory revocation of licenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) It is unlawful for any real estate agent or real estate broker to induce or attempt to induce, for profit, any person to sell or rent his dwelling by the use of representations that a person or persons of a particular race, color, religion or national origin, have bought or rented, or are planning to buy or rent a house, apartment, or other abode in the neighborhood. Illegal practices. (b) It is unlawful for any real estate broker who knows or should have known and who fails to take such steps to halt the use by his agent of those acts declared to be unlawful in section 1 (a) of this Act. Section 2. (a) Any agent or broker using the acts prohibited in section 1 (a) or (b) shall be guilty of a misdemeanor and punished in the manner provided by law. Punishment, etc. (b) The Court shall forward to the Georgia Real Estate Commission a certified copy of the Order of the Court. (c) Upon conviction or plea of guilty or forfeiture of bond of the offense set out in section 1 (a) or 1 (b) of this Act it shall be mandatory upon the Georgia Real Estate

Page 722

Commission to revoke the license of said agent or broker for a period of five (5) years from the date of such disposition Upon the expiration of said five (5) years the agent or broker shall be eligible to make application to the Georgia Real Estate Commission for a license. 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 or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. URBAN REDEVELOPMENT LAW AMENDED AS TO CERTAIN COUNTIES (34,100-34,300). No. 1317 (House Bill No. 1697). 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),

Page 723

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 34,100 and not more than 34,300 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 34,100 and not more than 34,300 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 Act approved March 4, 1966 (Ga. L. 1966, p. 157), the following language: and upon every county of this State having a population of not less than 34,100 and not more than 34,300 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 the 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 March 24, 1970.

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PRACTICE AND PROCEDUREGARNISHMENT. Code Title 46 Amended. No. 1324 (Senate Bill No. 14). An Act to amend Chapter 46-2 of the Georgia Code so as to add a new Code section to be numbered 46-215, relating to discharge from employment by reason of garnishment; to amend Chapter 46-4 of the Georgia Code so as to add a new Code section to be numbered 46-409 relating to the bill of costs in garnishment proceeding; to further amend Chapter 46-4 of the Georgia Code so as to add a new Code section to be numbered 46-410, relating to reopening of judgment against defendant in certain cases; to amend Code section 46-208, relating to exemptions of wages from the process of garnishment, as amended, particularly by an Act approved March 25, 1958, p. 335, so as to the change the provisions of said Code section to provide certain limitations on ganishment; to provide for definition in connection therewith; to amend Code section 46-406, relating to proceedings on garnishment when garnishee fails to answer; to amend Code section 46-701, relating to proceedings on garnishment in justice of the Peace Courts when garnishee fails to answer; and to amend Chapter 46-8 of the Georgia Code so as to strike section 46-806; 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 46-208, relating to exemptions of wages from the process of garnishment, as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 335), is hereby amended by striking said Code section in its entirety and by inserting in lieu thereof a new Code section 46-208 to read as follows: Section 46-208. Limitation on Garnishment. (a) As used in this section, the words `disposable earnings' mean that part of the earnings of an individual remaining after

Page 725

the deduction from those earnings of the amounts required by law to be withheld. (b) The maximum part of the aggregate disposable earnings of an individual for any work week which is subjected to garnishment may not exceed the lesser of: (1) 25 per cent of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by Section 6 (a) (1) of the Fair Labor Standards Act of 1938, USC Title 29, Section 206 (a) (1), in effect at the time the earnings are payable. (c) In the case of earnings for a pay period other than a week, a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2) of subsection (b) of this section shall be used. Section 2. Code section 46-406, as amended, relating to judgment against defendant and to default judgment against a garnishee on failure to answer, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 46-406 to read as follows: 46-406. Judgment Against Defendant. Default Judgment Against Garnishee on Failure to Answer. In the event the court shall decide that the fund or property in the hands of the garnishee was subject to garnishment had the garnishment not been dissolved, the court shall render judgment against the defendant and his securities; and in case the garnishee shall fail or refuse to file the answer provided for in section 46-301, judgment by default may be entered against him for the amount of such judgment as may have been obtained against the defendant, which judgment may be enforced against the garnishee, notwithstanding a bond to dissolve the garnishment may have been filed by the defendant; and upon such judgment being entered, judgment may be had for the amount thereof against the defendant and the sureties on the bond given to

Page 726

dissolve the garnishment; provided, however, on motion not later than one year from the date any judgment so obtained is recorded on the General Execution Docket, garnishee or sureties or both may have the judgment against them modified so that the amount of the judgment shall be changed to 125% of the amount by which garnishee was indebted to defendant from the time of service of summons of garnishment through and including the last day on which a timely answer could have been made and for all property, money or effects belonging to the defendant which have come into garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the defendant by law; provided, however, the amount of the judgment shall not be reduced below an amount equal to 15% of the principal amount of the judgment against the defendant; provided, further, that on the trial of the motion, the burden of proof shall be upon the movant. (b) The limitations on the garnishee's liability in subsection (a) of this section shall be applicable to all courts of general or limited jurisdiction of this State. (c) All applications for garnishments shall include a paragraph informing the garnishee that failure to answer may result in a default judgment against the employergarnishee. Section 3. Chapter 46-4 of the Georgia Code is hereby amended by adding a new section to be numbered 46-409 to read as follows: Section 46-409. Bill of Costs in Garnishment Proceeding. The bill of costs in garnishment proceedings shall never exceed one-fifth (1/5) of the indebtedness which is the subject of the garnishment proceeding. In all cases, however, the person, firm or corporation causing summons of garnishment to issue shall deposit in advance of issuance all costs of the affidavit, summons and service of same to the officer and/or court charged with the duty to issue and serve the affidavit and summons of garnishment.

Page 727

Section 4. Chapter 46-4 of the Georgia Code is hereby further amended by adding a new section to be numbered 46-410 to read as follows: Section 46-410. Reopening Judgment by Employee. Where a plaintiff obtains a default judgment and seeks to enforce the judgment by garnishment of the wages or salary of any employee who has not had prior actual notice of the default judgment, a court may, upon proof of excusable neglect with respect to the default of answer to the complaint and within fifteen (15) days of the date of service of summons of garnishment upon a garnishee, vacate any judgment of garnishment and the judgment on which the garnishment was based, provided, however, that the employee shall pay the court costs incurred under the judgment and garnishment and the motion to vacate is filed within two (2) years of the date of the default judgment. Section 5. Code section 46-701, relating to answer of garnishment in Justice of Peace Courts and entry of default against the garnishee, is hereby amended by striking from said Code section the following: In case of failure so to answer, the justice of the peace shall enter a default against the garnishee, and shall enter judgment against the garnishee for such amount as may be recovered in the pending suit. In case of failure so to answer, the justice of the peace shall enter a default against the garnishee, and shall enter judgment against the garnishee for such amount as may be recovered in the pending suit. In case of failure so to answer, the justice of the peace shall enter a default judgment against the garnishee for such amount, including attorney's fees of the plaintiff, as would be authorized under Code Section 46-406 in an instance where judgment by default is taken against a garnishee., so that when so amended Code section 46-701 shall read as follows: Code Section 46-701. When a process of garnishment shall be sued out, returnable to any justice's court and served upon the garnishee, it shall be the duty of the garnishee to answer at the term to which the garnishment shall

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be made returnable. In case of failure so to answer, the justice of the peace shall enter a default against the garnishee for such amount, including attorney's fees of the plaintiff, as would be authorized under Code section 46-406 in an instance where judgment by default is taken against a garnishee. After judgment obtained, and when the garnishee shall appear and answer that he is indebted to or has effects in his hands belonging to the defendant, the court shall proceed as prescribed in section 8-504. Justice court. Section 5A. Chapter 46-8 of the Georgia Code is hereby amended by striking section 46-805 in its entirety. Code 46-805 repealed. Section 6. Chapter 46-2 of the Georgia Code is hereby amended by adding a new Code Section to read as follows: Section 46-215. Restriction on Discharge from Employment by Reason of Garnishment. No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. Any person violating the provision of this section shall, upon conviction, be punished as for a misdemeanor. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. REVENUEFEES OF MOTOR VEHICLE TAG AGENTS. No. 1325 (Senate Bill No. 219). An Act to amend an Act relating to the sale of motor vehicle license plates in the various counties, approved March 19, 1955 (Ga. L. 1955, p. 659), as amended, so as to increase the fee of the tag agent; to provide for the disposition of a portion of the increased fees; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the sale of motor vehicle license plates in the various counties, approved March 19, 1955 (Ga. L. 1955, p. 659), as amended, is hereby amended by striking in its entirety subsection (b) of section 3, and substituting in lieu thereof the following: (b). The amount of commission permitted as compensation to such agents under this Act shall be fifty cents (50) per license plate issued during any calendar year. Twenty-five cents (25) for each tag sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as hereinafter provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. STATE BOARD OF PARDONS AND PAROLESMEMBERS UNABLE TO SERVE. Code Chapter 77-5 Amended. No. 1326 (Senate Bill No. 374). An Act to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles; so as to provide for the designation of a person to act in the place and stead of a member of the State Board of Pardons and Paroles in cases where any such member, by reason of sickness or other providential cause becomes unable to perform the duties of his office; to provide for a Council to be composed of three members; to provide for the composition of said Council; to provide for the powers and duties of said Council; to provide the manner in which such Council may be called; to provide that the Governor may appoint

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a person in his place and stead in the event any member of the State Board of Pardons and Paroles is disqualified to serve in any case involving capital punishment and the Governor is also disqualified or for any cause is unable to act as a third member of the State Board of Pardons and Paroles; to provide for compensation; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 77-5, relating to the State Board of Pardons and Paroles, is hereby amended by inserting between Code sections 77-502 and 77-503 the following Code sections: 77-502.1 Whenever the Governor from his own knowledge or upon receiving information, deemed by him to be reliable, that any member of the State Board of Pardons and Paroles is by reason of illness or other providential cause unable to perform the duties of his office, he shall call a Council to be composed of the President of the Medical Association of Georgia, the President of the State Bar of Georgia, and the Director of the Department of Public Health of the State of Georgia for the purpose of ascertaining whether or not any such member is in fact unable to perform the duties of his office. In the event the President of the Georgia Medical Association is disqualified or unable for any cause to serve on said Council he shall appoint some other member of the Georgia Medical Association, preferably an elected officer therein to serve in his place and stead, and he shall notify the Governor of his appointee. In the event the President of the State Bar of Georgia is disqualified or unable for any cause to serve on said Council he shall appoint same other member of the State Bar of Georgia, preferably an elected officer therein to serve in his place and stead, and he shall notify the Governor of his appointee.

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In the event the Director of the Department of Public Health is disqualified or unable for any cause to serve on said Council the Chairman of the State Board of Health, if he be a physician who is licensed under the Georgia Medical Practice Act (Ga. Code Chapter 84-9), shall serve in the place and stead of the Director. In the event the Director of the Department of Public Health and the Chairman of the State Board of Health are disqualified or unable for any cause to serve on said Council, the Chairman of the State Board of Health shall designate a physician who is licensed under the Georgia Medical Practice Act (Ga. Code Chapter 84-9) and who is a member of the State Board of Health to serve in their place and stead, and he shall notify the Governor of his appointee. The Governor shall inform the Council of the information that has caused him to believe that any such member is unable to perform the duties of his office and if such Council, or a majority thereof, after a full investigation and examination into the truth of such information, shall, in writing duly signed, find that such member is incapacitated to perform the duties of his office, the Governor shall execute an Executive Order relating such facts and such member shall thereupon be suspended from performing the duties of his office and the Governor shall appoint a person to perform the duties of such member of the State Board of Pardons and Paroles during his incapacity. The person appointed to perform the duties of any such member of the State Board of Pardons and Paroles shall give bond with good security as required of other members of the State Board of Pardons and Paroles, shall be given the same oath of office as other members of the State Board of Pardons and Paroles, and shall be issued a commission as a member of the State Board of Pardons and Paroles which shall be effective so long as such member performs the duties of a member of the State Board of Pardons and Paroles. Upon giving said bond as herein required, upon taking the oath as herein required, and upon being issued his commission as herein authorized, such person shall be authorized to do everything, perform every act and exercise every prerogative and discretion that any other

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member of the State Board of Pardons and Paroles might do, perform or exercise under existing law in the absence of his incapacity. The person appointed to serve as a member of the State Board of Pardons and Paroles in the place and stead of an incapacitated member shall be subject to the confirmation of the Senate if the Senate is in session at the time of his appointment or convenes in session prior to the expiration of his appointment. Any such appointment made at times when the Senate is not in session shall be effective ad interim. During the period of incapacity of any such member of the State Board of Pardons and Paroles, such member shall be entitled to receive the compensation and such other benefits as may be provided by law or otherwise for members of the State Board of Pardons and Paroles. Notwithstanding any other law to the contrary, such appointee may be an elected official, appointed official or an employee of the State of Georgia. The order appointing such person to serve in the place and stead of any such incapacitated member shall include the compensation, not to exceed the compensation received by other members of the State Board of Pardons and Paroles, to be received by such person. No member of the Commission designated in this Session shall be civilly or criminally liable for his actions and doings as a member of said Commission and this provision may be pleaded as an absolute defense in any civil or criminal proceedings relative thereto. 77-502.2 Whenever the Governor upon his own knowledge or upon receiving information, deemed by him to be reliable, that the member of the State Board of Pardons and Paroles who has been determined incapacitated to perform the duties of his office has overcome his incapacity, that said incapacity has been removed or said incapacity has ceased, shall call the Council that previously examined the member of the State Board of Pardons and Paroles who was

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found to be incapacitated to perform the duties of his office or call a Council comprised of the persons set forth in Section 77-502.1, or whenever the Council from their own knowledge or upon receiving information, deemed by them to be reliable, that the member of the State Board of Pardons and Paroles who has been determined incapacitated to perform the duties of his office has overcome his incapacity, that said incapacity has been removed or said incapacity has ceased, may call themselves into session for the purpose of ascertaining whether or not any such member of the State Board of Pardons and Paroles is in fact able to resume the performance of the duties of his office. The Governor shall inform the Council of the information that has caused him to believe that such person is able to resume the performance of the duties of his office and if such Council, or a majority thereof, after full investigation and examination into the truth of such information or the information that has been given to the Council, shall, in writing duly signed, find that the incapacity of such member has ceased and that such member is capable of assuming the performance of the duties of his office, the Governor shall execute an Executive Order relating such facts and such member shall thereafter assume and perform the duties of his office and the term of the member of the State Board of Pardons and Paroles appointed to perform the duties of such member shall terminate. 77-502.3 In the event any member of the State Board of Pardons and Paroles is disqualified or unable to serve in any case involving capital punishment and the Governor is also disqualified or for any cause is unable to act as the third member of the State Board of Pardons and Paroles, the Governor or the person exercising the executive power shall, by Executive Order, appoint a person to serve in the place and stead of the Governor. Notwithstanding any other law to the contrary, such appointee may be an elected official, appointed official or an employee of the State of Georgia. The order appointing such person to serve in the place and stead of any such

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member and the Governor shall include the compensation to be received by such person. 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 24, 1970. STATE BUILDING ADMINISTRATIVE BOARD ACT AMENDED. No. 1327 (Senate Bill No. 383). An Act to amend the Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. L. 1969, p. 546), so as to provide that said Board shall be a budget unit of the executive branch of State government; to authorize the Board to employ and fix the compensation of certain State inspectors; to provide for certain training programs; to provide for certain inspections by State inspectors; to authorize the Board to adopt and promulgate certain rules and regulations; to provide for additional powers of the Board; to provide for all procedures, requirements and other 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 Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. L. 1969, p. 546), is hereby amended by striking in its entirety the first paragraph of section 2, which reads as follows: State Building Administrative Board Created: Membership and Terms of Office. Be it further enacted, that, there is hereby created a Board to be known as the State Building

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Administrative Board, hereinafter referred to as the `Board'. Said Board shall be composed of five (5) members as follows: Repealed. and substituting in lieu thereof a new paragraph to read as follows: State Building Administrative Board Created: Membership, Terms of Office. There is hereby created within the executive branch of the State government the State Building Administrative Board, hereinafter referred to as the `Board', which shall be a State agency and a budget unit of the executive branch of State government. Said Board shall be composed of five (5) members as follows:. Section 2. Said Act is further amended by renumbering sections 7, 8, 9, 10, 11 and 12 as sections 9, 10, 11, 12, 13 and 14, respectively, and by adding two new sections immediately following section 6 to be designated as sections 7 and 8 and to read as follows: Section 7. State Inspectors. (a) The Board shall be authorized to employ and fix the compensation of a chief State inspector and such deputy State inspectors as the Board deems necessary to carry out the functions hereinafter provided. (b) The Board shall be authorized to establish a training program for local inspectors whereby a State inspector, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any State code promulgated pursuant to this Act and adopted by such county or municipality. As a supplement to, or in conjunction with, sending State inspectors to individual counties or municipalities for the purpose of training local inspectors, the Board may establish, from time to time, regional training programs whereby the inspectors of several different counties and municipalities may take advantage of the training made available by such regional training programs.

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(c) The Board may authorize State inspectors to travel within or without the State for the purpose of inspecting factory built housing or components of factory built housing to determine compliance of such housing or components thereof with State codes. Upon the request of the governing authority of any county or municipality, the Board may authorize a State inspector to visit any plant or factory producing factory built housing for the purpose of inspecting such housing or components thereof on behalf of the county or municipality requesting such service. When the governing authority of a county or municipality requests such State inspection service, the inspection shall be to determine the compliance of such housing or components thereof with State codes promulgated pursuant to this Act. If such inspection determines that such housing or components thereof complies with such State codes, such housing or components thereof may be used within the county or municipality requesting the State inspection service, any provision of the county or municipal code to the contrary notwithstanding. (d) The Board shall be authorized to adopt and promulgate, in accordance with the provisions of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), such rules and regulations as it deems necessary to effectively carry out the provisions of this Section. Such rules and regulations may provide for the reimbursement of expenses incurred in inspecting factory built housing pursuant to the provisions of subsection (c) of this Section. Section 8. Additional Powers of Board. In addition to the authority heretofore provided by this Act, the Board shall have the power to: (a) Administer all funds available to the Board. (b) Accept any grant of funds made by the United States Government or any agency thereof for the purpose of carrying out the provisions of this Act. (c) Request from the various State departments and other agencies and authorities of the State and its political

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subdivisions and their agencies and authorities such available information as it may require in its work, and all such agencies and authorities shall furnish, within a reasonable time, such requested available information to the Board. (d) Contract with the United States Government or agencies thereof, political subdivisions of the State of Georgia and with private persons and corporations. (e) Do all other things necessary and proper to exercise its powers and perform its duties in accordance with the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. GEORGIA HEALTH CODE AMENDEDSTATE EMPLOYEES CONTRACTING INFECTIOUS HEPATITIS. Code Chapter 88-24 Amended. No. 1328 (Senate Bill No. 414). An Act to amend Code Chapter 88-24, relating to the rights of certain State employees, so as to provide benefits for certain State employees contracting infectious hepatitis in specified instances; 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. Code Chapter 88-24, relating to the rights of certain State employees, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 88-24, to read as follows:

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CHAPTER 88-24 RIGHTS OF CERTAIN STATE EMPLOYEES 88-2401. Compensation of employees contracting tuberculosis or infectious hepatitis; termination upon death. Any employee of any State institution, agency, or department charged with the care, treatment, or diagnosis of persons infected with tuberculosis or infectious hepatitis who contracts tuberculosis or infectious hepatitis while employed by such institution, agency, or department may be carried on the payroll of such institution, agency, or department at one-half of his total compensation or one hundred fifty ($150) dollars per month, whichever is less, for the duration of his disability due to tuberculosis or infectious heptitis, not to exceed three hundred fifty (350) weeks. In the event of death of the employee, while receiving compensation under the provisions of this Section, such compensation shall immediately cease. 88-2402. Physical examination to show freedom from disease at time of beginning employment. Before any employee of any institution, agency, or department of State is eligible to receive compensation under the provisions of Section 88-2401, he must undergo a physical examination at the beginning of or during the course of his employment, which examination must show said person to be free of tuberculosis or infectious hepatitis at that time. 88-2403. Free physical examination for employees. All physical examinations pursuant to Section 88-2402 shall be provided free of charge by the institution, agency, or department employing the person. 88-2404. Periodic physical examinations of persons receiving compensation; return to work upon recovery. Any institution, agency, or department having employees qualifying for compensation under the provisions of Section 88-2401 may require periodic physical examinations of such employees to determine if each such employee has recovered sufficiently to resume his duties without danger of

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spreading the infection. If such employee is found to be recovered sufficiently, he must forthwith return to his duties. In the event of failure so to do, he must be removed from the payroll of the institution, agency, or department. 88-2405. No compensation when employee exercises benefits of retirement system. If an employee of any State institution, agency, or department elects to retire under the provisions of the Employees' Retirement System of Georgia, if eligible, at the time it is ascertained that he has contracted tuberculosis or infectious hepatitis, the compensation authorized under Section 88-2401 shall not be paid. 88-2406. Contributions to retirement system where employee not eligible to retire. In the event the employee is not eligible, or does not elect to retire under the provisions of the Employees' Retirement System of Georgia, if eligible, after contracting tuberculosis or infectious hepatitis, the institution, agency, or department of the State by which he is employed shall continue to make contributions to the Employees' Retirement System of Georgia, based on the employee's total or reduced compensation, for the duration of his illness, not to exceed a maximum of three hundred fifty (350) weeks. The employee may elect to continue his contributions to the Employees' Retirement System of Georgia based on his total compensation or on the reduced compensation or on the reduced compensation received from the institution, agency, or department; provided, however, that retirement credits and benefits of an employee receiving compensation under the provisions of Section 88-2401 shall be based upon the compensation elected and contributed on by the employee. 88-2407. Rights of employees under merit system. Any employee of any State institution, agency, or department, who qualifies under the provisions of Section 88-2401, shall be given credit for all salary adjustments and the same eligibility for step increases to which he would have been entitled under the Merit System of Personnel Administration had he not contracted tuberculosis or infectious hepatitis and had he remained on the job full time in the same

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capacity and with the same status as he had previously attained. 88-2408. Election between retirement system benefits and those of Section 88-2401. If an employee of any State institution, agency, or department has, before the effective date hereof, retired under the provisions of the Employees' Retirement System of Georgia after it has been ascertained that he has contracted tuberculosis or infectious hepatitis as a result of such employment, in accordance with the provisions of Section 40-2505, Subsections (3) (c) and (4) (e), he may elect the benefits of Section 88-2401 provided he waives any further payments from the Employees' Retirement System of Georgia during the term of his eligibility under Section 88-2401. 88-2409. Rules and regulations of employing authority; exclusion of nonexposed personnel from the provisions of Section 88-2401. The superintendent or director having the legal authority to appoint employees of any institution, agency, or department of the State affected by Section 88-2401 is authorized to make and promulgate rules and regulations, not inconsistent with the provisions of Sections 88-2401 through 88-2408, to effectuate and carry out the intent and purpose of this Chapter. The superintendent or director having the legal authority to appoint employees of any institution, agency, or department may exclude from the provisions of Section 88-2401 the employees of divisions or units of the institution, agency, or department who, in the opinion of the superintendent or director, have no occupational exposure to tuberculosis or infectious hepatitis. 88-2410. Employees of certain institutions specifically covered by this Chapter. It is hereby declared to be the specific intent of Section 88-2401 that the employees of the Milledgeville State Hospital, Battey State Hospital, and Tattnall State Prison be covered by the provisions of Sections 88-2401 through 88-2409, subject to rules and regulations pursuant to Section 88-2409. The above language shall not be construed to exclude the employees of any other institution, agency, or department of State charged with

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the care, treatment, or diagnosis of persons infected with tuberculosis or infectious hepatitis who have an occupational exposure to tuberculosis or infectious hepatitis. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1970. PER DIEM FOR MEMBERS OF CONSTITUTION REVISION COMMISSION. No. 230 (House Resolution No. 807-1612). A Resolution. To provide for the per diem compensation and allowances to certain members of the Constitution Revision Commission created by resolution of the General Assembly, approved April 28, 1969 (Ga. L. 1969, p. 1100), who were appointed by the Governor. Whereas, by resolution of the General Assembly approved April 28, 1969 (Ga. L. 1969, p. 1100) a Constitution Revision Commission was created and under the provision of the resolution the Governor was authorized to appoint ten members; and Whereas, the Governor appointed from the Judicial Branch of the Government the Honorable Walter C. McMillan, Jr., Judge of Superior Courts of the Middle Judicial Circuit and the Honorable Alton W. Tucker, Ordinary, Gwinnett County, Georgia; and Whereas, the resolution provided for the expenses and compensation of members of the commission but no specific provision was made to authorize compensation and reimbursement of expenses for members appointed from The Judicial Branch of the Government; and

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Whereas, it is desirable and just that the said members of said Commission receive per diem compensation and allowances on the same basis as the members of the General Assembly who served on said Commission: Now, therefore, be it resolved by the General Assembly of Georgia that the Honorable Walter C. McMillan, Jr., Judge of Superior Courts of the Middle Judicial Circuit and the Honorable Alton W. Tucker, Ordinary, Gwinnett County, Georgia who served as members of the Constitution Revision Commission, appointed by the Governor, shall receive the compensation per diem expenses and allowances authorized for legislative members of interim legislative committees, from the funds appropriated to or available to the Legislative Branch of the Government and from any other appropriations or available funds. The aforesaid compensation per diem expenses and allowances shall be paid as provided in this resolution notwithstanding any other provisions of law to the contrary. Approved March 24, 1970. NORTH FULTON CHOIR DESIGNATED AS OFFICIAL STATE CHOIR. No. 233 (Senate Resolution No. 321). A Resolution. Designating the North Fulton Special Choir as the Official Choir of the State of Georgia during its tour during the summer months of 1970; and for other purposes. Whereas, the North Fulton Special Choir of North Fulton High School in Atlanta, Georgia, is one of the most outstanding choral organizations in the Nation, and selects its members for character, scholarship, musicianship and personality; and

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Whereas, in over thirty years of festival competition in America the Choir has never received any rating but the highestSuperior; and Whereas, the Choir in its six foreign tours has brought worldwide acclaim to the State of Georgia; and Whereas, the Choir will embark upon another of its famous tours this summer. Now, therefore, be it resolved by the General Assembly of Georgia that the North Fulton Special Choir be designated the Official Choir of the State of Georgia during its forthcoming tour. Be it further resolved that copies of this Resolution be forwarded to the North Fulton Special Choir of North Fulton High School, Atlanta, Georgia, and to the Honorable Robert S. Lowrance, Jr., Director of said Choir. Approved March 24, 1970. GOVERNOR'S AWARD FOR HEROISM COMMISSION. No. 234 (Senate Resolution No. 191). A Resolution. Creating the Governor's Award for Heroism Commission; and for other purposes. Whereas, occasionally, there will be demonstrated by the citizens of this State individual or collective acts of heroism which are of such a caliber that, because of their uniqueness, individuals who have demonstrated their unhesitating and spontaneous willingness to risk their own personal safety in order to come to the aid of others, sometimes totally unknown, who are in peril, should be recognized for their outstanding valor and courage; and

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Whereas, it is only befitting and proper that the State of Georgia, in some small manner, recognize these selfless individuals who have demonstrated such admirable heroic attributes. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Governor's Award for Heroism Commission, to be composed of the Governor, Secretary of State, State Treasurer and State Superintendent of Schools. The Secretary of State shall act as the chairman of the Commission. The Commission may select as officers such other members of the Commission as they shall deem necessary and advisable. The Commission shall have the responsibility and duty of receiving nominations from interested persons or organizations of candidates for the receipt of the Governor's Award for Heroism. Such award shall be presented to citizens of this State who have, because of their heroism, demonstrated the unique qualities of valor and courage distinguished themselves and sets them apart. The Commission shall investigate each act of heroism reported to it and, in those cases where the heroism demonstrated is of such a unique caliber, present to such distinguished citizen of this State, in appropriate ceremonies, the Governor's Award for Heroism. Approved March 24, 1970. UNIFORM CONSUMER CREDIT CODE STUDY COMMITTEE CONTINUED. No. 235 (Senate Resolution No. 205). A Resolution. To amend a Resolution creating the Uniform Consumer Credit Code Study Committee; and for other purposes. Whereas, the Uniform Consumer Credit Code Study Committee was created by Senate Resolution No. 101 at

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the 1969 Session of the General Assembly of Georgia; and Whereas, the Committee conducted extensive hearings on the Uniform Consumer Credit Code; and Whereas, the Georgia Retail Association retained a law firm to prepare an analysis of the existing Georgia law and the UCCC for the benefit of the members of the Committee and other interested persons; and Whereas, the Committee invited the foremost proponent of the Uniform Consumer Credit Code, Mr. Walter D. Malcolm of Boston, to appear before the Committee and discuss the background and explain the overall scheme of the UCCC; and Whereas, the Committee at its last meeting voted unanimously not to introduce any new legislation or pursue the two bills which are presently pending the House and Senate at the 1970 Session of the General Assembly of Georgia; and Whereas, there is considerable interest in the State of Georgia and in other states and at the federal level in the field of consumer credit; and Whereas, the members of this Committee do not believe that their task is finished and wish to continue to pursue this study. Now, therefore, be it resolved by the General Assembly of Georgia that the Uniform Consumer Credit Code Study Committee is hereby authorized to continue to function during 1970. The Committee shall make a report of its findings and recommendations to the 1971 Session of the General Assembly of Georgia at which time the Committee shall stand abolished. Approved March 24, 1970.

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LEASE OF LAND TO CITY OF ATHENS AUTHORIZED. No. 236 (Senate Resolution No. 242). A Resolution. Authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to the City of Athens; and for other purposes. Whereas, the Jaycees of the City of Athens bought a tract of land, and gave it to the Athens Farmers' Market, but at no time has the tract been used; and Whereas, the land would provide an ideal site for a civic center for the City of Athens, a center to be used by all Georgians, and the City of Athens wishes to put the said tract of land to use for this purpose; and Whereas, the title to the tract of land is vested in the Commissioner of Agriculture, and his successors in office, and he is willing to lease the tract to the City of Athens in order that the above-mentioned laudable purpose may be achieved. Now, therefore, be it resolved by the General Assembly of Georgia that the Commissioner of Agriculture is hereby authorized to lease the tract of land (hereafter described) to the City of Athens, Georgia, for thirty-five years at $1.00 per year, which lease agreement shall afford the City of Athens an option to renew said lease for said terms to its expiration; the tract of land which is the subject of this Resolution is: All that tract or parcel of land lying, situate and being, on the southeast side of Epps Bridge Road, in the City of Athens, 216 GMD Clarke County, Georgia, and being more particularly described as follows: Beginning at an iron pin, said iron pin being 250.0 feet north 16 degrees 18 minutes west from an iron pin located on the northerly side of West Broad Street (designated

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as U. S. Highway 78), (said iron pin being 425 feet east of the northeast intersection of Alps Road and West Broad Street); and running thence north 16 degrees 18 minutes west for a distance of 305.6 feet to an iron pin located on the southeast side of Epps Bridge Road; running thence along the southeast side of Epps Bridge Road north 53 degrees 17 minutes east for a distance of 194.8 feet to an iron pin; running thence south 8 degrees 33 minutes east for a distance of 17 feet to an iron pin; running thence south 79 degrees 33 minutes east for a distance of 219.0 feet to an iron pin; running thence 16 degrees 18 minutes east for a distance of 250.0 feet an iron pin; running thence south 73 degrees 42 minutes west for a distance of 375.0 feet to the beginning iron pin. Approved March 24, 1970. FERNBANK SCIENCE CENTER COMMISSION. No. 237 (Senate Resolution No. 266). A Resolution. Creating the Fernbank Science Center Commission; and for other purposes. Whereas, Fernbank Science Center was developed by the DeKalb County Board of Education to provide science education to students, teachers and adults of the metropolitan Atlanta area, the State of Georgia and the Southeastern Region; and Whereas, Fernbank Science Center has pioneered in providing up-to-date information in the space and biological sciences; and Whereas, Fernbank Science Center has made available audiovisual materials including video-tape programs to the State educational television network and school systems throughout the State of Georgia; and

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Whereas, Fernbank Science Center has provided up-to-date teacher training in the sciences as well as programs for students and the lay public; and Whereas, Fernbank Science Center has approximately 76 acres of developed land to which deed is held or is under long-term lease for science educational uses; and Whereas, Fernbank Science Center has established State, regional and national reputation in providing science information; and Whereas, Fernbank Science Center has assembled competently trained science educators and administrators to implement the above services; and Whereas, its services have brought national and international respect and compliment to the State of Georgia; and Whereas, the continued services of this institution must continue to be fully implemented and expanded; and Whereas, the continued services of this institution are necessary and desirable; and Whereas, there is a great need to expand this facility to the fullest scientific potential; and Whereas, the need exists in the State of Georgia; and Whereas, students, teachers, and citizens throughout the State of Georgia desire to have use of scientific educational materials through the use of videotape, films, slides, and television. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Fernbank Science Center Commission, to be composed of three members of the Senate chosen by the President; three members of the House chosen by the Speaker; the State Superintendent of Schools; the Superintendent of the

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DeKalb County School System; the Director of the Fernbank Science Center; the Director of the Georgia Educational Television Network; the Director of the Natural Areas Council and the Chairman of the Science and Technology Commission and the State Planning Officer; the President of the Senate shall appoint the Chairman. The Commission shall determine how the Fernbank Science Center and Forest may be best utilized in order to improve and expand its offerings to all students, teachers, and citizens of the State of Georgia. The legislative members of the Commission shall receive the expenses and allowances authorized to legislative members of interim study committees, but for no longer than 10 days. The Commission shall prepare a report of its findings which shall be submitted to the Secretary of the Senate for printing and distribution on or before December 1, 1970. All funds necessary for operation of the Commission shall come from funds of the legislative branch of State government. Approved March 24, 1970. JOINT HOUSE-SENATE TRANSPORTATION STUDY COMMITTEE. No. 238 (Senate Resolution No. 273). A Resolution. Creating the Joint House-Senate Transportation Study Committee; and for other purposes. Whereas, Georgia's expressways, highways, roads, air lanes, waterways and rail systems are becoming more and more crowded and complex as each day passes; and

Page 750

Whereas, most of these transportation modes are planned by groups and agencies independent of one another, and there are ever increasing opportunities for overlap and confusion unless there is created some State Agency which can assist in the coordination of these various modes of transportation; and Whereas, several states have seen the worth of a transportation agency, and have enacted laws to provide for needed coordination; and Whereas, the idea may or may not have merit, and one way to find out is by having a Joint House-Senate Study Committee investigate and report back to the 1971 General Assembly. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Joint House-Senate Transportation Study Committee, to be composed of six members of the Senate, one of whom shall be the Chairman of the Senate Highways Committee, chosen by the President, and six members of the House, one of whom shall be the Chairman of the House Highways Committee, chosen by the Speaker. The Committee shall do all things necessary to study the desirability, feasibility and need for a State Agency to assist in coordination, planning and implementation of transportation systems in Georgia. The Committee shall prepare a report of its findings and submit same to the General Assembly on or before January 12, 1971 The members of the Committee shall receive the expenses and allowances authorized to legislative members of interim study committees. All funds necessary for operation of the Committee shall come from funds appropriated to or available to the legislative branch of State Government. Approved March 24, 1970.

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LAND CONVEYANCES AUTHORIZED IN FULTON COUNTY. No. 239 (Senate Resolution No. 280). A Resolution. Authorizing the State Highway Department to determine the boundaries of certain rights-of-way along Roswell Road in Fulton County, Georgia, which are surplusage, and authorizing the Governor to deed the said surplusage to adjoining landowners; and for other purposes. Whereas, the rights-of-way along Roswell Road in Fulton County, Georgia, where acquired during the 1930's when real property was dirt cheap, and owners thereof were glad to give or sell as much as possible in order to avoid tax consequences; and Whereas, as a result, some rights-of-way along said road are as much as 150 feet wide, while others are more closely in line with the strip necessary and desirable; and Whereas, the larger rights-of-way are not being used, and thus are surplusage; and Whereas, officials of Fulton County and the State Highway Department are willing to part with the surplusage. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized to survey the rights-of-way along Roswell Road in Fulton County, Georgia, to determine which such rights-of-way are excessively large, and thus, surplusage, and to describe the boundaries of such surplusage in sufficiently accurate and descriptive terminology in order that the same may be deeded and conveyed to abutting property owners by the Governor. Be it further resolved that this is an authorization and

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not a mandate and that the State Highway Department may employ said authorization at its sole discretion. Be it further resolved that the Governor is hereby authorized to convey, by the necessary and proper deeds to the adjoining or abutting landowners, all the surplus real property contained in the descriptions to be created by the State Highway Department, as required herein; provided, however, that such conveyances shall be subject to the rights and easements of any public utility having facilities located over, along or under the property being conveyed or being used to render service to the public. Where the State Highway Department or Fulton County has paid a consideration for such surplus property a proportionate part of such consideration shall be refunded before the deed is executed. Approved March 24, 1970. LEASE OF AIR RIGHTS OF DESCRIBED PROPERTY ACCEPTED. No. 240 (Senate Resolution No. 281). A Resolution. Accepting the bid of Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, For the Lease Of The Air Rights (Including The Right of Necessary Supports and Appurtenances) Above The Property Owned By The State of Georgia Partially Occupying The Space Between The Forsyth Street Viaduct And The Spring Street Viaduct In The City of Atlanta, Fulton County, Georgia; Said Air Rights Being Now Occupied In Part By A Structure Which Is Commonly Referred To and Known As The Atlanta Union Passenger Station Of The Western and Atlantic Railroad Which Includes A Private Drive Running Between The Spring Street Viaduct And The Forsyth Street

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Viaduct And The Station Parking Area; and for other purposes. Whereas, by an Act of the General Assembly of the State of Georgia, entitled State Properties Control Code, approved February 21, 1964 [Ga. L. 1964, pp. 146-158 (Chapter 91-1A of The Code of Georgia)], 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, (hereinafter sometimes referred to as the Commission) which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing, and to lease the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western And Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the station parking area. The Commission is further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, convenants, terms and conditions upon which the said air rights should be leased and is 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 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 air rights and the right of the State of Georgia and the Commission to lease them are subject to certain rights, privileges, and interests presently vested in the Louisville and Nashville Railroad Company as lessee

Page 754

under a certain lease dated May 4, 1968, by and between the Louisville and Nashville Railroad Company and the State of Georgia, acting through the State Properties Control Commission (the published form of said lease, hereinafter referred to as the March 4, 1968 Lease, may be found in Ga. Laws 1968, pp. 57-112), the term of which lease ends on December 31, 1994; and Whereas, the Commission, in a regularly assembled meeting, has by its resolution agreed to lease the said air rights (including the right of necessary supports and appurtenances) subject to the March 4, 1968 Lease and upon the provisions, covenants, terms and conditions contained in the proposed lease attached to, incorporated in and by reference made a part of this Resolution; and Whereas, the Commission did therefore, in accordance with Section 91-104 A. (b) of the State Properties Control Code, obtain a plat of survey of the aforesaid air rights by a Georgia Registered Land Surveyor and two appraisals of the value of said air rights by two qualified appraisers, both of whom are members of the American Institute of Real Estate Appraisers; and Whereas, the Commission did determine the proper form of the Advertisement, Invitation for Bids, Instructions to Bidders and complete forms of both the Bid and Lease of the aforesaid air rights, after Commission meetings and conferences with, and public hearings attended by, representatives of parties who had indicated an interest in leasing the aforesaid air rights; and Whereas, formal advertisement for competitive bids pursuant to the Invitation for Bids was made as required by Section 91-109A. (b) of the State Properties Control Code; and Whereas, at the bid opening publicly held on January 22, 1970, only one bid was received which was from Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, in the

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amount of $73,000.00 base annual rental, plus an annual rental escalation factor of 1%; and Whereas, on January 26, 1970, the Commission, after due consideration and discussion at public meetings, formally determined Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, to be the highest responsible bidder for the lease of the aforesaid air rights; and Whereas, Section 91-109A. (d) and (e) of the State Properties Control Code is as follows: (d) If the commission formally determines the highest responsible bidder, the commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. A Resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or, if not in session at such time, at the next regular session. Such Resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such Resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate. (e) If the aforesaid Resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the chairman of the commission shall forthwith execute such lease for and on behalf of the commission and thereupon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any

Page 756

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 lessees have signed the proposed lease in the four counterparts required; and Whereas, an exact copy of the said proposed lease and copies of the Invitation for Bids, Instructions to Bidders, and complete form of the Bid are attached to, incorporated in and by reference made a part of this Resolution; and Whereas, also attached to, incorporated in and by reference made a part of this Resolution are certified corporate resolutions and copies of financial statements of Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc.; and Whereas, the General Assembly has carefully considered the said bid and the said proposed lease and has determined that they should be accepted. Now, therefore, be it resolved by the General Assembly of Georgia that the proposed bid and lease are hereby accepted and the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute the said lease for and on behalf of the State of Georgia and the State Properties Control Commission. Be it further resolved that the State Treasurer, as Treasurer of the State Properties Control Commission, is directed to retain the $73,000.00 Bid Security submitted by Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, as required in, and in accordance with, the provisions of the Instructions to Bidders, until Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, has deposited with the said Treasurer all of the security required by Paragraph Nine (9) of Article II of the proposed lease or until the

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State Properties Control Commission determines that Downtown Development Corp., F. M. Air Rights Company and City Center, Inc., A Joint Venture Partnership, has declared or demonstrated their intention before the term of the proposed lease commences, not to be bound by the proposed lease and the State Properties Control Commission therefore declares the said Bid Security forfeited to the State of Georgia as fixed and liquidated damages for such failure and not as a penalty. Be it further resolved that the Secreary of the Senate is hereby instructed to transmit a copy of the Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc. STATE PROPERTIES CONTROL COMMISSION ROOM 214, STATE CAPITOL ATLANTA, GEORGIA 30334 INVITATION FOR BIDS, INSTRUCTION TO BIDDERS, AND COMPLETE FORMS OF BOTH THE BID AND LEASE, CONCERNING THE PROPOSED LEASING OF THE AIR RIGHTS (INCLUDING THE RIGHT OF NECESSARY SUPPORTS AND APPURTENANCES) ABOVE THE PROPERTY OWNED BY THE STATE OF GEORGIA PARTIALLY OCCUPYING THE SPACE BETWEEN THE FORSYTH STREET VIADUCT AND THE SPRING STREET VIADUCT IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; SAID AIR RIGHTS BEING NOW OCCUPIED IN PART BY A STRUCTURE WHICH IS COMMONLY REFERRED TO AND KNOWN AS THE ATLANTA UNION PASSENGER STATION OF THE WESTERN ATLANTIC RAILROAD WHICH INCLUDES A PRIVATE DRIVE RUNNING BETWEEN THE SPRING STREET VIADUCT AND THE FORSYTH STREET VIADUCT AND THE STATION PARKING AREA.

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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 2:55 p. m., E.S.T., January 22, 1970, to be opened by the Governor as its Chairman or by another officer of the State Properties Control Commission at 3:00 p.m., E.S.T., January 22, 1970, in the State Capitol, Atlanta, Georgia, for the leasing of the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the Station parking area. The said air rights (including the right of necessary supports and appurtenances) are 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 To Bidders set forth the terms and conditions of this Invitation. Copies of said Instructions To Bidders, including the complete form of both the Bid and Lease, may be obtained on written 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 air rights (including the right of necessary supports and appurtenances) in accordance with the said Instructions To Bidders and with all the provisions, covenants, terms and conditions contained in the form of Lease attached to, incorporated in, and by reference made a part

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of the Instructions To Bidders 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. L. 1964, pp. 146-158), as amended, and also subject to all applicable provisions, covenants, agreements, terms and conditions contained in that certain lease dated March 4, 1968, by and between the State of Georgia, acting through the State Properties Control Commission, and the Louisville and Nashville Railroad Company, (the published form of said lease dated March 4, 1968, may be found in Ga. Laws 1968, pp. 57-112). The State Properties Control Commission reserves the right to reject any or all bids and to waive any and all informalities in bidding. This 29th day of December, 1969. STATE PROPERTIES CONTROL COMMISSION /s/ Ben W. Fortson, Jr. 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 and conditions for Bids for the leasing of the air rights (including the right of necessary supports and appurtenances) more particularly identified hereafter. The attached form of Lease is incorporated in, and by reference made a part of these Instructions To Bidders. The Property to be Leased The air rights (including the right of necessary supports and appurtenances) which are advertised for bidding are those air rights (including the right of necessary supports and appurtenances) above the property owned

Page 760

by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the Station parking area. The said air rights (including the right of necessary supports and appurtenances) are more particularly described in Article I of the form of Lease attached to, incorporated in, and by reference made a part of these Instructions To Bidders. Form of Lease No additions, deletions, changes, substitutions or explanations shall be made by any of the bidding parties to the attached form of 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 A 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 spaces and fill in all of the blanks for amount of base annual rental and amount of escalation factor in Exhibit A, which said Exhibit A, is attached to, incorporated in and by reference made a part of the Bid Form. No additions (except as provided and requested in these Instructions To Bidders and the Bid form), deletions, changes, substitutions or explanations shall be made by

Page 761

any bidding party to 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 bid by an individual shall be signed by the bidder with his usual signature. 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. A bid by a corporation must be signed with the legal name of the corporation (followed in parentheses by the name of the state of incorporation), followed by the signature and designation of the president or other person duly authorized to execute and bind the corporation in its bid. The execution shall be attested to by the Secretary or other person duly authorized to attest to contracts of the corporation. A proper corporate resolution authorizing the bid must be attached to the Bid form. The corporate seal of the corporation must also be affixed to the 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 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

Page 762

upper left-hand corner with the name and address of the bidder; the bid identification as follows: Atlanta Union Passenger Station of the Western and Atlantic Railroad; and the date and hour of the bid opening, and addressed as follows: Be. 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 State Properties Control Commission, in the amount of one hundred (100) per cent of the base annual rental bid. Such checks shall be returned to all unsuccessful bidders within thirty (30) days after the Lease has been executed by the bidder whose bid has been accepted by the State Properties Control Commission or after all bids have been rejected by the State Properties Control Commission. However, the check of the bidder whose bid has been accepted by the State Properties Control Commission shall be retained by the State Properties Control Commission until he has deposited all of the rental payment security required by paragraph nine (9) of Article II of the attached form of Lease. Liquidated Damages If the bidder whose bid has been accepted by the State Properties Control Commission fails or refuses to enter into the Lease, pursuant to the requirements of the Instructions To Bidders, 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 and liquidated damages and not as a penalty,

Page 763

and the State Properties Control Commission shall collect the same for the benefit of the State of Georgia. Opening of Bids Sealed 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 2:55 p.m., E.S.T., January 22, 1970, to be opened by the Governor as its chairman or by another officer of the State Properties Control Commission at 3:00 p.m., E.S.T. January 22, 1970, in the 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. Acceptance of Bid of Highest Responsible Bidder by State Properties Control Commission 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 To Bidders, and the bid of the highest responsible formal bidder therefor by the State Properties Control Commission shall be accepted unless in the judgment of the State Properties Control Commission it shall be in the best interest of the State of Georgia to reject any or all bids, or to waive any and all informalities in bidding. In either event, the State Properties Control Commission shall proceed accordingly. The high bid shall be ascertained as follows: The total return in dollars to the State of Georgia for the first (1st) twenty-five (25) years of the lease term to be computed in accordance with paragraph Two (2) of Article II of the form of Lease which is attached to, incorporated in and by reference made a part hereof. The highest such total shall be the high bid.

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The bidder whose bid is accepted by the State Properties Control Commission must enter into the Lease in the form attached hereto within ten (10) days from the date of receiving written notice of the acceptance of his bid by the State Properties Control Commission. 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 or instruments conveying an interest in real property. The signing of the Lease shall constitute a bid by the prospective Lessee and shall be subject to approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. After execution of the lease by the prospective lessee, such bid shall thereafter not be subject to revocation by the prospective Lessee unless the bid is completely rejected by the General Assembly. Withdrawal of Bid A bid may be withdrawn only on the written or telegraphic request of the bidder received by Ben W. Fortson, Jr., Secretary, State Properties Control Commission, Room 214, State Capitol, Atlanta, Georgia 30334, prior to the time fixed for the opening of bids. Negligence on the part of the bidder in preparing his bid confers no right for the withdrawal of the bid after it has been publicly considered by the State Properties Control Commission. This 29th day of December, 1969. STATE PROPERTIES CONTROL COMMISSION /s/ Ben W. Fortson, Jr. By Ben W. Fortson, Jr., Secretary of the State Properties Control Commis- sion and Secretary of State of the State of Georgia.

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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 made in good faith and 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, the Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. L. 1964, pp. 146-158), as amended, and the applicable provisions, agreements, terms and conditions contained in that certain lease dated March 4, 1968, by and between the State of Georgia, acting through the State Properties Control Commission, and the Louisville and Nashville Railroad Company, (the published form of said lease dated March 4, 1968, may be found in Ga. Laws 1968, pp. 57-112). The undersigned acknowledges that the Lease to be entered into is subject to the approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. L. 1964, pp. 146-158), as amended. 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 Two (2) of Article II of the attached Lease Form. As heretofore stated in the Preparation Of Bids in the Instructions To Bidders, 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 in the Instructions To Bidders, 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 spaces and to fill in all of the blanks provided for amount of base annual rental and amount of escalation factor in Exhibit A, which said Exhibit A is attached to, incorporated in and by reference made a part of this Bid form. As still further stated in the Preparation Of Bids in the Instructions To Bidders, no additions (except as provided and requested in the Instructions To Bidders and this Bid), deletions, changes, substitutions or explanations shall be made by any bidder to 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 State Properties Control 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 State Properties Control Commission, in the amount of one hundred (100) per cent of the base annual rental bid. The undersigned agreeds 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 so deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the State of Georgia and paid into the Treasury of the State of Georgia

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as fixed and liquidated damages for such failure and not as a penalty. The full name and business address of each party interested in this Bid, as principal, is as follows: DOWNTOWN DEVELOPMENT CORP., F. M. AIR RIGHTS COMPANY, and CITY CENTER, INCORPORATED, A Joint Venture, Suite 400, 300 Interstate North, N. W., Atlanta, Georgia 30339, composed of Downtown Development Corp., a Georgia corporation and a wholly owned subsidiary of Cousins Properties, Inc.; F. M. Air Rights Company, a Delaware corporation and a wholly owned subsidiary of the Fidelity Mutual Life Insurance Company, Philadelphia, Pennsylvania; and City Center, Incorporated, a Georgia corporation of Atlanta, Georgia. Signed and sealed this, the 22nd day of January, 1970. DOWNTOWN DEVELOPMENT CORP., F. M. AIR RIGHTS COMPANY and CITY CENTER, INCORPORATED, a Joint Venture by DOWNTOWN DEVELOPMENT CORP., (Seal) Managing Partner /s/ Lloyd T. Whitaker By: Lloyd T. Whitaker, President Downtown Development Corp. ATTEST: /s/ Robert P. Hunter, Jr. Robert P. Hunter, Jr., Secretary Downtown Development Corp. ARTICLE II RentsRental Bond TWO: Lessee covenants and agrees that as rent for the said premises herein leased Lessee will pay in advance

Page 768

into the treasury of the State of Georgia during each and every year of the full term of this lease, an amount equal to a base annual rental of Seventy Three Thousand Dollars ($73,000.00) in lawful money of the United States of America. Said base annual rental shall be the full rental due for the first (1st) year of this lease and shall be due and payable on the day of execution of this lease; provided, however, the same may be paid at Lessee's option in twelve (12) equal monthly installments beginning on the day of execution of this lease and continuing on or before the same day of each month thereafter. On or before the anniversary of the day of execution of this lease in each succeeding year of this lease for the remainder of the first twenty-five (25) years of the lease term, Lessee shall pay said base annual rental for the succeeding year and shall, along with the said base annual rental, pay each year an additional rental in an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of one per cent (1%) times the number of years this lease has run through the end of the preceding lease year at the base annual rental then applicable. The sum of the base annual rental and the additional escalation rental is sometimes hereinafter referred to as the total rental. The total rental due and payable for any year of the term of this lease may be paid, at Lessee's option, in twelve equal monthly installments during the year for which such rental is due and payable on or before the same day of each month as the day of execution of this lease. CERTIFIED RESOLUTION I, the undersigned, hereby certify that I am the Secretary of Downtown Development Corp. and that the following is a true copy of a resolution duly adopted at the meeting of the Board of Directors of Downtown Development Corp. held after proper legal notice given in accordance with the by-laws of the corporation, on January 21, 1970, at 4:00 p.m., at 300 Interstate North, Atlanta, Georgia, at which a quorum of Directors was present, and that such resolution has not been altered, repealed or amended and remains in full force and effect:

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WHEREAS, Downtown Development Corp. is the managing partner of the affairs of the partnership composed of Downtown Development Corp., F. M. Air Rights Company, and City Center, Incorporated; and WHEREAS, the partnership now has a leasehold interest in certain air rights located in Atlanta, Georgia, owned by the State of Georgia; and WHEREAS, the partnership has improved the leasehold with a substantial structure commonly known as `The Decks'; and WHEREAS, it has come to the attention of the partners that additional air rights in Atlanta, Georgia, owned by the State of Georgia, are now up for public bids, the property being generally known as the Union Station Property; and WHEREAS, the partners have determined that it would be in the best interest of the partnership for its total development project of the Air Rights to submit a bid on the Union Station Property; NOW, THEREFORE, BE IT RESOLVED, that a bid be submitted to the State of Georgia, through the State Properties Control Commission, in the name of Downtown Development Corp., F M Air Rights Company, and City Center, Incorporated, a Joint Venture, for the purpose of bidding on the leasehold interests in the air rights known as the Union Station Property; and FURTHER RESOLVED, that the President, Vice-President, Secretary or Assistant Secretary of this corporation, as managing partner, is authorized to: (1) Execute and deliver a bid on the form provided and otherwise in accordance with the `Invitation for Bids, Instructions to Bidders, and Complete Forms of Both the Bid and Lease, Concerning the Proposed Leasing of the Air Rights (Including the Right of Necessary Supports and Appurtenances) Above the Property Owned by the

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State of Georgia Partially Occupying the Space Between the Forsyth Street Viaduct in the City of Atlanta, Fulton County, Georgia; Said Air Rights Now Being Occupied in Part by a Structure Which is Commonly Known as the `Atlanta Union Passenger Station of the Western Atlantic Railroad' Which Includes a Private Drive Running Between the Spring Street Viaduct and the Forsyth Street Viaduct and the Station Parking Area' duly promulgated by the State Properties Control Commission of the State of Georgia. (2) Execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said air rights known as the `Atlanta Union Passenger Station of the Western Atlantic Railroad'. (3) To execute such papers, incur such expenses, and perform all such other acts as are necessary and appropriate in carrying out the intention of this resolution and in effecting said bid and lease on said air rights known as `Atlanta Union Passenger Station of the Western Atlantic Railroad' and to perform all other things incidental or related thereto. As secretary of this corporation, I hereby certify that the following individuals are the designated officers of this corporation set forth in the above resolution: Lloyd T. Whitaker, President T. G. Cousins, Vice-President A. D. Cannon, Jr., Vice-President Robert P. Hunter, Jr., Secretary C. D. Conlee, Assistant Secretary IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of this corporation this 21st day of January, 1970, and certify that the charter and by-laws of said corporation do not require more than one corporate

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officer to execute documents on behalf of the corporation in order to legally bind the corporation. /s/ Robert P. Hunter, Jr. Robert P. Hunter, Jr., Secretary (Seal) FORM OF LEASE OF THE AIR RIGHTS (INCLUDING THE RIGHT OF NECESSARY SUPPORTS AND APPURTENANCES) ABOVE THE PROPERTY OWNED BY THE STATE OF GEORGIA PARTIALLY OCCUPYING THE SPACE BETWEEN THE FORSYTH STREET VIADUCT AND THE SPRING STREET VIADUCT IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; SAID AIR RIGHTS BEING NOW OCCUPIED IN PART BY A STRUCTURE WHICH IS COMMONLY REFERRED TO AND KNOWN AS THE ATLANTA UNION PASSENGER STATION OF THE WESTERN AND ATLANTIC RAILROAD WHICH INCLUDES A PRIVATE DRIVE RUNNING BETWEEN THE SPRING STREET VIADUCT AND THE FORSYTH STREET VIADUCT AND THE STATION PARKING AREA. 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, (hereinafter referred to as the Commission) which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing, and to lease the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton

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County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the station parking area. The Commission is further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the said air rights should be leased and is 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 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 air rights and the right of the State of Georgia and the Commission to lease them have been subject to certain rights, privileges, and interests vested in the Louisville And Nashville Railroad Company as successor to the rights, privileges, and interests of The Nashville, Chattanooga St. Louis Railway as lessee under a certain lease dated May 11, 1917, by and between The Nashville, Chattanooga St. Louis Railway and the State of Georgia (a copy of said lease may be found in the records of the Secretary of State of the State of Georgia) which said lease (hereinafter referred to as the May 11, 1917 Lease) ended on December 27, 1969; and WHEREAS, the said air rights and the right of the State of Georgia and the Commission to lease them are subject to certain rights, privileges, and interests presently vested in the Louisville and Nashville Railroad Company as lessee under a certain lease dated May 4, 1968, by and between the Louisville and Nashville Railroad Company and the State of Georgia, acting through the State Properties Control Commission (the published form of said lease, hereinafter referred to as the March 4,

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1968 Lease may be found in Ga. Laws 1968, pp. 57-112), the term of which lease begins from and immediately at the termination of the May 11, 1917 Lease and ends on December 31, 1994; and WHEREAS, the Commission, in a regularly assembled meeting, has by resolution agreed to lease the said air rights (including the right of necessary supports and appurtenances) subject to the March 4, 1968 Lease and upon 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 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 by the Commission, accepted and executed by the prospective lessee, and approved by the General Assembly, the same shall be executed by the Chairman of the Commission for and on behalf of the Commission and the State of Georgia: NOW, THEREFORE, THIS INDENTURE OF LEASE, entered into by and between the State of Georgia, Party of the First Party (hereinafter referred to as Lessor), acting through the State Properties Control Commission, and the said Downtown Development Corp., FM Air Rights Company and City Center, Inc., a Joint Venture Partnership, Party (Parties) of the Second Part [If More Than One (1) Lessee, Lessees to be Bound and Liable Both Jointly and Severally] (hereinafter referred to as Lessee): WITNESSETH: ARTICLE I Grant And Term Of LeaseDescription 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

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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 Commission] for and in consideration of the premises and of the rents, provisions, covenants, terms and conditions hereinafter set forth does hereby let, lease and demise, subject to the March 4, 1968 Lease (including but not limited to, all clearance and track relocation provisions and all railroad operational requirements thereof) unto Lessee and Lessee does hereby take, lease and hire, subject to the March 4, 1968 Lease (including but not limited to, all clearance and track relocation provisions and all railroad operational requirements thereof) from Lessor, for a term of years commencing from and immediately on the day of execution of this lease by the Chairman of the Commission (hereinafter referred to as the day of execution of this lease) and expiring at 12:00 o'clock midnight on December 27, 2044, unless this lease shall be sooner terminated as hereinafter provided, all the right, title and interest which the Lessor has in and to the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western And Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the station parking area. The limits of the said air rights are more particularly described on a plat of survey made by Ernest L. Boggus, Georgia Registered Land Surveyor No. 496, dated October 31, 1969, revised January 15, 1970, and entitled SURVEY OF AIR RIGHTS OCCUPIED BY THE ATLANTA UNION STATION OF THE WESTERN ATLANTIC RAILROAD INCLUDING A PRIVATE DRIVE BETWEEN SPRING AND FORSYTH STREETS, a copy of said plat of survey being attached hereto, marked Exhibit A, and by reference specifically incorporated

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into and made a part of this description. The limits of the said air rights as depicted on the aforesaid plat of survey are bounded as follows: On the northwest by those air rights described as Tract 5 in a lease dated December 26, 1950, between the Western And Atlantic Railroad Commission and Peachtree-Whitehall, Inc., and by the Spring Street Viaduct; On the southwest by the southwesternmost edge of the viaduct depicted on the said plat of survey and labeled PRIVATE DRIVE; On the southeast by the Forsyth Street Viaduct; On the northeast by the northeasternmost boundary line of the Right of Way of the Western and Atlantic Railroad as of October 31, 1969. The said air rights shall extend no lower than a plane established at a level determined by the applicable vertical clearance provisions of Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and extended outwardly to the boundaries of the said air rights as depicted on the aforesaid plat of survey. Also included in this lease are: (1) all buildings, other structures, or alteration that may be constructed and located within the said air rights (including the right of necessary supports and appurtenances) on the day of execution of this lease; and (2) all other improvements of any nature or kind that may be located in any of said buildings, other structures, or alteration, or within the said air rights (including the right of necessary supports and appurtenances) on the day of execution of this lease. However, if prior to the delivery of possession of the above-referenced properties, any of the buildings, other structures, alteration or improvements located within the said air rights (including the right of necessary supports and appurtenances) on the day of execution of this lease shall be damaged, removed, altered or destroyed, in whole or in part, whether insured or not, this lease shall not be void or voidable by Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom. The duties and obligations of the Lessor and the Lessee hereunder, shall not be affected, modified or changed thereby.

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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 for the full term of this lease in accordance with and in compliance with all of the provisions, covenants, terms and conditions of this lease and subject to the March 4, 1968 Lease (including but not limited to, all clearance and track relocation provisions and all railroad operational requirements thereof). ARTICLE II RentsRental Bond TWO: Lessee covenants and agrees that as rent for the said premises herein leased Lessee will pay in advance into the treasury of the State of Georgia during each and every year of the full term of this lease, an amount equal to a base annual rental of Seventy Three Thousand dollars ($73,000.00) in lawful money of the United States of America. Said base annual rental shall be the full rental due for the first (1st) year of this lease and shall be due and payable on the day of execution of this lease; provided, however, the same may be paid at Lessee's option in twelve (12) equal monthly installments beginning on the day of execution of this lease and continuing on or before the same day of each month thereafter. On or before the anniversary of the day of execution of this lease in each succeeding year of this lease for the remainder of the first twenty-five (25) years of the lease term, Lessee shall pay said base annual rental for the succeeding year and shall, along with the said base annual rental, pay each year an additional rental in an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of -ONE- per cent (-1-%) times the number of years this lease has run through the end of the preceding lease year at the base annual rental then applicable. The sum of the base annual rental and the additional escalation rental is sometimes hereinafter referred to as the total rental. The total rental due and

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payable for any year of the term of this lease may be paid, at Lessee's option, in twelve equal monthly installments during the year for which such rental is due and payable on or before the same day of each month as the day of execution of this lease. THREE: Subject to the provision that the base annual rental shall in no instance ever be reduced to an amount lower than that specified in paragraph Two (2) of this Article II, the said base annual rental shall be subject to adjustment during the term of this lease in the manner set forth in the succeding paragraphs of this Article II. FOUR: Six (6) months before the expiration of the twenty-fifth (25th) year of the term of this lease, the Lessor and the Lessee shall determine, in the manner set forth in paragraph Five (5) of this Article II, a new base annual rental which shall be the rental for the twenty-sixth (26th) year of the lease term. For the ensuing twenty-four (24) years of the lease term, the new base annual rental payable by Lessee shall be subject to escalation in the same manner and by the same percentage factor as set forth in paragraph Two (2) of this Article II. FIVE: The said new base annual rental shall be determined by computing the average of three (3) appraisals of the then fair rental value of the premises herein leased. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (1/2) of the cost of the third 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 air rights (including the right of necessary supports and appurtenances) if available for development to the highest and best use at the time of the said appraisals, the value of any buildings, other structures, alteration, or improvements on or within the leased premises, the fact that such buildings, other structures, alteration or improvements

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have been constructed, built, and financed by Lessee but 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. SIX: Six (6) months before the expiration of the fiftieth (50th) year of this lease, a new base annual rental shall be determined in the same manner as set forth in paragraph Five (5) of this Article II, with that new base annual rental being the rental for the fifty-first (51st) year of the lease term. For the remaining years of the lease term the new base annual rental payable by Lessee shall be subject to escalation in the same manner and by the same percentage factor as set forth in paragraph Two (2) of this Article II. SEVEN: Payment of all rental and all other sums due to Lessor under this lease shall be made payable to the State of Georgia and delivered to the State Treasurer of Georgia. EIGHT: In the event the Lessee shall fail or refuse to pay the aforesaid rental or any equal monthly installment thereof as elected by Lessee to the Treasurer of the State of Georgia within five (5) days after the time named in this Article II for the payment of such rental, the Lessor, upon giving thirty (30) days written notice thereof to the Lessee, may collect out of the rental payment security on deposit with Lessor the amount of such unpaid rental as fixed and liquidated damages and not as a penalty. If at any time the Lessee shall be in arrears in an amount as much as one (1) year's rental, the Lessor may declare a default, and, at its option, elect to follow one of the options provided in paragraph Sixty-Nine (69) of Article XI of this lease. NINE: Lessee further agrees to deposit with, prior to

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the day of execution of this lease, and to thereafter maintain with, the Treasurer of the State of Georgia as rental payment security: (1) 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 an amount equal to two (2) times the then current base annual rental as determined in this Article II of this lease; or, (2) recognized valid bonds of the United States Government having a then aggregate par value equal to two (2) times the then current base annual rental as determined in this Article II of this lease; or, (3) such other security as may be acceptable to the Commission having a value equal to two (2) times the then current base annual rental as determined in this Article II of this lease. If at any time after the day of excution of this lease, the Lessor shall determine that the security so deposited and maintained is inadequate, Lessee shall, within thirty (30) days following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other or additional bonds or such other security as the Commission may reasonably require. TEN: Lessee, in good faith, and after the initial deposit, shall have the privilege of changing and interchanging such deposited security from time to time upon the express written approval of Lessor. ELEVEN: Lessee, having fully complied with paragraph Nine (9) of this Article II, shall have the right to any and all interest that may accumulate on any security other than cash so deposited. TWELVE: If upon the termination of this lease, Lessee shall have well and truly performed the undertakings, duties and obligations of this lease, any security on

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deposit with the Lessor pursuant to paragraph Nine (9) of this Article II shall be returned to the Lessee. ARTICLE III Delivery Of Possession By Lessor And Adjustment Of Payment Of Rental By Lessee THIRTEEN: The right is hereby expressly reserved to the Lessor to delay delivery of possession of said premises to Lessee after the day of execution of this lease until: (1) (a) The ninetieth (90th) day after the final authorization and effectuation of discontinuance of passenger train service originating or terminating in the Atlanta Union Passenger Station and being operated over substantially the entire length of the Western And Atlantic Railroad; and (b) The receipt by the Commission of written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that an agreement reasonably satisfactory to Lessor and the Louisville And Nashville Railroad Company has been arrived at between that Company and the Lessee, concerning how the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and assumed by the Lessee hereunder, shall be complied with; and (c) The receipt by the Commission of written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that the Louisville And Nashville Railroad Company relinquishes to Lessor such possessory rights as it may have under the March 4, 1968 Lease to the premises, including the said Atlanta Union Passenger Station and all other air space between Forsyth and Spring Streets:

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OR (2) (a) The day of completion of Lessee's compliance with the obligations of Lessee as set forth in paragraphs Sixteen (16) through Twenty (20) of Article IV of this lease; and (b) The receipt by the Commission of written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that an agreement reasonably satisfactory to Lessor and the Louisville And Nashville Railroad Company has been arrived at between that Company and the Lessee, concerning how the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and assumed by the Lessee hereunder, shall be complied with; and (c) The receipt by the Commission of written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that the Louisville And Nashville Railroad Company relinquishes to Lessor such possessory rights as it may have under the March 4, 1968 Lease to the premises, including the said Atlanta Union Passenger Station and all other air space between Forsyth and Spring Streets: whichever shall first occur. FOURTEEN: The exercise by Lessor of the right to delay delivery of possession of the said premises as set forth in paragraph Thirteen (13) of this Article III shall not make this lease void or voidable by Lessee, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom; but in the event that Lessor shall delay delivery of possession of the said premises as set forth in paragraph Thirteen (13) of this Article III, Lessee shall be required to pay, in lieu of the base annual rental and the additional rental as set forth in paragraph Two (2) of Article II of this lease, a rental during the period between

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the day of execution of this lease and the time when Lessor delivers possession according to the following schedule: (a) during the first year of the term of this lease, ten (10) per cent of the base annual rental; (b) during the second year of the term of this lease, twenty (20) per cent of the total rental due in that year as provided in paragraph Two (2) of Article II of this lease; (c) during the third year of the term of this lease, thirty (30) per cent of the total rental due in that year as provided in paragraph Two (2) of Article II of this lease; (d) during the fourth year of the term of this lease, forty (40) per cent of the total rental due in that year as provided in paragraph Two (2) of Article II of this lease; (e) during the fifth year of the term of this lease, fifty (50) per cent of the total rental due in that year as provided in paragraph Two (2) of Article II of this lease; Provided, however, that the full amount of the total rental as provided in paragraph Two (2) of Article II in this lease for the year in which possession of the said premises is delivered by the Lessor to the Lessee shall be due on the day on which possession is delivered as a condition precedent to the delivery by the Lessor to the Lessee of possession of the said premises. Lessee shall receive rental credit on the full amount of the total rental so due for any amount previously paid by Lessee in that year pursuant to sub-paragraphs (a) through (e) of this paragraph Fourteen (14) of this Article III. If Lessee shall elect to pay the total rental in annual payments, the difference between the total rental and such rental credit as Lessee may have shall be payable as a condition precedent to the delivery by the Lessor to the Lessee of possession of the said premises.

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If Lessee shall elect to pay the total rental in twelve equal monthly installments, Lessee shall either: (1) pay, as a condition precedent to the delivery of possession of the said premises, any deficiency between the monetary sum of the equal monthly installments which Lessee would have previously paid if Lessee had taken possession on the most recent anniversary of the day of execution of this lease and such rental credit as Lessee may have at the time of delivery of possession of the premises; OR (2) receive as a credit toward future equal monthly installments the amount by which Lessee's rental credit exceeds the monetary sum of the equal monthly installments which Lessee would have previously paid if Lessee had taken possession on the most recent anniversary of the day of execution of this lease. After delivery of possession of the premises Lessee may commence making equal monthly installments of said total rental in accordance with the provisions of paragraph Two (2) of Article II of this lease. Provided further that Lessee expressly agrees to accept delivery of possession of the said premises when such delivery of possession if tendered by Lessor. Provided further, however, that if on the fifth (5th) anniversary of the day of execution of this lease Lessee shall have failed to fully comply with and complete all of Lessee's obligations of this lease so as to enable Lessor to deliver possession of the said premises, this lease shall become void by law according to the present provisions of Subsection (b) of Section 91-108A of the said State Properties Control Code. However, it is expressly agreed that as a part of the consideration of Lessor requiring Lessee to pay only the reduced rental pursuant to subparagraphs (a) through (e) of this paragraph Fourteen (14) of this Article III, all rentals due and payable or

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previously paid by Lessee under the provisions of this lease shall be and remain the property of the Lessor as fixed and liquidated damages and not as a penalty and in addition to whatever other remedies Lessor may have as against Lessee. ARTICLE IV Lessee's Obligations To Comply With Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights And Exception (E) Entitled Atlanta Depot Property Contained In The March 4, 1968 Lease. FIFTEEN: Lessee hereby expressly agrees that Lessee will, totally at Lessee's own expense and in the stead of Lessor, comply with all of the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and will cause to be delivered to the Commission a written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that: (i) an agreement reasonably satisfactory to Lessor and the Louisville And Nashville Railroad Company has been arrived at between that Company and the Lessee, concerning how the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and assumed by the Lessee hereunder, shall be complied with; and (ii) the Louisville And Nashville Railroad Company relinquishes to Lessor such possessory rights as it may have under the March 4, 1968 Lease to the premises, including the said Atlanta Union Passenger Station and all other air space between Forsyth and Spring Streets. Provided, however, that expressly reserved to Lessor is the right of Lessor to negotiate with the Louisville And Nashville Railroad Company the need in such air rights for increased clearances for railroad operations and any

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agreement entered into by Lessor with the Louisville And Nashville Railroad Company concerning such need shall be binding upon the Lessee so long as the said agreement does not contradict or contravene any clearances previously agreed to by Lessor in approving plans and specifications submitted to Lessor by Lessee for proposed construction by Lessee upon or within the premises. SIXTEEN: Lessee hereby further expressly agrees that if the Lessor shall determine after the day of execution of this lease that the uncertainty of the occurrence of the final authorization and effectuation of discontinuance of passenger train service originating or terminating in the Atlanta Union Passenger Station and being operated over substantially the entire length of the Western And Atlantic Railroad (hereinafter referred to in this Article IV as passenger train service) requires compliance by Lessor with the conditions of Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease prior to the discontinuance of such passenger train service so as to prevent this lease from becoming void by law according to the provisions of Subsection (b) of Section 91-108A of the said State Properties Control Code, Lessee will, upon receipt of written notice from Lessor, totally at Lessee's own expense and in the stead of Lessor and prior to the fifth (5th) anniversary of the day of execution of this lease, comply with all of the conditions contained in Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease and cause to be delivered to the Commission a written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that all of the conditions contained in Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease have been fully complied with. SEVENTEEN: Lessee hereby further expressly agrees that any structures and facilities (including structures and facilities supplemental to, sustaining of or related to passenger train operations, over the Western And Atlantic Railroad, which language shall include, but not be limited to, structures and facilities for handling passengers

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mail, baggage and express) purchased, constructed, renovated, or provided by Lessee for the use of and accepted by the Louisville And Nashville Railroad Company as replacement structures and facilities in lieu of those portions of the said premises occupied by the said Atlanta Union Passenger Station and the air space between Forsyth and Spring Streets not separately leased as of December 28, 1969, shall be reasonably satisfactory to Lessor as to location, design and physical condition. If the Lessor in its sole discretion should so determine, any such structures and facilities shall be totally physically located: (1) upon real property or within air rights the title to which is held by Lessor or Lessee unencumbered and in fee simple absolute; or (2) upon real property or within air rights separately and directly leased by Lessee or the Louisville And Nashville Railroad Company from Lessor. This agreement by Lessee shall in no way imply, nor shall it be construed to imply, a duty upon Lessor to provide or lease to Lessee a site upon real property or within air rights the title to which is held by Lessor unencumbered and in fee simple absolute upon which Lessee might construct, renovate, or provide the said replacement structures and facilities for the use of and acceptance by the Louisville And Nashville Railroad Company. EIGHTEEN: Lessee expressly agrees that Lessee will totally at Lessee's own expense and without cost to Lessor, completee the said replacement structures and facilities in accordance with such architectual plans, construction plans, construction specifications and construction contracts as were reviewed and approved by the Commission prior to Lessee's commencement of the said actual construction, renovation or provision of the said replacement structures and facilities. Provided, however, if possession of the premises is delivered by Lessor to Lessee prior to the fifth (5th) anniversary of the day of execution of this lease pursuant to subparagraphs (1) (a)

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(b) and (c) of paragraph Thirteen (13) of Article III of this lease, Lessee shall be relieved of Lessee's obligation to complete the said replacement structures and facilities in accordance with such architectual plans, construction plans, construction specifications and construction contracts as were reviewed and approved by the Commission. Regardless of whether or not the said replacement structures and facilities are complete, if possession of the premises is delivered by Lessor to Lessee pursuant to subparagraphs (1) (a), (b) and (c), of paragraph Thirteen (13) of Article III of this lease, the Lessee shall be relieved of Lessee's obligation to provide the possession and use of the said replacement structures and facilities to the Louisville And Nashville Railroad Company as set forth in paragraph Nineteen (19) below of this Article IV of this lease, and the right to possession and use of the said replacement structures and facilities as between Lessor and Lessee shall be governed by the terms and conditions of the instrument under which Lessee entered onto the land or into the air space in which the said replacement structures and facilities are or were to be located for the purpose of constructing, renovating, or providing the said replacement structures and facilities. NINETEEN: Lessee hereby further expressly covenants and agrees that if possession of the premises is delivered by Lessor to Lessee prior to the fifth (5th) anniversary of the day of execution of this lease pursuant to subparagraphs (2) (a), (b) and (c) of paragraph Thirteen (13) of Article III of this lease, Lessee shall provide possession and use of the said replacement structures and facilities to the Louisville And Nashville Railroad Company for so long as the said replacement structures and facilities are used and occupied by the Louisville And Nashville Railroad Company as a part of the Western And Atlantic Railroad under the terms and conditions of Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease. Upon termination of use and occupancy of the said replacement structures and facilities by the Louisville And Nashville Railroad Company as a part of the Western And Atlantic Railroad under the terms and conditions of Exception (E) entitled Atlanta Depot Property

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of the March 4, 1968 Lease or by any lessee of the Western And Atlantic Railroad under any lease from Lessor, the right to possession and use of the said replacement structures and facilities as between Lessor and Lessee shall be governed by the terms and conditions of the instrument under which Lessee entered onto the land or into the air space in which the said replacement structures and facilities are located for the purpose of constructing, renovating, or providing the said replacement structures and facilities. TWENTY: Lessee hereby further expressly agrees that Lessor shall be promptly notified of all of Lessee's acts, efforts, communications, and endeavors to comply with all of the conditions contained in Exception (A) entitled Air, Mineral and Other Rights and Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease, and that all papers, documents and instruments used, entered into or obtained by Lessee in so complying including, but not limited to, all deeds, leases, easements, subleases, plats, architectual plans, construction plans, construction specifications, construction bonds, construction insurance policies, and construction contracts, shall be subject to prior review and approval by the Commission. TWENTY-ONE: Lessee hereby further expressly agrees that a failure by Lessee to fully comply with and complete all of Lessee's obligations as set forth in paragraphs Fifteen (15) through Twenty (20) of this Article IV prior to the fifth (5th) anniversary of the day of execution of this lease shall constitute a default on the part of Lessee and that in such event Lessor may declare a default and, at its option, elect to follow one of the options provided in paragraph Sixty-Nine (69) of Article XI of this lease. TWENTY-TWO: Lessor expressly agrees that insofar as may be required by the Louisville And Nashville Railroad Company under the terms of the March 4, 1968 Lease, the Lessor shall join in and cooperate with Lessee in complying with all of the conditions of Exception (A)

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entitled Air, Mineral and Other Rights and of Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease, provided that the participation of Lessor therein shall not relieve the Lessee of Lessee's responsibilities and obligations to bear the total expense as provided in paragraphs Fifteen (15), Sixteen (16), and Eighteen (18) of this Article IV of this lease. ARTICLE V Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Of The Louisville And Nashville Railroad Company Under The March 4, 1968 Lease TWENTY-THREE: 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 other than the lawful rights, title and interests of the Louisville And Nashville Railroad Company under the March 4, 1968 Lease in, to, and upon the said premises, or any part thereof. To this end, Lessee hereby consents that in addition to the right of Lessor to withhold delivery of possession set forth in paragraph Thirteen (13) of Article III of this lease, Lessor may withhold delivery of possession to Lessee of those portions of the said premises subject to such encroachments and other adverse uses and occupancies until the same shall have been removed or discontinued. Lessor shall undertake to remove and cause the discontinuance of such encroachments, adverse uses and occupancies, acting therein in its own name and behalf as the owner of the premises; however, Lessee will, if and when so requested by Lessor, join with Lessor and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the premises from said encroachments, adverse uses and occupancies. TWENTY-FOUR: If due solely to any such encroachments, adverse uses and occupancies, Lessor cannot deliver possession of the said premises or any portion

Page 790

of to Lessee on the day of execution of this lease, this lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. TWENTY-FIVE: 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 those portions of the said premises previously subject to such encroachments and other adverse uses and occupancies 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 VI TaxesSpecial AssessmentsRight To Contest Taxes, Etc.Receipts Payment Of Utility BillsAnd Interest TWENTY-SIX: 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 or estate of Lessee created by this lease. TWENTY-SEVEN: 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 is constructed and located thereon during the term of this lease. TWENTY-EIGHT: If the imposition of any tax, assessment, license fee, excise, impost, fee or charge shall

Page 791

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 notify Lessor of such contest and shall 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-NINE: After all payments are made by the Lessee pursuant to and in conformity with paragraphs Twenty-Seven (27) and Twenty-Eight (28) of this Article VI, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment. THIRTY: Lessee is to be responsible for and shall pay for all water, sanitation, gas, heat, light, power, steam and telephone services and for all other services supplied to the said premises. THIRTY-ONE: If Lessee fails to procure insurance, as hereinafter provided, or fails to pay any taxes, assessments, license fees, excises, imposts, fees, charges, or 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 of the 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 necessary. THIRTY-TWO: Any amounts paid or expended by Lessor under the provision of paragraph Thirty-One (31) of this Article VI shall be reimbursed and paid to Lessor by Lessee on demand.

Page 792

THIRTY-THREE: 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 incur. ARTICLE VII Use Of PremisesAlteration Of Premises Date For Substantial Completion Of Alteration Vesting Of Legal Title To Alteration Abandonment Of PremisesMaintenance And Repair Of PremisesIndemnification And Save And Hold Harmless ProvisionsApproval Of Plans THIRTY-FOUR: 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 the term 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, restoration 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 provided Lessee shall first give Lessor notice of such contest. THIRTY-FIVE: Lessee accepts the premises as defined in Article I of this lease as suited for the use intended by Lessee. Lessor shall not be required, during the term of this lease, to make any repairs or alteration to the premises or in any manner to supply maintenance for the premises or any buildings, other structures, alteration, or improvements located thereon or therein. THIRTY-SIX: However, Lessee shall, totally at Lessee's own expense, either add to, renovate, or construct

Page 793

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 delivery of possession of the premises. 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. THIRTY-SEVEN: The constructed and substantially completed alteration shall be so designed as to include facilities for the production of rental income. The alteration may, however, if designed for the production of rental income independent of any other property, building or structure, be joined to buildings or structures on adjacent property not owned by Lessor provided Lessee, prior to the termination of this lease and upon the written request of Lessor, and totally at Lessee's own expense, shall sever the said alteration so that the same shall be suitable by and fully capable of the production of rental income independent of any other property, building or structure. Lessee may totally merge the said alteration with buildings or structures on or within adjacent property owned by Lessor provided that Lessee is at that time the sole and only lessee or assignee of a lessee under a lease of the said adjacent property from Lessor for a term ending on the same date (December 27, 2044) as this lease. It is expressly agreed by Lessee that if the said alteration is so totally merged to such buildings or structures on or within adjacent property owned by Lessor, a default of this lease shall constitute a default of the lease of the adjacent property owned by Lessor and a default of the lease of the adjacent property owned by Lessor shall constitute a default in this lease. THIRTY-EIGHT: While any alteration is being done on the leased premises, including any work done on the leased premises under Article VIII and Article IX hereof, Lessee shall protect all adjacent property, and all railroad property and railroad operations beneath the leased premises. In connection with such protection, and in addition to any other matters in connection therewith that may

Page 794

be agreed to between Lessee and Louisville And Nashville Railroad Company, Lessee agrees that in any contracts it shall make with any contractor or contractors who may perform work on or about the leased premises that could create hazards to railroad property or operations, it will require such contractor or contractors to: (a) Obtain and keep in force at the contractor's expense at all times during the performance of such work a policy of Contractor's Public Liability and Property Damage Liability Insurance covering the operations performed by the Contractor, such policy to have limits of not less than $500,000 for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total of $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and limits of not less than $500,000 for all damage arising out of damage to or destruction of property in any one accident, with an aggregate limit of $1,000,000 for all damages arising out of damage to or destruction of property during the policy period. If any portion of such work is to be performed by other than a prime contractor or contractors, similar insurance having similar limits shall be provided by or on behalf of each subcontractor to cover the operations of each. (b) Obtain and keep in force at the Contractor's expense at all times during the performance of such work, and furnish to Louisville And Nashville Railroad Company and to every other railroad company regularly conducting operations beneath the leased premises, separate policies of standard Railroad Protective Public Liability, and Property Damage Liability Insurance for each railroad company, similar in form to such policies being used in connection with grade separation projects over railroad property by the State Highway Department of Georgia, with limits of not less than $500,000 for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident,

Page 795

and limits of not less than $500,000 for all damages arising out of damage to or destruction of property in any one accident, and subject to that limit per accident, an aggregate limit of $1,000,000 for all damages arising out of damage to or destruction of property during the policy period. The policy limits provided for by (a) and (b) above shall be applicable during the year 1970. If at the time work is done by any contractor the value of the dollar has declined appreciably below its purchasing power as of January, 1970, the limits of all insurance called for hereunder shall be increased in approximate proportion to the decline in dollar value. (c) Confer with representatives of Louisville And Nashville Railroad Company prior to the commencement of work, and agree and adhere to all reasonable standards and specifications as may be established by said Railroad Company for the protection of railroad property and operations, including the furnishing by the Railroad of necessary flagging and watchman services at the expense of the Contractor. THIRTY-NINE: Lessee covenants and agrees to substantially complete the alteration to the premises no later than nine (9) months before the expiration of the twenty-fifth (25th) year of the term of this lease. 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 and liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially completed. Lessee, prior to commencing such alteration, shall deliver to Lessor, for Lessor's approval, preliminary architect's drawings, specifications and cost estimates of the said alteration. After Lessor's approval has been

Page 796

obtained but prior to Lessee's commencing such alteration, 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 approved by 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. Lessee shall construct and complete the alteration, with appurtenant water, sewer, gas and electric wire connections, substantially in accordance with the plans and specifications so submitted to and approved in writing by Lessor except that all supports and appurtenances to the alteration which extend below the air space herein demised shall be constructed and completed in strict accordance with the plans and specifications as submitted to and approved in writing by Lessor. The said plans and specifications shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the area beneath the structures and plans and specifications for any necessary train signaling devices for the operation of railroad engines and cars. The said plans and specifications, including all of the said systems and devices, shall permit railroad operations in a safe, convenient, expeditious, economical and healthful manner. The said approval shall include, but not be limited to, the strength, durability and method of construction as well as the location and design of support members, so that the use of said area for railroad purposes shall not be obstructed, interfered with or endangered. Provided that if after the construction of said structures, Lessor shall reasonably determine that the ventilating, lighting or drainage systems shall not be sufficient, or that notwithstanding the construction of such ventilation or drainage systems, smoke, gas and/or water are concentrated or permitted to escape in such a manner or in such quantities as to injure or damage adjoining

Page 797

property, or the property of the State of Georgia, or in such manner as to render Lessor liable in damages to any persons or corporations on account thereof, or to prohibit the use of the Western And Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at its own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwithstanding the approval of Lessor of the original plans for such ventilating or drainage devices, such changes to be specified by Lessor in writing. 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. FORTY: 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 notify Lessor of such contest and shall 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.

Page 798

FORTY-ONE: The said alteration shall be constructed and substantially completed free of all liens and claims of all architects, engineers, contractors, subcontractors, mechanics, laborers and materialmen, or any other person whomsoever, except mortgage liens on Lessee's interest hereunder and 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 or claim need not be paid until the lien or claim is adjudged to be valid. Provided, however, that Lessee shall first notify Lessor of such contest and shall 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 else, 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. FORTY-TWO: 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. FORTY-THREE: 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.

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FORTY-FOUR: 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-FIVE: The voluntary, involuntary, or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall, at the option of the 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. Provided, however, Lessor agrees that, at the request of Lessee, it will consider the approval of such subleases or subtenancies as may be submitted by Lessee. If Lessor, in its sole discretion approves in writing a sublease or subtenancy, then that sublease or subtenancy shall not terminate upon the voluntary, involuntary, or other surrender of this lease by Lessee, or a mutual cancellation thereof, but shall continue for a term of years equal to the then unexpired term of years of the sublease or subtenancy on the same terms, covenants, and conditions as those contained in said sublease or subtenancy except as to those terms, covenants and conditions as may be rejected or added by the Lessor in Lessor's written approval of such sublease or subtenancy. FORTY-SIX: Lessee shall, at all times during the term of this lease, totally at Lessee's own 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. 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

Page 800

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-SEVEN: Lessee will indemnify Lessor against, and save and hold 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. FORTY-EIGHT: 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 occurrence causing damage, injury or death to any and all persons or properties in, upon or about the premises. ARTICLE VIII AdditionSubtractionRenovation Demolition Or Construction Anew Of Said Alteration FORTY-NINE: If the Lessee is not in default in the performance of any of the provisions, covenants, terms and conditions of this lease, Lessee shall have the right to add to, subtract from, renovate, demolish, or construct anew the said alteration with a new alteration of at least the same fair market value. Provided, however, that until the said alteration required in Article VII of this lease has been constructed and substantially completed, no subsequent complete alteration shall be permitted. If Lessee

Page 801

shall undertake to provide for the replacement of the said alteration with a new alteration, Lessee, prior to commencing such new alteration, shall deliver for Lessor's approval, preliminary architect's drawings, specifications and cost estimates of the said new alteration. Lessee further agrees that Lessee will construct the new alteration, with appurtenant water, sewer, gas and electric wire connections, substantially in accordance with the plans and specifications so submitted to and approved in writing by Lessor except that all supports and apurtenances to the alteration which extend below the air space herein demised shall be constructed and completed in strict accordance with the plans and specifications so submitted to and approved in writing by Lessor. The said plans and specifications shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the area beneath the structures and plans and specifications for any necessary train signaling devices for the operation of railroad engines and cars. The said plans and specifications, including all of the said systems and devices, shall permit railroad operations in a safe, convenient, expeditious, economical and healthful manner. The said approval shall include, but not be limited to, the strength, durability and method of construction as well as the location and design of support members, so that the use of said area for railroad purposes shall not be obstructed, interfered with or endangered. Provided that if, after the construction of said new alteration, Lessor shall reasonably determine that the ventilating, lighting, or drainage systems shall not be sufficient, or that notwithstanding the construction of such ventilation or drainage systems, smoke, gas and/or water are concentrated or permitted to escape in such a manner or in such quantities as to injure or damage adjoining property, or the property of the State of Georgia, or in such manner as to render Lessor liable in damages to any person or corporation on account thereof, or to prohibit the use of the Western And Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and

Page 802

construct totally at Lessee's own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwithstanding the approval of Lessor of the original plans for such ventilating or drainage devices, such changes to be specified by Lessor in writing. After the Lessor's approval of the said plans and specifications for the said new alteration has been obtained but prior to Lessee's commencement of the same, 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 approved by Lessor, and the due payment for all labor and materials incorporated in such work and all fees and other expenses incurred in connectio ntherewith; 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: 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 unless Lessee shall be relieved of Lessee's obligation to repair, reconstruct, restore or replace damaged or destroyed buildings, other structures, alteration or improvements pursuant to paragraph Fifty-Four (54) of Article IX of this lease. ARTICLE IX Damages To Or Destruction Of Premises Repair, Restoration Or Replacement Of Premises InsuranceIndemnification Save and Hold Harmless Provisions FIFTY-ONE: At all times during the term of this lease following delivery of possession of the premises, including

Page 803

the period of any alteration, demolition, construction, renovation, repair, restoration, replacement, or reconstruction on or within 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 which can be insured against, 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 replacement value [One Hundred (100) per cent] of said buildings, other structures, alteration and improvements. FIFTY-TWO: The contracts of insurance shall contain standard loss payable clauses to Lessor and Lessee as their respective interests may appear. The contracts of insurance may be endorsed to name in the standard loss payable clause any mortgagee of Lessee's interest in the premises as the said mortgagee's interest may appear, provided that: (1) the said mortgagee complies with the terms and conditions contained in paragraph Sixty-Six (66) of Article X of this lease; and (2) the mortgagee gives in writing to Lessor assurance that the proceeds of all insurance shall be utilized in the repair, reconstruction, restoration, or replacement of such buildings, other structures, alteration or improvements, and for no other purpose whatsoever. The said policies shall provide that the same shall not be invalidated or cancellable until after a thirty (30) day written notice has been given to Lessor, and the Insurance Commissioner of the State of Georgia. FIFTY-THREE: 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 invalidate any insurance

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pertaining to any buildings, other structures, alteration or improvements now located thereon or therein or hereafter constructed and located 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 amount of the full replacement value [One Hundred (100) per cent]. FIFTY-FOUR: Should, during the term of this lease following delivery of possession of the premises, any existing buildings, other structures, alteration or improvements constructed and located on or within the leased premises on the day of execution of this lease, or hereinafter constructed and located on or within the leased premises, be damaged or destroyed by fire or any other casualty whatsoever, Lessee, except as provided hereinbelow in this paragraph Fifty-Four (54), shall promptly commence the work of repair, reconstruction, restoration, or replacement, and shall prosecute the same with all reasonable dispatch, so that within the two (2) 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 of at least the same fair market value. 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 or within the said 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 premises or any part thereof, and shall not release the Lessee in any way from its liability to pay the Lessor the rent hereinbefore provided for, or from any of the provisions, covenants, terms, and conditions of this lease. Provided, however, if any existing buildings, other structures, alteration or improvements constructed and located on or within the leased premises on the day of execution of this lease, or hereinafter constructed and located on or within the leased premises, be damaged or destroyed within

Page 805

the last ten (10) years of the term of this lease, Lessee shall be relieved of any obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures, alteration or improvements upon payment by Lessee to Lessor, in a single total payment, of (1) the full insurable replacement value [One Hundred (100) per cent] of said damaged or destroyed buildings, other structures, alteration or improvements, and (2) the total rental for the remainder of the unexpired term of this lease. Such a release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures, alteration or improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon clearing by Lessee (totally at Lessee's own expense and without cost to Lessor) of the leased premises of any debris or remains of the said damaged or destroyed buildings, other structures, alteration or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying, and transferring to Lessor all of Lessee's right, title, and interests in and to the leased premises. FIFTY-FIVE: If said repair, restoration, or replacement is not substantially completed within said two (2) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this lease and if Lessee is under an affirmative requirement of paragraph Fifty-Four (54) of this lease to commence the repair, restoration, or replacement), Lessee hereby agrees to pay to Lessor as fixed and liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially complete or until the end of the term of this lease, whichever is earlier. FIFTY-SIX: Lessee, prior to commencing such repair, reconstruction, restoration or replacement as is required by paragraph Fifty-Four (54) of this Article IX shall deliver to Lessor, for Lessor's approval, preliminary architect's drawings, specifications and cost estimates of the said repair, reconstruction, restoration or replacement.

Page 806

Lessee will construct the said repair, reconstruction, restoration or replacement with appurtenant water, sewer, gas and electric wire connections, substantially in accordance with the plans and specifications so submitted to and approved in writing by Lessor except that all supports and appurtenances to the alteration which extend below the air space herein demised shall be constructed and completed in strict accordance with the plans and specifications so submitted to and approved in writing by Lessor. The said plans and specifications shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the area beneath the structures and plans and specifications for any necessary train signaling devices for the operation of railroad engines and cars. The said plans and specifications, including all of the said systems and devices, shall permit railroad operations in a safe, convenient, expeditious, economical and healthful manner. The said approval shall include, but not be limited to, the strength, durability and method of construction as well as the location and design of support members, so that the use of said area for railroad purposes shall not be obstructed, interfered with or endangered. Provided that if, after completion of the said repair, reconstruction, restoration or replacement, Lessor shall reasonably determine that the ventilating, lighting, or drainage systems shall not be sufficient, or that notwithstanding the construction of such ventilating or drainage systems, smoke, gas and/or water are concentrated or permitted to escape in such manner or in such quantities as to injure or damage adjoining property, or the property of the State of Georgia, or in such manner as to render Lessor liable in damages to any person or corporation on account thereof, or to prohibit the use of the Western And Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at Lessee's own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwithstanding the approval of Lessor

Page 807

of the original plans for such ventilating or drainage devices, such changes to be specified by Lessor in writing. After Lessor's approval has been obtained but prior to Lessee's commencing such repair, reconstruction, restoration or replacement, 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 approved by 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-SEVEN: Lessee further agrees to pay or cause to be paid all expenses in connection with said repair, reconstruction, restoration and replacement so that the said premises and such buildings, other structures, alteration or improvements shall be free and clear from all liens and claims for labor, materials, fees or other expenses. FIFTY-EIGHT: At all times during any repair, demolition, construction, renovation, reconstruction, 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. FIFTY-NINE: The proceeds of all insurance shall be utilized in the repair, reconstruction, restoration, or replacement of such buildings, other structures, alteration or improvements, and for no other purpose whatsoever unless Lessee shall be relieved of Lessee's obligation to so repair, reconstruct, restore, or replace such buildings, other structures, alteration or improvements pursuant to paragraph Fifty-Four (54) of this Article IX. However,

Page 808

all sums necessary to effect such repair, reconstruction, 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: In the event of the termination of this lease before the expenditure of the full amount of such insurance fund in the repair, reconstruction, restoration, or replacement of such buildings, other structures, alteration or improvements, any unexpected balance remaining therein, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor. SIXTY-ONE: In connection with the demolition of any buildings, other structures, alteration or improvements on or within the leased premises or in connection with any land excavation, construction, repair, reconstruction, restoration, or replacement of any buildings, other structures, alteration or improvements on the leased premises. 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 occurrence causing injury to any person whatsoever or damages to any property whatsoever. SIXTY-TWO: Lessee agrees, at its own cost and expense, to obtain and maintain public liability insurance at all times during the terms 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 Dollars ($1,000,000) 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-THREE: Insurance policies and all endorsements thereto, including all insurance required to be carried

Page 809

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 thirty (30) days prior written notice to Lessor and the Insurance Commissioner of the State of Georgia, shall be delivered to Lessor. SIXTY-FOUR: Lessee shall at once furnish to Lessor duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this lease. ARTICLE X Concerning Mortgage Of The Leasehold SIXTY-FIVE: Whenever the Lessee is not in 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, 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 in the said premises including, but without limiting the generality of the foregoing, Lessee's rights and interest 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. Lessee shall not have the right to in any way burden or encumber Lessor's title and reversionary interest in and to the premises. SIXTY-SIX: 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 in the said premises hereunder, the grantee, mortgagee, or trustee therein shall notify the Lessor in writing that

Page 810

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 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-SEVEN: 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 Sixty-Nine (69) of Article XI 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. SIXTY-EIGHT: 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, convenants, terms and conditions of this lease. ARTICLE XI DefaultTermination SIXTY-NINE: In the event Lessee has refused to observe or perform, or has failed in the observance or performance

Page 811

of, any of the provisions, covenants, terms or conditions of this lease, and unless it is otherwise provided in this lease, Lessor, may, upon giving thirty (30) days prior written notice to Lessee and to any grantee, mortgagee, or trustee required to be given copies of notices in accordance with paragraph Sixty-Six (66) hereof, declare Lessee to be in default in Lessee's obligations under this lease. If Lessee or any grantee, mortgagee, or trustee required to be given copies of notices in accordance with paragraph Sixty-Six (66) hereof, does not completely and totally remedy or cure the default in Lessee's obligations under this lease within thirty (30) days thereafter, Lessor may pursue one of the following options. (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 reletting 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

Page 812

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. Lessor shall in no event be liable to Lessee for any interest on the said residue. SEVENTY: 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 whomsoever claiming by, through or under the Lessee, whether by grant, assignment, deed to secure debt, mortgage, deed of trust, sublease (unless otherwise provided in paragraph Forty-Five (45) of Article VII of this lease, 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, air conditioning, 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 immediately 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, air conditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or within the premises, all buildings, other structures, alteration and improvements, shall therenceforward constitute and belong to and be the absolute property of the Lessor or the Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to the Lessee or to anyone whomsoever, 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 XII Assignment SEVENTY-ONE: Lessee shall have the right to assign or transfer this lease, or any interest therein, or any right

Page 813

or privilege appurtenant thereto, provided the written consent of Lessor is first had and obtained. The granting of such written consent shall be solely in the discretion of Lessor except that as to assignments or transfers of this lease, or any interest therein, or any right or privilege appurtenant thereto, which Lessee desires to make or grant to a mortgagee under Article X of this lease conditioned upon the default of Lessee in its obligations to the mortgagee, Lessor shall not unreasonably withhold its consent to the assignment or transfer. 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. ARTICLE XIII Appointment Of A ReceiverGeneral Assignment For The Benefit Of CreditorsInsolvencyBankruptcyOther Statutory Acts For Relief Of Debtors SEVENTY-TWO: 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 immediately elect one of the options provided in paragraph Sixty-Nine (69) of Article XI 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, bankruptcy or any other debtor-relief act.

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ARTICLE XIV Miscellaneous SEVENTY-THREE: 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 Lessee is complying with its undertakings, duties and obligations under this lease. SEVENTY-FOUR: 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 in its discretion and at its own expense, or Lessee totally at Lessee's own expense may in good faith contest and litigate as to the validity of any ordinance, rules, 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, provided however, that Lessee, if Lessee should so contest and litigate, shall first give Lessor notice thereof. SEVENTY-FIVE: 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 Downtown Development Corp., 300 Interstate North, Atlanta, Georgia 30339. SEVENTY-SIX: Any matter which must be submitted to and approved in writing by Lessor, as required under this lease, prior to Lessee's right to proceed on such matter shall be submitted to Lessor, unless contrary instructions are given to Lessee in writing, by United States registered

Page 815

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 and shall either be approved or rejected by Lessor within ninety (90) days after receipt. If Lessor should fail to so approve or reject within such ninety (90) day period as provided for herein, Lessor's approval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted. Lessor shall inform Lessee in writing of Lessor's rejection or approval of such submitted matter by United States registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under paragraph Seventy-Five (75) of Article XIV of this lease. SEVENTY-SEVEN: 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-in-Sufferance at the annual rate of the total rental for the last year of the lease term set out above. There shall be no renewal whatsoever of this lease by operation of law. SEVENTY-EIGHT: 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. SEVENTY-NINE: All rights, powers and privileges conferred herein upon both parties shall be cumulative. EIGHTY: It is mutually covenanted, understood, and agreed by and between the parties hereto, that each of the

Page 816

stipulations, expressions, phrases, provisions, covenants, terms and conditions of this lease shall apply to, extend to, be binding upon and inure to the benefit or detriment of not only the parties hereto, but also 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-ONE: 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-TWO: 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. EIGHTY-THREE: 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-FOUR: In the event any provision, covenant, term or condition or portion of any provision, covenant, term or condition of this lease is held invalid, the remainder of said provisions, covenant, term or condition or portion of said provision, covenant, term or condition shall not be affected thereby and shall continue in full force and effect. EIGHTY-FIVE: In the performance, discharge and fulfillment of the provisions, covenants, terms, conditions, undertakings, duties, and obligations of this lease including discretionary determinations to be made pursuant

Page 817

thereto, 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, undertaking, duties and obligations. EIGHTY-SIX: All time limits stated in this lease are of the essence. EIGHTY-EIGHT: 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, Lester Maddox as Governor of the State of Georgia and Chairman of the State Properties Control Commission, has this the.....day of....., 197....., hereunto affixed his official signature and caused to be affixed the great seal of the State of Georgia and the seal of the State Properties Control Commission, in behalf of said State and the Commission, in duplicate, and after Lessee, Downtown Development Corp., FM Air Rights Company, and City Center, Inc., a Joint Venture Partnership, has signed and executed this contract and has affixed Lessee's seal, if any, thereto, also in duplicate. ..... COMPILER'S NOTE: This lease contained no paragraph numbered Eighty-Seven. Due to a clerical error the numbering was as shown and paragraph Eighty-Six was followed by paragraph Eighty-Eight.

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STATE OF GEORGIA By ..... As Governor and as Chairman of the State Properties Control Commission ATTEST ..... As Secretary of State and Secretary of the State Properties Control Commission Signed, sealed and delivered in the presence of: (As to the signatures of Lester Maddox, Governor and Chairman of the State Properties Control Commission, and Ben W. Fortson, Jr., as Secretary of State and Secretary of the State Properties Control Commission) ..... Witness ..... Notary Public My Commission Expires:..... (NOTARY PUBLIC SEAL) DOWNTOWN DEVELOPMENT CORP., FM AIR RIGHTS COMPANY and CITY CENTER, INC., a Joint Venture Partnership, Lessee DOWNTOWN DEVELOPMENT CORP. By /s/ Lloyd T. Whitaker President (Seal)

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ATTEST /s/ Robert P. Hunter, Jr. Secretary (Seal) Signed, sealed and delivered in the presence of: As to Downtown Development Corp.: /s/ Kathryn M. Jowett Witness /s/ Brenda Bryant Notary Public My Commission Expires: 12/6/72 (NOTARY PUBLIC SEAL) FM AIR RIGHTS COMPANY By Walter S. Smith V. President (Seal) ATTEST /s/ Richard H. Hollenberg Secretary (Seal) As to FM Air Rights Company /s/ Robert P. Rowe Witness /s/ Thomas E. Harvey, Jr. Notary Public My Commission Expires: 3/19/71 (NOTARY PUBLIC SEAL)

Page 820

CITY CENTER, INC. By /s/ Robert B. Troutman, Jr. President (Seal) ATTEST /s/ Lois D. Troutman Asst. Secretary (Seal) As to City Center, Inc. /s/ Carol E. Rose Witness /s/ Brenda Bryant Notary Public My Commission Expires: 12/6/72 (NOTARY PUBLIC SEAL)

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NOTE: THIS PLAT HAS BEEN PHOTOGRAPHICALLY REDUCED AND THEREFORE, THE SCALE SHOULD BE ADJUSTED ACCORDINGLY. EXHIBIT A

Page 822

CERTIFIED CORPORATE RESOLUTION OF DOWNTOWN DEVELOPMENT CORP. I, the undersigned, hereby certify that I am the Secretary of Downtown Development Corp., and that the following is a true and correct extract from the minutes of said corporation of resolutions duly adopted at a special meeting of the Board of Directors of Downtown Development Corp. held January 21, 1970, and I further certify that due notice of said meeting was given to each member of said Board, and that a quorum was present at said meeting: WHEREAS, Downtown Development Corp., a Georgia corporation and a wholly owned subsidiary of Cousins Properties Incorporated, is a partner in the general partnership composed of Downtown Development Corp., F M Air Rights Company and City Center, Inc., which partnership is generally known as `Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership' (hereinafter referred to as `the Joint Venture Partnership'); and WHEREAS, there exist no silent, undisclosed or dormant partners in said Joint Venture Partnership; and WHEREAS, under said Joint Venture Partnership, Downtown Development Corp., is jointly and severally liable, together with F M Air Rights Company and City Center, Inc. to the full extent of the properties of the partnership, as well as to the separate properties of Downtown Development Corp., F M Air Air Rights Company, and City Center, Inc.; and WHEREAS, Downtown Development Corp. is the managing partner of the affairs of the Joint Venture Partnership; and WHEREAS, the Joint Venture Partnership now has a leasehold interest in certain air rights located in Atlanta, Georgia, and owned by the State of Georgia; and

Page 823

WHEREAS, the Joint Venture Partnership has improved the said leasehold with a substantial off-street parking complex; and WHEREAS, it has come to the attention of the Joint Venture Partnership that additional air rights in Atlanta, Georgia, owned by the State of Georgia are now up for public bids, the property being generally known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad (hereinafter referred to as `the Union Station Property'); and WHEREAS, the Joint Venture Partnership has determined that it is in the best interest of the Joint Venture Partnership for its total development project of air rights to submit a bid on the Union Station Property; NOW THEREFORE, BE IT RESOLVED that a bid be submitted to the State Properties Control Commission of the State of Georgia in the name of Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership, for the purpose of acquiring the leasehold interest in the air rights known as the Union Station Property. RESOLVED FURTHER, that Downtown Development Corp. hereby authorizes Downtown Development Corp., through its President and Secretary, as managing partner of the Joint Venture Partnership and on behalf of the Joint Venture Partnership, to execute and deliver a bid in the amount of $73,000.00 base annual rental, with an escalator factor of 1% on the bid form provided and otherwise in accordance with the invitation for bids, instructions to bidders, and complete forms of both the bid and lease, concerning the proposed leasing of the air rights, including the rights for necessary supports and appurtenances above the property owned by the State of Georgia partially occupying the space between the Forsyth Street viaduct and the Spring Street viaduct in the City of Atlanta, Georgia; said air rights now being occupied in part by a structure which is commonly known as the Atlanta Union Passenger Station of the Western and

Page 824

Atlantic Railroad which includes a private driveway running between the Spring Street viaduct and the Forsyth Street viaduct and the station parking area, as duly promulgated by the State Properties Control Commission of the State of Georgia. RESOLVED FURTHER, that if said Joint Venture Partnership is the successful bidder on said Union Station Property that Downtown Development Corp. hereby authorizes its President or Vice President and its Secretary or Assistant Secretary to execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said Union Station Property. RESOLVED FURTHER, that upon the execution and delivery of said air rights lease on said Union Station Property, Downtown Development Corp. shall be bound and liable, both jointly and severally, together with F M Air Rights Company and City Center, Inc., on all of the provisions, covenants, terms, conditions and details contained in said air rights lease on said Union Station Property; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the agreement and powers of the Joint Venture Partnership, and are within the scope of business of said Joint Venture Partnership; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the separate corporate charter powers and the by-laws' authority of Downtown Development Corp.;

Page 825

RESOLVED FURTHER, that the President or Vice President and the Secretary or Assistant Secretary of Downtown Development Corp. are hereby authorized and directed to execute said air rights lease in the name of Downtown Development Corp. and to affix the corporate seal of the corporation thereto, and to execute and deliver such other papers, documents and instruments and perform such other acts as are necessary and appropriate in carrying out the intention of these Resolutions and in effecting and consummating said bid and said air rights lease on said Union Station Property, and to perform any and all other acts and things incidental or related thereto. I certify that the persons hereinafter named now hold and are the duly qualified and acting incumbents of the designated offices set opposite their names in Downtown Development Corp.: NAME OFFICE Lloyd T. Whitaker President T. G. Cousins Vice President A. D. Cannon, Jr. Vice President C. D. Conlee Treasurer and Assistant Secretary Robert P. Hunter, Jr. Secretary John S. Perkins, Jr. Assistant Treasurer I HEREBY FURTHER CERTIFY that the Resolutions hereinabove set forth have not been altered, repealed, or amended, and that the same remain in full force and effect. WITNESS my signature and the seal of Downtown Development Corp. this 5th day of February, 1970. /s/ Robert P. Hunter, Jr. Secretary WHEREAS, it has come to the attention of the Joint Venture Partnership that additional air rights in Atlanta, Georgia, owned by the State of Georgia are now up for

Page 826

public bids, the property being generally known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad (hereinafter referred to as `the Union Station Property'); and WHEREAS, the Joint Venture Partnership has determined that it is in the best interest of the Joint Venture Partnership for its total development project of air rights to submit a bid on the Union Station Property; NOW THEREFORE, BE IT RESOLVED that a bid be submitted to the State Properties Control Commission of the State of Georgia in the name of Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership, for the purpose of acquiring the leasehold interest in the air rights known as the Union Station Property. RESOLVED FURTHER, that F M Air Rights Company hereby authorizes Downtown Development Corp., through its President and Secretary, as managing partner of the Joint Venture Partnership and on behalf of the Joint Venture Partnership, to execute and deliver a bid in the amount of $73,000.00 base annual rental, with an escalator factor of 1% on the bid form provided and otherwise in accordance with the invitation for bids, instructions to bidders, and complete forms of both the bid and lease, concerning the proposed leasing of the air rights, including the rights for necessary supports and appurtenances above the property owned by the State of Georgia partially occupying the space between the Forsyth Street viaduct and the Spring Street viaduct in the City of Atlanta, Georgia; said air rights now being occupied in part by a structure which is commonly known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private driveway running between the Spring Street viaduct and the Forsyth Street viaduct and the station parking area, as duly promulgated by the State Properties Control Commission of the State of Georgia. RESOLVED FURTHER, that if said Joint Venture Partnership is the successful bidder on said Union Station

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Property that F M Air Rights Company hereby authorizes its President or Vice President and its Secretary or Assistant Secretary to execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said Union Station Property. RESOLVED FURTHER, that upon the execution and delivery of said air rights lease on said Union Station Property, F M Air Rights Company shall be bound and liable, both jointly and severally, together with Downtown Development Corp. and City Center, Inc. on all of the provisions, covenants, terms, conditions and details contained in said air rights lease on said Union Station Property. RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the agreement and powers of the Joint Venture Partnership and are within the scope of business of said Joint Venture Partnership. RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the separate corporate charter powers and by-laws' authority of F M Air Rights Company. RESOLVED FURTHER, that the President or Vice President and the Secretary or Assistant Secretary of F M Air Rights Company are hereby authorized and directed to execute said air rights lease in the name of F M Air Rights Company and to affix the corporate seal of the corporation thereto, and to execute and deliver such other papers, documents and instruments and perform such other acts as are necessary and appropriate in carrying out the intention of these Resolutions and in

Page 828

effecting and consummating said bid and said air rights lease on said Union Station Property, and to perform any and all other acts and things incidental or related thereto. I CERTIFY that the persons hereinafter named now hold and are the duly qualified and acting incumbents of the designated offices set opposite their names in F M Air Rights Company: NAME OFFICE Kenneth S. Sweet, Jr. President Clay M. Gervais Vice President Walter S. Smith Vice President Spencer M. Hurtt Vice President Richard H. Hollenberg Secretary D. Eugene Hamme Treasurer Laurence A. Krupnick Assistant Secretary and Assistant Treasurer I HEREBY FURTHER CERTIFY that the Resolutions hereinabove set forth have not been altered, repealed or amended, and that the same remain in force and effect. WITNESS my signature and the seal of F M Air Rights Company this 6th day of Feb., 1970. /s/ Richard H. Hollenberg Secretary CERTIFIED CORPORATE RESOLUTION OF CITY CENTER, INC. I, the undersigned, hereby certify that I am the Ass't. Secretary of City Center, Inc., and that the following is a true and correct extract from the minutes of said corporation of resolutions duly adopted at a special meeting of the Board of Directors of City Center, Inc. held January 21, 1970, and I further certify that due notice of said meeting was given to each member of said Board, and that a quorum was present at said meeting:

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WHEREAS, City Center, Inc., a Georgia corporation, is a partner in the general partnership composed of Downtown Development Corp., F M Air Rights Company and City Center, Inc., which partnership is generally known as `Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership' (hereinafter referred to as `the Joint Venture Partnership'); and WHEREAS, there exist no silent, undisclosed or dormant partners in said Joint Venture Partnership; and WHEREAS, under said Joint Venture Partnership, City Center, Inc. is jointly and severally liable, together with Downtown Development Corp. and F M Air Rights Company to the full extent of the properties of the partnership, as well as to the separate properties of Downtown Development Corp., F M Air Rights Company, and City Center, Inc.; and WHEREAS, Downtown Development Corp. is the managing partner of the affairs of the Joint Venture Partnership; and WHEREAS, the Joint Venture Partnership now has a leasehold interest in certain air rights located in Atlanta, Georgia, and owned by the State of Georgia; and WHEREAS, the Joint Venture Partnership has improved the said leasehold with a substantial off-street parking complex; and WHEREAS, it has come to the attention of the Joint Venture Partnership that additional air rights in Atlanta, Georgia, owned by the State of Georgia, are now up for public bids, the property being generally known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad (hereinafter referred to as `the Union Station Property'); and WHEREAS, the Joint Venture Partnership has determined that it is in the best interest of the Joint Venture

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Partnership for its total development project of air rights to submit a bid on the Union Station Property; NOW, THEREFORE, BE IT RESOLVED that a bid be submitted to the State Properties Control Commission of the State of Georgia in the name of Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership, for the purpose of acquiring the leasehold interest in the air rights known as the Union Station Property; RESOLVED FURTHER, that City Center, Inc. hereby authorizes Downtown Development Corp., through its president and secretary, as managing partner of the Joint Venture Partnership and on behalf of the Joint Venture Partnership, to execute and deliver a bid in the amount of $73,000.00 base annual rental, with an escalator factor of 1% on the bid form provided and otherwise in accordance with the invitation for bids, instructions to bidders, and complete forms of both the bid and lease, concerning the proposed leasing of the air rights, including the rights for necessary supports and appurtenances above the property owned by the State of Georgia partially occupying the space between the Forsyth Street viaduct and the Spring Street Viaduct in the City of Atlanta, Georgia; said air rights now being occupied in part by a structure which is commonly known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private driveway running between the Spring Street viaduct and the Forsyth Street viaduct and the station parking area, as duly promulgated by the State Properties Control Commission of the State of Georgia; RESOLVED FURTHER, that if said Joint Venture Partnership is the successful bidder on said Union Station Property that City Center, Inc. hereby authorizes its President or Vice President and its Secretary or Assistant Secretary to execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said Union Station Property;

Page 831

RESOLVED FURTHER, that upon the execution and delivery of said air rights lease on said Union Station Property, City Center, Inc. shall be bound and liable, both jointly and severally, together with Downtown Development Corp. and F M Air Rights Company, on all of the provisions, covenants, terms conditions and details contained in said air rights lease on said Union Station Property; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, and conditions and details contained in said air rights lease are within the agreement and powers of the Joint Venture Partnership, and are with the scope of business of said Joint Venture Partnership; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the separate corporate charter powers and by-laws' authority of City Center, Inc.; RESOLVED FURTHER, that the President or Vice President and the Secretary or Assistant Secretary of City Center, Inc. are hereby authorized and directed to execute said air rights lease in the name of City Center, Inc. and to affix the corporate seal of the corporation thereto, and to execute and deliver such other papers, documents and instruments and perform such other acts as are necessary and appropriate in carrying out the intention of these Resolutions and in effecting and consumating said bid and said air rights lease on said Union Station Property, and to perform any and all other acts and things incidental or related thereto. I certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the

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designated offices set opposite their names in City Center, Inc.: NAME OFFICE Robert B. Troutman, Jr. President Buck Mickel Vice-President Hal F. Dumas, Jr. Secretary Lois D. Troutman Assistant Secretary I hereby further certify that the Resolutions hereinabove set forth have not been altered, repealed or amended, and that the same remain in full force and effect. Witness my signature and the seal of City Center, Inc. this day of February 7, 1970. /s/ Lois D. Troutman Ass't. Secretary (Seal) DOWNTOWN DEVELOPMENT CORP. 300 Interstate North Atlanta, Georgia 30339 February 9, 1970 State Properties Control Commission State Capitol Building Atlanta, Georgia 30334 Re: Union Station Air Rights Property Gentlemen: A letter received on February 3, 1970 from Mr. David O. Benson, Staff Director of the Georgia State Properties Control Commission (hereinafter called Properties Control Commission), formally notified us that the earlier bid, submitted by Downtown Development Corp., FM Air Rights Company, and City Center, Inc., a Joint Venture (hereinafter called The Joint Venture Partnership), for

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a non-subordinated leasehold interest in the State owned air rights commonly referred to as the Union Station Property located in downtown Atlanta, Georgia, has been found in order and accepted by the Properties Control Commission. We therefore deliver to you herewith, on behalf of the proposed lessee and within the time required in the Instructions to bidders, four completed and fully executed (as to the lessee) copies of the required Lease form together with copies of supporting corporate resolutions authorizing such execution on behalf of each corporate member of The Joint Venture Partnership. The form of the lessee's execution of the Lease instrument as well as the adequacy of the supporting resolutions has been reviewed and approved by Assistant Attorney General J. Robert Coleman, Esq., with whom our attorneys have worked on this matter. At the January 26, 1970 meeting of the Properties Control Commission it was suggested that a short background statement of the past history and future plans of The Joint Venture Partnership would be appreciated. The remainder of this letter sets forth that information. Downtown Development Corp., which is a wholly owned subsidiary of Cousins Properties Incorporated (hereinafter called Cousins Properties), is a Fulton County, Georgia corporation chartered on July 28, 1966. Cousins Properties has been in the real estate development business in Atlanta and elsewhere for more than ten years and currently has total assets exceeding $28,000,000 and net worth in excess of $12,000,000. Mr. Lloyd T. Whitaker, who is President of Downtown Development Corp., is also head of the Air Rights Division of Cousins Properties. Downtown Development Corp. has been contractually designated as the Managing Partner of The Joint Venture Partnership. FM Air Rights Company is a corporation chartered under the laws of the State of Delaware. It is duly registered with the Secretary of State of Georgia and is

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qualified to do business in this State. FM Air Rights Company is a wholly owned subsidiary of The Fidelity Mutual Life Insurance Company (hereinafter called Fidelity Mutual), whose home office is in Philadelphia, Pennsylvania. Fidelity Mutual has total assets in excess of $550,000,000. Cousins Properties and Fidelity Mutual have worked together for a number of years on joint real estate development projects in the Atlanta area, and elsewhere. The third member of The Joint Venture Partnership, City Center, Inc. is a Fulton County, Georgia corporation chartered on February 10, 1954. On January 12, 1960 the Western Atlantic Railroad Commission (predecessor of the Properties Control Commission) entered into a Lease Contract with City Center, Inc. which granted to City Center, Inc. a non-subordinated leasehold interest in certain air rights property in the same general area as the Union Station Property in downtown Atlanta, referred to as Tracts 1,2, and 3, for a term commencing on December 28, 1969 and continuing through December 27, 2044. City Center, Inc. approached Cousins Properties about becoming involved in the development of these air rights properties. Cousins Properties became involved and, in turn, invited Fidelity Mutual to join the air rights development venture. Ultimately, The Joint Venture Partnership as it exists today was formed. Since that date The Joint Venture Partnership has looked forward to the day that it might acquire additional air rights properties nearby or contiguous to tracts 1, 2, and 3 in order to permit the orderly development of a coordinated complex which will be of benefit to the Metropolitan Atlanta area as well as the entire State of Georgia. The Joint Venture Partnership has always considered acquisition of the Union Station Property as totally consistent with and highly desirable for implementing its long-range development plans for the air rights project. Although it is not possible at this time to reveal the specifics of the total development planned for the air rights and nearby property, you may be assured that The Joint Venture Partnership intends to produce ultimately a coordinated

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development which utilizes to its highest and best use all of the State of Georgia air rights property under its control. The Lease from the State of Georgia to City Center, Inc. covering Tracts 1,2, and 3 required that construction on that property commence no later than December 31, 1966. In order to meet this deadline The Joint Venture Partnership began construction of a 1,900 car parking facility on a portion of that property (said construction as presently completed hereinafter being called The Decks) which is the first actual construction in the overall air rights development program. The lease to City Center, Inc. also required that at least $5,000,000 be spent on improvements to Tracts 1 and 2 by December 31, 1968, or, if the total predetermined dollar amount of construction was not reached within the time specified, the lessee was required to guarantee to the State of Georgia the additional required construction costs. By December 31, 1968 The Joint Venture Partnership had expended approximately $4,400,000 in construction of The Decks, whose foundations were planned and constructed to accomodate many additional floors of superstructure for future development. An additional $600,000 in bonds has been deposited by The Joint Venture Partnership with the State of Georgia as security for completing of the remaining construction requirements under the Lease of Tracts 1, 2 and 3 from the State of Georgia to City Center, Inc. The Joint Venture Partnership stands ready to perform in accordance with the tenor of its bid for the Union Station Property and, upon approval of the enclosed Lease by the Georgia General Assembly, we contemplate moving forward promptly with finalizing our plans for the overall air rights project. Sincerely, DOWNTOWN DEVELOPMENT CORP.

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FM AIR RIGHTS COMPANY CITY CENTER, INC., a Joint Venture Acting through its Managing Partner, Downtown Development Corp. By /s/ Lloyd T. Whitaker President P.S. You will also find attached hereto as Exhibit A a copy of the computation earlier furnished to you illustrating the total rental revenues to be received by the State of Georgia (base annual rental of $73,000 plus an annual escalation factor of one per cent per year) through the first 25 years of the proposed Union Station lease, prior to re-appraisal in the 25th year. ILLUSTRATIVE COMPUTATION OF RENTAL REVENUES TO BE RECEIVED BY THE STATE OF GEORGIA FOR THE UNION STATION PROPERTY FOR THE FIRST 25 YEARS, PRIOR TO RE-APPRAISAL IN THE 25TH YEAR, UNDER THE BID SUBMITTED BY DOWNTOWN DEVELOPMENT CORP. ET AL (Base Annual Rental of $73,000.00 and Annual Escalation Factor of One (1%) Per Cent. YEAR OF LEASE TERM ANNUAL RENTAL ESCALATION COMPUTATION TOTAL ANNUAL RENTAL 1st $ 73,000.00 $ $73,000.00 2nd 73,000.00 (1%) 730.00 = 73,730.00 3rd 73,000.00 (2%) 1,460.00 = 74,460.00 4th 73,000.00 (3%) 2,190.00 = 75,190.00 5th 73,000.00 (4%) 2,920.00 = 75,920.00 6th 73,000.00 (5%) 3,650.00 = 76,650.00 7th 73,000.00 (6%) 4,380.00 = 77,380.00 8th 73,000.00 (7%) 5,110.00 = 78,110.00 9th 73,000.00 (8%) 5,840.00 = 78,840.00 10th 73,000.00 (9%) 6,570.00 = 79,570.00 11th 73,000.00 (10%) 7,300.00 = 80,300.00 12th 73,000.00 (11%) 8,030.00 = 81,030.00 13th 73,000.00 (12%) 8,760.00 = 81,760.00 14th 73,000.00 (13%) 9,490.00 = 82,490.00 15th 73,000.00 (14%) 10,220.00 = 83,220.00 16th 73,000.00 (15%) 10,950.00 = 83,950.00 17th 73,000.00 (16%) 11,680.00 = 84,680.00 18th 73,000.00 (17%) 12,410.00 = 85,410.00 19th 73,000.00 (18%) 13,140.00 = 86,140.00 20th 73,000.00 (19%) 13,870.00 = 86,870.00 21st 73,000.00 (20%) 14,600.00 = 87,600.00 22nd 73,000.00 (21%) 15,330.00 = 88,330.00 23rd 73,000.00 (22%) 16,060.00 = 89,060.00 24th 73,000.00 (23%) 16,790.00 = 89,790.00 25th 73,000.00 (24%) 17,520.00 = 90,520.00 $1,825,000.00 $219,000.00 $2,044,000.00 25 year total of annual base rentals 25 year total of escalation amounts Grand total of 25 year base annual rental and escalation amounts

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Base annual rental adjusted by re-appraisal at end of 25th and 50th years, with escalation factor of 1% annually continuing. EXHIBIT A Approved March 24, 1970. JOINT TEACHERS CERTIFICATION AND CLASSIFICATION STUDY COMMITTEE. No. 241 (Senate Resolution No. 312). A Resolution. Creating the certification and classification of Teachers Study Committee; and for other purposes. Whereas, it has been proposed to the General Assembly that the State Board of Education might certify and

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classify teachers according to their achievement scores attained on such examination; and Whereas, the certification and classification of teachers is a most important function. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Joint Teachers Certification and Classification Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof, and five members of the Senate to be appointed by the President thereof. The committee shall make a thorough and exhaustive study into the advisability of certifying and classifying all teachers and certificated professional personnel, based upon the achievement scores attained by such personnel on the National Teachers Examination. The committee shall make a report of its findings and recommendations to the 1971 session of the General Assembly, at which time it shall stand abolished. Approved March 24, 1970. CONSOLIDATED RETIREMENT SYSTEM STUDY COMMITTEE. No. 245 (House Resolution No. 546-1101). A Resolution. Creating the Consolidated Retirement System Study Committee; and for other purposes. Whereas, the State of Georgia has a multiplicity of State supported retirement and pension systems; and Whereas, these systems are not centrally administered or coordinated, which causes duplication of membership;

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and Whereas, the benefit structures of some of the systems are not coordinated with Social Security benefits; and Whereas, there is no uniformity in benefit structures or the ratio of employer and employee contributions among these systems; and Whereas, it is doubtful that some of the systems are actuarially sound; and Whereas, these conditions cause inefficiency in the administration and investment of retirement and pension funds; and Whereas, the systems are arbitrary and unfair in that some groups of employees have advantages and benefits disproportionate to the advantages and benefits of other groups of employees. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Consolidated Retirement System Study Committee to be composed of nine (9) members as follows: three (3) members of the standing Committee on Retirement of the House of Representatives to be appointed by the Speaker of the House; three (3) members of the standing Retirement Committee of the Senate to be appointed by the President of the Senate; the Attorney General, ex officio; the Secretary of State, ex officio, and the State Auditor, ex officio. The Attorney General shall be authorized to call the organizational meeting of the Committee at which time the Committee shall elect, by majority vote, a chairman from among its membership and may elect such other officers from among its membership as it deems necessary or desirable. The chairman shall be authorized to appoint such subcommittees of the Committee as he deems necessary.

Page 840

Be it further resolved that said Committee shall be authorized to make a thorough study of all matters relative to the creation of a consolidated retirement system and draft such proposals as may be necessary for the creation of such system. Without limiting the generality of the foregoing, said Committee shall be authorized to make studies and recommendations relative to the following factors: 1. The persons to be covered by said consolidated retirement system including the feasibility of covering officers and employees of political subdivisions. 2. The status of existing retirement and pension system and, in connection therewith, the members, if any, of such systems who might be required to transfer to the consolidated system and the methods of voluntarily transferring from existing systems to the consolidated system. 3. The benefit structure of such consolidated system, and in connection therewith, the funding of such system by the State, members of the system and political subdivisions. 4. The administration of the consolidated system and the investment of the funds of such system. 5. The feasibility of the centralized administration of existing systems in connection with the creation of the consolidated system. Be it further resolved that, in order for said Committee to effectively carry out its duties and responsibilities, said Committee may employ consultants and contract with persons, firms or corporations to provide such research and other assistance as the Committee deems necessary. Provided, however, the amount of any funds proposed to be spent for such services shall first be approved, in writing, by the Speaker of the House and the President of the Senate.

Page 841

Be it further resolved that each legislative member of said Committee shall receive such expenses and allowances as provided by law for members of interim committees for each meeting of the Committee or subcomittees thereof attended by each such member. The ex officio members of said Committee shall receive no compensation for service on the Committee but shall be reimbursed for expenses incurred in the performance of their duties as members of the Committee. The funds necessary for the reimbursement of the expenses of said ex officio members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the legislative branch of government. Be it further resolved that the members of the Committee or of subcommittees thereof shall be authorized to meet for such number of days, not to exceed twenty (20) days during any calendar year, as may be necessary for the Committee to fully and effectively carry out its duties and responsibilities. Be it further resolved that the Committee shall be authorized to function until the day the General Assembly convenes in regular session in January 1972, on which date the Committee shall stand abolished. The Committee may be abolished prior to that date upon a motion to that effect being made and duly adopted by a majority vote of said Committee. If its studies and recommendations are completed, the Committee shall issue its final report to the General Assembly by January 1, 1971, and if not completed, it shall issue a preliminary report by that date and its final report by not later than January 1, 1972. Approved March 24, 1970.

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CONPENSATION TO TATTNALL COUNTY. No. 247 (House Resolution No. 554-1121). A Resolution. To compensate Tattnall County; and for other purposes. Whereas, a great number of Habeas Corpus cases were filed in the City Court of Reidsville and the Tattnall Superior Court, Tattnall County, Georgia, and are appealed to the Supreme Court of Georgia and are handled in the Superior Court of Tattnall County and the City Court of Reidsville due to the fact that the Georgia State Prison is located in Tattnall County; and Whereas, the Superior Court of Tattnall County and the City Court of Reidsville are required to perform all the duties connected with such appeals to the Supreme Court of Georgia in addition to the normal flow of work; and Whereas, the additional duties required of said courts by virtue of each habeas corpus appeal to the Supreme Court of Georgia place an undue burden upon said courts; and Whereas, the great majority of the petitioners in said habeas corpus cases and appeals to the Supreme Court of Georgia, due to their poverty, are unable to pay costs in such appeals to the Supreme Court of Georgia; and Whereas, there are no provisions of law whereby Tattnall County may be compensated for the expenses incurred by said courts in performing this great amount of extra, burdensome work; and Whereas, from January 1, 1965, through December 31, 1969, involving Habeas Corpus Cases in the City Court of Reidsville, Tattnall Superior Court and also appeals to the Supreme Court of Georgia for which Tattnall County

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has not been paid the costs thereof, which costs amount to $3,310.70; and Whereas, Honorable Henry C. Kennedy is the Clerk of both the Superior Court of Tattnall County and the City Court of Reidsville and has prepared an itemized account of such costs. Now, therefore, be it resolved by the General Assembly of Georgia that upon presentment of said itemized account to the Director of Corrections, the State Board of Corrections be and is hereby authorized and directed to pay to the chairman of the Board of Commissioners of Tattnall County the sum of $3,310.70 which amount is the total cost due in Habeas Corpus cases and appeals to the Supreme Court of Georgia in both the Superior Court of Tattnall County and the City Court of Reidsville. Said payment shall be in full and final satisfaction for all of the cases itemized in said account. The payment of said sum shall be from funds appropriated to or available to the State Board of Corrections. Approved March 24, 1970. NATIONAL HOUSING GOAL AFFIRMED, ETC. No. 248 (House Resolution No. 560-1142). A Resolution. Affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes. Whereas, the Federal Housing and Urban Development Act of 1968 reaffirmed the national housing goal expressed in the Federal Housing Act of 1949 of, the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family; and

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Whereas, the State of Georgia should affirm this goal and actively undertake activities in its support; and Whereas, there has been no substantial improvement in meeting Georgia's housing needs since 1960 when less than 60 per cent of all units were considered to be standard and sound and almost one-half million units were below standard; and Whereas, a great number of these substandard units have been demolished without being replaced since most cleared land was used for commercial and industrial purposes; and Whereas, the Federal Housing Act of 1969 requires that housing units be provided in areas where units will be demolished or removed as a result of urban renewal projects; and Whereas, there is a critical housing shortage in Georgia in both urban and rural areas, and the State should lend its full support to the achievement of the national housing goal by establishing a State Housing Goal. Now, therefore, be it resolved by the General Assembly of Georgia that the National Housing Goal is hereby affirmed and supported and that the Governor is hereby authorized and directed to develop a State Housing Goal, and shall prepare a State Housing Goal Report for presentation to the General Assembly at each regular session of the General Assembly. Said report shall identify housing needs and housing accomplishments and outline plans for achieving the State Housing Goal. 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 Lester Maddox, Governor of the State of Georgia, Honorable Richard M. Nixon, President of the United States, Honorable George L. Romney, Secretary, Federal Department of Housing and Urban Development, and to

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each member of the Georgia Delegation to the United States Congress. Approved March 24, 1970. GOVERNOR'S TRAFFIC SAFETY STUDY COMMITTEE. No. 253 (House Resolution No. 614-1241). A Resolution. Creating the Governor's Traffic Safety Study Committee; and for other purposes. Whereas, for the past several years the General Assembly has provided for the creation of an interim study committee charged with the responsibility of studying the needs of this State as they relate to highway and traffic safety programs; and Whereas, recent developments at the federal level have made it mandatory that the several states devise a comprehensive highway and traffic safety program designed to reduce the number of traffic accidents, deaths, injuries and property damage; and Whereas, under the provisions of recently enacted federal legislation there is a continuing and pressing need for the adoption of laws and programs designed to reduce the number of traffic accidents in order that this State shall not be penalized through reduction of federal highway funds which are authorized to be received by the State. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Governor's Traffic Safety Committee to be composed of five members of the House of Representatives to be appointed by the Speaker thereof, five Senators to be appointed by the Lieutenant Governor and five members, not legislative

Page 846

members, to be appointment by the Governor. The committee shall reassess the needs of this State insofar as highway traffic safety laws and programs are concerned. Be it further resolved that the members of the committee shall receive the compensation, per diem and allowances authorized for legislative members of interim legislative committees from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations to the 1971 Session of the General Assembly at which time it shall be abolished. Approved March 24, 1970. OFFICIAL STATE FISH DESIGNATED. No. 254 (House Resolution No. 623-1257). A Resolution. Designating the largemouth bass as the official State fish; and for other purposes. Whereas, found within this State are some of the most picturesque and splendid fishing waters within the United States; and Whereas, for many years Georgia has been known throughout the world as a fisherman's paradise, affording unparalleled opportunities for those wishing to engage in the fine sport of fishing; and Whereas, there has never been designated for the State of Georgia an official State fish; and Whereas, the world's largest largemouth bass was taken from the waters of one of Georgia's streams. Now, therefore, be it resolved by the General Assembly

Page 847

of Georgia that the largemouth bass is hereby designated Georgia's official State fish. Approved March 24, 1970. DELINQUENT OFFENDER AND JUVENILE COURT LAW STUDY COMMITTEE. No. 256 (House Resolution No. 621-1248). A Resolution. Creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes. Be it resolved by the General Assembly of Georgia that there is hereby created the Deliquent Offender and Juvenile Court Law Study Commission. The Commission shall be composed of fourteen (14) members as follows: Three (3) members of the House of Representatives to be appointed by the Speaker; three (3) members of the Senate to be appointed by the President of the Senate; and eight (8) members to be appointed by the Governor, two (2) of whom shall be juvenile court judges who are not superior court judges, one (1) of whom shall be a superior court judge, three (3) of whom shall be selected from faculties of the law schools of Emory University, the University of Georgia, and Mercer University, and two (2) of whom shall be citizens of the State experienced in social work. The Commission shall study the delinquent offender and the juvenile court procedures of Georgia and other states, and shall elicit views from experts in juvenile affairs, juvenile detention, rehabilitation and laws. It shall study recent court decisions affecting juveniles and shall oversee the implementation of Georgia's Juvenile Court Law, and shall determine what revisions, if any, are necessary and desirable. It shall investigate juvenile detention and rehabilitation facilities to see what improvements can be generated from the State level, and whether or not

Page 848

Federal funds can be obtained for improving such facilities and programs. The members of the Commission shall be appointed within thirty (30) days after approval of this Resolution by the Governor or after it otherwise becomes law. The members shall meet within thirty (30) days after all members have been appointed for the purpose of organizing, electing a chairman and such officers as are deemed advisable and adopting the procedures for the operation of the Commission. The Commission shall remain in existence until December 31, 1971, at which time the Commission shall present to the Governor and General Assembly a report and proposed legislation, if legislation is deemed by the Commission to be necessary. 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 ten (10) 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 avialable 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. Section 2. This Resolution 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. Approved March 24, 1970. COMPENSATORY TIME OFF FOR STATE PATROLMEN. No. 264 (House Resolution No. 703-1460). A Resolution. Authorizing and directing the Director of the Department of Public Safety to arrange the work schedules of State Patrolmen in such a fashion that each patrolman shall be given compensatory time off, within 30 days, when they are required to work on State holidays; to repeal conflicting laws; and for other purposes. Whereas, the men of the State Patrol work long and hard hours keeping the highways and desolate areas of the State safe and secure for the citizens of Georgia, especially on holidays when drivers of automobiles find themselves locked in with an irresistible impulse to speed and disregard safe driving techniques; and Whereas, each State Patrolman is called upon to risk his life and limb for the people of Georgia, and sometimes the job is thankless, especially when the men of the State Patrol are not given compensatory time off for the holidays they spent working while others were out celebrating or resting; and Whereas, it is time that these deficiencies are corrected. Now, therefore, be it resolved by the General Assembly that the Director of the Department of Public Safety is hereby authorized and directed to arrange the work schedules of State Patrolmen in such a fashion that each patrolman shall be given compensatory time off for each

Page 850

day, which is also a legal State holiday, he is required to work, which compensatory time off shall be within 30 days of the holiday involved, except where such day of compensatory time off coincides with an emergency situation, in which event the compensatory time off shall be postponed to such time as the emergency no longer exists. Be it further resolved that all laws and parts of laws in conflict with this Resolution are repealed. Approved March 24, 1970. LEASE OF AIR RIGHTS OF DESCRIBED PROPERTY ACCEPTED. No. 267 (House Resolution No. 740-1590). A Resolution. Accepting the bid of Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, For The Lease Of The Air Rights (Including The Right of Necessary Supports and Appurtenances) Above The Property Owned By The State of Georgia Partially Occupying The Space Betwen The Forsyth Street Viaduct And The Spring Street Viaduct In The City of Atlanta, Fulton County, Georgia; Said Air Rights Being Now Occupied In Party By a Structure Which Is Commonly Referred To And Known As The Atlanta Union Passenger Station Of The Western And Atlantic Railroad Which Includes A Private Drive Running Between The Spring Street Viaduct And The Forsyth Street Viaduct And The Station Parking Area; and for other purposes. Whereas, by an Act of the General Assembly of the State of Georgia, entitled State Properties Control Code, approved February 21, 1964 [Ga. L. 1964, pp. 146-158 (Chapter 91-1A of The Code of Georgia)], and by the Acts and Resolutions amendatory thereof and

Page 851

supplemental thereto, there was created a commission to be known as the State Properties Control Commission, (hereinafter sometimes referred to as the Commission) which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing, and to lease the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western And Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the station parking area. The Commission is further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the said air rights should be leased and is 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 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 air rights and the right of the State of Georgia and the Commission to lease them are subject to certain rights, privileges, and interests presently vested in the Louisville and Nashville Railroad Company as lessee under a certain lease dated May 4, 1968, by and between the Louisville and Nashville Railroad Company and the State of Georgia, acting through the State Properties Control Commission (the published form of said lease, hereinafter referred to as the March 4, 1968 Lease, may be found in Ga. Laws 1968, pp. 57-112), the term of which lease ends on December 31, 1994; and

Page 852

Whereas, the Commission, in a regularly assembled meeting, has by its resolution agreed to lease the said air rights (including the right of necessary supports and appurtenances) subject to the March 4, 1968 Lease and upon the provisions, covenants, terms and conditions contained in the proposed lease attached to, incorporated in and by reference made a part of this Resolution; and Whereas, the Commission did therefore, in accordance with Section 91-104 A. (b) of the State Properties Control Code, obtain a plat of survey of the aforesaid air rights by a Georgia Registered Land Surveyor and two appraisals of the value of said air rights by two qualified appraisers, both of whom are members of the American Institute of Real Estate Appraisers; and Whereas, the Commission did determine the proper form of the Advertisement, Invitation For Bids, Instructions To Bidders and complete forms of both the Bid and Lease of the aforesaid air rights, after Commission meetings and conference with, and public hearings attended by, representatives of parties who had indicated an interest in leasing the aforesaid air rights; and Whereas, formal advertisement for competitive bids pursuant to the Invitation For Bids was made as required by Section 91-109A. (b) of the State Properties Control Code; and Whereas, at the bid opening publicly held on January 22, 1970, only one bid was received which was from Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, in the amount of $73,000.00 base annual rental, plus an annual rental escalation factor of 1%; and Whereas, on January 26, 1970, the Commission, after due consideration and discussion at public meetings, formally determined Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture partnership, to be the highest responsible bidder for the lease of the aforesaid air rights; and

Page 853

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

Page 854

and complete form of the Bid are attached to, incorporated in and by reference made a part of this Resolution; and Whereas, also attached to, incorporated in and by reference made a part of this Resolution are certified corporate resolutions and copies of financial statements of Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc.; and Whereas, the General Assembly has carefully considered the said bid and the said proposed lease and has determined that they should be accepted. Now, Therefore, be it resolved by the General Assembly of Georgia that the proposed bid and lease are hereby accepted and the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute the said lease for and on behalf of the State of Georgia and the State Properties Control Commission. Be it further resolved that the State Treasurer, as Treasurer of the State Properties Control Commission, is directed to retain the $73,000.00 Bid Security submitted by Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, as required in, and in accordance with, the provisions of the Instructions To Bidders, until Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., A Joint Venture Partnership, has deposited with the said Treasurer all of the security required by paragraph NINE (9) of ARTICLE II of the proposed lease or until the State Properties Control Commission determines that Downtown Development Corp., F. M. Air Rights Company and City Center, Inc., A Joint Venture Partnership, has declared or demonstrated their intention before the term of the proposed lease commences, not to be bound by the proposed lease and the State Properties Control Commission therefore declares the said Bid Security forfeited to the State of Georgia as fixed and liquidated damages for such failure and not as a penalty.

Page 855

Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit a copy of the Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc. 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 air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the Station Parking Area. 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 2:55 p.m., E.S.T., January 22, 1970, to be opened by the Governor as its Chairman or by another officer of the State Properties Control Commission at 3:00 p.m., E.S.T., January 22, 1970, in the State Capitol, Atlanta, Georgia, for the leasing of the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights

Page 856

being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the Station parking area. The said air rights (including the right of necessary supports and appurtenances) are 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 To Bidders set forth the terms and conditions of this Invitation. Copies of said Instructions To Bidders, including the complete form of both the Bid and Lease, may be obtained on written 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 air rights (including the right of necessary supports and appurtenances) in accordance with the said Instructions To Bidders and with all the provisions, covenants, terms and conditions contained in the form of Lease attached to, incorporated in, and by reference made a part of the Instructions To Bidders 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, and also subject to all applicable provisions, covenants, agreements, terms and conditions contained in that certain lease dated March 4, 1968, by and between the State of Georgia, acting through the State Properties Control Commission, and the Louisville and Nashville Railroad Company, (the published form of said lease dated March 4, 1968, may be found in Ga. Laws 1968, pp. 57-112). The State Properties Control Commission reserves the

Page 857

right to reject any or all bids and to waive any and all informalities in bidding. This 29th day of December, 1969. STATE PROPERTIES CONTROL COMMISSION /s/ Ben W. Fortson, Jr. 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 and conditions for Bids for the leasing of the air rights (including the right of necessary supports and appurtenances) more particularly identified hereafter. The attached form of Lease is incorporated in, and by reference made a part of these Instructions To Bidders: The Property to be Leased The air rights (including the right of necessary supports and appurtenances) which are advertised for bidding are those air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the Station parking area. The said air rights (including the right of necessary supports and appurtenances) are more particularly described in

Page 858

Article I of the form of Lease attached to, incorporated in, and by reference made a part of these Instructions To Bidders. Form of Lease No additions, deletions, changes, substitutions or explanations shall be made by any of the bidding parties to the attached form of 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 A 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 spaces and fill in all the blanks for the amount of base annual rental and amount of escalation factor in Exhibit A, which said Exhibit A, is attached to, incorporated in and by reference made a part of the Bid form. No additions (except as provided and requested in these Instructions To Bidders and the Bid form), deletions, changes, substitutions or explanations shall be made by any bidding party to 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 bid by an individual shall be signed by the bidder with his usual signature. A bid by a partnership must furnish the full names

Page 859

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. A bid by a corporation must be signed with the legal name of the corporation (followed in parentheses by the name of the state of incorporation), followed by the signature and designation of the president or other person duly authorized to execute and bind the corporation in its bid. The execution shall be attested to by the Secretary or other person duly authorized to attest to contracts of the corporation. A proper corporate resolution authorizing the bid must be attached to the Bid form. The corporate seal of the corporation must also be affixed to the 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 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; the bid identification as follows: Atlanta Union Passenger Station of the Western and Atlantic Railroad; 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

Page 860

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 State Properties Control Commission, in the amount of one hundred (100) per cent of the base annual rental bid. Such checks shall be returned to all unsuccessful bidders within thirty (30) days after the Lease has been executed by the bidder whose bid has been accepted by the State Properties Control Commission or after all bids have been rejected by the State Properties Control Commission. However, the check of the bidder whose bid has been accepted by the State Properties Control Commission shall be retained by the State Properties Control Commission until he has deposited all of the rental payment security required by paragraph nine (9) of Article II of the attached form of Lease. Liquidated Damages If the bidder whose bid has been accepted by the State Properties Control Commission fails or refuses to enter into the Lease, pursuant to the requirements of the Instructions To Bidders, 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 and liquidated damages and not as a penalty, and the State Properties Control Commission shall collect the same for the benefit of the State of Georgia. Opening of Bids Sealed 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 2:55 p.m., E.S.T., January 22, 1970, to be opened by the Governor as its chairman

Page 861

or by another officer of the State Properties Control Commission at 3:00 p.m., E.S.T., January 22, 1970, in the 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. Acceptance of Bid of Highest Responsible Bidder by State Properties Control Commission 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 To Bidders, and the bid of the highest responsible formal bidder therefor by the State Properties Control Commission, shall be accepted unless in the judgment of the State Properties Control Commission it shall be in the best interest of the State of Georgia to reject any or all bids, or to waive any and all informalities in bidding. In either event, the State Properties Control Commission shall proceed accordingly. The high bid shall be ascertained as follows: The total return in dollars to the State of Georgia for the first (1st) twenty-five (25) years of the lease term to be computed in accordance with paragraph Two (2) of Article II of the form of Lease which is attached to, incorporated in and by reference made a part hereof. The highest such total shall be the high bid. The bidder whose bid is accepted by the State Properties Control Commission must enter into the Lease in the form attached hereto within ten (10) days from the date of receiving written notice of the acceptance of his bid by the State Properties Control Commission. 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 or instruments conveying an interest in real property.

Page 862

The signing of the Lease shall constitute a bid by the prospective Lessee and shall be subject to approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. After execution of the lease by the prospective lessee, such bid shall thereafter not be subject to revocation by the prospective Lessee unless the bid is completely rejected by the General Assembly. Withdrawal of Bid A bid may be withdrawn only on the written or telegraphic request of the bidder received by Ben W. Fortson, Jr., Secretary, State Properties Control Commission, Room 214, State Capitol, Atlanta, Georgia 30334, prior to the time fixed for the opening of bids. Negligence on the part of the bidder in preparing his bid confers no right for the withdrawal of the bid after it has been publicly considered by the State Properties Control Commission. This 29th day of December, 1969. STATE PROPERTIES CONTROL COMMISSION /s/ Ben W. Fortson, Jr. 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

Page 863

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 made in good faith and 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, the Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended, and the applicable provisions, agreements, terms and conditions contained in that certain lease dated March 4, 1968, by and between the State of Georgia, acting through the State Properties Control Commission, and the Louisville and Nashville Railroad Company, (the published form of said lease dated March 4, 1968, may be found in Ga. Laws 1968, pp. 57-112). The undersigned acknowledges that the Lease to be entered into is subject to the approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The attached Invitation For Bids, Instructions To Bidders and the form of Lease are hereby incorporated 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 Two (2) of Article II of the attached Lease form. As heretofore stated in the Preparation Of Bids in the Instructions To Bidders, 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. As further stated in the Preparation Of Bids in the Instructions To Bidders, 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 spaces and to fill in all of the blanks provided for amount of base annual rental and amount of escalation

Page 864

factor in Exhibit A, which said Exhibit A is attached to, incorporated in and by reference made a part of this Bid form. As still further stated in the Preparation Of Bids in the Instructions To Bidders, no additions (except as provided and requested in the Instructions To Bidders and this Bid), deletions, changes, substitutions or explanations shall be made by any bidder to 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 State Properties Control 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 cashiers' check drawn on a bank within the State of Georgia, and made payable to the order of the State Properties Control Commission, in the amount of one hundred (100) 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 so deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the State of Georgia and paid into the Treasury of the State of Georgia as fixed and liquidated damages for such failure and not as a penalty. The full name and business address of each party interested

Page 865

in this Bid, as principal, is as follows: DOWNTOWN DEVELOPMENT CORP., F. M. AIR RIGHTS COMPANY, and CITY CENTER, INCORPORATED, a Joint Venture, Suite 400, 300 Interstate North, N. W., Atlanta, Georgia 30339, composed of Downtown Development Corp., a Georgia corporation and a wholly owned subsidiary of Cousins Properties, Inc.; F. M. Air Rights Company, a Delaware corporation and a wholly owned subsidiary of the Fidelity Mutual Life Insurance Company, Philadelphia, Pennsylvania; and City Center, Incorporated, a Georgia corporation of Atlanta, Georgia. Signed and sealed this, the 22d day of January, 1970. DOWNTOWN DEVELOPMENT CORP., F. M. AIR RIGHTS COMPANY and CITY CENTER, INCORPORATED, a Joint Venture by DOWNTOWN DEVELOPMENT CORP., (SEAL) Managing Partner. By: /s/ Lloyd T. Whitaker, (Seal) President, Downtown Development Corp. ATTEST: /s/ Robert P. Hunter, Jr. Secretary, Downtown Development Corp. ARTICLE II RentsRental Bond TWO: Lessee covenants and agrees that as rent for the said premises herein leased Lessee will pay in advance into the treasury of the State of Georgia during each and every year of the full term of this lease, an amount equal to a base annual rental of Seventy Three Thousand dollars ($73,000.00) in lawful money of the United States of America. Said base annual rental shall be the full rental due for the first (1st) year of this lease and shall be due and payable on the day of execution of this lease; provided, however, the same may be

Page 866

paid at Lessee's option in twelve (12) equal monthly installments beginning on the day of execution of this lease and continuing on or before the same day of each month thereafter. On or before the anniversary of the day of execution of this lease in each succeeding year of this lease for the remainder of the first twenty-five (25) years of the lease term, Lessee shall pay said base annual rental for the succeeding year and shall, along with the said base annual rental, pay each year an additional rental in an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of one per cent (1%) times the number of years this lease has run through the end of the preceding lease year at the base annual rental then applicable. The sum of the base annual rental and the additional escalation rental is sometimes hereinafter referred to as the total rental. The total rental due and payable for any year of the term of this lease may be paid, at Lessee's option, in twelve equal monthly installments during the year for which such rental is due and payable on or before the same day of each month as the day of execution of this lease. CERTIFIED RESOLUTION I, the undersigned, hereby certify that I am the Secretary of Downtown Development Corp. and that the following is a true copy of a resolution duly adopted at the meeting of the Board of Directors of Downtown Development Corp. held after proper legal notice given in accordance with the by-laws of the corporation, on January 21, 1970 at 4:00 p.m., at 300 Interstate North, Atlanta, Georgia, at which a quorum of Directors was present, and that such resolution has not been altered, repealed or amended and remains in full force and effect: WHEREAS, Downtown Development Corp is the managing partner of the affairs of the partnership composed of Downtown Development Corp., F.M. Air Rights Company, and City Center, Incorporated; and WHEREAS, the partnership now has a leasehold interest

Page 867

in certain air rights located in Atlanta, Georgia, owned by the State of Georgia; and WHEREAS, the partnership has improved the leasehold with a substantial structure commonly known as `The Decks'; and WHEREAS, it has come to the attention of the partners that additional air rights in Atlanta, Georgia, owned by the State of Georgia, are now up for public bids, the property being generally known as the Union Station Property; and WHEREAS, the partners have determined that it would be in the best interest of the partnership for its total development project of the Air Rights to submit a bid on the Union Station Property; NOW, THEREFORE, BE IT RESOLVED, that a bid to be submitted to the State of Georgia, through the State Properties Control Commission, in the name of Downtown Development Corp., F. M. Air Rights Company, and City Center, Incorporated, a Joint Venture, for the purpose of bidding on the leasehold interests in the air rights known as the Union Station Property; and FURTHER RESOLVED, that the President, Vice-President, Secretary or Assistant Secretary of this corporation, as managing partner, is authorized to: (1) Execute and deliver a bid on the form provided and otherwise in accordance with the `Invitation for Bids, Instructions to Bidders, and Complete Forms of Both the Bid and Lease, Concerning the Proposed Leasing of the Air Rights (Including the Right of Necessary Supports and Appurtenances) Above the Property Owned by the State of Georgia Partially Occupying the Space Between the Forsyth Street Viaduct in the City of Atlanta, Fulton County, Georgia; Said Air Rights Now Being Occupied in Part by a Structure which is Commonly Known as the `Atlanta Union Passenger Station of the Western Atlantic Railroad' Which Includes a Private Drive Running

Page 868

Between the Spring Street Viaduct and the Forsyth Street Viaduct and the Station Parking Area' duly promulgated by the State Properties Control Commission of the State of Georgia. (2) Execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said air rights known as the `Atlanta Union Passenger Station of the Western Atlantic Railroad'. (3) To execute such papers, incur such expenses, and perform all such other acts as are necessary and appropriate in carrying out the intention of this resolution and in effecting said bid and lease on said air rights known as `Atlanta Union Passenger Station of the Western Atlantic Railroad' and to perform all other things incidental or related thereto. As Secretary of this corporation, I hereby certify that the following individuals are the designated officers of this corporation set forth in the above resolution: Lloyd T. Whitaker, President T. G. Cousins, Vice-President A. D. Cannon, Jr., Vice-President Robert P. Hunter, Jr., Secretary C. D. Conlee, Assistant Secretary IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of this corporation this 21st day of January, 1970, and certify that the charter and bylaws of said corporation do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation. /s/ Robert P. Hunter, Jr. Secretary

Page 869

Form of lease of the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the station parking area. 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. L. 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, (hereinafter referred to as the Commission) which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing, and to lease the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western And Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the station parking area. The Commission is further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the said air rights should be leased and is further authorized and empowered to agree upon all the provisions, covenants, terms, conditions and details of a formal lease contract, which upon being

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prepared by the 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 air rights and the right of the State of Georgia and the Commission to lease them have been subject to certain rights, privileges, and interests vested in the Louisville And Nashville Railroad Company as successor to the rights, privileges, and interests of The Nashville, Chattanooga St. Louis Railway as lessee under a certain lease dated May 11, 1917, by and between The Nashville, Chattanooga St. Louis Railway and the State of Georgia (a copy of said lease may be found in the records of the Secretary of State of the State of Georgia) which said lease (hereinafter referred to as the May 11, 1917 Lease) ended on December 27, 1969; and WHEREAS, the said air rights and the right of the State of Georgia and the Commission to lease them are subject to certain rights, privileges, and interests presently vested in the Louisville And Nashville Railroad Company as lessee under a certain lease dated May 4, 1968, by and between the Louisville And Nashville Railroad Company and the State of Georgia, acting through the State Properties Control Commission (the published form of said lease, hereinafter referred to as the March 4, 1968 Lease may be found in Ga. L. 1968, pp. 57-112), the term of which lease begins from and immediately at the termination of the May 11, 1917 Lease and ends on December 31, 1994; and WHEREAS, the Commission, in a regularly assembled meeting, has by resolution agreed to lease the said air rights (including the right of necessary supports and appurtenances) subject to the March 4, 1968 Lease and upon 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

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the 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 by the Commission, accepted and executed by the prospective lessee, and approved by the General Assembly, the same shall be executed by the Chairman of the Commission for and on behalf of the Commission and the State of Georgia: NOW, THEREFORE, THIS INDENTURE OF LEASE, entered into 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 Downtown Development Corp., FM Air Rights Company and City Center, Inc., a Joint Venture Partnership, Party (Parties) of the Second Part [If More Than One (1) 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. L. 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 Commission] for and in consideration of the premises and of the rents, provisions, covenants, terms and conditions hereinafter set forth does hereby let, lease and demise, subject to the March 4, 1968 Lease (including but not limited to, all clearance and track relocation provisions and all railroad operational requirements thereof) unto Lessee and Lessee does hereby take, lease and hire, subject to the March 4, 1968 Lease

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(including but not limited to, all clearance and track relocation provisions and all railroad operational requirements thereof) from Lessor, for a term of years commencing from and immediately on the day of execution of this lease by the Chairman of the Commission (hereinafter referred to as the day of execution of this lease) and expiring at 12:00 o'clock midnight on December 27, 2044, unless this lease shall be sooner terminated as hereinafter provided, all the right, title and interest which the Lessor has in and to the air rights (including the right of necessary supports and appurtenances) above the property owned by the State of Georgia partially occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, Fulton County, Georgia; said air rights being now occupied in part by a structure which is commonly referred to and known as the Atlanta Union Passenger Station of the Western And Atlantic Railroad which includes a private drive running between the Spring Street Viaduct and the Forsyth Street Viaduct and the station parking area. The limits of the said air rights are more particularly described on a plat of survey made by Ernest L. Boggus, Georgia Registered Land Surveyor No. 496, dated October 31, 1969, revised January 15, 1970, and entitled SURVEY OF AIR RIGHTS OCCUPIED BY THE ATLANTA UNION STATION OF THE WESTERN ATLANTIC RAILROAD INCLUDING A PRIVATE DRIVE BETWEEN SPRING AND FORSYTH STREETS, a copy of said plat of survey being attached hereto, marked Exhibit A, and by reference specifically incorporated into and made a part of this description. The limits of the said air rights as depicted on the aforesaid plat of survey are bounded as follows: On the northwest by those air rights described as Tract 5 in a lease dated December 26, 1950, between the Western And Atlantic Railroad Commission and Peachtree-Whitehall, Inc., and by the Spring Street Viaduct; On the southwest by the southwesternmost edge of the viaduct depicted on the said plat of survey and labeled PRIVATE DRIVE; On the southeast by the Forsyth Street Viaduct; On the northeast by the northeasternmost boundary line of the Right of Way of the Western

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and Atlantic Railroad as of October 31, 1969. The said air rights shall extend no lower than a plane established at a level determined by the applicable vertical clearance provisions of Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and extended outwardly to the boundaries of the said air rights as depicted on the aforesaid plat of survey. Also included in this lease are: (1) all buildings, other structures, or alteration that may be constructed and located within the said air rights (including the right of necessary supports and appurtenances) on the day of execution of this lease; and (2) all other improvements of any nature or kind that may be located in any of said buildings, other structures, or alteration, or within the said air rights (including the right of necessary supports and appurtenances) on the day of execution of this lease. However, if prior to the delivery of possession of the above-referenced properties, any of the buildings, other structures, alteration or improvements located within the said air rights (including the right of necessary supports and appurtenances) on the day of execution of this lease shall be damaged, removed, altered or destroyed, in whole or in part, whether insured or not, this lease shall not be void or voidable by Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom. 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 for the full term of this lease in accordance with and in compliance with all of the provisions, covenants, terms and conditions of this lease and subject to the March 4, 1968 Lease (including but not limited to, all clearance and track relocation provisions and all railroad operational requirements thereof).

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ARTICLE II RentsRental Bond TWO: Lessee covenants and agrees that as rent for the said premises herein leased Lessee will pay in advance into the treasury of the State of Georgia during each and every year of the full term of this lease, an amount equal to a base annual rental of Seventy Three Thousand dollars ($73,000.00) in lawful money of the United States of America. Said base annual rental shall be the full rental due for the first (1st) year of this lease and shall be due and payable on the day of execution of this lease; provided, however, the same may be paid at Lessee's option in twelve (12) equal monthly installments beginning on the day of execution of this lease and continuing on or before the same day of each month thereafter. On or before the anniversary of the day of execution of this lease in each succeeding year of this lease for the remainder of the first twenty-five (25) years of the lease term, Lessee shall pay said base annual rental for the succeeding year and shall, along with the said base annual rental, pay each year an additional rental in an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of ONE per cent (1%) times the number of years this lease has run through the end of the preceding lease year at the base annual rental then applicable. The sum of the base annual rental and the additional escalation rental is sometimes hereinafter referred to as the total rental. The total rental due and payable for any year of the term of this lease may be paid, at Lessee's option, in twelve equal monthly installments during the year for which such rental is due and payable on or before the same day of each month as the day of execution of this lease. THREE: Subject to the provision that the base annual rental shall in no instance ever be reduced to an amount lower than that specified in paragraph Two (2) of this Article II, the said base annual rental shall be subject to adjustment during the term of this lease in

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the manner set forth in the succeeding paragraphs of this Article II. FOUR: Six (6) months before the expiration of the twenty-fifth (25th) year of the term of this lease, the Lessor and the Lessee shall determine, in the manner set forth in paragraph Five (5) of this Article II, a new base annual rental which shall be the rental for the twenty-sixth (26th) year of the lease term. For the ensuing twenty-four (24) years of the lease term, the new base annual rental payable by Lessee shall be subject to escalation in the same manner and by the same percentage factor as set forth in paragraph Two (2) of this Article II. FIVE: The said new base annual rental shall be determined by computing the average of three (3) appraisals of the then fair rental value of the premises herein leased. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half () of the cost of the third 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 air rights (including the right of necessary supports and appurtenances) if available for development to the highest and best use at the time of the said appraisals, the value of any buildings, other structures, alteration, or improvements on or within the leased premises, the fact that such buildings, other structures, alteration or improvements have been constructed, built, and financed by Lessee but 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. SIX: Six (6) months before the expiration of the fiftieth

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(50th) year of this lease, a new base annual rental shall be determined in the same manner as set forth in paragraph Five (5) of this Article II, with that new base annual rental being the rental for the fifty-first (51st) year of the lease term. For the remaining years of the lease term the new base annual rental payable by Lessee shall be subject to escalation in the same manner and by the same percentage factor as set forth in paragraph Two (2) of this Article II. SEVEN: Payment of all rental and all other sums due to Lessor under this lease shal be made payable to the State of Georgia and delivered to the State Treasurer of Georgia. EIGHT: In the event the Lessee shall fail or refuse to pay the aforesaid rental or any equal monthly installment thereof as elected by Lessee to the Treasurer of the State of Georgia within five (5) days after the time named in this Article II for the payment of such rental, the Lessor, upon giving thirty (30) days written notice thereof to the Lessee, may collect out of the rental payment security on deposit with Lessor the amount of such unpaid rental as fixed and liquidated damages and not as a penalty. If at any time the Lessee shall be in arrears in an amount as much as one (1) year's rental, the Lessor may declare a default, and, at its option, elect to follow one of the options provided in paragraph Sixty-Nine (69) or Article XI of this lease. NINE: Lessee further agrees to deposit with, prior to the day of execution of this lease, and to thereafter maintain with, the Treasurer of the State of Georgia as rental payment security (1) 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 an amount equal to two (2) times the then current base annual rental as determined in this Article II of this lease; or,

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(2) recognized valid bonds of the United States Government having a then aggregate par value equal to two (2) times the then current base annual rental as determined in this Article II of this lease; or, (3) such other security as may be acceptable to the Commission having a value equal to two (2) times the then current base annual rental as determined in this Article II of this lease. If at any time after the day of execution of this lease, the Lessor shall determine that the security so deposited and maintained is inadequate, Lessee shall, within thirty (30) days following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other or additional bonds or such other security as the Commission may reasonably require. TEN: Lessee, in good faith, and after the initial deposit, shall have the privilege of changing and interchanging such deposited security from time to time upon the express written approval of Lessor. ELEVEN: Lessee, having fully complied with paragraph Nine (9) of this Article II, shall have the right to any and all interest that may accumulate on any security other than cash so deposited. TWELVE: If upon the termination of this lease, Lessee shall have well and truly performed the undertakings, duties and obligations of this lease, any security on deposit with the Lessor pursuant to paragraph Nine (9) of this Article II shall be returned to the Lessee. ARTICLE III Delivery Of Possession By Lessor And Adjustment Of Payment Of Rental By Lessee THIRTEEN: The right is hereby expressly reserved to the Lessor to delay delivery of possession of said

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premises to Lessee after the day of execution of this lease until: (1) (a) The ninetieth (90th) day after the final authorization and effectuation of discontinuance of passenger train service originating or terminating in the Atlanta Union Passenger Station and being operated over substantially the entire length of the Western And Atlantic Railroad; and (b) The receipt by the Commission of written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that an agreement reasonably satisfactory to Lessor and the Louisville And Nashville Railroad Company has been arrived at between that Company and the Lessee, concerning how the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and assumed by the Lessee hereunder, shall be complied with; and (c) The receipt by the Commission of written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that the Louisville And Nashville Railroad Company relinquishes to Lessor such possessory rights as it may have under the March 4, 1968 Lease to the premises, including the said Atlanta Union Passenger Station and all other air space between Forsyth and Spring Streets: OR (2) (a) The day of completion of Lessee's compliance with the obligations of Lessee as set forth in paragraphs Sixteen (16) through Twenty (20) of Article IV of this lease; and (b) The receipt by the Commission of written notce, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville

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Railroad Company to give such written notice, that an agreement reasonably satisfactory to Lessor and the Louisville And Nashville Railroad Company has been arrived at between that Company and the Lessee, concerning how the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and assumed by the Lessee hereunder, shall be complied with; and (c) The receipt by the Commission of written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice that the Louisville and Nashville Railroad Company relinquishes to Lessor such possessory rights as it may have under the March 4, 1968 Lease to the Premises, including the said Atlanta Union Passenger Station and all other air space between Forsyth and Spring Streets: whichever shall first occur. FOURTEEN: The exercise by Lessor of the right to delay delivery of possession of the said premises as set forth in paragraph Thirteen (13) of this Article III shall not make this lease void or voidable by Lessee, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom; but in the event that Lessor shall delay delivery of possession of the said premises as set forth in paragraph Thirteen (13) of this Article III, Lessee shall be required to pay, in lieu of the base annual rental and the additional rental as set forth in paragraph Two (2) of Article II of this lease, a rental during the period between the day of execution of this lease and the time when Lessor delivers possession according to the following schedule: (a) during the first year of the term of this lease, ten (10) per cent of the base annual rental; (b) during the second year of the term of this lease, twenty (20) per cent of the total rental due in that year

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as provided in paragraph Two (2) of Article II of this lease; (c) during the third year of the term of this lease, thirty (30) per cent of the total rental due in that year as provided in paragraph Two (2) of Article II of this lease; (d) during the fourth year of the term of this lease, forty (40) per cent of the total rental due in that year as provided in paragraph Two (2) of Article II of this lease; (e) during the fifth year of the term of this lease, fifty (50) per cent of the total rental due in that year as provided in paragraph Two (2) of Article II of this lease; Provided, however, that the full amount of the total rental as provided in paragraph Two (2) of Article II in this lease for the year in which possession of the said premises is delivered by the Lessor to the Lessee shall be due on the day on which possession is delivered as a condition precedent to the delivery by the Lessor to the Lessee of possession of the said premises. Lessee shall receive rental credit on the full amount of the total rental so due for any amount previously paid by Lessee in that year pursuant to sub-paragraphs (a) through (e) of this paragraph Fourteen (14) of this Article III. If Lessee shall elect to pay the total rental in annual payments, the difference between the total rental and such rental credit as Lessee may have shall be payable as a condition precedent to the delivery by the Lessor to the Lessee of possession of the said premises. If Lessee shall elect to pay the total rental in twelve equal monthly installments, Lessee shall either: (1) pay, as a condition precedent to the delivery of possession of the said premises, any deficiency between the monetary sum of the equal monthly installments

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which Lessee would have previously paid in Lessee had taken possession on the most recent anniversary of the day of execution of this lease and such rental credit as Lessee may have at the time of delivery of possession of the premises; OR (2) receive as a credit toward future equal monthly installments the amount by which Lessee's rental credit exceeds the monetary sum of the equal monthly installments which Lessee would have previously paid if Lessee had taken possession on the most recent anniversary of the day of execution of this lease. After delivery of possession of the premises Lessee may commence making equal monthly installments of said total rental in accordance with the provisions of paragraph Two (2) of Article II of this lease. Provided further that Lessee expressly agrees to accept delivery of possession of the said premises when such delivery of possession is tendered by Lessor. Provided further, however, that if on the fifth (5th) anniversary of the day of execution of this lease Lessee shall have failed to fully comply with and complete all of Lessee's obligations of this lease so as to enable Lessor to deliver possession of the said premises, this lease shall become void by law according to the present provisions of Subsection (b) of Section 91-108A of the said State Properties Control Code. However, it is expressly agreed that as a part of the consideration of Lessor requiring Lessee to pay only the reduced rental pursuant to subparagraphs (a) through (e) of this paragraph Fourteen (14) of this Article III, all rentals due and payable or previously paid by Lessee under the provisions of this lease shall be and remain the property of the Lessor as fixed and liquidated damages and not as a penalty and in addition to whatever other remedies Lessor may have as against Lessee.

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ARTICLE IV Lessee's Obligations To Comply With Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights And Exceptions (E) Entitled Atlanta Depot Property Contained In The March 4, 1968 Lease. FIFTEEN: Lessee hereby expressly agrees that Lessee will, totally at Lessee's own expense and in the stead of Lessor, comply with all of the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and will cause to be delivered to the Commission a written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that: (i) an agreement reasonably satisfactory to Lessor and the Louisville And Nashville Railroad Company has been arrived at between that Company and the Lessee, concerning how the conditions contained in Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease and assumed by the Lessee hereunder, shall be complied with; and (ii) the Louisville And Nashville Railroad Company relinquishes to Lessor such possessory rights as it may have under the March 4, 1968 Lease to the premises, including the said Atlanta Union Passenger Station and all other air space between Forsyth and Spring Streets. Provided, however, that expressly reserved to Lessor is the right of Lessor to negotiate with the Louisville And Nashville Railroad Company the need in such air rights for increased clearances for railroad operations and any agreement entered into by Lessor with the Louisville And Nashville Railroad Company concerning such need shall be binding upon the Lessee so long as the said agreement does not contradict or contravene any clearances previously agreed to by Lessor in approving plans and specifications

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submitted to Lessor by Lessee for proposed construction by Lessee upon or within the premises. SIXTEEN: Lessee hereby further expressly agrees that if the Lessor shall determine after the day of execution of this lease that the uncertainty of the occurrence of the final authorization and effectuation of discontinuance of passenger train service originating or terminating in the Atlanta Union Passenger Station and being operated over substantially the entire length of the Western And Atlantic Railroad (hereinafter referred to in this Article IV as passenger train service) requires compliance by Lessor with the conditions of Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease prior to the discontinuance of such passenger train service so as to prevent this lease from becoming void by law according to the provisions of Subsection (b) of Section 91-108A of the said State Properties Control Code, Lessee will, upon receipt of written notice from Lessor, totally at Lessee's own expense and in the stead of Lessor and prior to the fifth (5th) anniversary of the day of execution of this lease, comply with all of the conditions contained in Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease and cause to be delivered to the Commission a written notice, signed by a person duly authorized and empowered by the Board of Directors of the Louisville And Nashville Railroad Company to give such written notice, that all of the conditions contained in Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease have been fully complied with. SEVENTEEN: Lessee hereby further expressly agrees that any structures and facilities (including structures and facilities supplemental to, sustaining of or relating to passenger train operations, over the Western And Atlantic Railroad, which language shall include, but not be limited to, structures and facilities for handling passengers, mail, baggage and express) purchased, constructed, renovated, or provided by Lessee for the use of and accepted by the Louisville And Nashville Railroad Company as replacement structures and facilities in lieu

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of those portions of the said premises occupied by the said Atlanta Union Passenger Station and the air space between Forsyth and Spring Streets not separately leased as of December 28, 1969, shall be reasonably satisfactory to Lessor as to location, design and physical condition. If the Lessor in its sole discretion should so determine, any such structures and facilities shall be totally physically located: (1) upon real property or within air rights the title to which is held by Lessor or Lessee unencumbered and in fee simple absolute; or (2) upon real property or within air rights separately and directly leased by Lessee or the Louisville And Nashville Railroad Company from Lessor. This agreement by Lessee shall in no way imply, nor shall it be construed to imply, a duty upon Lessor to provide or lease to Lessee a site upon real property or within air rights the title to which is held by Lessor unencumbered and in fee simple absolute upon which Lessee might construct, renovate, or provide the said replacement structures and facilities for the use of and acceptance by the Louisville And Nashville Railroad Company. EIGHTEEN: Lessee expressly agrees that Lessee will totally at Lessee's own expense and without cost to Lessor, complete the said replacement structures and facilities in accordance with such architectural plans, construction plans, construction specifications and construction contracts as were reviewed and approved by the Commission prior to Lessee's commencement of the said actual construction, renovation or provision of the said replacement structures and facilities. Provided, however, if possession of the premises is delivered by Lessor to Lessee prior to the fifth (5th) anniversary of the day of execution of this lease pursuant to subparagraphs (1) (a), (b) and (c) of paragraph Thirteen (13) of Article III of this lease, shall be relieved of Lessee's obligation to complete the said replacement structures and facilities in accordance with such architectual plans, construction plans, construction

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specifications and construction contracts as were reviewed and approved by the Commission. Regardless of whether or not the said replacement structures and facilities are complete, if possession of the premises is delivered by Lessor to Lessee pursuant to subparagraphs (1) (a), (b) and (c), of paragraph Thirteen (13) of Article III of this lease, the Lessee shall be relieved of Lessee's obligation to provide the possession and use of the said replacement structures and facilities to the Louisville And Nashville Railroad Company as set forth in paragraph Nineteen (19) below of this Article IV of this lease, and the right to possession and use of the said replacement structures and facilities as between Lessor and Lessee shall be governed by the terms and conditions of the instrument under which Lessee entered onto the land or into the air space in which the said replacement structures and facilities are or were to be located for the purpose of constructing, renovating, or providing the said replacement structures and facilities. NINETEEN: Lessee hereby further expressly covenants and agrees that if possession of the premises is delivered by Lessor to Lessee prior to the fifth (5th) anniversary of the day of execution of this lease pursuant to subparagraphs (2) (a), (b) and (c) of paragraph Thirteen (13) of Article III of this lease, Lessee shall provide possession and use of the said replacement structures and facilities to the Louisville And Nashville Railroad Company for so long as the said replacement structures and facilities are used and occupied by the Louisville And Nashville Railroad Company as a part of the Western And Atlantic Railroad under the terms and conditions of Exception (E) entitled Atlantic Depot Property of the March 4, 1968 Lease. Upon termination of use and occupancy of the said replacement structures and facilities by the Louisville And Nashville Railroad Company as a part of the Western And Atlantic Railroad under the terms and conditions of Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease or by any lessee of the Western And Atlantic Railroad under lease from Lessor, the right to possession and use of the said replacement structures and facilities as between Lessor and Lessee shall

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be governed by the terms and conditions of the instrument under which Lessee entered onto the land or into the air space in which the said replacement structures and facilities are located for the purpose of constructing, renovating, or providing the said replacement structures and facilities. TWENTY: Lessee hereby further expressly agrees that Lessor shall be promptly notified of all of Lessee's acts, efforts, communications, and endeavors to comply with all of the conditions contained in Exception (A) entitled Air, Mineral and Other Rights and Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease, and that all papers, documents and instruments used, entered into or obtained by Lessee in so complying including, but not limited to, all deeds, leases, easements, subleases, plats, architectural plans, construction plans, construction specifications, construction bonds, construction insurance policies, and construction contracts, shall be subject to prior review and approval by the Commission. TWENTY-ONE: Lessee hereby further expressly agrees that a failure by Lessee to fully comply with and complete all of Lessee's obligations as set forth in paragraphs Fifteen (15) through Twenty (20) of this Article IV prior to the fifth (5th) anniversary of the day of execution of this lease shall constitute a default on the part of Lessee and that in such event Lessor may declare a default and, at its option, elect to follow one of the options provided in paragraph Sixty-Nine (69) of Article XI of this lease. TWENTY-TWO: Lessor expressly agrees that insofar as may be required by the Louisville And Nashville Railroad Company under the terms of the March 4, 1968 Lease, the Lessor shall join in and cooperate with Lessee in complying with all of the conditions of Exception (A) entitled Air, Mineral and Other Rights and of Exception (E) entitled Atlanta Depot Property of the March 4, 1968 Lease, provided that the participation of Lessor therein shall not relieve the Lessee of Lessee's responsibilities

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and obligations to bear the total expense as provided in paragraphs Fifteen (15), Sixteen (16), and Eighteen (18) of this Article IV of this lease. ARTICLE V Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Of The Louisville And Nashville Railroad Company Under The March 4, 1968 Lease TWENTY-THREE: 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 other than the lawful rights, title and interests of the Louisville And Nashville Railroad Company under the March 4, 1968 Lease in, to, and upon the said premises, or any part thereof. To this end, Lessee hereby censents that in addition to the right of Lessor to withhold delivery of possession set forth in paragraph Thirteen (13) of Article III of this lease, Lessor may withhold delivery of possession to Lessee of those portions of the said premises subject to such encroachments and other adverse uses and occupancies until the same shall have been removed or discontinued. Lessor shall undertake to remove and cause the discontinuance of such encroachments, adverse uses and occupancies, acting therein in its own name and behalf as the owner of the premises; however, Lessee will, if and when so requested by Lessor, join with Lessor and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the premises from said encroachments, adverse uses and occupancies. TWENTY-FOUR: If due solely to any such encroachments, adverse uses and occupancies, Lessor cannot beliver possession of the said premises or any portion thereof to Lessee on the day of execution of this lease, this lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting

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therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. TWENTY-FIVE: 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 those portions of the said premises previously subject to such encroachments and other adverse uses and occupancies 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 VI TaxesSpecial AssessmentsRight To Contest Taxes, Etc.Receipts Payment Of Utility BillsAnd Interest TWENTY-SIX: 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 or estate of Lessee created by this lease. TWENTY-SEVEN: 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 is constructed and located thereon during the term of this lease. TWENTY-EIGHT: 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

Page 889

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 notify Lessor of such contest and shall 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-NINE: After all payments are made by the Lessee pursuant to and in conformity with paragraphs Twenty-Seven (27) and Twenty-Eight (28) of this Article VI, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment. THIRTY: Lessee is to be responsible for and shall pay for all water, sanitation, gas, heat, light, power, steam and telephone services and for all other services supplied to the said premises. THIRTY-ONE: If Lessee fails to procure insurance, as hereinafter provided, or fails to pay any taxes, assessments, license fees, excises, imposts, fees, charges, or 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 of the 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 necessary. THIRTY-TWO: Any amounts paid or expended by Lessor under the provision of paragraph Thirty-One (31) of this Article VI shall be reimbursed and paid to Lessor by Lessee on demand. THIRTY-THREE: Any amounts payable under this lease by Lessee to Lessor and not paid when due shall bear

Page 890

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 incur. ARTICLE VII Use Of PremisesAlteration Of Premises Date For Substantial Completion Of Alteration Vesting Of Legal Title To Alteration Abandonment Of PremisesMaintenance And Repair Of PremisesIndemnification And Save And Hold Harmless ProvisionsApproval Of Plans THIRTY-FOUR: 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 the term 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 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 provided Lessee shall first give Lessor notice of such contest. THIRTY-FIVE: Lessee accepts the premises as defined in Article I of this lease as suited for the use intended by Lessee. Lessor shall not be required, during the term of this lease, to make any repairs or alteration to the premises or in any manner to supply maintenance for the premises or any buildings, other structures, alteration, or improvements located thereon or therein. THIRTY-SIX: However, Lessee shall, totally at Lessee's own expense, either add to, renovate, or construct anew (heretofore referred to and hereinafter stated in this lease as alteration) any buildings, other structures,

Page 891

alteration or improvements that may be constructed and located on or in the premises at the time of delivery of possession of the premises. 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. THIRTY-SEVEN: The constructed and substantially completed alteration shall be so designed as to include facilities for the production of rental income. The alteration may, however, if designed for the production of rental income independent of any other property, building or structure, be joined to buildings or structures on adjacent property not owned by Lessor provided Lessee, prior to the termination of this lease and upon the written request of Lessor, and totally at Lessee's own expense, shall sever the said alteration so that the same shall be suitable by and fully capable of the production of rental income independent of any other property, building or structure. Lessee may totally merge the said alteration with buildings or structures on or within adjacent property owned by Lessor, provided that Lessee is at that time the sole and only lessee or assignee of a lessee under a lease of the said adjacent property from Lessor for a term ending on the same date (December 27, 2044) as this lease. It is expressly agreed by Lessee that if the said alteration is so totally merged to such buildings or structures on or within adjacent property owned by Lessor, a default of this lease shall constitute a default of the lease of the adjacent property owned by Lessor and a default of the lease of the adjacent property owned by Lessor shall constitute a default in this lease. THIRTY-EIGHT: While any alteration is being done on the leased premises, including any work done on the leased premises under Article VIII and Article IX hereof, Lessee shall protect all adjacent property, and all railroad property and railroad operations beneath the leased premises. In connection with such protection, and in addition to any other matters in connection therewith that may be agreed to between Lessee and Louisville And Nashville Railroad Company, Lessee agrees that in any

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contracts it shall make with any contractor or contractors who may perform work on or about the leased premises that could create hazards to railroad property or operations, it will require such contractor or contractors to: (a) Obtain and keep in force at the contractor's expense at all times during the performance of such work a policy of Contractor's Public Liability and Property Damage Liability Insurance covering the operatons performed by the Contractor, such policy to have limits of not less than $500,000 for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total of $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and limits of not less than $500,000 for all damage arising out of damage to or destruction of property in any one accident, with an aggregate limit of $1,000,000 for all damages arising out of damage to or destruction of property during the policy period. If any portion of such work is to be performed by other than a prime contractor or contractors, similar insurance having similar limits shall be provided by or on behalf of each subcontractor to cover the operations of each. (b) Obtain and keep in force at the Contractor's expense at all times during the performance of such work, and furnish to Louisville And Nashville Railroad Company and to every other railroad company regularly conducting operations beneath the leased premises, separate policies of standard Railroad Protective Public Liability and Property Damage Liability Insurance for each railroad company, similar in form to such policies being used in connection with grade separation projects over railroad property by the State Highway Department of Georgia, with limits of not less than $500,000 for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident,

Page 893

and limits of not less than $500,000 for all damages arising out of damage to or destruction of property in any one accident, and subject to that limit per accident, an aggregate limit of $1,000,000 for all damages arising out of damage to or destruction of property during the policy period. The policy limits provided for by (a) and (b) above shall be applicable during the year 1970. If at the time work is done by any contractor the value of the dollar has declined appreciably below its purchasing power as of January, 1970, the limits of all insurance called for hereunder shall be increased in approximate proportion to the decline in dollar value. (c) Confer with representatives of Louisville And Nashville Railroad Company prior to the commencement of work, and agree and adhere to all reasonable standards and specifications as may be established by said Railroad Company for the protection of railroad property and operations, including the furnishing by the Railroad of necessary flagging and watchman services at the expense of the Contractor. THIRTY-NINE: Lessee covenants and agrees to substantially complete the alteration to the premises no latter than nine (9) months before the expiration of the twenty-fifth (25th) year of the term of this lease. 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 and liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially completed. Lessee, prior to commencing such alteration, shall deliver to Lessor, for Lessor's approval, preliminary architect's drawings, specifications and cost estimates of the

Page 894

said alteration. After Lessor's aproval has been obtained but prior to Lessee's commencing such alteration, 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 approved by Lessor, and the due payment for all labor and materals 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. Lessee shall construct and complete the alteration, with appurtenant water, sewer, gas and electric wire connections, substantially in accordance with the plans and specifications so submitted to and approved in writing by Lessor except that all supports and appurtenances to the alteration which extend below the air space herein demised shall be constructed and completed in strict accordance with the plans and specifications as submitted to and approved in writing by Lessor. The said plans and specifications shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the area beneath the structures and plans and specifications for any necessary train signaling devices for the operation of railroad engines and cars. The said plans and specifications, including all of the said systems and devices, shall permit railroad operations in a safe, convenient, expeditious, economical and healthful manner. The said approval shall include, but not be limited to, the strength, durability and method of construction as well as the location and design of support members, so that the use of said area for railroad purposes shall not be obstructed, interfered with or endangered. Provided that if after the construction of said structures, Lessor shall reasonably determine that the ventilating, lighting or drainage systems shall not be sufficient, or that notwithstanding the construction of such ventilation or drainage systems, smoke, gas and/or water

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are concentrated or permitted to escape in such a manner or in such quantities as to injure or damage adjoining property, or the property of the State of Georgia, or in such manner as to render Lessor liable in damages to any persons or corporations on account thereof, or to prohibit the use of the Western And Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at its own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwithstanding the approval of Lessor of the original plans for such ventilating or drainage devices, such changes to be specified by Lessor in writing. 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. FORTY: 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 notify Lessor of such contest and shall 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

Page 896

such item shall be paid before the issuance of an execution on the final judgment. FORTY-ONE: The said alteration shall be constructed and substantially completed free of all liens and claims 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 or claim need not be paid until the lien or claim is adjudged to be valid. Provided, however, that Lessee shall first notify Lessor of such contest and shall 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 else, 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. FORTY-TWO: 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.

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FORTY-THREE: 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. FORTY-FOUR: 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-FIVE: 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 or any or all such subleases or subtenancies Provided, however, Lessor agrees that, at the request of Lessee, it will consider the approval of such subleases or subtenancies as may be submitted by Lessee. If Lessor, in its sole discretion approves in writing a sublease or subtenancy, then that sublease or subtenancy shall not terminate upon the voluntary, involuntary, or other surrender of this lease by Lessee, or a mutual cancellation thereof, but shall continue for a term of years equal to the then unexpired term of years of the sublease or subtenancy on the same terms, covenants, and conditions as those contained in said sublease or subtenancy except as to those terms, covenants and conditions as may be rejected or added by the Lessor in Lessor's written approval of such sublease or subtenancy. FORTY-SIX: Lessee shall, at all times during the term of this lease, totally at Lessee's own 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-SEVEN: Lessee will indemnify Lessor against, and save and hold 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. FORTY-EIGHT: 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 occurrence causing damage, injury or death to any and all persons or properties in, upon or about the premises. ARTICLE VIII AdditionSubtractionRenovation Demolition Or Construction Anew Of Said Alteration FORTY-NINE: If the Lessee is not in default in the performance of any of the provisions, covenants, terms and conditions of this lease, Lessee shall have the right to add to, subtract from, renovate, demolish, or construct

Page 899

anew the said alteration with a new alteration of at least the same fair market value. Provided, however, that untile the said alteration required in Article VII of this lease has been constructed and substantially completed, no subsequent complete alteration shall be permitted. If Lessee shall undertake to provide for the replacement of the said alteration with a new alteration, Lessee, prior to commencing such new alteration, shall deliver for Lessor's approval, preliminary architect's drawings, specifications and cost estimates of the said new alteration. Lessee further agrees that Lessee will construct the new alteration, with appurtenant water, sewer, gas and electric wire connections, substantially in accordance with the plans and specifications so submitted and approved in writing by Lessor except that all supports and appurtenances to the alteration which extend below the air space herein demised shall be constructed and completed in strict accordance with the plans and specifications so submitted to and approved in writing by Lessor. The said plans and specifications shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the area beneath the structures and plans and specifications for any necessary train signaling devices for the operation of railroad engines and cars. The said plans and specifications, including all of the said systems and devices, shall permit railroad operations in a safe, convenient, expeditious, economical and healthful manner. The said approval shall include, but not be limited to, the strength, durability and method of construction as well as the location and design of support members, so that the use of said area for railroad purposes shall not be obstructed, interfered with or endangered. Provided that if, after the construction of said new alteration, Lessor shall reasonably determine that the ventilating, lighting, or drainage systems shall not be sufficient, or that notwithstanding the construction of such ventilation or drainage systems, smoke, gas and/or water are concentrated or permitted to escape in such manner

Page 900

or in such quantities as to injure or damage adjoining property, or the property of the State of Georgia, or in such manner as to render Lessor liable in damages to any person or corporation on account thereof, or to prohibit the use of the Western And Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at Lessee's own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwithstanding the approval of Lessor of the original plans for such ventilating or drainage devices, such changes to be specified by Lessor in writing. After the Lessor's approval of the said plans and specifications for the new alteration has been obtained but prior to Lessee's commencement of the same, 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 approved by 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: 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 unless Lessee shall be relieved of Lessee's obligation to repair, reconstruct, restore or replace damaged or destroyed buildings, other structures, alteration or improvements pursuant to paragraph Fifty-Four (54) of Article IX of this lease.

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ARTICLE IX Damages To Or Destruction of Premises Repair, Restoration Or Replacement Of Premises InsuranceIndemnification Save And Hold Harmless Provisions FIFTY-ONE: At all times during the term of this lease following delivery of possession of the premises, including the period of any alteration, demolition, construction, renovation, repair, restoration, replacement, or reconstruction on or within 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 which can be insured against, 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 replacement value [One Hundred (100) per cent] of said buildings, other structures, alteration and improvements. FIFTY-TWO: The contracts of insurance shall contain standard loss payable clauses to Lessor and Lessee as their respective interests may appear. The contracts of insurance may be endorsed to name in the standard loss payable clause any mortgagee of Lessor's interest in the premises as the said mortgagee's interest may appear, provided that: (1) the said mortgagee complies with the terms and conditions contained in paragraph Sixty-Six (66) of Article X of this lease; and (2) the mortgagee gives in writing to Lessor assurance that the proceeds of all insurance shall be utilized in the repair, reconstruction, restoration, or replacement of such buildings, other structures, alteration or improvements, and for no other purpose whatsoever.

Page 902

The said policies shall provide that the same shall not be invalidated or cancellable until after a thirty (30) day written notice has been given to Lessor, and the Insurance Commissioner of the State of Georgia. FIFTY-THREE: 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 invalidate any insurance pertaining to any buildings, other structures, alteration or improvements now located thereon or therein or hereafter constructed and located 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 amount of the full insurable replacement value [One Hundred (100) per cent]. FIFTY-FOUR: Should, during the term of this lease following delivery of possession of the premises, any existing buildings, other structures, alteration or improvements constructed and located on or within the leased premises on the day of execution of this lease, or hereinafter constructed and located on or within the leased premises, be damaged or destroyed by fire or any other casualty whatsoever, Lessee, except as provided hereinbelow in this paragraph Fifty-Four (54), shall promptly commence the work of repair, reconstruction, restoration, or replacement, and shall prosecute the same with all reasonable dispatch, so that within two (2) 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 of at least the same fair market value. 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 or within the said 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

Page 903

it, to quit or surrender possession of the said premises or any part thereof, and shall not release the Lessee in any way from its liability to pay the Lessor the rent hereinbefore provided for, or from any of the provisions, covenants, terms, and conditions of this lease. Provided, however, if any existing buildings, other structures, alteration or improvements constructed and located on or within the leased premises on the day of execution of this lease, or hereinafter constructed and located on or within the leased premises, be damaged or destroyed within the last ten (10) years of the term of this lease, Lessee shall be relieved of any obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures, alteration or improvements upon payment by Lessee to Lessor, in a single total payment, of (1) the full insurable replacement value [One Hundred (100) per cent] of said damaged or destroyed buildings, other structures, alteration or improvements, and (2) the total rental for the remainder of the unexpired term of this lease. Such a release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures, alteration or improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon clearing by Lessee (totally at Lessee's own expense and without cost to Lessor) of the leased premises of any debris or remains of the said damaged or destroyed buildings, other structures, alteration or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying, and transfering to Lessor all of the Lessee's right, title, and interests in and to the leased premises. FIFTY-FIVE: If the said repair, restoration, or replacement is not substantially completed within said two (2) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this lease and if Lessee is under an affirmative requirement of paragraph Fifty-Four (54) of this lease to commence the repair, restoration, or replacement), Lessee hereby agrees to pay to Lessor as fixed and

Page 904

liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially complete or until the end of the term of this lease, whichever is earlier. FIFTY-SIX: Lessee, prior to commencing such repair, reconstruction, restoration or replacement as is required by paragraph Fifty-Four (54) of this Article IX shall deliver to Lessor, for Lessor's approval, preliminary architect's drawings, specifications and cost estimates of the said repair, reconstruction, restoration or replacement. Lessee will construct the said repair, reconstruction, restoration or replacement with appurtenant water, sewer, gas and electric wire connections, substantially in accordance with the plans and specifications so submitted to and approved in writing by Lessor except that all supports and appurtenances to the alteration which extend below the air space herein demised shall be constructed and completed in strict accordance with the plans and specifications so submitted to and approved in writing by Lessor. The said plans and specifications shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the area beneath the structures and plans and specifications for any necessary train signaling devices for the operation of railroad engines and cars. The said plans and specifications, including all of the said systems and devices, shall permit railroad operations in a safe, convenient, expeditious, economical and healthful manner. The approval shall include, but not be limited to, the strength, durability and method of construction as well as the location and design of support members, so that the use of said area for railroad purposes shall not be obstructed, interfered with or endangered. Provided that if, after completion of the said repair, reconstruction, restoration or replacement, Lessor shall reasonably determine that the ventilating, lighting, or drainage systems shall not be sufficient, or that notwithstanding the construction of such ventilating or drainage systems, smoke, gas and/or water are concentrated or

Page 905

permitted to escape in such manner or in such quantities as to injure or damage adjoining property, or the property, of the State of Georgia, or in such manner as to render Lessor liable in damages, to any person or corporation on account thereof, or to prohibit the use of the Western And Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at Lessee's own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwithstanding the approval of Lessor of the original plans for such ventilating or drainage devices, such changes to be specified by Lessor in writing. After Lessor's approval has been obtained but prior to Lessee's commencing such repair, reconstruction, restoration or replacement, 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 approved by 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-SEVEN: Lessee further agrees to pay or cause to be paid all expenses in connection with said repair, reconstruction, restoration and replacement so that the said premises and such buildings, other structures, alteration or improvements shall be free and clear from all liens and claims for labor, materials, fees or other expenses. FIFTY-EIGHT: At all times during any repair, demolition, construction, renovation, reconstruction, restoration, or replacement of any buildings, other structures, improvements, or alteration, Lessee agrees, at its own cost

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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. FIFTY-NINE: The proceeds of all insurance shall be utilized in the repair, reconstruction, restoration, or replacement of such buildings, other structures, alteration or improvements, and for no other purpose whatsoever unless Lessee shall be relieved of Lessee's obligation to so repair, reconstruct, restore, or replace such buildings, other structures, alteration or improvements pursuant to paragraph Fifty-Four (54) of this Article IX. However, all sums necessary to effect such repair, reconstruction, 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: In the event of the termination of this lease before the expenditure of the full amount of such insurance fund in the repair, reconstruction, restoration, or replacement of such buildings, other structures, alteration or improvements, any unexpected balance remaining therein, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor. SIXTY-ONE: In connection with the demolition of any building, other structures, alteration or improvements on or within the leased premises or in connection with any land excavation, construction, repair, reconstruction, restoration, or replacement of any buildings, other structures, alteration or improvements on the leased premises, 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 occurrence causing injury to any person whatsoever or damages to any property whatsoever.

Page 907

SIXTY-TWO: 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 Dollars ($1,000,000) 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-THREE: Insurance policies and all endorsements thereto, 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 thirty (30) days prior written notice to Lessor and the Insurance Commissioner of the State of Georgia, shall be delivered to Lessor. SIXTY-FOUR: Lessee shall at once furnish to Lesson duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this lease. ARTICLE X Concerning Mortgage Of The Leasehold SIXTY-FIVE: Whenever the Lessee is not in 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, 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 in said premises including, but without limiting the generality of the foregoing, Lessee's rights and interest in and to all buildings, other structures, improvements, alteration

Page 908

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. Lessee shall not have the right to in any way burden or encumber Lessor's title and reversionary interest in and to the premises. SIXTY-SIX: 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 in the said premises 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 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-SEVEN: To the extent that Lessee may grant the right to any such grantee, mortgage, or trustee, such grantee, mortgagee or trustee may, at its option, at any time before Lessor elects one of the options in paragraph Sixty-Nine (69) of Article XI 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.

Page 909

SIXTY-EIGHT: 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 such grantee, mortgagee, or trustee and Lessee, said grantee, mortgage or trustee, on making good any such default or defaults on the part of 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 XI DefaultTermination SIXTY-NINE: In the event Lessee has refused to observe or perform or has failed 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, upon giving thirty (30) days prior written notice to Lessee and to any grantee, mortgagee, or trustee required to be given copies of notices in accordance with paragraph Sixty-Six (66) hereof, declare Lessee to be in default in Lessee's obligations under this lease. If Lessee or any grantee, mortgagee, or trustee required to be given copies of notices in accordance with paragraph Sixty-Six (66) hereof, does not completely and totally remedy or cure the default in Lessee's obligations under this lease within thirty (30) days thereafter, Lessor may pursue one of the following options: (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.

Page 910

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 reletting 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. Lessor shall in no event be liable to Lessee for any interest on the said residue. SEVENTY: 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 whomsoever claiming by, through or under the Lessee, whether by grant, assignment, deed to secure debt, mortgage, deed of trust, sublease (unless otherwise provided in paragraph Forty-Five (45) of Article VII of this lease), 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, air conditioning, 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 immediately 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,

Page 911

air conditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or within the premises, all buildings, other structures, alteration and improvements, shall thenceforward constitute and belong to and be the absolute property of the Lessor or the Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to the Lessee or to anyone whomsoever, 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 XII Assignment SEVENTY-ONE: 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. The granting of such written consent shall be solely in the discretion of Lessor except that as to assignments or transfers of this lease, or any interest therein, or any right or privilege appurtenant thereto, which Lessee desires to make or grant to a mortgagee under Article X of this lease conditioned upon the default of Lessee in its obligations to the mortgagee, Lessor shall not unreasonably withhold its consent to the assignment or transfer. 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.

Page 912

ARTICLE XIII Appointment Of A ReceiverGeneral Assignment For The Benefit Of CreditorsInsolvency BankruptcyOther Statutory Acts For Relief Of Debtors SEVENTY-TWO: 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 immediately elect one of the options provided in paragraph Sixty-Nine (69) of Article XI 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, bankruptcy or any other debtor-relief act. ARTICLE XIV Miscellaneous SEVENTY-THREE: 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 Lessee is complying with its undertakings, duties and obligations under this lease. SEVENTY-FOUR: 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 setback. Lessor in its discretion and at its own expense, or Lessee totally at Lessee's own expense may in good faith contest and litigate as to the validity of any ordinance, rules, 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, provided however, that

Page 913

Lessee, if Lessee should so contest and litigate, shall first give Lessor notice thereof. SEVENTY-FIVE: 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 Downtown Development Corp., 300 Interstate North, Atlanta, Georgia 30339. SEVENTY-SIX: Any matter which must be submitted to and aproved in writing by Lessor, as required under this lease, prior to Lessee's right to proceed on such matter shall be submitted to Lessor, unless contrary instructions are given to Lessee in writing, 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, Georgia 30334 and shall either be approved or rejected by Lessor within ninety (90) days after receipt. If Lessor should fail to so approve or reject within such ninety (90) day period as provided for herein, Lessor's approval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted. Lessor shall inform Lessee in writing of Lessor's rejection or approval of such submitted matter by United States registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under paragraph Seventy-Five (75) of Article XIV of this lease. SEVENTY-SEVEN: 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

Page 914

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 the total rental for the last year of the lease term set out above. There shall be no renewal whatsoever of this lease by operation of law. SEVENTY-EIGHT: 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. SEVENTY-NINE: All rights, powers and privileges conferred herein upon both parties shall be cumulative. EIGHTY: 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 to, extend to, be binding upon and inure to the benefit or detriment of not only the parties hereto, but also 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-ONE: 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-TWO: 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

Page 915

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. EIGHTY-THREE: 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-FOUR: In the event any provision, covenant, term or condition or portion of any provision, covenant, term or condition of this lease is held invalid, the remainder of said provisions, covenant, term or condition or portion of said provision, covenant, term or condition shall not be affected thereby and shall continue in full force and effect. EIGHTY-FIVE: In the performance, discharge and fulfillment of the provisions, covenants, terms, conditions, undertakings, duties, and obligations of this lease including discretionary determinations to be made pursuant thereto, 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-SIX: All time limits stated in this lease are of the essence. EIGHTY-EIGHT: 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, COMPILER'S NOTE: This lease contained no paragraph numbered Eighty-Seven. Due to a clerical error the numbering was as shown and paragraph Eighty-Six was followed by paragraph Eighty-eight.

Page 916

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, Lester Maddox, as Governor of the State of Georgia and Chairman of the State Properties Control Commission, has this the..... day of....., 197....., hereunto affixed his official signature and caused to be affixed the great seal of the State of Georgia and the seal of the State Properties Control Commission, in behalf of said State and the Commission, in duplicate, and after Lessee, Downtown Development Corp., FM Air Rights Company, and City Center, Inc., a Joint Venture Partnership, has signed and executed this contract and has affixed Lessee's seal, if any, thereto, also in duplicate. STATE OF GEORGIA BY..... As Governor and as Chairman of the State Properties Control Commission ATTEST..... As Secretary of State and Secretary of the State Properties Control Commission Signed, sealed and delivered in the presence of: (As to the signatures of Lester Maddox, Governor and Chairman of the State Properties Control Commission, and Ben W. Fortson, Jr., as Secretary of State and Secretary of
Page 917

the State Properties Control Commission) ..... Witness ..... Notary Public My Commission expires..... (Notary Public Seal) DOWNTOWN DEVELOPMENT CORP., FM AIR RIGHTS COMPANY and CITY CENTER, INC., a Joint Venture Partnership, Lessee DOWNTOWN DEVELOPMENT CORP. BY: /s/ Lloyd T. Whitaker President (Seal) ATTEST: /s/ Robert P. Hunter, Jr. Secretary (Seal) Signed, sealed and delivered in the presence of: As to Downtown Development Corp.: /s/ Kathryn M. Jowett Witness /s/ Brenda Bryant Notary Public My Commission Expires: 12/6/72 (Notary Public Seal)

Page 918

FM AIR RIGHTS COMPANY BY: /s/ Walter S. Smith President (Seal) ATTEST: /s/ Richard H. Hollenberg Secretary (Seal) As to FM Air Rights Company /s/ Robert P. Rowe Witness /s/ Thomas E. Harvey, Jr. Notary Public My Commission Expires: 3/19/71. (Notary Public Seal) CITY CENTER, INC. BY: /s/ Robert B. Troutman, Jr. President (Seal) ATTEST: Lois D. Troutman Asst. Secretary (Seal) As to City Center, Inc. Carole E. Rose Witness Brenda Bryant Notary Public My Commission Expires: 12/6/72 (Notary Public Seal)

Page 919

NOTE: THIS PLAT HAS BEEN PHOTOGRAPHICALLY REDUCED AND THEREFORE, THE SCALE SHOULD BE ADJUSTED ACCORDINGLY.

Page 920

CERTIFIED CORPORATE RESOLUTION OF DOWNTOWN DEVELOPMENT CORP. I, the undersigned, hereby certify that I am the Secretary of Downtown Development Corp., and that the following is a true and correct extract from the minutes of said corporation of resolutions duly adopted at a special meeting of the Board of Directors of Downtown Development Corp. held January 21, 1970, and I further certify that due notice of said meeting was given to each member of said Board, and that a quorum was present at said meeting: WHEREAS, Downtown Development Corp., a Georgia corporation and a wholly owned subsidiary of Cousins Properties Incorporated, is a partner in the general partnership composed of Downtown Development Corp., F M Air Rights Company and City Center, Inc., which partnership is generally known as `Downtown Development Corp., FM Air Rights Company and City Center, Inc., a Joint Venture Partnership' (hereinafter referred to as `the Joint Venture Partnership'); and WHEREAS, there exist no silent, undisclosed or dormant partners in said Joint Venture Partnership; and WHEREAS, under said Joint Venture Partnership, Downtown Development Corp., is jointly and severally liable, together with F M Air Rights Company and City Center, Inc. to the full extent of the properties of the partnership, as well as to the separate properties of Downtown Development Corp., F M Air Rights Company, and City Center, Inc.; and WHEREAS, Downtown Development Corp. is the managing partner of the affairs of the Joint Venture Partnership; and WHEREAS, the Joint Venture Partnership now has a leasehold interest in certain air rights located in Atlanta, Georgia, and owned by the State of Georgia; and

Page 921

WHEREAS, the Joint Venture Partnership has improved the said leasehold with a substantial off-street parking complex; and WHEREAS, it has come to the attention of the Joint Venture Partnership that additional air rights in Atlanta, Georgia, owned by the State of Georgia are now up for public bids, the property being generally known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad (hereinafter referred to as `the Union Station Property'); and WHEREAS, the Joint Venture Partnership has determined that it is in the best interest of the Joint Venture Partnership for its total development project of air rights to submit a bid on the Union Station Property; NOW, THEREFORE, BE IT RESOLVED that a bid be submitted to the State Properties Control Commission of the State of Georgia in the name of Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership, for the purpose of acquiring the leasehold interest in the air rights known as the Union Station Property. RESOLVED FURTHER, that Downtown Development Corp. hereby authorizes Downtown Development Corp., through its President and Secretary, as managing partner of the Joint Venture Partnership and on behalf of the Joint Venture Partnership, to execute and deliver a bid in the amount of $73,000.00 base annual rental, with an escalator factor of 1% on the bid form provided and otherwise in accordance with the invitation for bids, instructions to bidders, and complete forms of both the bid and lease, concerning the proposed leasing of the air rights, including the rights for necessary supports and appurtenances above the property owned by the State of Georgia partially occupying the space between the Forsyth Street viaduct and the Spring Street viaduct in the City of Atlanta, Georgia; said air rights now being occupied in part by a structure which is commonly known as the Atlanta Union Passenger Station of the Western

Page 922

and Atlantic Railroad which includes a private driveway running between the Spring Street viaduct and the Forsyth Street viaduct and the station parking area, as duly promulgated by the State Properties Control Commission of the State of Georgia. RESOLVED FURTHER, that if said Joint Venture Partnership is the successful bidder on said Union Station Property that Downtown Development Corp. hereby authorizes its President or Vice President and its Secretary or Assistant Secretary to execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said Union Station Property. RESOLVED FURTHER, that upon the execution and delivery of said air rights lease on said Union Station Property, Downtown Development Corp. shall be bound and liable, both jointly and severally, together with F M Air Rights Company and City Center, Inc., on all of the provisions, covenants, terms, conditions and details contained in said air rights lease on said Union Station Property; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the agreement and powers of the Joint Venture Partnership, and are within the scope of business of said Joint Venture Partnership; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the separate corporate charter powers and the by-laws' authority of Downtown Development Corp.;

Page 923

RESOLVED FURTHER, that the President or Vice President and the Secretary or Assistant Secretary of Downtown Development Corp. are hereby authorized and directed to execute said air rights lease in the name of Downtown Development Corp. and to affix the corporate seal of the corporation thereto, and to execute and deliver such other papers, documents and instruments and perform such other acts as are necessary and appropriate in carrying out the intention of these Resolutions and in effecting and consummating said bid and said air rights lease on said Union Station Property, and to perform any and all other acts and things incidental or related thereto. I certify that the persons hereinafter named now hold and are the duly qualified and acting incumbents of the designated offices set opposite their names in Downtown Development Corp.; NAME OFFICE Lloyd T. Whitaker President T. G. Cousins Vice President A. D. Cannon, Jr. Vice President C. D. Conlee Treasurer and Assistant Secretary Robert P. Hunter, Jr. Secretary John S. Perkins, Jr. Assistant Treasurer I HEREBY FURTHER CERTIFY that the Resolutions hereinabove set forth have not been altered, repealed or amended, and that the same remain in full force and effect. WITNESS my signature and the seal of Downtown Development Corp. this 5th day of February, 1970. /s/ Robert P. Hunter, Jr. Secretary WHEREAS, it has come to the attention of the Joint Venture Partnership that additional air rights in Atlanta,

Page 924

Georgia, owned by the State of Georgia are now up for public bids, the property being generally known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad (hereinafter referred to as `the Union Station Property'); and WHEREAS, the Joint Venture Partnership has determined that it is in the best interest of the Joint Venture Partnership for its total development project of air rights to submit a bid on the Union Station Property; NOW, THEREFORE, BE IT RESOLVED that a bid be submitted to the State Properties Control Commission of the State of Georgia in the name of Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership, for the purpose of acquiring the leasehold interest in the air rights known as the Union Station Property. RESOLVED FURTHER, that F M Air Rights Company hereby authorizes Downtown Development Corp., through its President and Secretary, as managing partner of the Joint Venture Partnership and on behalf of the Joint Venture Partnership, to execute and deliver a bid in the amount of $73,000.00 base annual rental, with an escalator factor of 1% on the bid form provided and otherwise in accordance with the invitation for bids, instructions to bidders, and complete forms of both the bid and lease, concerning the proposed leasing of the air rights, including the rights for necessary supports and appurtenances above the property owned by the State of Georgia partially occupying the space between the Forsyth Street viaduct and the Spring Street viaduct in the City of Atlanta, Georgia; said air rights now being occupied in part by a structure which is commonly known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private driveway running between the Spring Street viaduct and the Forsyth Street viaduct and the station parking area, as duly promulgated by the State Properties Control Commission of the State of Georgia.

Page 925

RESOLVED FURTHER, that if said Joint Venture Partnership is the successful bidder on said Union Station Property that F M Air Rights Company hereby authorizes its President or Vice President and its Secretary or Assistant Secretary to execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said Union Station Property. RESOLVED FURTHER, that upon the execution and delivery of said air rights lease on said Union Station Property, F M Air Rights Company shall be bound and liable, both jointly and severally, together with Downtown Development Corp. and City Center, Inc. on all of the provisions, covenants, terms, conditions and details contained in said air rights lease on said Union Station Property. RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the agreement and powers of the Joint Venture Partnership and are within the scope of business of said Joint Venture Partnership. RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the separate corporate charter powers and by-laws' authority of F M Air Rights Company. RESOLVED FURTHER, that the President or Vice President and the Secretary or Assistant Secretary of F M Air Rights Company are hereby authorized and directed to execute said air rights lease in the name of F M Air Rights Company and to affix the corporate seal of the corporation thereto, and to execute and deliver such

Page 926

other papers, documents and instruments and perform such other acts as are necessary and appropriate in carrying out the intention of these Resolutions and in effecting and consummating said bid and said air rights lease on said Union Station Property, and to perform any and all other acts and things incidental or related thereto. I CERTIFY that the persons hereinafter named now hold and are the duly qualified and acting incumbents of the designated offices set opposite their names in F M Air Rights Company: NAME OFFICE Kenneth S. Sweet, Jr. President Clay M. Gervais Vice President Walter S. Smith Vice President Spencer M. Hurtt Vice President Richard H. Hollenberg Secretary D. Eugene Hamme Treasurer Laurence A. Krupnick Assistant Secretary and Asistant Treasurer I HEREBY FURTHER CERTIFY that the Resolutions hereinabove set forth have not been altered, repealed or amended, and that the same remain in full force and effect. WITNESS my signature and the seal of F M Air Rights Company this 6th day of February, 1970. /s/ Richard H. Hollenberg Secretary CERTIFIED CORPORATE RESOLUTION OF F M AIR RIGHTS COMPANY I, the undersigned, hereby certify that I am the Secretary of F M Air Rights Company, and that the following is a true and correct extract from the minutes of

Page 927

said corporation of resolutions duly adopted at a special meeting of the Board of Directors of F M Air Rights Company, held January 21, 1970, and I further certify that due notice of said meeting was given to each member of said Board, and that a quorum was present at said meeting: WHEREAS, F M Air Rights Company, a wholly owned subsidiary of The Fidelity Mutual Life Insurance Company, is a partner in the general partnership composed of Downtown Development Corp., F M Air Rights Company and City Center, Inc., which partnership is generally known as `Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership' (hereinafter referred to as `the Joint Venture Partnership'); and WHEREAS, there exist no silent, undisclosed or dormant partners in said Joint Venture Partnership; and WHEREAS, under said Joint Venture Partnership, F M Air Rights Company is jointly and severally liable, together with Downtown Development Corp. and City Center, Inc. to the full extent of the properties of the partnership, as well as to the separate properties of Downtown Development Corp., F M Air Rights Company and City Center, Inc.; and WHEREAS, Downtown Development Corp. is the managing partner of the affairs of the Joint Venture Partnership; and WHEREAS, the Joint Venture Partnership now has a leasehold interest in certain air rights located in Atlanta, Georgia, and owned by the State of Georgia; and WHEREAS, the Joint Venture Partnership has improved the said leasehold with a substantial off-street parking complex; and

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CERTIFIED CORPORATE RESOLUTION OF CITY CENTER, INC. I, the undersigned, hereby certify that I am the Assistant Secretary of City Center, Inc., and that the following is a true and correct extract from the minutes of said corporation of resolutions duly adopted at a special meeting of the Board of Directors of City Center, Inc. held January 21, 1970, and I further certify that due notice of said meeting was given to each member of said Board, and that a quorum was present at said meeting: WHEREAS, City Center, Inc., a Georgia corporation, is a partner in the general partnership composed of Downtown Development Corp., F M Air Rights Company and City Center, Inc., which partnership is generally known as `Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership' (hereinafter referred to as `the Joint Venture Partnership'); and WHEREAS, there exist no silent, undisclosed or dormant partners in said Joint Venture Partnership; and WHEREAS, under said Joint Venture Partnership, City Center, Inc. is jointly and severally liable, together with Downtown Development Corp. and F M Air Rights Company to the full extent of the properties of the partnership, as well as to the separate properties of Downtown Development Corp., F M Air Rights Conmpany, and City Center, Inc.; and WHEREAS, Downtown Development Corp. is the managing partner of the affairs of the Joint Venture Partnership; and WHEREAS, the Joint Venture Partnership now has a leasehold interest in certain air rights located in Atlanta, Georgia, and owned by the State of Georgia; and WHEREAS, the Joint Venture Partnership has improved

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the said leasehold with a substantial off-street parking complex; and WHEREAS, it has come to the attention of the Joint Venture Partnership that additional air rights in Atlanta, Georgia, owned by the State of Georgia, are now up for public bids, the property being generally known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad (hereinafter referred to as `the Union Station Property'); and WHEREAS, the Joint Venture Partnership has determined that it is in the best interest of the Joint Venture Partnership for its total development project of air rights to submit a bid on the Union Station Property; NOW, THEREFORE, BE IT RESOLVED that a bid be submitted to the State Properties Control Commission of the State of Georgia in the name of Downtown Development Corp., F M Air Rights Company and City Center, Inc., a Joint Venture Partnership, for the purpose of acquiring the leasehold interest in the air rights known as the Union Station Property; RESOLVED FURTHER, that City Center, Inc. hereby authorizes Downtown Development Corp., through its president and secretary, as managing partner of the Joint Venture Partnership and on behalf of the Joint Venture Partnership, to execute and deliver a bid in the amount of $73,000.00 base anual rental, with an escalator factor of 1% on the bid form provided and otherwise in accordance with the invitation for bids, instructions to bidders, and complete forms of both the bid and lease, concerning the proposed leasing of the air rights, including the rights for necessary supports and appurtenances above the property owned by the State of Georgia partially occupying the space between the Forsyth Street viaduct and the Spring Street Viaduct in the City of Atlanta, Georgia; said air rights now being occupied in part by a structure which is commonly known as the Atlanta Union Passenger Station of the Western and Atlantic Railroad which includes a private driveway running between the

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Spring Street viaduct and the Forsyth Street viaduct and the station parking area, as duly promulgated by the State Properties Control Commission of the State of Georgia; RESOLVED FURTHER, that if said Joint Venture Partnership is the successful bidder on said Union Station Property that City Center, Inc. hereby authorizes its President or Vice President and its Secretary or Assistant Secretary to execute and deliver a lease on the form required by and in accordance with the instructions as aforesaid of the State Properties Control Commission concerning the leasing of said Union Station Property; RESOLVED FURTHER, that upon the execution and delivery of said air rights lease on said Union Station Property, City Center, Inc. shall be bound and liable, both jointly and severally, together with Downtown Development Corp. and F M Air Rights Company, on all of the provisions, covenants, terms, conditions and details contained in said air rights lease on said Union Station Property; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the agreement and powers of the Joint Venture Partnership, and are within the scope of business of said Joint Venture Partnership; RESOLVED FURTHER, that the right and authority to execute and deliver said bid, to execute and deliver said air rights lease and to agree to be bound and liable on all of the provisions, covenants, terms, conditions and details contained in said air rights lease are within the separate corporate charter powers and by-laws' authority of City Center, Inc.; RESOLVED FURTHER, that the President or Vice President and the Secretary or Assistant Secretary of

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City Center, Inc. are hereby authorized and directed to execute said air rights lease in the name of City Center, Inc. and to affix the corporate seal of the corporation thereto, and to execute and deliver such other papers, documents and instruments and perform such other acts as are necessary and appropriate in carrying out the intention of these Resolutions and in effecting and consummating said bid and said air rights lease on said Union Station Property, and to perform any and all other acts and things incidental or related thereto. I certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in City Center, Inc.: NAME OFFICE Robert B. Troutman, Jr. President Buck Mickel Vice-President Hal F. Dumas, Jr. Secretary Lois D. Troutman Assistant Secretary I hereby further certify that the Resolutions hereinabove set forth have not been altered, repealed or amended, and that the same remain in full force and effect. Witness my signature and the seal of City Center, Inc. this day of February 7, 1970. /s/ Lois D. Troutman Assistant Secretary

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DOWNTOWN DEVELOPMENT CORP. 300 Interstate North Atlanta, Georgia 30339 February 9, 1970 (404) 432-3211 Lloyd T. Whitaker President State Properties Control Commission State Capitol Building Atlanta, Georgia 30334 Re: Union Station Air Rights Property Gentlemen: Letter received on February 3, 1970 from Mr. David O. Benson, Staff Director of the Georgia State Properties Control Commission (hereinafter called Properties Control Commission), formally notified us that the earlier bid, submitted by Downtown Development Corp., FM Air Rights Company, and City Center, Inc., a Joint Venture (hereinafter called The Joint Venture Partnership), for a non-subordinated leasehold interest in the State-owned air rights commonly referred to as the Union Station Property located in downtown Atlanta, Georgia, has been found in order and accepted by the Properties Control Commission. We therefore deliver to you herewith, on behalf of the proposed lessee and within the time required in the Instructions to bidders, four completed and fully executed (as to the lessee) copies of the required Lease form together with copies of supporting corporate resolutions authorizing such execution on behalf of each corporate member of The Joint Venture Partnership. The form of the lessee's execution of the Lease instrument as well as the adequacy of the supporting resolutions has been reviewed and approved by Assistant Attorney General J. Robert Coleman, Esq., with whom our attorneys have worked on this matter.

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At the January 26, 1970 meeting of the Properties Control Commission it was suggested that a short background statement of the past history and future plans of The Joint Venture Partnership would be appreciated. The remainder of this letter sets forth that information. Downtown Development Corp., which is a wholly owned subsidiary of Cousins Properties Incorporated (hereinafter called Cousins Properties), is a Fulton County, Georgia corporation chartered on July 28, 1966. Cousins Properties has been in the real estate development business in Atlanta and elsewhere for more than ten years and currently has total assets exceeding $28,000,000 and net worth in excess of $12,000,000. Mr. Lloyd T. Whitaker, who is President of Downtown Development Corp., is also head of the Air Rights Division of Cousins Properties. Downtown Development Corp. has been contractually designated as the Managing Partner of The Joint Venture Partnership. F M Air Rights Company is a corporation chartered under the laws of the State of Delaware. It is duly registered with the Secretary of State of Georgia and is qualified to do business in this State. FM Air Rights Company is a wholly owned subsidiary of The Fidelity Mutual Life Insurance Company (hereinafter called Fidelity Mutual), whose home office is in Philadelphia, Pennsylvania. Fidelity Mutual has total assets in excess of $550,000,000. Cousins Properties and Fidelity Mutual have worked together for a number of years on joint real estate development projects in the Atlanta area, and elsewhere. The third member of The Joint Venture Partnership, City Center, Inc. is a Fulton County, Georgia corporation chartered on February 10, 1954. On January 12, 1960 the Western Atlantic Railroad Commission (predecessor of the Properties Control Commission) entered into a Lease Contract with City Center, Inc. which granted to City Center, Inc. a non-subordinated leasehold interest in certain air rights property in the same general area as the Union Station Property in downtown Atlanta,

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referred to as Tracts 1, 2, and 3, for a term commencing on December 28, 1969 and continuing through December 27, 2044. City Center, Inc. approached Cousins Properties about becoming involved in the development of these air rights properties. Cousins Properties became involved and, in turn, invited Fidelity Mutual to join the air rights development venture. Ultimately, The Joint Venture Partnership as it exists today was formed. Since that date The Joint Venture Partnership has looked forward to the day that it might acquire additional air rights properties nearby or contiguous to Tracts 1, 2, and 3 in order to permit the orderly development of a coordinated complex which will be of benefit to the Metropolitan Atlanta area as well as the entire State of Georgia. The Joint Venture Partnership has always considered acquisition of the Union Station Property as totally consistent with and highly desirable for implementing its long-range development plans for the air rights project. Although it is not possible at this time to reveal the specifics of the total development planned for the air rights and nearby property, you may be assured that The Joint Venture Partnership intends to produce ultimately a coordinated development which utilizes to its highest and best use all of the State of Georgia air rights property under its control. The Lease from the State of Georgia to City Center, Inc. covering Tracts 1, 2, and 3 required that construction on that property commence no later than December 31, 1966. In order to meet this deadline The Joint Venture Partnership began construction of a 1,900 car parking facility on a portion of that property (said construction as presently completed hereinafter being called The Decks) which is the first actual construction in the overall air rights development program. The lease to City Center, Inc. also required that at least $5,000,000 be spent on improvements to Tracts 1 and 2 by December 31, 1968 or, if the total predetermined dollar amount of construction was not reached within the time specified,

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the lessee was required to guarantee to the State of Georgia the additional required construction costs. By December 31, 1968 The Joint Venture Partnership had expended approximately $4,400,000 in construction of The Decks, whose foundations were planned and constructed to accommodate many additional floors of superstructure for future development. An additional $600,000 in bonds has been deposited by The Joint Venture Partnership with the State of Georgia as security for completing of the remaining construction requirements under the Lease of Tracts 1, 2 and 3 from the State of Georgia to City Center, Inc. The Joint Venture Partnership stands ready to perform in accordance with the tenor of its bid for the Union Station Property and, upon approval of the enclosed Lease by the Georgia General Assembly, we contemplate moving forward promptly with finalizing our plans for the overall air rights project. Sincerely, DOWNTOWN DEVELOPMENT CORP. FM AIR RIGHTS COMPANY CITY CENTER, INC., a Joint Venture Acting through its Managing Partner, Downtown Development Corp. BY: /s/ Lloyd T. Whitaker, President P.S. You will also find attached hereto as Exhibit A a copy of the computation earlier furnished to you illustrating the total rental revenues to be received by the State of Georgia (base annual rental of $73,000 plus an annual escalation factor of one per cent per year) through the first 25 years of the proposed Union Station lease, prior to re-appraisal in the 25th year.

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DOWNTOWN DEVELOPMENT CORP. 800 Interstate North Atlanta, Georgia 30339 ILLUSTRATIVE COMPUTATION OF RENTAL REVENUES TO BE RECEIVED BY THE STATE OF GEORGIA FOR THE UNION STATION PROPERTY FOR THE FIRST 25 YEARS, PRIOR TO RE-APPRAISAL IN THE 25TH YEAR, UNDER THE BID SUBMITTED BY DOWNTOWN DEVELOPMENT CORP. ET AL (Base Annual Rental of $73,000.00 and Annual Escalation Factor of One (1%) Per cent. YEAR OF LEASE TERM ANNUAL RENTAL ESCALATION COMPUTATION TOTAL ANNUAL RENTAL 1st $ 73,000.00 $ = $ 73,000.00 2nd $ 73,000.00 (1%) $ 730.00 = $ 73,730.00 3rd $ 73,000.00 (2%) $ 1,460.00 = $ 74,460.00 4th $ 73,000.00 (3%) $ 2,190.00 = $ 75,190.00 5th $ 73,000.00 (4%) $ 2,920.00 = $ 75,920.00 6th $ 73,000.00 (5%) $ 3,650.00 = $ 76,650.00 7th $ 73,000.00 (6%) $ 4,380.00 = $ 77,380.00 8th $ 73,000.00 (7%) $ 5,110.00 = $ 78,110.00 9th $ 73,000.00 (8%) $ 5,840.00 = $ 78,840.00 10th $ 73,000.00 (9%) $ 6,570.00 = $ 79,570.00 11th $ 73,000.00 (10%) $ 7,300.00 = $ 80,300.00 12th $ 73,000.00 (11%) $ 8,030.00 = $ 81,030.00 13th $ 73,000.00 (12%) $ 8,760.00 = $ 81,760.00 14th $ 73,000.00 (13%) $ 9,490.00 = $ 82,490.00 15th $ 73,000.00 (14%) $ 10,220.00 = $ 83,220.00 16th $ 73,000.00 (15%) $ 10,950.00 = $ 83,950.00 17th $ 73,000.00 (16%) $ 11,680.00 = $ 84,680.00 18th $ 73,000.00 (17%) $ 12,410.00 = $ 85,410.00 19th $ 73,000.00 (18%) $ 13,140.00 = $ 86,140.00 20th $ 73,000.00 (19%) $ 13,870.00 = $ 86,870.00 21st $ 73,000.00 (20%) $ 14,600.00 = $ 87,600.00 22nd $ 73,000.00 (21%) $ 15,330.00 = $ 88,330.00 23rd $ 73,000.00 (22%) $ 16,060.00 = $ 89,060.00 24th $ 73,000.00 (23%) $ 16,790.00 = $ 89,790.00 25th $ 73,000.00 (24%) $ 17,520.00 = $ 90,520.00 $1,825,000.00 $210,000.00 $2,044,000.00 25 year total of annual base rentals 25 year total of escalation amounts Grand total of 25 base annual rental and escalation amounts

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Base annual rental adjusted by re-appraisal at end of 25th and 50th years, with escalation factor of 1% annually continuing. EXHIBIT A Approved March 24, 1970. PAYMENT OF MEMBERS OF CONSTITUTION REVISION COMMISSION. No. 271 (Senate Resolution No. 272). A Resolution. Amending a Resolution creating the Constitution Revision Commission, approved April 28, 1969 (Ga. L. 1969, p. 1100), so as to authorize payment of certain members of the Commission; 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 Constitution Revision Commission, approved April 28, 1969 (Ga. L. 1969, p. 1100), is hereby amended by adding at the end of the second from last paragraph the following: Any other provisions of any law to the contrary notwithstanding, in the event any of the members appointed

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by the Governor are members of a branch of government other than the legislative branch, such members shall be paid from the funds appropriated for the operation of the Superior Courts. Section 2. This Resolution 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 Resolution are hereby repealed. Approved March 26, 1970. DISTRICT ATTORNEYS ASSOCIATION OF GEORGIA DESIGNATED AS AGENCY TO RECEIVE FUNDS. No. 272 (House Resolution No. 637-1288). A Resolution. Designating the District Attorneys Association of Georgia as the appropriate State agency for the purpose of receiving grants and donations; and for other purposes. Whereas, there is available, under provisions of Federal legislation, funds for the purpose of training prosecuting officials in order to make them more proficient in the discharge of their official duties; and Whereas, there are funds available for said purposes from private endowments and foundations; and Whereas, the State of Georgia has not designated any agency for the purpose of accepting such funds.

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Now, therefore, be it resolved by the General Assembly of Georgia that the District Attorneys Association of Georgia is hereby designated as the appropriate agency within the State of Georgia to accept and expend funds for the purpose of enhancing the proficiency of the various prosecuting officials of the State of Georgia. Approved March 27, 1970. COASTAL MARSHLANDS PROTECTION ACT OF 1970. No. 1332 (House Bill No. 212). An Act to create the Coastal Marshlands Protection Agency; to provide a short title; to define certain terms; to provide for the membership of the Agency; to provide for the election of a Chairman; to provide for the appointment of an executive secretary and of representatives and agents by designated members; to provide for payment of expenses; to provide for the powers and duties of the Agency; to provide for applications to alter marshlands; to provide for the procedure for filing applications; to provide for gathering of information by Agency members; to provide for the issuance of permits; to provide for conditional permits; to provide for denial of permits under certain conditions; to provide for appeals; to provide for policing; to provide for injunctions; to provide for posting permits; to provide for the transfer of permits; to provide penalties for violations; to provide for exceptions; to provide for emergency powers; to provide for severability; to repeal conflicting laws; and for other purposes. Whereas, scientific research has established that the estuarine area of Georgia is the habitat of many species of marine life and wildlife, and without the food supplied by the marshlands, such marine life and wildlife cannot survive; and

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Whereas, intensive marine research has revealed that the estuaring marshlands of coastal Georgia are among the richest providers of nutrients in the world; and Whereas, the marshlands of Georgia provide a great buffer against flooding and erosion, and help control and disseminate many pollutants; and Whereas, the estuarine areas and coastal marshlands provide a unique form of outdoor recreation for the people of our State; and Whereas, it is in the public interest that the State of Georgia regulate the use of the coastal marshlands by the exercise of its police power in order to protect the welfare, health and safety of the citizens of this State; and Whereas, in the exercise of this police power the State of Georgia recognizes that it is necessary for the economic growth and development of the coastal area that provision be made for the future use of some of the marshlands for industrial and commercial purposes; and Whereas, it is the intent of the General Assembly that any use of the marshlands be balanced between protection of the environment on the one hand and industrial and commercial development on the other. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Short Title This Act shall be known and may be cited as the Coastal Marshlands Protection Act of 1970. Section 2. Definitions Unless clearly indicated otherwise by the context, the following terms, when used in this Act shall have the meanings respectively ascribed to them in this Section: (a) Coastal marshlands hereinafter referred to as marshlands means any marshland or salt marsh in the

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State of Georgia, within the estuaring area of the State, whether or not the tide waters reach the littoral areas through natural or artificial water courses. Marshlands shall include those areas upon which grow one, but not necessarily all, of the following; saltmarsh grass (Spartina alterniflora), black grass (Juncus gerardi), high-tide bush (Iva frutescens var. oraria). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof. (b) Estuarine area means all tidally-influenced waters, marshes and marshlands lying within a tide-elevation range from five and six tenths (5.6) feet above mean tide level and below. (c) Person means any individual, partnership, corporation, municipal corporation, county, association, public or private authority, and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions or other agencies, unless specifically exempted by the provisions of this Act. (d) Applicant means any person who files an application under the provisions of this Act. (e) Political subdivision means the governing authority of a county or a municipality in which the marshlands to be affected or any part thereof are located. (f) Agency means the Coastal Marshlands Protection Agency. Section 3. Creation of the Coastal Marshlands Protection Agency. (a) There is hereby created, as an autonomous division of the State Game and Fish Commission, the Coastal Marshlands Protection Agency which shall administer the provisions of this Act. (b) The Agency shall be composed of seven (7) members as follows:

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(1) The Director of the State Game and Fish Commission (2) The Executive Director of the Ocean Science Center of the Atlantic (3) The Executive Secretary of the Water Quality Control Board (4) The Director of the Coastal Area Planning and Development Commission (5) The Executive Director of the Department of Industry and Trade (6) The Director of the Department of Industry and Trade (7) The Attorney General or their appointed representatives. In the event one of the members of the Agency designated herein appoints a representative, such representative shall be an employee of the same State agency or department as the official making the appointment. (c) A majority of the members of the Agency shall elect a chairman from among the members who shall serve for a period of four years from the date of his election and until his successor is elected. (d) The members of the Agency shall receive no compensation for their services, but shall be entitled to receive actual expenses incurred in the performance of their duties from the agency or department with which employed. Section 4. Powers and Duties of Agency. (a) The Agency shall have the following powers and duties: (1) To promulgate such rules and regulations as may be necessary to effectuate the provisions of this Act; provided, however, that such rules and regulations shall not

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be of any force and effect unless two public hearings be held after notice thereof has been publicized in the legal organ in the counties of Chatham, Camden, Glynn, McIntosh, Liberty and Bryan once a week for two consecutive weeks immediately prior to such hearings. (2) To administer and enforce the provisions of this Act and all rules, regulations and orders promulgated thereunder. (3) To examine and pass upon applications to alter marshlands. (4) To revoke permits of applicants who fail or refuse to carry out their proposals. (5) To accept monies that are available from government units and private organizations. (6) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the Agency in carrying out the provisions of this Act. (7) To exercise all incidental powers necessary to carry out the purposes of this Act. (b) The above and foregoing powers, may, except for the rule making powers, be exercised and duties performed by the Agency through such duly authorized agents and employees as it deems necessary and proper including an executive secretary. Section 5. Applications, Procedure. (a) No person shall remove, fill, dredge or drain or otherwise alter any marshlands in this State within the estuarine area thereof without first obtaining a permit from the Coastal Marshlands Portection Agency. (b) Each application for such permit shall be filed with the State Game and Fish Commision and shall include

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(1) Name and address of applicant. (2) A plan or drawing showing the applicant's proposal and the manner or method by which such proposal shall be accomplished. (3) A plat of the area in which the proposed work will take place. (4) A copy of the deed or other instrument under which the applicant claims title to the property, or if the applicant is not the owner, then a copy of the deed or other instrument under which the owner claims title together with written permission from the owner to carry out the project on his land. In ileu of a deed or other instrument referred to in this paragraph 3 the Agency may accept some other reasonable evidence of ownership of the property in question or other lawful authority to make use of the property. (5) A list of all adjoining landowners together with such owners' addresses. If the ownership of adjoining landowners cannot be determined or if addresses cannot be ascertained, the applicant shall file in lieu thereof a sworn affidavit that a diligent search has been made but that the applicant was not able to ascertain the owners or addresses as the case may be of adjoining landowners. (6) A certificate from the local governing authority(s) of the political subdivision(s) in which the property is located stating that the applicant's proposal is not violative of any zoning law, ordinance or other local restrictions which may be applicable thereto. If in the judgment of the Agency a zoning permit is not needed prior to considering an application, it may waive this requirement and issue a conditional permit based upon the condition that the applicant acquire and forward a permit from the local political subdivision prior to commencement of work. No work shall commence until this requirement is fulfilled. (7) A certified check or money order in the amount of $25.00 for each acre of land or portion thereof to be affected

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payable to the Coastal Marshlands Protection Agency to defray administrative costs. No applicant shall be required to pay in excess of $500.00 for any one proposal regardless of the number of acres to be affected. (c) A copy of each application for a permit shall be delivered to each member of the Agency within seven days from receipt thereof. (d) The Director of the State Game and Fish Commission within thirty days of receipt of an application shall notify in writing all adjoining landowners of the application and shall indicate the use the applicant proposes to make of the property. Should the applicant indicate that any adjoining landowner is unknown or that the address of such landowner is unknown, then the member of the Agency to which the application for permit is filed shall cause a notice of the proposed activity and a brief description of the land to be affected to be published in a legal organ of the county or counties in which said land lies within thirty days of receipt of the application. Should the property to be affected by applicant be bordered on any side or on more than one side by other property of applicant, applicant shall supply the names and addresses of the nearest landowners other than applicant and bordering on applicant's land or a sworn statement of diligent search as provided above in this Act. The landowner so named shall be notified either directly or by advertisement as provided above in this Section. Any member may also make inquiry to adjoining landowners to ascertain whether or not there is objection to issuance of a permit. (e) In passing upon the application for permit, the Agency shall consider the public interest which, for purposes of this Act, shall be deemed to be the following considerations: (1) Whether or not any unreasonably harmful obstruction to or alteration of the natural flow of navigational

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water within such area will arise as a result of the proposal (2) Whether or not unreasonably harmful or increased erosion, shoaling of channels or stagnant areas of water will be created to such extent as to be contrary to the public interest (3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs and clams or any marine life or wildlife or other natural resources, including but not limited to water and oxygen supply to such an extent as to be contrary to the public interest. (f) If the Agency finds that the application is not contrary to the public interest as heretofore specified, it shall issue to the applicant a permit. Such permit may be conditioned upon the applicant's amending the proposal to take whatever measures are necessary to protect the public interest. The Agency shall act upon an application for permit within ninety days after the application is filed. (g) In the event a majority of the members of the Agency determine that a permit should be denied, the application for permit shall be denied, and any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in subparagraph (j) of this Section. (h) In the event any member of the Agency determines that a conditional permit should be issued the member of the Agency making such determination shall notify the other members of the Agency in writing of the conditions and the reasons therefor, and the Agency shall have an additional 15 days to act with regard to the application. Should a majority of the members of the Agency agree that such permit should be conditional the permit shall be issued on such conditions as a majority of the Agency directs. If less than a majority agrees that such permit should be conditional, the permit shall be issued without

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such conditions. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in subparagraph (j) of this Section. (i) No permit shall be issued unless the proposed change of use of the area shall be completed within two (2) years next after the date of the issuance of such permit. Such time may be extended for good cause upon showing that all due efforts and diligence toward the completion of the work have been made. Any permit may be revoked for non-compliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof. (j) Any person who is aggrieved or adversely affected by any final order or action of the Agency shall have the right to a hearing and such hearing shall be conducted pursuant to the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338, et. reg.) as now or hereafter amended. Section 6. The State Game and Fish Commission, through its officers and wildlife rangers, shall in addition to their other duties prescribed by law make reasonable inspections of the marshlands to ascertain whether the requirements of this Act and the rules, regulations and permits promulgated or issued hereunder are being faithfully complied with. Any violations shall be immediately reported to the Coastal Marshlands Protection Agency. Inspections, etc. Section 7. The Superior Court of the county in which the land or any part thereof lies shall have jurisdiction to restrain a violation of this Act at the suit of any person. In the event the land lies in more than one county and is divided equally between two or more counties, jurisdiction shall be in the Superior Court of any county in which said land lies. Injunctions, etc. Section 8. Posting of Permit. A certified copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the Agency deems it advisable, the applicant may be required to cause a sign

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to be erected bearing the permit number, date of issuance, name of applicant and such other information as the Agency may reasonably require. The type and size of the sign reasonable in dimensions may be specified by the Agency. Section 9. In the event of sale, lease, rental or other conveyance by an applicant to whom a permit is issued, such permit shall be continued in force in favor of the new owner, lessee, tenant or other assignee so long as there is no change in the use of the land as set forth in the original application. Permits. Section 10. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Crimes. Section 11. Exceptions. The provisions of this Act shall not apply to the following: (a) Activities of the State Highway Department incident to constructing, repairing and maintaining a public road system in Georgia; (b) Agencies of the United States charged by law with the responsibility of keeping the rivers and harbors of this State open for navigation and agencies of this State charged by now existing law with the responsibility of keeping the rivers and harbors of this State open for navigation, including areas for utilization for spoilage designated by such agencies; (c) Activities of public utility companies regulated by the Public Service Commission incident to constructing, erecting, repairing and maintaining utility lines for the transmission of gas, electricity or telephone messages; (d) Activities of companies in constructing, erecting, repairing and maintaining railroad lines and bridges; (e) Activities of political subdivisions incident to constructing, repairing, and maintaining pipelines for the transport of water and sewage;

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(f) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of residences located on highland adjoining such docks. Section 12. Emergency Powers. In the event of an emergency whether created by Act of God, actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists, the provisions of this Act shall be suspended for such period. The burden of proof shall be upon the person or persons relying upon this Section to establish that such an emergency did indeed exist. Section 13. 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 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1970. CRIMINAL PROCEDUREPRE-SENTENCE HEARINGS IN FELONY CASES. No. 1333 (House Bill No. 228). An Act to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to

Page 950

indeterminate sentences, approved March 18, 1964 (Ga. L. 1964, p. 483), so as to provide for sentencing in felony criminal cases; to revise procedures with respect thereto, more particularly, to provide for pre-sentence hearings in which evidence of prior criminal convictions shall be presented to the jury; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to indeterminate sentences, approved March 18, 1964 (Ga. L. 1964, p. 483), is hereby amended by adding a new section between sections 1 and 2, to be designated as Section 1A, to read as follows: Section 1A. At the conclusion of all felony cases and after argument of counsel and proper charge from the court, the jury shall retire to consider a verdict of guilty or not guilty without any consideration of punishment. Where the jury returns a verdict of guilty, the court shall resume the trial and conduct a pre-sentence hearing before the jury at which time the only issue shall be the determination of punishment to be imposed. In such hearing, subject to the laws of evidence, the jury shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas of nole contendre of the defendant, or the absence of any such prior criminal convictions and pleas; provided, however, that only such evidence in aggravation as the State has made known to the defendant prior to his trial shall be admissible. The jury shall also hear argument by the defendant or his counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions and the jury shall retire to determine the punishment to be imposed. The jury shall fix a sentence within the limits prescribed by law. The judge shall impose the sentence fixed by the jury as provided by law.

Page 951

If the jury cannot, within a reasonable time, agree on the punishment, the judge shall impose sentence within the limits of the law; provided, however, that the judge shall in no instance impose the death penalty when the jury cannot agree upon the punishment. If the trial court is reversed on appeal because of error only in the pre-sentence hearing, the new trial which may be ordered shall apply only to the issue of punishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1970. RATIFICATION OF NINETEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES. No. 273 (Senate Resolution No. 304). A Resolution. Ratifying and approving the Nineteenth Amendment to the Constitution of the United States of America; and for other purposes. Whereas, during 1970 the League of Women Voters of Georgia will observe its 50th anniversary; and Whereas, the State of Georgia is proud of the outstanding record compiled by the female citizens of this State in the effective and informed use of the right to vote; and Whereas, the Nineteenth Amendment to the Constitution of the United States of America reads as follows: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Page 952

Congress shall have power to enforce this article by appropriate legislation.; and Whereas, it is only fitting and proper that the Nineteenth Amendment to the Constitution of the United States of America be ratified and approved. Now, therefore, be it resolved by the General Assembly of Georgia that the Nineteenth Amendment to the Constitution of the United States of America be and the same is hereby ratified and approved. Be it further resolved, that a certified copy of this Resolution be forwarded by the Governor of Georgia to the Secretary of State of the United States, to the Presiding Officer of the United States Senate, and to the Speaker of the House of Representatives of the United States. Approved March 27, 1970. TRANSFER OF LAND TO STATE GAME AND FISH COMMISSION. No. 274 (House Resolution No. 815-1655). Authorizing and directing, subject to the prior consent of the State Properties Control Commission, the Governor of the State of Georgia to transfer by Executive Order the custody, control and jurisdiction of 900 acres, more or less, of State-owned real property in Hart County, Georgia, from the State Properties Control Commission to the State Game and Fish Commission; and for other purposes. Whereas, the State Board of Corrections had under its custody, control and jurisdiction a tract of State-owned real property lying and being in Hart County, Georgia, and consisting of 900 acres, more or less, of abandoned farm land; and

Page 953

Whereas, the State Board of Corrections declared the said property to be surplus to the needs and uses of the State Board of Corrections and requested the Governor of the State of Georgia to approve the transfer of the custody, control and jurisdiction of the said property from the State Board of Corrections to the State Properties Control Commission; and Whereas, the Governor of the State of Georgia approved the transfer of the custody, control and jurisdiction of the said property from the State Board of Corrections to the State Properties Control Commission; and Whereas, because of the nature and geographic location of the said property, the State Properties Control Commission has been unavoidably unable to make the said property income producing; and Whereas, the State Game and Fish Commission has expressed a need and use for said property in its State-wide program of small game management. Now, Therefore, be it resolved by the General Assembly of Georgia that subject to the prior consent of the State Properties Control Commission, the Governor of the State of Georgia is authorized and directed to transfer by Executive Order the custody, control and jurisdiction of the 900 acres, more or less, of State-owned real property in Hart County, Georgia, from the State Properties Control Commission to the State Game and Fish Commission to be used by the State Game and Fish Commission in its State-wide program of small game management. Approved March 28, 1970.

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BANKS AND BANKINGBRANCH BANKS, ETC. Code Chapter 13-2 Amended. No. 1339 (House Bill NO. 1135). An Act to amend Chapter 13-2 of Title 13 of the Code of Georgia, known as the Banking Law of Georgia, as amended, relating to the definition of terms and the regulation of banks, so as to redefine the terms branch bank, bank office, bank facility, village, and to define the term county; to prohibit, after the effective date of this Act, the establishment of new and additional branch banks, as defined; to provide for the establishment and operation of bank offices and bank facilities, to empower the Superintendent of Banks to regulate the establishment of bank offices and bank facilities; to provide for criteria of examination and determination of the public need and advantage in the establishment of bank offices and bank facilities; to limit the number of bank offices and bank facilities in certain counties; to provide that as part of the law of this State dealing with branch banking no bank shall carry on or conduct or do a banking business in this State except on the premises of the place of business (banking house); to provide for suits by the Superintendent of Banks to enforce any provision of the Banking Law; to repeal conflicting laws, and for other purposes. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Legislative Intent. It is the intention of this Act to recognize and provide local units of banking with additional service outlets (bank offices and bank facilities) within the entire county in which they are located rather than being restricted to municipal limits as heretofore required in order to meet the requirements of public need and advantage occasioned by urban growth and development outside municipal limits, so that territorial criteria for the establishment of and operation of bank offices and bank facilities shall be the county territorial limit

Page 955

rather than the municipal territorial limit. It is the intention of this Act that no new or additional branch banks will be established except where by reason of changing from municipal limits to county limits there exist bank offices in two counties within the same municipality, i.e., Fulton and DeKalb Counties, by reason of the City of Atlanta being in both counties. Section 2. That section 13-201.1 of Chapter 13-2 of Title 13 of the Code of Georgia, known as the Banking Law of Georgia, relating to the definition of the terms parent bank, branch bank, bank office, bank facility, bank holding company, bank, city, town and village, be, and the same is hereby, amended by striking the same in its entirety and substituting in lieu thereof a new section to be section 13-201.1, relating to the definition of the terms parent bank, branch bank, bank office, bank facility, bank holding company, bank, city, town, village and county, which shall read as follows: 13-201.1. Other definitions. (a) The term `parent bank' as used in this Title means the principal place of business where the general business of each bank shall be transacted in the particular city, town, or village specified in this charter. (b) The term `branch bank,' as used in this Title means any additional principal place of business of any parent bank located in a county other than in the county wherein the parent bank is chartered and is situated. (c) The term `bank office' as used in this Title means any additional place of business of a parent bank or a branch bank located in the same county in which said parent bank or branch bank is situated and which has obtained a permit to operate a complete banking service in the manner and under the conditions provided in this Title. (d) The term `bank facility' as used in this Title means any additional place of business of a parent bank or branch bank located in the same county in which said parent bank

Page 956

or branch bank is situated and which has obtained a permit to operate a limited banking service in the manner and under the conditions provided in this Title. (e) The term `bank holding company' as used in this Title means any company incorporated or organized under the laws of this State, or doing business in this State, which directly or indirectly owns, controls or holds, with power to vote, more than five per centum of the voting shares of each of two or more banks. (f) The term `bank' as defined in Section 13-201 of the Code of Georgia (Article 1, Section 1, of the Banking Law) as used elsewhere in this Title, shall include `bank office', `bank facility', `parent bank', and `branch bank', unless the context indicates that it does not. (g) The term `city' or `town' as used in this Title means a municipal corporation incorporated and chartered pursuant to an Act of the General Assembly of Georgia which describes the territorial boundaries and limits of such municipal corporations. (h) The term `village' as used in this Title means an assemblage or aggregation of houses for dwellings or business, or both, reasonably contiguous to each other and identifiable and generally known as a village or community but unincorporated and not chartered as a municipal corporation under the laws of the State of Georgia. For the purpose of this Title, the territorial boundaries and limits of each village in which a parent bank is located shall be fixed by the Superintendent of Banks immediately upon this section becoming effective and thereafter upon the grant of a charter to the bank situated in a village; provided, however, the territorial boundaries and limits of a village shall not extend beyond three miles in any direction from the geographic center of the village and shall not contain more than 12 square miles in total area; and provided, further, that a plat showing the boundary of such village shall be filed in the office of the Superintendent as a public record; and, also provided, that such village shall not extend into

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the territory, or incorporated area, of any municipal corporation. (i) The term `county' as used in this Title means a political subdivision of this State organized pursuant to an Act of the General Assembly of Georgia which describes the territorial boundaries and limits thereof and is named as a county in Section 23-101 of the Code of Georgia, as amended. Section 3. That section 13-203 of Chapter 13-2 of Title 13 of the Code of Georgia, known as the Banking Law of Georgia, relating to branch banks, be, and the same is hereby, amended by striking the same in its entirety and substituting in lieu thereof a new section to be section 13-203, relating to branch banks, which shall read as follows: 13-203. Branch Banks. (a) Branch banks, as defined in section 13-201.1 (b), shall be operated as branches and under the name of the parent bank, and under the control and direction of the board of directors and executive officers of said parent bank. The board of directors of the parent bank shall elect a cashier, and such other officers that may be required to properly conduct the business of said branch; and a board of directors, or loan committee, shall be responsible for the conduct and management of said branch, but not of the parent bank or of any other branch save that of which they are officers, directors, or committee. (b) Taxation of all banks, branch banks, bank offices, and bank facilities, shall be in the manner provided in section 92-2406 of the Code of Georgia, and all Acts amendatory and supplementary thereof. (c) No new or additional branch bank as defined in Section 13-201.1 (b) shall be established except as follows: (1) On the effective date of this subsection (c) (1), any parent bank or branch bank, which has a bank office, or bank offices, in operation and which was, or were, properly established with the approval and permission of the

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intendent of Banks and which is, or are, located in a county having a population of 250,000 or more according to the 1960 United States Decennial Census and any future such census other than in the county wherein the parent bank or branch bank is situated, shall be required to designate the bank office, or one of them, as a branch bank, but in no event shall a parent bank have more than one branch bank in any county; neither before nor after the effective date of this subsection (c) (1) shall there be established a new or additional branch bank as defined in this Title. Section 4. That section 13-203.1 of Chapter 13-2 of Title 13 of the Code of Georgia, known as Banking Law of Georgia, relating to the establishment and operation of bank offices and bank facilities, be, and the same is hereby amended by striking the same in its entirety and substituting in lieu thereof a new section to be section 13-203.1, relating to the establishment and operation of bank offices and bank facilities, which shall read as follows: 13-203.1. Bank Offices and Bank Facilities. (a) A parent bank or a branch bank, subject to the conditions provided in this Title, may, upon obtaining approval and a permit from the Superintendent of Banks, establish and operate a bank office or offices within the same county in which said parent bank or branch bank is situated. (b) A parent bank or a branch bank, subject to the conditions provided in this Title, may, upon obtaining approval and a permit from the Superintendent of Banks, establish and operate a bank facility or facilities within the same county in which said parent bank or branch bank is situated. (c) (1) Application for a permit to establish either a bank office or a bank facility shall be made to the Superintendent of Banks in such form as he may prescribe by regulation from time to time. 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 to his satisfaction that the public need and advantage will be promoted

Page 959

by the establishment of the proposed bank office or bank facility according to the same criteria of examination and determination provided in section 13-905 of the Code of Georgia (Section 4-A of Article VIII of the Banking Law of Georgia). (2) Without limitation on the authority contained in Paragraph (1) of this Subsection (c), and in furtherance thereof, the Superintendent of Banks may approve, with respect to any county now or hereafter having a population of 120,000, or under, the establishment of not more than one of either bank offices or bank facilities for each population unit of 20,000, or any fraction thereof, anywhere in said county in which the parent bank or branch bank is situated, (i.e., 20,000 and underone; 20,001 to 40,000two; 40,001 to 60,000three; 60,001 to 80,000four; 80,001 to 100,000five; 100,101 to 120,000six). The population shall be determined according to the 1960 official United States census, or any future official United States census. (3) Without limitation on the authority contained in Paragraph (1) of this subsection (c), and in furtherance thereof, the Superintendent of Banks may approve, with respect to any county now or hereafter having a population of more than 120,000, the establishment of bank offices or bank facilities, without specific limitation on the number, anywhere in said county in which the parent bank or branch bank is situated. The population shall be determined according to the 1960 official United States census, or any future official United States census. (4) The Superintendent of Banks may, in his discretion, to accommodate the public need and advantage of each locality, consider an application for a bank office as an application for a bank facility, or vice versa, and he may, in the exercise of his discretion, to accommodate the public need and advantage, determine the amount of funds which may be committed for the construction of each bank office or bank facility, whether by outright expenditure or by long-term lease contract, or by creation of, or utilization of, a real estate holding company. Within 90 days after

Page 960

the filing of an application for a permit to establish a bank office or bank facility, the Superintendent of Banks shall issue under his hand and seal a certificate approving or disapproving the application of a permit, which determination shall be final as to that application. (d) All bank offices and bank facilities, as defined in this Title, already lawfully established in certain cities, towns, or villages, shall not be required to apply for the permit hereinabove required to continue the present operations already established. (e) In the event of merger or consolidation of two or more banks pursuant to Chapter 14 of this Title, where all of the constituent banks shall have either a parent bank or a branch bank located in the same county, then the surviving or resulting bank shall be the parent bank and may retain and continue to operate any or all places of business of each constituent bank as either a branch bank, a bank office, or a bank facility, as is consistent with and may be authorized by this Title. In the event of the purchase of substantially all of the assets of a bank, pursuant to the approval of the Superintendent of Banks, where both the selling and the purchasing banks shall have either a parent bank or branch bank in the same county, then the purchasing bank shall be the parent bank and may retain and continue to operate any or all places of business of the selling bank as either a branch bank, a bank office, or a bank facility, as is consistent with and may be authorized by this Title. Section 5. That section 13-204.1 of Chapter 13-2 of Title 13 of the Code of Georgia, known as the Banking Law of Georgia, relating to a banking business being prohibited except at a banking house, be, and the same is hereby, amended by striking the same in its entirety and substituting in lieu thereof a new section to be section 13-204.1, relating to a banking business being prohibited except at a banking house, which shall read as follows: 13-204.1. Banking Business Prohibited Except at a Banking House. No bank shall carry on or conduct or do

Page 961

a banking business in this State except on the premises of the place of business (banking house) established and operated under and pursuant to a permit from the Superintendent of Banks. A banking business is the business which a bank is authorized to do pursuant to Chapter 13-18 of this Title and the Banking Law. It is intended that this section be construed as a part of the laws of this State dealing with branch banking. Section 6. That section 13-208 of Chapter 13-2 of Title 13 of the Code of Georgia, known as the Banking Law of Georgia, relating to suits by the Superintendent of Banks, be, and the same is hereby, amended by striking the same in its entirety and substituting in lieu thereof a new section to be section 13-208, relating to suits by the Superintendent of Banks, which shall read as follows: 13-208. Suits by Superintendent of Banks. The Superintendent of Banks of this State may bring an appropriate civil action to enforce any provision of this Chapter whether by injunction, or otherwise, in any Superior Court of this State having jurisdiction of one or more of the defendants. Section 7. Should any provision of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Severability. Section 8. This Act shall become effective January 1, 1971, and all laws and parts of laws in conflict herewith shall be, and the same are hereby, repealed. Effective date. Approved March 28, 1970. GAME AND FISHTAKING OF SHRIMP, ETC. No. 1340 (House Bill No. 1373). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating

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to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to repeal an Act prohibiting the possession of certain shrimp; so as to provide for the revocation of certain licenses; to change the dates and methods for opening the season for taking shrimp; to prohibit fishing during certain hours; to provide for the confiscation of certain equipment used in illegal fishing; to establish certain prerequisites for obtaining a bait fisherman's bond; to prohibit certain equipment being used for commercial shrimping; to provide for the confiscation of certain equipment used illegally by bait dealers; to provide for the impoundment of certain illegally used equipment; 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 section 94 in its entirety and inserting in lieu thereof a new section 94 to read as follows: Section 94. (a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the tidal or salt waters of this State between January 1 and May 31 of any year. Sounds shall be open from September 1 through December 31 of each year unless closed by the Director of the State Game and Fish Department. The director of the State Game and Fish Department shall have the power to close any sound to shrimping or crabbing with the power-drawn nets at any time the count of shrimp in such sound exceeds fifty-five (55) shrimp with heads on to the pound. The Director of the State Game and Fish Department may open any sound to shrimping and crabbing during the months of August or January when the count of shrimp in any sound, during any such month, is below fifty-five (55) shrimp to the pound with heads on. Officers, agents or representatives duly authorized by the State Game and Fish Commission

Page 963

shall determine by inspection the count of shrimp in the sounds of this State and findings by said authorized officers, agents or representatives shall be conclusive as to the count of shrimp per pound. In order to inform interested persons of the opening or closing of sounds as herein provided, the State Game and Fish Commission shall post notices at the courthouse and on all shrimp docks in the county in which such sounds lie, or in each county which sounds lie should they be in more than one county, and by any other means as may appear feasible. Such notices shall be posted at least twenty-four (24) hours prior to the closing hour. (b) Trawling during the open season shall be permitted only during the hours between 5 a.m. Eastern Standard Time and 8 p.m. Eastern Standard Time in any of the waters of this State. The sounds of this State shall be closed to commercial fishing from 8 p.m. Eastern Standard Time on Saturday until 5 a.m. Eastern Standard Time on Monday. (c) Except as otherwise specifically provided, it shall be unlawful to fish at any time with nets other than cast nets except for shad or sturgeon in any of the tidal rivers and creeks of this State. Nothing contained herein shall be construed so as to prohibit any person from using a beach seine along any public beach, nor to prohibit any person from taking crabs, with power-drawn nets, from Sapelo Sound or any waters outside during the year with nets of four and one-half inch stretched mesh only. (d) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of this section or in violation of section 94A, as hereinafter provided, is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall impound it in the name of the Director. The Director, within thirty (30) days after the seizure of any such equipment, shall institute proceedings by petition in the Superior Court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right

Page 964

affected by the seizure or sale of such equipment. A copy of such petition shall be served upon the owner or lessee of such equipment, if known, and upon the person or persons having custody or possession of such equipment at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such equipment at the time of seizure is unkown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was so used and that such use was with the consent, express or implied, of the owner, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied: (1) To the payment of proper costs and expenses including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property; and (4) The remainder shall be paid into the State treasury for deposit in the Game Protection Fund. Where the owner or lessee of any equipment seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceeding cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee.

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All proceedings against any such equipment for the purpose of condemnation, shall be proceedings in rem against the equipment and the equipment shall be described only in general terms. It shall be no ground for defense that the person who had the equipment in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceedings resulting from or arising out of such use. It is the intent and purpose of the procedure provided by this section to provide a civil remedy for the condemnation and sale of equipment used in violation of the provisions of this Section notwithstanding the conviction or acquittal of the person having possession or custody of the equipment at the time of its seizure. The conviction or acquittal of any such person shall not be admissible as evidence in any proceeding hereunder. Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, or lienholder shall be permitted to defend by showing that the equipment seized, if illegally used by another, was used without the knowledge, connivance or consent, expressed or implied, by such owner, lessee or lienholder. The holder of any bona fide lien on the property shall be protected to the full extent of his lien: Provided, however, that nothing contained herein shall be construed to obligate the Director beyond the proeceds of any such sale less the actual costs incurred by him. The court to whom any such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the equipment seized, the court to determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable in such cases. The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding by permitting the value of the equipment to be paid into court or the value of the equity therein, as determined

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by the court, which money when so paid in, shall be distributed as provided by law in all cases of condemnation. (e) The State Game and Fish Commission shall have the power to close any portion of the tidal and salt waters of this State to commercial shrimping, crabbing or fishing in the event of a disaster likely to cause marine life to be unfit for human consumption, or in the event of any other emergency situations. (f) Nothing contained in this section shall be construed so as to prohibit any person from fishing in the tidal or salt waters of this State for shrimp to be used or sold for live bait as provided in section 94A. (g) Nothing contained in this section shall be construed to prohibit any person from taking crabs, with powerdrawn nets, from any waters outside, on the seaward side, of any sounds at any time during the year with nets of four and one-half (4) inch stretched mesh only. (h) Any person violating any statute or rule and/or regulation of the Commission dealing with commercial fishing boat licenses, tags for fishing boats, display, identification numbers and letters thereon or commercial shrimping or crabbing with power-drawn nets and the taking of shrimp to be used or sold as live bait shall be guilty of a misdemeanor and punished as provided by law. Such conviction shall constitute the automatic revocation of the license or licenses of the violator. Such license or licenses may be reinstated at the discretion of the Commission for good cause shown. Independent of any such criminal prosecution or conviction, the Commission may deny, refuse to renew, suspend, or revoke the license or licenses of any person for violation of the statutes or rules and/or regulations pertaining to commercial fishing boat licenses, tags for fishing boats, display, identification numbers and letters thereon, or commercial shrimping and crabbing with power-drawn nets. Such action shall be taken in accordance with the Georgia Administrative Procedure Act as now exists or hereafter amended.

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Section 2. Said Act is further amended by striking section 94A in its entirety and inserting in lieu thereof a new section 94A to read as follows: 1. Any other provision of this Act to the contrary notwithstanding, any person may use a power-drawn net at any time in any of the salt waters of this State, not to exceed ten feet (10) at the widest part of its mouth for the purpose of taking shrimp to be used for live bait within the State of Georgia, provided that such shrimp are not to be sold, but are to be used by the person catching same, his friends or relatives. 2. No person shall engage in the taking of shrimp for live bait to be sold unless such person shall be the owner or full-time employee of an established bait dealership within the State of Georgia. All such qualified persons must first execute a bond in the amount of $1,000, payable to the Governor, in such form and with such sureties as the Commission may require, and conditioned upon the faithful compliance by such person with all the laws and regulations relating to game and fish. Such bond shall be in addition to the boat licenses (where applicable) required by Section 34 of this Act, as amended, and the commercial fisherman's license required by Section 37 herein, as amended, and notation of execution of such bond shall be stamped or endorsed on the applicants commercial fisherman's license. Such commercial fisherman qualifying under this paragraph shall be authorized to use power-drawn nets at any time in any of the salt waters of this State not larger than twenty feet (20) at the widest part of their mouth. 3. Equipment used for obtaining live bait as provided in paragraphs 1 or 2 herein cannot be used for other commercial fishing purposes. The use of such equipment for other commercial fishing shall constitute a violation of this Act. 4. Any person, firm or corporation violating any provisions of paragraphs 1, 2 or 3 herein, or who sells or otherwise

Page 968

disposes of, for human consumption, any shrimp caught for bait, or who possesses such shrimp for the purpose of sale or other disposition for human consumption, shall be guilty of a misdemeanor and punished as provided by law. 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 March 28, 1970. LANDLORD AND TENANTPROCEEDINGS AGAINST TENANTS HOLDING OVER. Code Chapter 61-3 Amended. No. 1343 (Senate Bill No. 250). An Act to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 657), and an Act approved February 11, 1957 (Ga. L. 1957, p. 18), so as to provide for notice to the tenant of the proceedings; to provide for a trial of the issues in accordance with procedures established for courts of record; to provide for the tenant's remaining in possession during the litigation; to provide for payment of rent; to provide for payment or accounting to the court for back rent allegedly owed; as it becomes due into court during the litigation, to provide for disbursement of the rent money paid into court; to provide for judgement; to provide for appeals; to provide a procedure for payment by the tenant of all rent allegedly owed plus the cost of the dispossessory warrant as a defense to the action; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 657), and an Act approved February 11, 1957 (Ga. L. 1957, p. 18), is hereby amended by striking in its entirety Code section 61-302 and inserting in lieu thereof a new Code section 61-302 to read as follows: 61-302 (a) When the affidavit provided for in Section 61-301 shall be made, the judge of the Superior Court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the Defendant. If the sheriff is unable to notify the Defendant personally, notice may be given by delivering said summons and affidavit to any person sui juris residing on the premises. If the sheriff, after a diligent investigation, has reason to believe that the premises are vacant and have been vacant for a period exceeding one month, and that personal service as previously provided herein cannot be made, he shall go before the presiding judge of any court of record in the county in which the premises are located and relate his reasons for believing the premises to be, and to have been, vacant for a period exceeding one month. The judge of the Superior Court or justice of the peace may then order the officer to tack a copy of said summons and affidavits on the door of the premises and also to dispatch notice in a registered letter to the Defendant at the address of the premises involved. (b) The summons served on the Defendant pursuant to subsection (a) shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than twenty days from the date of actual service. Section 2. Said Code Chapter is further amended by striking Code section 61-303 in its entirety and inserting in lieu thereof a new Code section to read as follows: 61-303 Answer and Trial At or before the time of the hearing the Defendant may answer in writing. Also, the

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Defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense, or counterclaim. If the Tenant fails to answer, the Court shall issue a writ of possession. If the Tenant answers, a trial of the issues shall be had in accordance with procedures prescribed for civil actions in Courts of Record. Every effort should be made by the Trial Court to expedite a trial of the issues. The Defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, if determination of the litigation cannot be terminated within one month from the date of the original affidavit, the Tenant shall be required to pay rent into the registry of the Court pursuant to section 3 of this Act. Section 3. Said Code Chapter is further amended by striking Code section 61-304 in its entirety and inserting in lieu thereof a new Code section to read as follows: 61-304 Payment of Rent into Court In any case where the issue of the right of possession cannot be finally determined within one month from the date of the original affidavit, the Tenant shall be required to pay into the registry of the Trial Court: (a) All rent which becomes due after the issuance of the dispossessory warrant as said rent becomes due. If the Landlord and Tenant disagree as to the amount of rent, the parties, or one of them, may submit to the Court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the Court. If the amount of rent is in controversy and no written rental agreement exists between the Tenant and Landlord, the Court shall require as the amount of rent a sum equal to the last previous rental payment made by the Tenant and accepted by the Landlord without written objection. (b) All rent allegedly owed prior to the issuance of the dispossessory warrant provided, however, that in lieu of such payment the Tenant shall be allowed to submit to the

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Court a receipt indicating that payment has been made to the Landlord. In the event that the amount of rent is in controversy, the Court shall determine the amount of rent to be paid into Court in the same manner as expressed in subsection (a) of this section. (c) If the Tenant should fail to make any rental payment as it becomes due pursuant to subsections (a) or (b) of this section, the Court shall issue a writ of possession and the Landlord shall be placed in full possession of the premises by the sheriff, deputy or constable. (d) The Court shall order the Clerk of the Court to pay to the Landlord the payments paid into the registry of the Court as the said payments are made, provided, however, that if the Tenant claims that he is entitled to all or any part of said fund and such claim is an issue of controversy in the litigation the Court shall order the Clerk to pay to the Landlord without delay only that portion of the fund to which the Tenant has made no claim in the proceedings. That part of the fund which is a matter of controversy in the litigation shall remain in the registry of the Court until a final determination of the issues. Section 4. Said Code Chapter is further amended by striking Code section 61-305 in its entirety and inserting in lieu thereof a new Code section to read as follows: 61-305 Judgment and Satisfaction (a) If, on the trial of the case, judgment is against the Tenant, judgment shall be entered against the Tenant for all rents due and for any other claim relating to the dispute. (b) If judgment is for the Tenant, he shall be entitled to remain in the premises and the Landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct. Any funds remaining in the registry of the Court shall be distributed to the parties in accordance with the judgment of the Court. Section 5. Said Code Chapter is further amended by striking in its entirety Code section 61-306, and inserting in lieu thereof a new Code section 61-306, to read as follows:

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61-306 Appeal Any judgment by the Trial Court shall be appealable pursuant to Title 6 of the Georgia Code Annotated. If the judgment of the Trial Court is against the Tenant and the Tenant appeals this judgment, the Tenant shall remain in possession of the premises; provided, however, that the Tenant shall be required to pay rent into the registry of the Trial Court pursuant to section 3 (a) of this Act until the issue has been finally determined on appeal. Section 6. Said Code Chapter is further amended by adding the following in its entirety: Offer of Payment by the Tenant In an action for non-payment of rent, the Tenant shall be allowed to tender, within seven days of the day the Tenant was served with the summons pursuant to section 1 of this Act, to the Landlord all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a Landlord is required to accept such a tender from any individual Tenant after the issuance of a dispossessory summons only once in any twelve-month period. Approved March 28, 1970.

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PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1970

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EFFECTIVE DATE OF CONSTITUTIONAL AMENDMENTS. Proposed Amendment to the Constitution. No. 172 (House Resolution No. 196-565). A Resolution. Proposing an amendment to the Constitution so as to provide that, unless the amendment itself shall provide otherwise, an amendment to the Constitution shall become effective on the first day of January following its ratification; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Section I of Article XIII of the Constitution is hereby amended by adding at the end thereof a new Paragraph to be designated as Paragraph IV and to read as follows: Paragraph IV. Effective date of amendments. Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification. Section 2. The above proposed amendment to the Constitution 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, unless otherwise provided by the amendment, an amendment to the Constitution shall become effective on the first day of January following its ratification?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PROPERTY EXEMPT FROM AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 173 (House Resolution No. 204-586). A Resolution. Proposing an amendment to the Constitution so as to provide that all property held by and belonging to public, nonprofit corporations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: All property held by and belonging to public, nonprofit corporations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services to the general public, shall be exempt from all ad valorem taxation.

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Section 2. The above proposed amendment to the Constitution 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 all property held by and belonging to public, nonprofit corporations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FAYETTE COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 174 (House Resolution No. 517-1042). A Resolution. Proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of office of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent; to provide for the submission

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of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VI, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: The Board of Education of Fayette County shall, effective January 1, 1973, elect the County School Superintendent of Fayette County and no election for County School Superintendent shall be held in 1972. The present Superintendent shall continue in office through December 31, 1972. The Superintendent shall serve at the pleasure of the Board of Education, and shall be subject to all other provisions of the Constitution and laws not in conflict herewith. Section 2. The above proposed amendment to the Constitution 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 at the expiration of the present term of office to the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent? All person desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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FAYETTE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 175 (House Resolution No. 518-1042). A Resolution. Proposing an amendment to the Constitution so as to provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County; to provide that all of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom the following: The Board of Education of Fayette County shall consist of five (5) members to be elected by the voters of Fayette County. For the purpose of electing such members, Fayette County shall be divided into five education districts, as follows: Education District No. 1 shall be composed of Milita District No. G.M.D. 496 (Fayetteville); Education District No. 2 shall be composed of Milita District No. G.M.D. 538 (Woolsey); Education District No. 3 shall be composed of Milita District No. G.M.D. 1293 (Brooks) and Militia District No. G.M.D. 495 (Starrs Mill); Education District No. 4 shall be composed of Militia District No. G.M.D. 624 (Shake Rag) and Militia District No. G.M.D. 549 (Rear Over); Education District No. 5 shall be composed of Militia District No. G.M.D. 1248 (Hopeful) and

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Militia District No. G.M.D. 709 (Black Rock) and Militia District No. G.M.D. 1262 (Europe). One member shall be elected from each Education District. No person shall be eligible to serve as a member of the Fayette County Board of Education from Education District, unless he shall reside in such district. He shall be elected by the voters of the Education District of which he represents. In order to be eligible to hold office as a member of said board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of an English education, and must be qualified to vote for members of the General Assembly. Not later than ten days after the ratification of this amendment it shall be the duty of the Ordinary of Fayette County to issue the call for an election for the purpose of electing the members of the Board of Education of Fayette County. The day of such election shall be set for a day not less than fifteen (15) nor more than twenty (20) days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief description of the procedure connected therewith, once a week for two weeks immediately preceding the date thereof in the official organ of Fayette County. The members elected from Education Districts Nos. 1 and 2 shall serve for a term of one year; the members elected from Education District Nos. 3 and 4 shall serve for a term of two years; the members elected from Education District No. 5 shall serve for a term of four years. All members elected at such election shall take office January 1, 1963, and their term of office shall expire on December 31st of the last year of such term. The successors to such members shall be elected for a term of four years and shall be elected at the same time County Officers of Fayette County are elected. The Board of Education of Fayette County in effect at the time of the ratification of this amendment shall

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be abolished effective December 31, 1962, and the term of office of the members of such Board shall expire on such date. In case of a vacancy on said Board by death, resignation, or from any cause other than expiration of a term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term. and substituting in lieu thereof the following: The Board of Education of Fayette County shall be composed of five members to be elected as hereinafter provided. Within six months after the results of each United States decennial census shall become available, the Board of Education of Fayette County shall divide Fayette County into five education districts. The Board, in providing for such districts, shall provide that each district shall contain, as nearly as possible, equal population. Positions on the Board shall be numbered 1 through 5, respectively. There shall be elected to the Board one member from each education district. In order to be eligible to be elected to the Board, a candidate must reside within the education district which corresponds by number to the position on the Board for which he offers for election. All of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board. The first election for members of the Board, under the provisions of this paragraph, shall be conducted in the general election of 1972. Candidates elected to the Board shall take office on the first day of January following their election. Candidates elected in said election from Districts 1, 2 and 3 shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates elected in said election from Districts 4 and 5 shall serve for a term of office of two years and until their successors are duly elected and qualified. Thereafter, successors to the members of the Board of Education shall be elected in the general election conducted in that year in which the respective term of office shall expire, shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected

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and qualified. Those members of the Board of Education of Fayette County serving at the time of the adoption of this paragraph shall continue to serve as members of the Board and shall continue to administer the affairs of the Fayette County school system until their successors shall be elected and qualified as herein provided. In the event a vacancy shall occur on the Board, the remaining members of the Board shall appoint a qualified resident of the education district in which the vacancy shall occur to serve out the unexpired term of office. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County, and to provide that all of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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PEANUTS EXEMPT FROM AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 176 (House Resolution No. 519-1042). A Resolution. Proposing an amendment to the Constitution so as to exempt peanuts grown in this State and stored in licensed or bonded warehouses, regardless of ownership, from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: Peanuts grown in this State and stored in licensed or bonded warehouses are hereby exempted, regardless of ownership, from all ad valorem taxation authorized to be levied by the State, counties, municipalities, school districts or other political subdivisions. Section 2. The above proposed amendment to the Constitution 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 exempt peanuts grown in this State and stored in licensed or bonded warehouses, regardless of ownership, from all ad valorem taxation?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. BEN HILL COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 177 (House Resolution No. 523-1072). A Resolution. Proposing an amendment to the Constitution so as to provide that the General Assembly of Georgia shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Fitzgerald and the existing school district in the County of Ben Hill lying outside the corporate limits of said city, into one school district co-extensive with the limits of Ben Hill County, Georgia; to provide that the Superintendent of Education for the resulting school district shall be appointed by the new Ben Hill County Board of Education; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to read: The General Assembly of Georgia is hereby authorized to pass a special Act or Acts to merge the existing independent school system of the City of Fitzgerald and the existing school district in the County of Ben Hill outside

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the corporate limits of said city, so that the entire area of Ben Hill County shall constitute one school district or system, the independent school system in the City of Fitzgerald and the existing school district in Ben Hill County outside said corporate limits of said city being thereby abolished. The General Assembly may provide for a new political entity, the affairs of which are to be managed by a board of education, to bear the name Ben Hill County Board of Education, hereinafter referred to as the board. The administration of said school system shall be vested in a board to be known as the Ben Hill County Board of Education. The board shall consist of seven (7) members, men or women, or some of both, who at the time of their election shall be at least twenty-five (25) years of age and shall have been a bona fide resident of Ben Hill County for at least four (4) years. Members of the board shall be persons of good moral character, who shall have a good knowledge of the elementary branches of our English education and be favorable to the common school system. Three (3) members of said board shall be elected from the corporate limits of the City of Fitzgerald. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying North of State Highway Number 107 and West on U. S. Highway Number 129. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying North of State Highway Number 107 and State Highway Number 206 from its intersection with State Highway Number 107, and East of U. S. Highway Number 129. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying South of State Highway Number 107 and State Highway Number 206. One (1) member of said board shall be elected at large from the entire County of Ben Hill, including the City of Fitzgerald.

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The General Assembly of Georgia may provide the time and method of holding elections for board members. The election of all seven of said board members shall be by a vote of the qualified voters of the entire County of Ben Hill (including the qualified voters who live within the corporate limits of the City of Fitzgerald). The first board of education for said system shall be composed of a seven-man board appointed from the membership of the two existing boards, as follows: 1. The Board of Commissioners for Ben Hill County and the Mayor and Council of the City of Fitzgerald meeting jointly shall appoint the member at large and said member may be from either board of education. 2. The Board of Commissioners for Ben Hill County shall appoint three members from the existing board of education of Ben Hill County. 3. The Mayor and Council of the City of Fitzgerald shall appoint three members from the existing board of education for the City of Fitzgerald. 4. Two of the members named from the board of education of the City of Fitzgerald shall be appointed for a term of one year, and one member shall be appointed for a term of three years. 5. Two of the members named from the board of education of Ben Hill County shall be appointed for a term of one year, and one member shall be appointed for a term of three years. 6. The member at large shall be appointed for a term of three years, and thereafter the term of all members shall be four years, and all members of the board shall hold office until their successors are elected and qualified. In case of a vacancy on said board by death, resignation or from any other cause other than the expiration of such member's term of office, the remaining members

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of said board shall, by secret ballot, elect his successor for the unexpired term. That the said board shall elect officers annually. These officers shall include a chairman, a vice-chairman, a secretary, and a treasurer. The offices of secretary and treasurer may be performed respectively by one and the same person, and may be a person or persons other than a member of said board. Each and every member of said board shall at all times have rights and privileges of voting in meetings, but the presiding officer shall not vote unless there is a tie vote, in which case he shall cast the deciding ballot. The board members shall have such qualifications and shall be paid such compensation as may be fixed by law. The said board is hereby authorized and empowered to operate, conduct and control said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution; to contract and be contracted with; to appoint and employ teachers and to fix their salaries; and to do all and every act or acts as may be necessary for the proper maintenance and operation of a comprehensive school system throughout the limits of Ben Hill County. From and after the ratification of this amendment, the voters of Ben Hill County shall no longer elect the Ben Hill County School Superintendent. The General Assembly shall have authority to abolish without a referendum, the term of the present County School Superintendent of Ben Hill County. The board shall elect or employ a superintendent of education and fix his salary. He shall have such qualifications as may be fixed by law, and shall have training in school administration. That the present County School Superintendent shall continue to hold some administrative position in the school system, and shall receive the same remuneration as is now paid him, until the expiration of his term of office, and the

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Superintendent of the city school system shall be continued in an administrative capacity and shall be paid the same remuneration as is presently paid him, until the expiration of his contract. Notwithstanding any other provision of this Constitution, the fiscal authorities of Ben Hill County shall levy a tax for the support and maintenance of said school system of not greater than the amount allowed by the laws of Georgia, the amount to be recommended by the board, and shall be uniform through the county of all taxable property in the county. Notwithstanding any other provision of this Constitution or any provisions of law, the commission or fees of the Tax Collector of Ben Hill County for collection of moneys for school purposes shall not exceed the following rates: Two and one-half percent (2-%) on the first $100,000.00 collected; one percent (1%) on the second $100,000.00 collected; and one-half of one percent (%) on all amounts collected above. The above schedule of rates shall apply to all collections of moneys for school purposes, including that collected for operation, maintenance, bond retirement, interest payments, and for any other school purpose by whatever name called. Should the Tax Collector of Ben Hill County be changed from a fee to a salary, this provision shall become inoperative. The General Assembly may authorize the City of Fitzgerald and the County of Ben Hill to appropriate money from their general funds to the board of education herein created, for educational purposes. The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purposes of establishing and maintaining

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a comprehensive system of public education throughout the limits of Ben Hill County. That the officials in charge of the affairs of the City of Fitzgerald and of the County of Ben Hill shall, in joint meeting, decide what properties belonging to each school system shall be necessary for the purposes of carrying on the combined school system, and after deciding which properties are necessary, each body shall deed to the new board the properties so designated. The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or any general or special laws of the State. The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant hereto. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Fitzgerald and the existing school district in the County of Ben Hill lying outside the corporate limits of said city, into one school district or system coextensive with the limits of said county, and to provide that the Superintendent of Education for the resulting school district shall be appointed by the new Ben Hill County Board of Education?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOUSEHOLD FURNITURE, ETC. EXEMPT FROM AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 178 (House Resolution No. 544-1101). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph: All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals and tools; and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.,

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and substituting in lieu thereof the folowing paragraph: The General Assembly is hereby authorized to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home, if not held for sale, rental or other commercial use, shall be exempt from all ad valorem taxation. The General Assembly is further authorized to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law that all personal clothingand effects, household furniture, furnishings, equipment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; and to further authorize the General Assembly to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PEACH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 179 (House Resolution No. 583-1182). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V is hereby amended by adding at the end thereof the following: The governing authority of Peach County is hereby authorized to levy a tax on all taxable property in Peach County not to exceed 1 mill and to donate the proceeds of such tax levy to the Peach County Industrial Development Authority for use by said Authority for the purposes for which it was created. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COWETA COUNTYINDEBTEDNESS FOR WATER AND SEWERAGE PURPOSES. Proposed Amendment to the Constitution. No. 180 (House Resolution No. 584-1182). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed seven per centum (7%) of all property within said county subject to taxation for bond purposes, which debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution; to authorize the county to levy taxes without limitation to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to authorize the levy of taxes to operate and maintain said water and sewerage system; to provide for the submission of this amendment for ratification or rejection; to repeal the

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local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta County Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq.; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The local amendment to Article II, Section I, Paragraph I, of the Constitution captioned Coweta County Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq., is hereby repealed. Section 2. Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: Anything in this Constitution to the contrary notwithstanding, Coweta County is hereby authorized to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance, from time to time, of its direct general obligation water and sewerage bonds, but the aggregate principal amount of such general obligation bonds outstanding at any one time shall not exceed seven per centum (7%) of the assessed value of all taxable property within the county subject to taxation for bond purposes. Said debt limitation shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by Article VII, Section VII, Paragraph I of the Constitution. Nothing herein contained shall limit or otherwise affect the amount of bonds Coweta County may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said county is hereby authorized to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature. The issuance or non-issuance of said water and sewerage bonds shall be submitted to the registered, qualified voters of the county for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. In addition to the foregoing, the governing authority of Coweta County is hereby authorized to levy taxes to pay the cost of operating,

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maintaining, repairing or otherwise improving the water and sewerage system of said county. The provisions of this amendment are cumulative and are in addition to all other rights and authority which have heretofore been conferred or may hereafter be conferred upon Coweta County, under the Constitution and laws of the State of Georgia, including, but not limited to, the rights and authority of said county to issue its water and sewerage revenue bonds under the Constitution and the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended). This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amendment. Section 3. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta County Fire, Water Etc. Districts, Georgia Laws 1964, Vol. I, page 906 et seq., and so as to authorize Coweta County to issue its general obligation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purpose, which debt limitation shall

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be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said County. All persons desiring to vote in favor of adopting the proposed amendment shall do so by voting YES as to the question propounded and all persons desiring to vote against the adoption of the proposed amendment shall do so by voting NO as to the question propounded. If such amendment shall be ratified as provided in said Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. HOMESTEAD EXEMPTION OF CERTAIN DISABLED VETERANS. Proposed Amendment to the Constitution. No. 181 (House Resolution No. 587-1189). A Resolution. Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the definition of the term disabled veteran; to provide for the submission of this amendment

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for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the figure 10,000.00 from the seventh paragraph of Article VII, Section I, Paragraph IV and inserting in lieu thereof the figure 12,500.00, so that the seventh paragraph of Article VII, Section I, Paragraph IV, when so amended, shall read as follows: Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term `disabled veteran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled as a result of such service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to increase the homestead exemption for disabled veterans who have been disabled as a result of service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheel-chair? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GWINNETT COUNTYPOLICE POWERS. Proposed Amendment to the Constitution. No. 182 (House Resolution No. 603-1236). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to

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empower the Board of Commissioners of Gwinnett County, Georgia, 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 board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of businesses and levying of license taxes on businesses in the unincorporated area of the county; to authorize the creation of a County Recorder's Court for Gwinnett County, and to provide the authority, jurisdiction, and powers thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. Article XI, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph, to read as follows: Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized: 1. To empower the Board of Commissioners of Gwinnett County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Gwinnett County, Georgia, and to provide penalties for violations of such ordinances; to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms, and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission, and

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2. To establish and create in and for the County of Gwinnett, a Recorder's Court, which shall have jurisdiction in Gwinnett County and which shall be empowered to hear and determine misdemeanor traffic cases arising under the laws of the State of Georgia, and which shall be empowered to hear and determine cases involving violations of county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and penalty for violation thereof as may be provided by law, and which shall have such other and further powers as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the constitution be amended so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County, Georgia, 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 board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of businesses and levying of license taxes on businesses in the unincorporated area of the county; to authorize the creation of a County Recorder's Court for Gwinnett County, and to provide the authority, jurisdiction, and powers thereof? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. SPALDING COUNTYSALARY RECOMMENDATION BY GRAND JURY. Proposed Amendment to the Constitution. No. 183 (House Resolution No. 617-1246). A Resolution. Proposing an amendment to the Constitution so as to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section II, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following: The first Spalding County grand jury drawn in 1971, and each fourth year thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought by such grand jury to be necessary or desirable. The recommendations shall be made a part of the grand jury's presentment,

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but shall have no binding effect upon the governing authority of the county or the General Assembly. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are thought to be necessary or desirable? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FAYETTE COUNTYSALARY RECOMMENDATIONS BY GRAND JURY. Proposed Amendment to the Constitution. No. 184 (House Resolution No. 618-1246). A Resolution. Proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in

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1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section II, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following: The first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought by such grand jury to be necessary or desirable. The recommendations shall be made a part of the grand jury's presentment, but shall have no binding effect upon the governing authority of the county or the General Assembly. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are thought to be necessary or desirable? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. LAGRANGETROUP COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 185 (House Resolution No. 639-1288). A Resolution. Proposing an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs to read as follows: The existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point are hereby merged into one school district coextensive with the existing City of LaGrange school district and the Troup County School district; and the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the

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corporate limits of the cities within Troup County are hereby abolished. The merged school system and district shall constitute a new school district and shall be known as the LaGrange-Troup County School System; provided, however, the Board of Education, hereinafter created, shall have the authority to change the name of said school system to the Troup County School System. The LaGrange-Troup County School System shall be a political subdivision of the State of Georgia, separate and apart from the political entities of the City of LaGrange and Troup County. The administration of said school system shall be vested in a Board of Education to be known as the LaGrange-Troup County Board of Education. Such Board shall be constituted of six (6) members, male or female, or some of each who at the time of their election shall be at least twenty-five (25) years of age and shall have been bona fide residents of the area comprising the LaGrange-Troup County school district for a period of not less than four (4) years. Members of the Board shall be freeholders of good moral character with a good knowledge of the system of public education and a sound belief therein. Three (3) members of the School Board shall be residents of and elected from within the corporate limits of the City of LaGrange as the same may now or hereafter exist. Three (3) members shall be residents of and elected from within that area of Troup County without the corporate limits of the Cities of LaGrange, Hogansville and West Point. The election shall be by a majority vote of the qualified voters voting within the corporate limits of the City of LaGrange for the three members to be elected from LaGrange and shall be by a majority vote of the qualified voters voting within that area of Troup County without the corporate limits of the Cities of LaGrange, Hogansville and West Point for the three (3) members to be elected from Troup County. The term of office of each member shall be for a period of six (6)

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years, the terms to be staggered so that at least two (2) members will be elected each two (2) years. All candidates for election to the LaGrange-Troup County Board of Education shall qualify for election in accordance with the provisions of the Georgia Election Code, and the election shall be held each two (2) years as a part of the General Election. In the event of a vacancy on said Board occasioned by death, resignation, or removal by any member of his residence from the district from which he was elected, or for any cause other than the expiration of such member's term of office, the remaining members of such Board shall elect his successors for the unexpired term. In January of each year the Board shall elect a Chairman who shall be the chief executive officer of such Board of Education and shall preside at all meetings of the Board of Education, and shall elect a Vice-Chairman, who shall perform the functions of the Chairman in his absence. The Board shall have the authority to elect such other officers as may be necessary to properly perform their functions. The LaGrange-Troup County Board of Education is authorized to provide for the holding of such meetings, regular or special, as they may deem necessary for the proper conduct of such school system and the business thereof, and to make provisions for the time, place and manner of holding such meetings and conducting the same. The initial Board of Education for the LaGrange-Troup County School System shall consist of a six (6) member Board, which shall be appointed from the existing membership of the LaGrange Board of Education and the Troup County Board of education in the following manner: (a) The Mayor and City Council of the City of LaGrange shall appoint three (3) members from the existing

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City of LaGrange Board of Education. The first appointee shall serve for a term of six (6) years, his successor to be elected in the General Election in 1976. The second appointee shall each serve for a term of four (4) years, his successor to be elected in the General Election in 1974. The third appointee shall serve for a period of two (2) years, his successor chosen in the General Election in 1972. (b) The Board of Commissioners of Roads and Revenues of Troup County shall appoint three (3) members from the existing Troup County Board of Education. The first appointee shall serve for a term of six (6) years, his successor to be elected in the general Election in 1976. The second appointee shall serve for a period of four (4) years, his successor to be elected in the General Election in 1974. The third appointee shall serve for a term of two (2) years, his successor to be chosen in the General Election in 1972. (c) The initial members to the LaGrange-Troup County Board of Education to be appointed as herein specified shall be named and announced during the month of January, 1971, but prior to January 26, 1971. Notwithstanding the effective date of the merger on July 1, 1971, the initial members of the LaGrange-Troup County Board of Education shall begin functioning as a Board not later than January 26, 1971, making the necessary plans and taking the necessary action for the merger on July 1, 1971, so that the transition to a merged system of schools can be effectively implemented on that date. The LaGrange-Troup County School System is hereby authorized and empowered to take and damage, by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields, or other purposes, in connection with the common schools, high schools, or any public educational program which is now or may be hereafter authorized by law under any of the procedures now in force or hereafter enacted by the General Assembly of Georgia.

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The said Board is hereby authorized and empowered to operate, conduct and control a system of public schools within the district created, and the fiscal affairs thereof, including the right and authority to create indebtedness as may be authorized by the General Assembly not in conflict with this Constitution, including but not limited to, the right to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving the necessary school buildings and for acquiring the necessary property therefor; to contract and be contracted with, to purchase, own and hold real estate for educational purposes, and to sell and dispose of such real estate which is no longer needed for educational purposes; to appoint and employ teachers and fix their salaries; and to do all and every act as may be necessary for the proper maintenance and operation of a comprehensive system of education throughout the limits of the LaGrange-Troup County School District, and to have any and all powers which may now or hereafter be conferred upon County School Boards by the General Assembly of Georgia or by the Constitution of the State of Georgia. The Board shall elect or employ a Superintendent of Education and shall have authority to establish the length and term of the contract for such Superintendent and to fix the salary therefor. The Superintendent shall have such qualifications as may be prescribed by law and shall have had training and experience in school administration. Notwithstanding any other provision of this Constitution, the Board of Commissioners of Troup County, Georgia, or their successors in title and office, shall annually levy a tax for the support and maintenance of the LaGrange-Troup County School District upon all taxable property within the school district, in accordance with the amount allowed by law within the State of Georgia, such amount to be recommended by the Board of Education annually to the levying authority, such levy to be uniform throughout the school district on all taxable property therein.

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The General Assembly in addition may authorize the City of LaGrange and the Board of Commissioners of Troup County to appropriate money from their general funds to the Board of Education for educational purposes. Any properties owned by the Troup County Board of Education or by the Board of Education of the City of LaGrange and used exclusively for school purposes, and any property owned by the City of LaGrange or by the Board of Commissioners of Troup County and used exclusively for school purposes shall, by the proper authorities and without any compensation, be deemed to and become the property of the LaGrange-Troup County School System and shall be held, managed and operated by the Board of Education of such School System. The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purpose herein set forth shall exist notwithstanding the other provisions of this Constitution or any general or special laws of the State of Georgia. The General Assembly may, from time to time enact such legislation as may be necessary to carry into effect purposes and intent of this Constitutional Amendment and may from time to time make special Acts amending the Act or Acts enacted pursuant hereto. The specifications of certain powers herein are not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of the LaGrange-Troup County School District. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GLYNN COUNTYTAXATION FOR WATER AND SEWER PURPOSES. Proposed Amendment to the Constitution. No. 186 (House Resolution No. 647-1310). A Resolution. Proposing an amendment to the Constitution, so as to authorize the governing authority of Glynn County to exercise the power of taxation for water and sewer purposes and to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II, of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof the following:

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The governing authority of Glynn County is hereby authorized to exercise the power of taxation for the purpose of acquiring, constructing, reconstructing, bettering, enlarging, extending, improving, maintaining, and operating systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses and the collection, treatment, and disposal of sewage, waste, and storm water together with all parts of any such undertaking and all appurtenances thereto including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and watermains, filtration works, pumping stations, and equipment, and for the purpose of aiding in any of the foregoing, which purposes are hereby declared to be public purposes, and to expend funds raised by the exercise of such power. Section 2. When the above amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize Glynn County to exercise the power of taxation for water and sewer purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall do so by voting Yes on the question propounded, and all persons desiring to vote

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against ratifying the proposed amendment shall do so by voting No on the question propounded. If such amendment shall be ratified as provided in the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon. GLYNN COUNTY PUBLIC IMPROVEMENT AUTHORITY. Proposed Amendment to the Constitution. No. 187 (House Resolution No. 648-1310). A Resolution. To propose an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Glynn County Public Improvement Authority; to provide the manner in which the name of such Authority may be changed; to authorize said Authority to acquire, construct, equip, maintain, and operate public projects embracing buildings and facilities for use by Glynn County and other political subdivisions of the State of Georgia, for their governmental, proprietary, and administrative functions and for the development and promotion of the civic and cultural growth, public welfare, education, amusement, and recreation of their citizens, and for use by such other agencies, authorities, departments, and political subdivisions of the State of Georgia or of the United States of America, as may contract with the Authority for the use of such facilities and embracing systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses and the collection, treatment, and disposal of sewage, waste, and

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storm water; to authorize Glynn County and any other political subdivision of the State of Georgia to lease or sell lands and buildings to such Authority; to provide for the appointment of the members of the Authority; to provide for the manner of changing the number of members and the manner of their appointment to define certain words and terms; to confer powers and impose duties on the Authority; to authorize the Authority and Glynn County and other agencies, authorities, departments, and political subdivisions of the State of Georgia to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt, within the meaning of the Constitution of the State of Georgia, Art. VII, VII, I, of Glynn County or of any other political subdivision of the State of Georgia shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents, tolls, charges, and earnings, and other funds of the Authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, tolls, charges, and earnings for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects, to authorize the adoption of resolution and the execution of trust and security instruments to secure the payment of such bonds and to provide the rights of the owners of such bonds; to make the bonds of the Authority exempt from taxation; to provide the right and power for the Authority to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to provide that such bonds shall be legal investments and to exempt the same and the interest thereon, along with all property and income of the Authority, from taxation; to provide for the Authority immunity and exemption from liability for torts and negligence; to provide that

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the property of the Authority shall not be subject to levy and sale; to provide that this amendment shall be liberally construed; to provide an effective date for this amendment; to provide that no enabling legislation shall be necessary; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: 1. Glynn County Public Improvement Authority Created. There is hereby created a public body corporate and politic to be known as the Glynn County Public Improvement Authority, hereinafter sometimes designated as the Authority, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however may be changed in the future by act of the General Assembly and the purpose of which shall be to acquire, construct, reconstruct, improve, better, extend, and equip public projects, as hereinafter defined, within or without the territorial boundaries of Glynn County. 2. Membership. The Authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the Commissioners of Glynn County. The members of said Commission shall not be eligible to be elected to and to serve on said Authority. The members of the Authority shall hold office for the term of five years and until their successors shall have been elected and qualified, provided, however, that, of the original members elected to the Authority, one shall be elected for a term of one year, one for two years, one for three years, one for four years, and one for five years. Any vacancy on the Authority shall be filled for the unexpired term, and said County Commission may act to fill vacancies caused by the expiration of term before the vacancy occurs. Immediately after their election,

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the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and a Treasurer, or a Secretary-Treasurer who may but need not necessarily hold membership on the Authority. Three members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and shall have perpetual existence. In the event the number of members of the Authority, or the number required to constitute a quorum, or the qualifications or compensation of the members of the Authority, or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by act of the General Assembly. 3. Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (a) The word, `Authority' shall mean the Glynn County Public Improvement Authority, created hereby. (b) The word `project' shall mean and include real and personal property acquired or held by the Authority for one or a combination of two or more of the following undertakings: public buildings and facilities intended for use as a courthouse, jail, administrative offices, governmental offices, proprietary and utility offices, all buildings and facilities of every kind and character determined by the Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Glynn County or any other political subdivision

Page 1016

of the State of Georgia in the performance of the governmental, proprietary, and administrative functions of such political subdivision or in the development and promotion of the civic and cultural growth, public welfare, education, amusement and recreation of the citizens of such political subdivision, also all buildings and facilities intended for use by any division, department, institution, authority, or agency of the State of Georgia or of the United States of America, and all systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses and the collection, treatment, and disposal of sewage, waste, and storm water together with all parts of any such undertaking and all appurtenances thereto including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and watermains, filtration works, pumping stations, and equipment. All real and personal property alluded to hereinabove shall be used solely for public purposes, and no private individual, corporation or firm shall be entitled to use same. The exterior of the present Glynn County Courthouse shall not be changed nor shall any additional buildings be placed on the Courthouse Square unless the qualified voters of Glynn County voting in a referendum shall approve same. (c) The term `cost of project' shall embrace, inter alia, the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction and for six months thereafter, architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses, expenses incident to determining the feasibility or practicability of the project, expenses incident to the acquiring, constructing, equipping, maintaining, and operating of any project or any part thereof and to the placing of the same in operation and to the condemnation of any property

Page 1017

incident to such acquisition, construction, and operation. (d) The term `revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obligations authorized hereby may by issued by the Authority in the manner authorized under said Revenue Bond Law but shall be subject to no limitation as to rate of interest contained in said law. 4. Powers. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power (a) to sue and be sued, subject to the limitations herein provided; (b) to adopt and alter a corporate seal; (c) to make and execute with public and private persons and corporations, contracts, leases, rental agreements, and other instruments relating to its projects and incident to the exercise of the powers of the Authority including contracts for constructing, renting, and leasing of its projects for the use of Glynn County and of any division, department, institution, authority, agency, or political subdivision of the State of Georgia or of the United States of America; and all divisions, departments, institutions, authorities, agencies, municipalities, counties and other political subdivisions of the State of Georgia are hereby authorized to enter into such contracts, leases, or related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Authority for a period of time not exceeding forty years upon such terms and for such purposes as they determine to be advisable and, upon approval of their governing bodies, may obligate themselves to pay an agreed sum for the use of such

Page 1018

property so leased and also obligate themselves as a part of the undertaking to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the Authority; provided, however, that when the sums agreed to be paid under the provisions of such lease contracts or related agreements are pledged or assigned to secure the payment of revenue bonds issued hereunder, then the contracting parties shall be authorized to make the term of such contracts or agreements for a period not to exceed forty years or until all of such bonds, as to both principal and interest, are fully paid, and provided, further, that, under any such lease contract or related agreement, the lessees or tenants shall the right to sublet to public persons or corporations any portion of the leased or rented premises not needed for the purposes of the lessees or tenants; (d) to construct, reconstruct, improve, better, extend, operate, and maintain any water and sewer project or projects as defined in paragraph 3(b), hereof, including the sale of water and water and sewer services to public and private customers, including political subdivisions of the State of Georgia, for use or for resale within or without the territorial boundaries of such political subdivisions, and to prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished by such undertaking; (e) to acquire in its own name, for the benefit of the public, only, however, by purchase, on such terms and conditions and in such manner as it may deem proper, or by exercise of the power of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of any of its projects or facilities in any manner it deems to the best advantage of the Authority and the purposes thereof; provided, however,

Page 1019

that the Authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided under authority hereof, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned and no property shall be acquired as provided herein upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance; the power of eminent domain conferred hereinabove shall not be construed to authorize the exercise of such power beyond the limits of Glynn County. (f) to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (g) to pledge or assign, as security for the payment of any bonds authorized to be issued hereunder, any revenues, income, rent, tolls, charges, and fees received by the Authority; (h) to appoint and select agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (i) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Authority or from any contributions, loans, or grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Authority is hereby authorized to receive, accept, and use; (j) to accept, receive, and administer gifts, grants, loans, appropriations, and donations of money, material, and property of any kind, including loans and grants from the United States of America or the State of Georgia

Page 1020

or any agency or instrumentality thereof upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality may impose, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets, except that its water and sewer facilities may not be mortgaged or encumbered. (k) to borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the owners thereof; (l) to exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the constitution and laws of this state; and (m) pursuant to proper resolution of the Authority to issue revenue bonds payable from the revenues of the Authority and its projects to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia. or they may be issued in whole or in part in non-negotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Authority may provide, for the purpose of paying all or any part of the cost of any project, or for the purpose of refunding, as herein provided, any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., 87-119, and, as security for the payment of any revenue bonds so authorized, any rents and revenues of the Authority

Page 1021

and its property and assets may be pledged, mortgaged, encumbered, and assigned, and provisions may be made for the rights of the owners of such bonds, including provisions for foreclosure or forced sale of any property or facilities of the Authority, except water and sewer facilities, upon default either in payment of principal of or interest on the bonds or default under any condition pursuant to which the bonds were issued. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. 5. Credit not pledged and Debt not created by Bonds. Revenue bonds issued under the provisions hereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or Glynn County, or of any agency, instrumentality, department, or political subdivision of the State or of the United States of America which may have contracted with the Authority, but such bonds shall be payable from the rentals, revenues, tools, fees charges, earnings, and funds of the Authority as provided in the resolution and trust agreement or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of any political subdivision thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. 6. Legal investments. The bonds herein authorized shall be securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies

Page 1022

savings banks, and savings associations, including 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 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. The bonds are also hereby made securities which may be deposited with and may be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. 7. Contracts for use of projects. (a) Any political subdivision of the state may obligate itself to pay the amounts required under any contract entered into with the Authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this amendment, and from any other source, and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Art. VII, VII, I; and when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation. (b) Any such political subdivision which shall have entered into such a contract pursuant to the provisions hereof shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such provision

Page 1023

or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations created under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other. (c) Such lease or rental contract or related agreement may provide that, in the event there shall be more than one lessee or tenant as parties to such contract or agreement, then, such lessees or tenants shall, by the execution of such obligation, assume and incur joint and several liability and responsibility for the payment of the rental called for in such contract or agreement, and shall have the right and power by contract between themselves, in such manner as not to affect such joint and several liability and responsibility, to provide, as between themselves, their proportionate share of such liability and responsibility and provide for the future assumption by one of them of the obligations, liability, and responsibility of the other and for the relinquishing and assigning by such other of all its right and interest in such lease, and in any ultimate conveyance of such property by the Authority, to the lessee or tenant assuming such obligations, liability, and responsibility, under such terms and conditions and for such consideration as may be provided in such contract or agreement made between themselves, and such contract between themselves shall in no way diminish or affect any joint or several liability or responsibility

Page 1024

to the Authority incurred or assumed in any lease contract or rental agreement entered into with the Authority as authorized herein. 8. Trust agreement. In the discretion of the Authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, tolls, fees, charges, revenues, and earnings to be received by the Authority. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of foreclosure of any mortgage or encumbrance and the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of bond owners as is customary in securing the payment of bonds and debentures of private corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All expenses

Page 1025

incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. 9. Refunding bonds. The Authority may provide by resolution for the issuance of revenue bonds of the Authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding, and may include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds. 10. Venue of actions, Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the Authority brought in the courts of the State of Georgia, shall be brought in the Superior Court of Glynn County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions. 11. Bond validation. All bonds of the Authority shall be confirmed and validated in the Superior Court of Glynn County in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Authority and, in the event the payments to be made by any department or agency of the United States of America, if such department or agency is subject to be sued, or by any department, agency, authority, or political subdivision of the State of Georgia under a contract entered into between the Authority and such other contracting party are pledged as security for the payment of the bonds sought to be validated, such other contracting party or parties shall also be made a party or parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to

Page 1026

against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Glynn County in which court such validation proceedings shall be initiated. Any resident of said county may intervene in the validation proceeding in accordance with the procedure prescribed in said Revenue Bond Law, and appeal from the judgment in said proceeding may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within the time prescribed by law or if filed, the judgment shall be affirmed on appeal, the judgment of the Glynn County Superior Court so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds and the security therefor against the Authority issuing the same and against the parties to such contracts and against all residents of said county. 12. Interest of bond owners 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, impaired, or affected in any manner that will affect adversely the interest and rights of the owners of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the residents of this state, the Authority, and every owner of any such bonds and, upon the issuance of bonds under the provisions hereof, shal constitute a contract with the owners of such bonds. 13. Revenues, Earnings, Rents, Rates, Fees, Tolls, and Charges; Use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the cost of which shall include all elements of cost authorized hereby and by said Revenue Bond Law, as now or hereafter amended, the Authority is authorized

Page 1027

and empowered to fix and revise rents and rates and to collect payments, fees, tolls, and charges on each project, or on the services, commodities, and facilities thereof which it shall cause to be acquired, constructed, improved, enlarged, or extended. Such rentals, fees, rates, tolls, and charges to be paid for the use of such project or prjoects or on the services, commodities, and facilities thereof shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Authority: (i) to pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for; (ii) to pay the principal of and interest on such revenue bonds as the same shall become due, including discount, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (iii) to comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (iv) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (v) to accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement of indenture or of achieving ready marketability of and low interest rates of such bonds; and (vi) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees.

Page 1028

(b) Such rentals or revenues shall be payable at such intervals as may be agreed upon and set forth in the rental contract, lease, or other instrument providing therefor and any such contract, lease, or other instrument may provide for the commencement of rental payments or charges to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the payment of rentals or charges during such times as such project or projects may be partially or wholly untenatable or incapable of rendering service. (c) Such rental contract, lease, or other instrument may obligate the tenants, lessees, customers, users, or consumers to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the project or projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract, lease, or other instrument may obligate the tenants, lessees, customers, users, or consumers to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the existence of the project and to undertake, at the expense of the tenants, lessees, customers, users, or consumers any defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the existence of the project. (e) In the event of any failure or refusal on the part of the tenants, lessees, customers, users, or consumers to perform punctually any convenant or obligation contained in any such rental contract, lease, or other instrument, the Authority may enforce performance by any legal or equitable process against such tenants, lessees, customers, users, or consumers. (f) The Authority shall be permitted to assign any rentals or other revenues payable to it pursuant to such rental contract, lease, or other instrument to a trustee or paying agent as may be required by the terms of the

Page 1029

resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. 14. Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, tolls, fees, charges, and earnings received by the Authority regardless of whether or not the same were produced by a particiular project for which bonds have been issued, unless otherwise pledged, may be pledged by the Authority to payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee, paying agent, or registrar for such bonds, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. 15. Exemption from taxation. The exercise of the powers conferred upon the Authority hereunder shall constitute an essential governmental function for a public purpose. The Authority shall be an institution of purely public charity, and all property of said Authority shall in all respects be considered to be public property, and title to such property shall be held by the Authority only for

Page 1030

the benefit of the public. The use of such property pursuant to the terms hereof shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare, and the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property, buildings, services, or commodities or other income received by the Authority, and all other property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes. 16. Property not subject to levy and sale. The property of the Authority shall not be subject to levy and sale under legal process except as may be otherwise provided in this amendment. 17. Trust funds. All funds received pursuant to the authority hereof, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Authority. 18. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwithstanding any other provision of this constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 19. Effective date. This amendment shall be effective

Page 1031

immediately upon proclamation of its ratification by the Governor. 20. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority. 21. Conveyance of property upon dissolution. Should said Authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Glynn County or to such other political subdivision of the State of Georgia as shall have contracted for the use of such project in such manner that the interest conveyed to each such contracting party shall be that part of the whole which the amount of rent or other charge paid on such project by such grantee shall bear to the whole amount of rent or charge paid on such project, or in such manner as may be agreed upon by the contracting parties, or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any pledges, liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. Section II. When the above proposed amendment to the constitution shall have been agreed to by two-thirds of the members elected to each of the two braches 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, Par. I of the Constitution of the State of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to create the Glynn County Public Improvement Authority and to provide for powers, authority, limitations, funds, purposes, and procedures connected therewith and to authorize the Authority to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof. All persons desiring to vote in favor of ratifying the proposed amendment shall do so by voting YES on the question propounded, and all persons desiring to vote against ratifying the proposed amendment shall do so by voting NO on the question propounded. If such amendment shall be ratified as provided in the constitution, it shall become a part of the constitution of this state. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon. HALL COUNTYBUSINESS LICENSES. Prosposed Amendment to the Constitution. No. 188 (House Resolution No. 651-1314). A Resolution Proposing an amendment to the Constitution, so as to empower the Board of Commissioners of Hall County, for regulatory and revenue purposes, to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation, who or which may engage in any type of business in Hall County outside of municipalities, with the right and power to classify businesses and assess different license fees, occupational

Page 1033

taxes and amusement taxes against different classes of businesses, and with the further power to the Board of Commissioners to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Hall County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees, taxes and amusement taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding thereto the following new paragraph, to wit: The Board of Commissioners of Hall County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess, and collect license fees, occupational taxes and amusement taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, in any area of Hall County outside the incorporated limits of municipalities; and in levying and assessing such license fees, occupational taxes and amusement taxes, the Board of Commissioners shall have the right and power to classify businesses and to assess different license fees, occupational taxes and amusement taxes against different classes of business. To provide for the public welfare, health and security of the people of Hall County, the Board of Commissioners shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations

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as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees, occupational taxes and amusement taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Board of Commissioners shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. The General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time change the manner and means by which the powers may be exercised by said Board of Commissioners. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein ganted. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Commissioners of Hall County to assess and collect license fees, occupational taxes, and amusement taxes upon businesses in Hall County outside the incorporated limits of municipalities and to regulate same? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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HOSPITALS AND NURSING HOMESEXEMPTION FROM CERTAIN AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 189 (House Resolution No. 659-1345). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals and nursing homes no portion of the net profit from the operation of which can inure to the benefit of any private person; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly shall be authorized to exempt from all ad valorem taxation the tangible and intangible property of all hospitals and nursing homes no portion of the net profit from the operation of which can inure to the benefit of any private person. Section 2. The above proposed amendment to the Constitution 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

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Shall the Constitution be amended so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals and nursing homes no portion of the net profit from the operation of which can inure to the benefit of any private person? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF THOMASTONUPSON COUNTYCONSOLIDATED BOARD OF TAX ASSESSORS. Proposed Amendment to the Constitution. No. 190 (House Resolution No. 664-1368). A Resolution. To amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson, to provide the powers and duties of such joint board of tax assessors, to require that all taxable property in said city and county be returned for taxation to the Tax Commissioner of Upson County and the taxes due thereon paid to said Tax Commissioner, to fix the time for making such returns and paying said taxes, and the manner of enforcement of said taxes, to provide the manner of paying the expenses incurred in such assessment and collection, to authorize the use of joint tax forms and digest; to provide for the submission of the proposed amendment for ratification or rejection; and other purposes.

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Be it resolved by the General Assembly of Georgia, and it is hereby resolved by virtue of the authority thereof: Section 1. Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia is hereby amended by adding thereto the following: A. The General Assembly of Georgia shall have the power by general or special law to: (1) Consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson, and to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, the method of appointment and of filling vacancies, and for the removal and remuneration of said members, and (2) Authorize said joint board to assess all taxable real and personal property in said county and city for taxation by either the County of Upson for state, county, school or other ad valorem taxes or by the City of Thomaston for all purposes which may now or hereafter be authorized by law, and (3) Require that all property taxable by either said city or county be returned for taxation to the Tax Commissioner of Upson County, Georgia, and that the taxes due thereon to either said city or county be paid to and collected by the Tax Commissioner of Upson County, Georgia, and to fix the time for making such returns and paying said taxes, and (4) To provide the manner of enforcing the collection of said city, state, county, school and other ad valorem taxes, and (5) Authorize or direct appropriations by said city or county, or by both, or provide otherwise, for the support of said joint board of tax assessors, and

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(6) Fix the amount of compensation to be paid by the City of Thomaston to the Board of Commissioners of Roads and Revenue of Upson County, Georgia, as said city's share of the expenses incurred in the operation of the office of said Tax Commissioner and to fix the amount of compensation to be paid by said city to said Tax Commissioner for his services in receiving and collecting said city's taxes, including motor vehicle ad valorem taxes, and (7) To authorize the Tax Commissioner of Upson County, Georgia, to prepare and use joint city and county tax forms and digests. B. Nothing contained in this amendment shall be construed to apply to corporations or persons now required by law to return their property to the State Revenue Commissioner for ad valorem taxation. C. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1970. Any Act passed after January 1, 1970, germane to the subject matter of this amendment, whether it be a general or special law or a city charter amendment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining to all or any one or more said functions, which law or laws may be passed prior to the submission of this amendment for ratification. Section 2. Be it further resolved that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on the journals of each branch with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as is provided in Article XIII, Section I, Paragraph I, of the Constitution of the State of

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Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph of said Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner. Against ratification of amendment to Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax Assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said paragraph of said Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain

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the result and certify the result to the Governor who shall issue a proclamation thereon. NEWTON COUNTYPOLICE POWERS. Proposed Amendment to the Constitution. No. 191 (House Resolution No. 665-1368). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize and empower the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said Board of Commissioners of Newton County and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new paragraph to read as follows: The Board of Commissioners of Newton County is hereby authorized and empowered: 1. To adopt ordinances or regulations for the governing and policing of said county, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable; and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as

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the governing authority of Newton County, Georgia, and to provide penalties for violations of such ordinances. 2. The Superior Court of Newton County, or other judiciary established by the General Assembly, with jurisdiction in Newton County, shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violations thereof; and shall have such other and further powers as may be prescribed by law, including civil actions to enforce such ordinances. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize and empower the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said Board of Commissioners as the governing authority of Newton County and to provide penalties for violation of such ordinances and to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon. HOUSTON COUNTYEDUCATION OF HANDICAPPED CITIZENS. Proposed Amendment to the Constitution. No. 192 (House Resolution No. 669-1385). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section XIII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: The Board of Education of Houston County shall be authorized to grant to the parents or guardians, or directly to the private educational institution, of any educatable

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or trainable mentally retarded or hearing impaired or physically handicapped resident of Houston County, who is 25 years of age or less, a grant when such resident is attending a private educational institution. Such grants shall be made from the funds raised for the maintenance and support of the public educational system of Houston County. The amount of such grant shall be a sum equivalent to the total budget of the Houston County school system for the immediately preceding fiscal year, divided by the average annual public school pupil population of the Houston County school system. The Board shall have the authority to reduce the amount of any grant by a sum equivalent to any grants for such residents from the State Board of Education. No educational grants, under the provisions of this paragraph, shall be authorized after the complete implementation of the provisions of an Act relating to special educational facilities for exceptional children, approved March 7, 1968 (Ga. Laws 1968, p. 120). The Board of Education of Houston County shall establish minimum standards which must be maintained by private educational institutions which are attended by such residents in order for the applicant for such a grant to be entitled to receive same. In addition, the Board of Education is authorized to establish and promulgate such rules and regulations as they deem necessary relating to the administration of this paragraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HENRY COUNTYBUSINESS LICENSES, ETC. Proposed Amendment to the Constitution. No. 193 (House Resolution No. 680-1422). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Henry County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is authorized to empower the Board of Commissioners of Henry County with the right and power, for regulatory and revenue purposes, to levy, assess, and collect a license fee from any person, firm, or corporation, except those sujpect to regulation by the State Public Service Commission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Henry County outside the

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incorporated limits of municipalities and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Henry County. To provide for public welfare, health and security of the people of Henry County, the Board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the Board shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate business in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Henry County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CARROLL COUNTYVOCATIONAL TECHNICAL SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 194 (House Resolution No. 692-1436). A Resolution. Proposing an amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the leving of a tax to support its activities and affairs within Carroll County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly shall be authorized to create within Carroll County a vocational technical school system and to create a Board of Education to administer its affairs. The General Assembly shall be authorized to provide for the composition, powers, duties and responsibilities of said Board. The General Assembly may authorize the levying of a tax on the taxable property located within Carroll County to be used to support the activities, affairs and functions of said school system. The General Assembly shall be authorized to provide for any necessary matters connected with the foregoing. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF CONYERSHOMESTEAD EXEMPTION FROM AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 195 (House Resolution No. 704-1460). A Resolution. Proposing an amendment to the Constitution so as to provide that residents of the City of Conyers 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 $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the

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Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Conyers who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, and each resident of the City of Conyers who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Conyers as long as any such resident of the City of Conyers actually occupies said homestead as his residence. Provided, however, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Conyers. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Conyers, or with a person designated by the governing authority of the City of Conyers, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Conyers, or the person designated by the governing authority of the City of Conyers, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Conyers, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1970. Section 2. The above proposed amendment to the Constitution

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shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that residents of the City of Conyers 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 $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 196 (House Resolution No. 707-1471). A Resolution. Proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by

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one or more owners, heirs or cestui que uses who reside on such property; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The exemptions granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more or more of the heirs cestui que uses residing on such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemptions granted by this Paragraph in the manner herein provided. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by one or more owners, heirs or beneficiaries who reside on such property?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PERSONAL PROPERTY OWNED BY RELIGIOUS ORGANIZATIONS EXEMPT FROM TAXATION. Proposed Amendment to the Constitution. No. 197 (House Resolution No. 722-1493). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles, owned by religious organizations or groups and used solely for religious purposes and from which no income is derived; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution, relating to exemptions from taxation, is hereby amended by adding at the end thereof the following: The General Assembly may, by law, exempt from ad valorem taxation, all tangible personal property, including motor vehicles, owned by religious organizations or groups and used solely for religious purposes and from which no income is derived.

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles, owned by religious organizations or groups and used solely for religious purposes and from which no income is derived? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PAULDING COUNTYPOLICE POWERS. Proposed Amendment to the Constitution. No. 198 (House Resolution No. 725-1521). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers

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now or hereafter vested in said governing authority and to provide penalties for violationg of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Paulding County or other courts established by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new paragraph to read as follows: The General Assembly of the State of Georgia is hereby authorized: 1. To empower the governing authority of Paulding County, Georgia, to adopt ordinances or regulations for the governing and policing of said county, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable; and for the implementation and enforcement of all duties and powers now or hereafter vested in the governing authority of Paulding County, Georgia, and to provide penalties for violations of such ordinances. 2. To authorize the Superior court of Paulding County, or other judiciary established by the General Assembly, with jurisdiction in Paulding County, and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violation thereof; and which shall have other and further powers as may be prescribed by law, including civil actions to enforce such ordinances. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the

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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 XII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to empower the governing authority of Paulding 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 proceedings in the Superior Court of Paulding County or other courts established by the General Assembly? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

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PAULDING COUNTYSEWAGE DISTRICTS. Proposed Amendment to the Constitution. No. 199 (House Resolution No. 726-1521). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following paragraph: In accordance with such conditions and requirements as the General Assembly may prescribe, the General Assembly is hereby authorized to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and may therein create, construct, maintain and operate a system or systems for the disposal of sewage within such districts and levy taxes therefor on all property located within said districts upon the approval of a majority of the qualified voters of said districts voting at a special election called by the ordinary of said County and held in said districts upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located within any such district. The General Assembly may further authorize said county to issue bonds for any such district, and in the event bonds are issued for a specific district, a tax may

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be levied therein, unlimited as to rate or amount. If issued, such bonds shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of this Constitution upon the approval of a majority of the qualified voters of said districts voting at a special election called by the Ordinary of said County and held in said districts upon said question. Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly may further provide that any such district may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes. The homestead exemptions granted by Article VII, Section I, Paragraph IV of this Constitution, and the statutes enacted pursuant thereto, shall not apply to the levy of taxes herein authorized either for operation and maintenance of the system or for debt service. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. PAULDING COUNTYFIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 200 (House Resolution No. 727-1521). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following paragraph: In accordance with such conditions and requirements as the General Assembly may prescribe, the General Assembly is hereby authorized to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and systems of fire protection and prevention within such districts and levy taxes or special assessments therefor on property located within such districts, upon the approval of a majority of the qualified voters voting at a special election called by the Ordinary

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of said county and held in said districts upon said question; provided that such taxes or assessments shall not exceed five mills upon the valuation of the property located within any such district; and provided further that the homestead exemptions granted by Article VII, Section I, Paragraph IV of this Constitution, and the statutes enacted pursuant thereto, shall not apply to the levy of such taxes and assessments. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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BARROW COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 201 (House Resolution No. 730-1531). A Resolution. Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County school system of Barrow County into one school district; to create a Board of Education of said System; to provide for a School Superintendent of said System; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following: Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merging the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the territorial limits of Barrow County as the same may now or hereafter exist or be defined. The Barrow County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such provisions are in conflict with this amendment or laws enacted pursuant to the authority of said amendment. For the purposes of this provision, the Auburn School District which shall hereafter be referred to and known as the Auburn School Area, the Bethlehem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line

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School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbeck School District which shall hereafter be referred to and known as the Holsenbeck School Area, and the Statham School District which shall hereafter be referred to and known as the Statham School Area, shall remain as constituted and defined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifically provided otherwise by an Act of the General Assembly or any amendment thereto relative to the Barrow County School System. For the purposes of this provision, the Winder School District which shall hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the independent school system of the City of Winder at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. The General Assembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named. There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School Area, one member from the Holsenbeck School Area, one member from the Statham School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of January immediately following their selection, appointment or election to office, except the initial election which shall be conducted on the third Wednesday in March, 1971. The Auburn School Area member and the Bethlehem School

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Area member and two of the Winder School Area members shall serve for terms of office of one and one-half years each beginning July 1, 1971. The remaining two Winder School Area members, the County Line School Area member, the Holsenbeck School Area member and the Statham School Area member shall each serve for terms of office of three and one-half years beginning July 1, 1971. All members shall serve until their successors are elected and qualified. In the event a member moves his residence from the area he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event the area of any school area is decreased, enlarged or redefined so that such area does not include the residence of the member representing such area, such member shall nevertheless represent such area until the expiration of his term of office. At its first meeting, the members of the Board shall elect one of their number to serve as Chairman and at its first meeting in January of each year thereafter the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as Chairman of the Board and a member, so long as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The General Assembly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, appointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on said Board. The independent school system of the City of Winder and the Board of Education thereof and the existing school district in the County of Barrow outside the corporate limits of the City of Winder and the Board of Education thereof shall continue to exist until July 1, 1971, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1, 1971, the Barrow County School System and the Board of

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Education thereof herein created shall come into existence and shall become the successors to such abolished School Systems and Boards of Education and shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amendment. There is hereby established within and for the Barrow County School System the Office of School Superintendent of the Barrow County School System and a School Superintendent of the Barrow County School System. On July 1, 1971, the County School Superintendent of Barrow County in office at the time this merger becomes effective shall assume the duties of the School Superintendent of the newly created Barrow County School System, and he shall be the successor to the School Superintendent of the existing independent school system of the City of Winder and the School Superintendent of the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The School Superintendent of the Barrow County School System created herein shall continue to serve as the School Superintendent of the Barrow County School System until his present term of office as School Superintendent of the existing school district in the County of Barrow outside the corporate limits of the City of Winder expires on December 31, 1972. Thereafter, successors to the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. The School Superintendent shall be appointed for a term of one or more years and he shall receive such salary and other compensation as may be fixed by the Board of Education. Said School Superintendent shall be subject to all constitutional and statutory provisions relative to County School Superintendents unless such provisions are in conflict with the provisions of this

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amendment or laws enacted pursuant to the authority of this amendment. In the event the School Superintendent of the existing school district in the County of Barrow outside the corporate limits of the City of Winder should die, become disqualified or for any other reason be unable to assume the duties of his office prior to the time such person qualifies as such School Superintendent, the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System for a term of office of one or more years commencing on July 1, 1971. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. In case of a vacancy in the office of School Superintendent of the Barrow County School System for any reason, the Board of Education of the Barrow County School System shall appoint a successor School Superintendent for the unexpired term. The governing authority of Barrow County is hereby authorized to levy a tax on all taxable property in Barrow County for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitution as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increasing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System. The Board of Education of the new Barrow County School system shall set the tax millage for the calendar year 1971. The General Assembly shall be authorized to provide by law for all matters relative to the Barrow County School System, the Board of Education thereof and the School Superintendent thereof. On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two systems so merged shall become the property, facilities and assets of the Barrow County School System.

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The governing authorities of the City of Winder and of Barrow County and the Board of Education of the two school systems merged herein are hereby authorized and directed to execute such instruments and to perform such duties as are necessary to effectuate the provisions herein. The General Assembly shall be authorized to provide by law appropriate provisions relative to existing contracts, payment of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder existing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Even though the existing independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder and their respective Boards of Education and School Superintendents shall cease to exist on July 1, 1971, the respective taxes levied for the support and maintenance of said systems for the remaining one-half of the calendar year 1971 shall be levied, collected and turned over to the Barrow County School System for its use in providing for a system of education as provided herein. Fifty percent of the budget for the previous school year of the existing independent school system of Winder which is the 1970-71 budget shall be turned over to the new Barrow County School System on a monthly basis from July 1 until December 31, 1971. Notwithstanding the merged system and the Board of Education thereof and the superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1971; the General Assembly is hereby authorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of members of the Board of Education, appointment by said Board of the School Superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws authorized pursuant thereto. The General Assembly is hereby authorized to repeal,

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amend, modify or change any laws enacted pursuant to this amendment. The authority herein granted to the General Assembly and the authority to be granted by the General Assembly to effectuate and implement the purposes of this amendment shall exist notwithstanding any other provisions of this Constitution or any general or special laws of the State of Georgia. Authority is hereby granted to the governing authority of Barrow County to maintain the school system herein provided and to support the same. Said school system may add thereto, maintain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add thereto vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System. The Board of Education of the Barrow County School System shall be authorized to meet on as many days as it may deem necessary from June 15, 1971, until July 1, 1971, for the purposes of electing a Chairman of said Board, and to effectuate an orderly transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Barrow County School System created herein. The first meeting of the Barrow County School System shall be called by the School Superintendent of the existing school district of the County of Barrow outside the corporate limits of the City of Winder. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in

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Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to create the Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said System and to provide for a School Superintendent of said System? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. LEE COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 202 (House Resolution No. 732-1535). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regulate businesses in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section I of the Constitution is hereby amended by adding to the end thereof a new paragraph, to read as follows: Paragraph I. The governing authority of Lee County is hereby authorized to license and regulate businesses and to levy license taxes on all persons, firms and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the governing authority of Lee County to regulate and license and levy license taxes upon businesses in the unincorporated area of said county? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CITY-COUNTY OF DEKALB. Proposed Amendment to the Constitution. No. 203 (House Resolution No. 736-1567). A Resolution. Proposing a constitutional amendment so as to authorize the General Assembly to provide by local act for the creation of a local government to be known as the City-County of DeKalb which shall be a successor government to the government of DeKalb County and authorizing all matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to create by local act a successor government to the existing government of DeKalb County to be designated the `City-County of DeKalb', which shall be a political subdivision of the State and a body corporate and politic embracing the existing territorial limits of DeKalb County. Said local act shall provide for a governing authority which shall be composed of (i) a Mayor and (ii) a Council composed of not less than six members, each of whom shall be designated a Councilman. The said act shall provide for the establishment of not less than four geographic districts known as Council Districts which together shall include the entire area of DeKalb County and which shall be as nearly equal in population as practicable. The limits of such districts

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shall be delineated in said act. Said act shall provide for the reapportionment of such districts within two years following each Federal decennial census. Said act shall provide (i) that the Mayor be elected by vote of the electors of the entire city and county, (ii) that not less than two Councilmen be elected by vote of the electors of the entire city-county and not less than four Councilmen be elected by vote of only the electors of the respective Council Districts from which they offer as candidates, (iii) that the Council shall have and exercise legislative powers only, and (iv) the Mayor shall be the presiding officer of the Council and a member thereof with the right to vote on all questions. Within the foregoing limitations, the General Assembly is hereby authorized to provide the terms of office, qualifications, manner of election, compensation, method of removal, powers and duties and the method of exercising same, of the Mayor and Council, and to provide for all other matters necessary or incidental to the creation of said governing authority and the exercise of its functions. The General Assembly is specifically authorized to provide that said governing authority shall be vested with all, or any portion, of the powers formerly vested in the chairman and board of commissioners of roads and revenues of DeKalb County by this Constitution and by local and general act, and with such powers and authority as may be hereafter granted to counties generally. Notwithstanding any other provision of this Constitution and of any statute, the General Assembly is authorized to provide that said governing authority shall be vested with all, or any portion, of the powers which the General Assembly is otherwise authorized to confer on municipal corporations of this State. The General Assembly is authorized to provide, or to grant to said governing authority the power to provide, for the following:

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(1) The creation or continuation of such public authorities, special districts, boards, bureaus, offices, commissions and positions of public employment of DeKalb County as may be necessary or desirable to the functions of said local government, and all matters relative thereto, including provisions for the delegation of administrative functions by the governing authority; (2) The abolishment of any existing public authorities, special districts, departments, boards, bureaus, offices, commissions and positions of public employment of DeKalb County, subject to the limitations hereinafter provided, either with or without a referendum; (3) The creation of special taxing districts whereby taxes shall be assessed, levied, and collected by said governing authority in accordance with the kind, character, type and degree of services provided by said government within such respective taxing districts; and the rate and manner of taxation may vary in any one district from that in another or other districts; and the powers, duties, liabilities and functions of said government authority may vary from district to district; (4) The assumption by said local government of all outstanding bonded indebtedness and all other obligations of DeKalb County, and a method or methods whereby said governing authority shall assume the payment of said obligations of DeKalb County; (5) The transfer of all assets of whatever kind or nature, real and personal, of DeKalb County to said local government, including taxes accrued or payable, contracts, choses in action and franchises. The General Assembly shall provide for said local government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds now or hereafter applicable to counties of the State of Georgia under the Constitution and laws of the State of Georgia, or other laws or

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under any present or future State or Federal programs. In addition, the General Assembly shall provide for said local government to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants in aid, funds, loans, aid, appropriations and matching funds now or hereafter applicable to municipal corporations of the State of Georgia under the Constitution and laws of the State of Georgia, or other laws or under any present or future State or Federal programs, provided that where the amount of any such is computed on the basis of population, area or road mileage such local government's amount shall be computed on the population, area or road mileage included within the area of DeKalb County, exclusive of the population, area or road mileage included within any municipal corporate limits on the date of ratification of this amendment. Nothing contained herein shall be construed so as to authorize the General Assembly or the said governing authority in pursuance of this amendment to: (1) Abolish or alter the status of the Board of Education of DeKalb County or the DeKalb County School System; (2) Abolish or alter the status of the courts or the office of the Clerk of Court of DeKalb County; (3) Abolish or alter the status of the office of Sheriff; (4) Abolish or alter the status of the office of Ordinary; (5) Impair or diminish any civil service, pension or retirement rights existing at the time of ratification of this amendment. (6) Impair or diminish any homestead or other exemption from taxation now or hereafter specified in this Constitution;

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(7) Affect the status, jurisdiction or powers of any municipal corporation existing in DeKalb County at the time of ratification of this amendment; and, specifically, the General Assembly shall provide that the powers and authority granted to the said local government, other than county-wide powers and authority possessed by the chairman and board of commissioners of roads and revenues of DeKalb County at the time of ratification of this amendment, shall be exercised only in the unincorporated area of DeKalb County as it exists at the time of ratification of this amendment, except where any such powers or authority may be exercised under contract or agreement with the governing authority of such other municipal corporation. Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power which existed prior to the adoption of this amendment with respect to the board of education, school district, office of sheriff, civil service, retirement and pension rights, homestead exemptions, courts, office of clerk, office of ordinary, and existing municipal corporations. Provided further, that the foregoing limitations relating to courts shall not be construed so as to apply to the Recorder's Court of DeKalb County. DeKalb County is hereby authorized to expend funds from sources other than property taxation for the expenses of legal and other services necessary or desirable in compiling information and preparing legislation to implement this amendment. The powers herein granted: 1. Are remedial and shall be liberally construed to effectuate the purpose of providing a more efficient, representative and workable government to meet the needs of urban DeKalb County. 2. May be exercised by the General Assembly notwith-standing

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any other provisions of this Constitution or of law. 3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may determine. 4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to create the City-County of DeKalb as a successor government to the chairman and board of commissioners of roads and revenues of DeKalb County, to establish the governing authority thereof and to prescribe the organization, powers, duties and responsibilities thereof, and all other matters relative thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections

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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. CENTRAL ALBANY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 204 (House Resolution No. 738-1575). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: 1. There is hereby created in Albany, Dougherty County, Georgia, the Central Albany Development Authority, to be composed of seven (7) members, four (4) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Central Albany Area as hereinafter defined, to be selected by the Downtown Albany Association, Inc., or its successor, one (1) member shall be the Mayor of the City of Albany by virtue of his office, one (1) member shall be the Chairman of the Board of Commissioners of Dougherty County, Georgia, by virtue of his office, and there shall be one (1) member at large to be selected by the Downtown Albany Association, Inc., or its successor, from merchants operating businesses within the Central Albany

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Area as hereinafter defined. The Mayor of the City of Albany and the Chairman of the Board of Commissioners of Dougherty County, Georgia, shall serve for the term of their offices. The member at large shall be elected for a term of two (2) years. Two (2) of the Central Albany Area property owners shall be elected for a period of one (1) year and two (2) shall be elected for a period of two (2) years, and thereafter the terms of office for all of said Central Albany Area property owners shall be two (2) years. Created, members, etc. 2. The Central Albany Area shall consist of that area bound on the north by the alley running parallel to and lying immediately north of Roosevelt Avenue; on the east by the Flint River; on the south by the alley running parallel to and lying immediately south of Oglethorpe Avenue; and on the west by Monroe Street. Said area shall include all properties abutting on the west side of that portion of Monroe Street included within the area described. Area. 3. The Central Albany Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible and intangible, and to do all things necessary to the accomplishment of its purposes. Corporate powers. 4. The purpose of said Authority shall be the redevelopment of the Central Albany Area, and said Authority shall have the power to employ engineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Albany for the construction, reconstruction, altering and changing and closing of streets and alleys. Purpose. 5. The Authority shall have the power to create special tax districts within the Central Albany Area, to levy and collect taxes within said districts based on values fixed by the Tax Digest of the City of Albany, Georgia, to defray the costs of the foregoing, and to issue executions and enforce payment of same in the same manner as tax

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executions for the City of Albany are issued and enforced. Tax districts. 6. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness, and to issue execution for enforcement thereof as provided in paragraph 5. Bonds. 7. No taxes shall be levied by said Authority for any purpose against property occupied by the owner as a residence or property used exclusively for church purposes. Taxes. 8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. Eminent domain. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 205 (House Resolution No. 742-1602). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution, as amended by an amendment to the Constitution which created the Fitzgerald and Ben Hill County Development Authority, which amendment was ratified at the general election held in November 1962 and which is set forth in Georgia Laws 1962 at pages 1011 through 1013, is hereby amended by striking from said amendment the paragraph which reads as follows: Neither the city nor the county is authorized to levy a tax for the purposes of the authority herein created., and substituting in lieu thereof the following paragraph: Ben Hill County is hereby authorized to levy an annual tax as may be determined by the Board of Commissioners of said county, but not to exceed two mills, on all taxable property within the county for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by said Board of Commissioners to the Authority, and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as provided by this Constitution and by any law relative to the

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Authority heretofore or hereafter enacted. The tax authorized herein may be in addition to all other taxes authorized by law and this Constitution. The City of Fitzgerald shall not be authorized to levy a tax for the support of the Authority. Taxes. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority? All persons in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF AUGUSTAHISTORIC ZONES. Proposed Amendment to the Constitution. No. 206 (House Resolution No. 743-1602). A Resolution. Proposing an amendment to the Constitution so as to authorize the city council of Augusta as the governing authority of the City of Augusta to establish historic zones within designated areas of the city; to provide that inclusion of

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property within such zones shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, economic and general welfare of the City of Augusta by preserving and protecting districts, sites, buildings and objects which are significant in national, State or local history, architecture, archeology and culture, and to promote the general welfare through the benefits resulting to the economy of the City of Augusta in developing and maintaining its vacation-travel industry; to provide for the definition of the term historic zone; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI of the Constitution is hereby amended by adding a new paragraph thereto as follows: The city council of Augusta is authorized to establish `historic zones' in the city within the area generally bounded on the North by the Savannah River, on the East by East Boundary, on the South by Gwinnett Street and on the West by Fifteenth Street and to enact appropriate planning and zoning ordinances applicable thereto; provided that inclusion of any property within such zone shall not of itself constitute an exemption from taxation therefor. The purpose of such planning and zoning ordinances shall be to promote the educational, cultural, economic and general welfare of the City of Augusta by preserving and protecting districts, sites, buildings and objects which are significant in national, State or local history, architecture, archeology and culture, and to promote the general welfare through the benefits resulting to the economy of the City of Augusta in developing and maintaining its vacation-travel industry. As used herein, a `historic zone' is a district or area within which the buildings, structures, appurtenances and places are of basic and vital importance for the development

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and maintenance of the community's vacation-travel industry, its tourism, its culture, and for the protection of property values because of their association with history; because of their unique architectural style and scale, including color, proportions, aesthetics, form and architectural details; the design or general arrangement of such zone should be preserved and/or developed according to a fixed plan based on economic, cultural, historical or architectural motives or purposes. Section 2 The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the city council of Augusta as the governing authority of the City of Augusta to establish historic zones within designated areas of the city; to provide that inclusion of property within such zones shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, economic and general welfare of the City of Augusta by preserving and protecting districts, sites, buildings and objects which are significant in national, State or local history, architecture, archeology and culture, and to promote the general welfare through the benefits resulting to the economy of the City of Augusta in developing and maintaining its vacation-travel industry? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF MARIETTA PARKING AUTHORITY. Proposed Amendment to the Constitution. No. 207 (House Resolution No. 806-1609). A Resolution. Proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia and with private persons and corporations and with other public corporations; to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:

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CITY OF MARIETTA PARKING AUTHORITY A. Creation. There is hereby created a body corporate and politic to be known as the City of Marietta Parking Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof 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. B. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority, necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof. C. Membership. The authority shall consist of three members who shall be resident freeholders of the City of Marietta appointed by the Mayor and Council of the City of Marietta. The terms of the first members of said Authority shall be as follows: One member shall serve until December 31, 1972, One member shall serve until December 31, 1974 and One member shall serve until December 31, 1976. Thereafter, all members selected and appointed shall serve for a term of six (6) years and until their successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman,

Page 1083

and one as Vice-Chairman, and shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she will have no voting rights and shall be elected for such term as may be determined by the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated as determined from time to time by the governing body of the City of Marietta; however, it is expressly provided that such members shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by an Act of the General Assembly. D. Definitions. As used herein the following words and terms shall have the following meanings: (1) The word `Authority' shall mean the City of Marietta Parking Authority herein created. (2) The words `Projects' or `Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking decks, parking structures or similar undertakings and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such facilities, and the acquisition of the necessary property therefor, both real and personal, all in order to accomplish the overall public purpose for which said Authority is created hereunder. (3) The term `cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances

Page 1084

in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction, and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the `cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects. (4) The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. (5) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Marietta under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.

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E. Powers. The Authority shall have the powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia; (4) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction

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experts, fiscal agents and attorneys, and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia and with private persons and corporations and with other public corporations upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years and the City of Marietta is hereby authorized to enter into contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and said City be and the same is hereby specifically authorized to levy taxes, without limitation as to rate [Illegible Text] amount, and to expend tax monies of the City and any other availabe funds of the City and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property so furnished by said Authority. (6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

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(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (11) To do all things necessary or convenient to carry out the powers expressly given hereunder. F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined

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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. G. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the 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 bond as to principal alone and also as to both principal and interest. H. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures 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 or 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. I. 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

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and incidents of negotiable instruments under the laws of the State. Such bonds, their transfer and the income thereof shall be exempt from all taxation within the State. J. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. L. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. M. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. N. Same; Credit Not Pledged and Debt Not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Marietta, Georgia, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority

Page 1090

with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia. O. 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 without the State. Such trust indenture may pledge or assign fees, tolls, 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 bond-holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies, 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, and may also require that the security given by contractors and by any depositary 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

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act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. P. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issurance 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 such resolutions or trust indentures may provide. Q. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the 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

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for paying principal and interest and other investment charges, 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 maintained as a trust account 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 any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. R. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, 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 such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. S. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders

Page 1093

thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. T. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to the 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. U. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the 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 the security for the payment thereof and interest thereon and against the Authority issuing the same, and the State and any municipality, county, authority, political subdivision or instrumentality if a party to the validation proceedings, contracting with the said City of Marietta Parking Authority. V. 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

Page 1094

impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the 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 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. W. Monies received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. X. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its parking facilities, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Y. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished. Z. Exemption from Taxation. It is hereby declared that the Authority will be performing an essential governmental

Page 1095

function in the exercise of the power conferred upon it hereunder and that the Authority shall be required to pay no taxes or assessments of any kind upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation and maintenance of any buildings, structures or facilities 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. AA. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractural obligation of the Authority. BB. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. CC. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. DD. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.

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EE. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Marietta, Georgia, as the same now or may hereafter exist. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO

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Shall the Constitution be amended so as to create the City of Marietta Parking Authority and to provide for the powers, authority and duties of such Authority and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia and with private persons and corporations and with other public corporations and to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. RICHMOND COUNTYSTREET LIGHT DISTRICTS. Proposed Amendment to the Constitution. No. 208 (House Resolution No. 810-1650). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Richmond County to establish districts for the purpose of erecting, establishing, maintaining and operating street lights within said county, and to levy taxes, assessments or service charges for the construction, maintenance and operation thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I, of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: The Board of Commissioners of Richmond County shall be authorized and empowered to establish districts for the purpose of erecting, establishing, maintaining and operating within Richmond County street lights and lamps for illumination of the public streets, roads, sidewalks and ways situated in said county. If at least fifty percent of the property owners within the proposed district shall assent thereto, the Board shall be further authorized to levy, assess and collect a tax or special assessment against the property located in said districts for the aforesaid purposes or make service charges against all businesses and residents served by said facilities as the Board of Commissioners shall deem necessary for the services rendered, all without regard to uniformity. Such tax assessments shall be collected by the tax commissioner of said county and may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for State and county taxes. Said Board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Commissioners of Richmond County to establish districts for the purpose of erecting, establishing, maintaining and operating street lights

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within said county, and to levy taxes, assessments or service charges for the construction, maintenance and operation thereof? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. RICHMOND COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 209 (House Resolution No. 811-1650). A Resolution. Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following new paragraph: The Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations

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maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas; and the right and power to classify businesses and business enterprises, and to assess different fees and taxes against different classes of business, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission. The Board of Commissioners of Richmond County shall also have the right and power to license all businesses and business enterprises (which are not subject to regulation by the State Public Service Commission) in any area of Richmond County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Richmond County, and to prescribe rules and regulations concerning the same, and to provide that violation of any license regulation adopted by the Board of Commissioners of Richmond County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote YES. All persons desiring to vote against ratifying the proposed amendment shall vote NO. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GWINNETT COUNTYTAXING DISTRICTS. Proposed Amendment to the Constitution. No. 210 (House Resolution No. 812-1653). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to divide said county into districts for certain public purposes and to impose and collect taxes, fees, and charges therefor; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows: The Board of Commissioners of Gwinnett County, Georgia, as the governing authority of said county, is hereby authorized to establish districts for the purpose of building, erecting, leasing, purchasing, establishing, maintaining, and operating within Gwinnett County: paved and unpaved public streets, roads, and sidewalks; paving and curbing of public streets and roads within said county; storm sewers for the removal and disposal of surface waters and streams within said county; sidewalks adjacent to public streets, roads, and ways

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situated within said county; street lights and lamps for illumination of the public streets, roads, sidewalks, and ways situated in said county; parks, recreation areas, playgrounds, recreation centers, and other recreation facilities and activities within said county; or either one of the foregoing. For the carrying out of the aforesaid powers and purposes, said Board of Commissioners shall be further authorized to levy a tax and special assessments on the full assessed value of all property in said districts without exemption for the aforesaid purposes and make service charges against all businesses and residences served by said facilities, or either of said facilities, as said Board of Commissioners shall deem necessary for the services rendered, all without regard to uniformity. The same shall be collected by the Tax Commissioner of said county and may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions which are issued for State and county taxes. Said Board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services. The Board of Commissioners of Gwinnett County, Georgia, as the governing authority of said county, in addition to all powers hereto conferred upon it, is hereby authorized and empowered to provide systems of garbage disposal in said county. For the carrying out of such purpose, said Board of Commissioners shall be authorized to establish sanitation districts in such territorial areas of the county as it deems advisable and to levy assessments and make service charges against all businesses, residences and property served by said garbage disposal facilities, as said Board shall deem necessary for the services rendered in said sanitation districts. Said Board of Commissioners shall have the power to acquire by purchase or lease any land necessary for the operation of a sanitary landfill within said county and shall have the power to operate and maintain sanitary landfills within said county. Said Board of Commissioners shall have the power and authority to require and compel all businesses located therein and all persons residing in said area to

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comply with all rules and regulations adopted by said Board for garbage disposal facilities. The assessments and service charges levied to pay the cost of such garbage disposal systems may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions which are issued for county taxes and shall be collected by the Tax Commissioner of said county in the same manner as taxes are collected. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Commissioners of Gwinnett County to divide said county into districts for certain public purposes and to impose and collect taxes, fees, and charges therefor? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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JACKSON COUNTYWEST JACKSON FIRE DISTRICT. Proposed Amendment to the Constitution. No. 211 (House Resolution No. 814-1653). A Resolution. Proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: There is hereby created the West Jackson fire district which shall encompass an area composed of all that territory within a five-mile radius in all directions from the front entrance of the presently existing Jackson County High School building. Such fire district shall be administered by a board to be composed of the Mayor of the municipality of Braselton, the Mayor of the municipality of Hoschton, three citizens of each of the aforesaid municipalities to be designated by the Mayor of each municipality and two members who live in the unincorporated area of said fire district to be designated by the governing authority of Jackson County. Said fire district is created for the purpose of affording fire protection in the territory comprising said district and the board is hereby authorized to take whatever action it deems necessary to provide such protection. The governing authority of Jackson County shall levy a tax of not less than one nor more than five mills, as recommended to the governing authority by the Board, on the taxable property in said territory. The governing authority shall levy and collect said taxes in both the incorporated and unincorporated areas in said territory. The tax commissioner of Jackson County

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shall retain from the funds received from such tax levy the amounts necessary to defray the administrative costs and expenses for the assessment and levy, and it shall be based on the same percentage as paid by the State for the collection of the State ad valorem taxes. That amount shall be remitted by the tax commissioner to the public treasury of Jackson County. All other funds received from such tax levy shall be turned over to the Board to be used for the purposes provided for herein. Section 2. The above proposed amendment to the Constitution shall be published and sumitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to create the West Jackson fire district which will serve the municipalities of Braselton and Hoschton and the Districts of Porters, Hoschton and Randolph, and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CITY OF CAIRO DEVELOPMENT AUTHORITY BONDS. Proposed Amendment to the Constitution. No. 212 (House Resolution No. 824-1675). A Resolution. Proposing an amendment to Georgia Laws 1962, pages 1200-1211, which amended Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia of 1945 so as to remove the limitation on the rate of interest applicable to bonds issued by the City of Cairo Development Authority; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The Constitutional Amendment found in Georgia Laws 1962, page 1200, and ratified at the General Election held on November 6, 1962, is hereby amended by striking the words bear interest at rates not exceeding six percent per annum following the words not exceeding 30 years from their respective dates and substituting therefor the words bear interest at such rates and by striking the words not to exceed six percent per annum following the words the interest payable thereon, all in the fourth sentence of subsection (H) of section 1 thereof, so that said subsection as amended shall read as follows: H. The authority with the consent and approval of the Mayor and Council of the City of Cairo is hereby authorized from time to time to issue revenue bonds in order to effectuate and carry out the purposes of this amendment. The principal and interest of such bonds shall be paid from funds and assets available for that purpose. Said revenue bonds may be authorized by resolution of said Authority which may be adopted at a regular or special meeting by a majority vote of the members of the Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued,

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may in addition to the purchase price of land and the contract price or cost of buildings and improvements include in the undertaking also cover all costs relative to the issuance thereof including engineering, inspection, fiscal and legal expenses and interest on the issue estimated to accrue during the construction period and for six months thereafter, and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rates, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of the bonds may provide; and said Resolution in addition to showing the principal amount of the proposed revenue bond issue shall also show their date or dates, denominations, their maturity at such time or times not exceeding 30 years from their respective dates, the interest payable thereon and the times of payment therefor, registration and/or redemption privileges, if any, and such other terms, covenants, assignments and conditions as may have been agreed on and determined by said Authority. All bonds and the interest thereof so issued by such Authority are hereby declared to be nontaxable for any and all purposes. In addition to the consent and approval of the Mayor and Council of the City of Cairo, as aforesaid, in the event they have also determined or agreed to pledge in aid and support of said revenue bond issue all or any part of the maximum tax levy authorized by subsection (C) of Section 1 hereof, then and in such event the said Mayor and Council shall provide for a tax levy by Resolution in the form and manner contemplated and authorized for general obligation bonds by Article VII, Section VII, Paragraph II of the Constitution of the State of Georgia of 1945, reciting in said Resolution that said maximum tax levy (if none of the same has been previously pledged for the purposes of this subsection), or some unpledged part thereof, for the whole period of time covered by said issue, or some particular part, denominations, or period thereof, all in the exclusive discretion of said Mayor and Council, is pledged and irrevocably appropriated, in aid and support of the payment of the

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principal and/or interest payments on said revenue bonds, or the part or portion thereof as specifically described and identified therein; and the city's obligation as thus determined and agreed upon shall also be represented by a contract between the City of Cairo and said Authority, reciting the same information as to said Revenue Bond issue as set out in the Resolution of said Mayor and Council prescribed above, and the same pledge and appropriation of tax levy in the aid and support of said Revenue Bonds and the payment thereof as set out in said city Resolution; and upon the passage of said city Resolution and the due execution of said contract, the City of Cairo and its governing authorities, and their successors in office, shall be bound in the same form and manner as provided in Article VII, Section VII, Paragraph II of the Constitution of the State of Georgia of 1945 to levy an annual tax up to but not exceeding two mills, in the particular rate as fixed, pledged and appropriated in its said Resolution and in its said contract to aid and support said Bond issue and its payment, or some part thereof, all as fixed and determined in its said Resolution and in its said contract. Such bonds as issued by said Authority shall be validated in the Superior Court of Grady County in the same manner as revenue bonds of municipalities are validated by and under Georgia Laws 1937, pages 761 et sequitur, as amended, and in the proceedings to validate such bonds both the City of Cairo and the Mayor and Council of the City of Cairo shall be named as parties defendant. In the event no bill of exception shall be filed within the time prescribed by law, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the superior court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the Mayor and Council of the City of Cairo or other taxing authority of the said city to the extent of the rate or millage pledged for such purposes by the said city authorities. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in

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Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to remove the limitation on the rate of interest applicable to bonds issued by the City of Cairo Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 213 (House Resolution No. 825-1678). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Marietta Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following:

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The General Assembly shall be authorized to create in and for the City of Marietta, the Downtown Marietta Development Authority for the purpose of the redevelopment of the downtown Marietta area. Said Authority shall have the power to employ engineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Marietta for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of Marietta, and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of Marietta, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against owner occupied property used exclusively for residential purposes or property used for school or church purposes. The authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Marietta which shall be subject to the provisions of amendment. Section 2. The above proposed amendment to the Constitution 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

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Shall the Constitution be amended so as to provide for the establishment of a Downtown Marietta Development Authority and to provide for the powers, duties, and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes All persons desiring to vote against ratifying the proposed amendment shall vote No If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CLINCH COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 214 (House Resolution No. 841-1690). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Clinch County by the people; to provide for the appointment of the County School Superintendent of Clinch County by the Board of Education of Clinch County; to provide for all matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a new board, to be known as the Board of Education of Clinch County, which shall have the same powers and duties as the present board of education. The County of Clinch shall be composed of one

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(1) school district and shall be confined to the control and management of the Board of Education of Clinch County. The Board of Education of Clinch County shall consist of five (5) at large members who shall be elected by the qualified voters of the entire county for terms of office of four (4) years each and until their successors are elected and qualified. Candidates for election to the Board of Education of Clinch County shall specifically designate the particular post for which they are offering by number. To be elected to such post, the candidate must receive the highest number of votes cast in the election. The Board shall elect a chairman from among its members at its first regular meeting in each year. Any vacancy occurring in the membership of the Board of Education of Clinch County for any reason shall be filled by the majority vote of the remaining members of the Board of Education. In order to be eligible to hold office as a member of said Board, the person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of the English education, and must be qualified to vote for members of the General Assembly. No person shall be eligible for membership on the Board unless he has been a resident of Clinch County for at least one (1) year immediately preceding the date of his election to said Board. The Board of Education of Clinch County created herein shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment. The Board of Education of Clinch County in existence at the time of ratification of this amendment is hereby abolished on December 31, 1972, and the terms of all members of such Board shall expire at that time. The first election for members of the Board of Education of Clinch County created herein shall be at the November general election in 1972. The persons elected at such first election shall take office on January 1, 1973, for terms of office of four (4) years each and until their successors are elected and qualified. An election shall be held quadrennially thereafter for the election of members

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to the Board of Education of Clinch County, and the persons elected shall take office immediately following their election for terms of office of four (4) years each and until their successors are elected and qualified. The Board of Education created herein shall appoint the County School Superintendent who shall serve at the pleasure of the Board. No election shall be conducted for county school superintendent at the November general election in 1972. The Board of Education shall fix the salary and other compensation of the County School Superintendent. The County School Superintendent appointed by the Board shall be subject to all constitutional and statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Clinch County by the people and for the appointment of the County School Superintendent of Clinch County by the Board? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CLINCH COUNTYTAX COMMISSIONER. Proposed Amendment to the Constitution. No. 215 (House Resolution No. 842-1690). A Resolution. Proposing an amendment to the Constitution so as to provide for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973; to provide for all matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by local Act for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973. The General Assembly is further authorized to provide for all matters relative to the foregoing. Section 2. The above proposed amendment to the Constitution 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

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Shall the Constitution be amended so as to authorize the General Assembly to provide by local Act for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. WARE COUNTYSHERIFF'S POWERS. Proposed Amendment to the Constitution. No. 216 (House Resolution No. 843-1690). A Resolution. Proposing an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County and to provide that if the sheriff shall fail to perform his powers, duties and responsibilities as required by law, the governing authority of Ware County may withdraw the sheriff's law enforcement powers and vest them in the Ware County Police Force; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by striking therefrom the following paragraph: Effective January 1, 1969, the powers, duties and responsibilities of the sheriff of Ware County, as they relate

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to the enforcement of the criminal laws of the United States, this State and any political subdivision thereof, shall devolve upon and be exercised by a county police force which shall be established by the governing authority of Ware County pursuant to the provisions of Code Chapter 23-14 for the purposes of enforcing such laws and exercising and discharging all of the powers, duties and responsibilities formerly vested in the sheriff of Ware County insofar as his criminal law enforcement responsibilities and duties are concerned. The sheriff of Ware County shall continue to discharge all of the powers, duties and responsibilities of his office as they pertain to the Superior Court of Ware County and the City Court of Waycross, as well as his powers, duties and responsibilities as the jailor of the Ware County Jail., and substituting in lieu thereof the following paragraph: If the sheriff of Ware County shall fail to perform his powers, duties and responsibilities as required by law, the governing authority of Ware County may withdraw from the sheriff his powers, duties and responsibilities, or any portion thereof, as they relate to the enforcement of the criminal laws of the United States, this State and any political subdivision thereof, and provide that such powers, duties and responsibilities shall devolve upon and shall be exercised by the Ware County Police Force. The governing authority of Ware County shall establish and maintain a county police force. Section 2. The above proposed amendment to the Constitution 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

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Shall the Constitution be amended so as to restore the law enforcement powers to the sheriff of Ware County and to provide that if the sheriff shall fail to perform his powers, duties and responsibilities as required by law, the governing authority of Ware County may withdraw the sheriff's law enforcement powers and vest them in the Ware County Police Force? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOWNTOWN SMYRNA DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 217 (House Resolution No. 844-1690). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Smyrna Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: The General Assembly shall be authorized to create in and for the City of Smyrna, the Downtown Smyrna Development Authority for the purpose of the redevelopment of the downtown Smyrna area. Said Authority shall have the power to employ engineers and planners, to contract

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for the construction, remodeling and altering of buildings, and to contract with the City of Smyrna for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of Smyrna, and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of Smyrna, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against owner occupied property used exclusively for residential purposes or property used for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives. The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Smyrna which shall be subject to the provisions of amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the establishment of a Downtown Smyrna Development Authority and to provide for the powers, duties, and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HENRY COUNTYTAX ON MOBILE HOMES AND MOBILE HOME SITES. Proposed Amendment to the Constitution. No. 218 (House Resolution No. 851-1700). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law that the Board of Commissioners of Henry County may levy and collect a tax, subject to the exemptions and graduations as may be provided by such law, on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites.

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COCHRAN-BLECKLEY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 219 (House Resolution No. 853-1700). A Resolution. Proposing an amendment to the Constitution, so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Effective at the time and in the manner provided hereinafter, there is hereby created the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County. There is hereby created the board of education of the Cochran-Bleckley School System. Said board shall be composed of five (5) members as follows: two (2) members shall be residents of the City of Cochran; two (2) members shall be residents of the county outside the corporate limits of the City of Cochran; and one member shall be from the County at Large. All members shall be elected by the voters of the entire county. The terms, compensation, manner of election, time of election, powers, duties, authority, and all other matters relative to said board shall be provided by law. The independent school system of the City of Cochran and the board of education thereof, and the county school system of Bleckley County and the board of education thereof shall continue to exist until July 1, 1971, on which date the Cochran-Bleckley School System and the board of education thereof shall come into existence. The board shall elect the school superintendent of the Cochran-Bleckley School System. The school superintendent of the independent school system of the City of Cochran and the county school superintendent of the county school system of Bleckley County shall continue to serve as such and such offices shall continue to exist until July 1, 1971, upon which date the office of school superintendent of the Cochran-Bleckley School system shall come into existence. The duly elected county school superintendent of Bleckley County shall continue to serve as the superintendent of the Cochran-Bleckley School System until July

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1, 1972, after which time the board shall elect the school superintendent. The governing authority of Bleckley County is hereby authorized to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for removing or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. The governing authority shall levy the amount designated by the board of education. The General Assembly shall provide by local law for all matters relative to the Cochran-Bleckley School System, the board of education thereof, and the superintendent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of education, county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the Cochran-Bleckley School System. Even though the merged system and the board and superintendent thereof shall not replace the present system, boards and superintendents until July 1, 1971, the General Assembly is hereby authorized to provide for such matters as shall be necessary prior to that date, such as election of members, election by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amendment. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted

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as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. WARE COUNTYTAX COMMISSIONER. Proposed Amendment to the Constitution. No. 220 (House Resolution No. 869-1702). A Resolution. Proposing an amendment to the Constitution so as to provide for the consolidation of the offices of the tax receiver and tax collector of Ware County into the office of the tax commissioner of Ware County; to authorize the City of Waycross and Ware County to consolidate, merge and combine the ad valorem tax functions of such

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political subdivisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: Effective January 1, 1973, the offices of tax receiver and tax collector of Ware County shall be consolidated and combined into the one office of the tax commissioner of Ware County. The first election for the office of tax commissioner of Ware County shall be held in the general election of 1972. The General Assembly may provide by law for any matters necessary pertaining to the consolidation and merger of the offices of the tax receiver and tax collector in the office of tax commissioner of Ware County and for any other matters pertaining to the tax commissioner of Ware County not in conflict with this paragraph. Effective January 1, 1973, the respective governing authorities of the City of Waycross and the County of Ware shall consolidate, merge and combine the offices, officers and functions of the City and of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Waycross and County of Ware and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and provide for the time, method and manner of performing any and all such matters and functions. The tax commissioner of Ware County shall be vested with the power, duty and responsibility of administering such combined functions, activities, powers, duties, and responsibilities. Such governing authorities may, except as in regard to the tax commissioner of Ware County, retain, release, or combine present offices and officers,

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positions and employees, and provide for the selection of officers and employees to assist the tax commissioner of Ware County in performing such consolidated and combined tax functions, provide for the compensation and tenure of office and employment of such employees, provide for their classification as officers or employees of either the City or County or both for purposes of compensation coverage and retirement pension and old-age benefits, designate the place or places for the performance of the services and duties connected with or incident to the consolidated and combined tax function between the City and County, and all other related or incidental matters not in conflict with this paragraph. In the performance of any and all of the matters herein authorized and relating to ad valorem taxation, due process of law shall be afforded and the right of any person to homestead exemptions as provided by law and as related to ad valorem taxes due to the State of Georgia and County of Ware shall not be affected hereby or hereunder. Any of the foregoing actions may be changed, superseded, or revoked by the General Assembly. Section 2. The above proposed amendment to the Constitution 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 effective January 1, 1973, the offices of the tax receiver and tax collector of Ware County shall be combined into the office of tax commissioner of Ware County and to authorize the City of Waycross and Ware County to consolidate, merge and combine the ad valorem tax functions of such political subdivisions? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOUGHERTY COUNTYCITY OF ALBANYBOARD OF REGISTRARS. Proposed Amendment to the Constitution. No. 221 (House Resolution No. 871-1713). A Resolution Proposing an amendment to the Constitution so as to authorize and empower the General Assembly by local Act to create a Board of Registrars of Dougherty County or a Joint Board of Registrars of Dougherty County and the City of Albany and to provide for all matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly is hereby authorized and empowered by local Act to create a Board of Registrars of Dougherty County or a Joint Board of Registrars of Dougherty County and the City of Albany and to define its powers and duties and to provide for all matters relative to the foregoing. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided

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in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize and empower the General Assembly by local Act to create a Board of Registrars of Dougherty County or a Joint Board of Registrars of Dougherty County and the City of Albany and to provide for all matters relative to the foregoing? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOUGHERTY COUNTY BOARD OF ELECTIONS. Proposed Amendment to the Constitution. No. 222 (House Resolution No. 872-1713). A Resolution. Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution to provide for a board of elections in Dougherty County without an enabling Act of the General Assembly; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for an ex officio member; to provide for the qualification and terms of its members; to provide for a

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chairman, clerical assistants and other employees; to provide for compensation for such persons and the members of the board; and for other purposes. Be it resolved by the General Assembly of Georgia: Section I. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof, the following: A. There is hereby created in Dougherty County a Board of Elections which shall have jurisdiction over the conduct of primaries and elections in Dougherty County in accordance with the provisions hereof. Created. B. The Board of Elections in Dougherty County shall be composed of five (5) members, each of whom shall be an elector and resident of the County and who shall be selected in the following manner: Members. (1) Two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at the past preceding regular general election, held for the election of all members of the General Assembly, received the largest number of votes in this State for members of the General Assembly, and two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes; provided, further, that in the event such appointments are not ratified by a majority of the members of such executive committees at least sixty (60) days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds majority of the membership of such executive committees; provided, further, that in the event the members of said executive committees fail to elect such

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members at least thirty (30) days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section D. hereof. (2) One member shall be, ex officio, the chief registrar of the county, who shall be designated chairman of the board of elections. C. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Qualifications. D. The appointment or election of each appointed or elected member shall be made by the respective appointing or electing authority filing an affidavit with the Clerk of the Superior Court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The Clerk of the Superior Court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed or elected member and the name of the ex officio member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. In the event any appointing or electing authority fails (1) to make a regular appointment or election within the times specified in this section and in Section B (1), or (2) to make an interim appointment or election to fill a vacancy within ninety days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority. Appointments. E. Each appointed or elected member of the board shall (1) serve for a term of two years and until his successor is appointed or elected and qualified, except

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in the event of resignation or removal as hereinafter provided, (2) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority and to the clerk of the superior court, and (3) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Terms. F. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve the remainder of the unexpired term. In the event a vacancy occurs in the office of the ex-officio member by reason of the death of such member or his removal or resignation as chief registrar, his office on the board of elections shall be filled by the person succeeding to the office of chief registrar. The Clerk of the Superior Court shall be notified of interim appointments or elections and changes in the office of the ex-officio member and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and designation of the ex officio member. Vacancies. G. The first members of the board hereunder shall take office on January 1, 1971. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Oaths, etc. H. Each board of elections shall: (1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the Ordinary by Title 34 of the Georgia Code of 1933, as now or hereafter amended, particularly by an Act entitled `The Georgia Election Code', approved June 24, 1964 (Ga. L. Ex. Sess, 1964, p. 26), of whatever nature and kind, and any other provision of law with respect thereto. Duties.

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(2) With regard to preparation for and conduct of primaries: (a) succeed to all the duties and powers granted to and incumbent upon the ordinary by Title 34 of the Georgia Code of 1933, as now or hereafter amended, particularly by an Act entitled `The Georgia Election Code', approved June 24, 1964 (Ga. L. Ex. Sess. 1964, p. 26), of whatever nature and kind, and any other provision of law with respect thereto, and (b) formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State Executive Committee of each political party, governing the conduct of primaries, to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county executive committee of each political party, poll workers properly trained and voters adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code section 34-902 (c), as amended, with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board of elections. Nothing herein shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. I. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers all be apointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Poll workers. J. With the consent of the governing authority, the board of elections shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets and other material designed to adequately inform and instruct electors of the county with regard to elections. Publications.

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K. Effective January 1, 1971, the ordinary shall be relieved from all powers and duties to which the board of elections succeeds by the provisions herein and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Ordinary. L. The Chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Chairman. M. Compensation for the chairman of the board of elections, clerical assistants and other employees shall be such as may be fixed by the governing authority. Compensation for members of the board of elections, not including the chairman, shall be the same as received by members of the board of registrars, not including the chief registrar. Said compensation shall be paid wholly from county funds. Compensation. N. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Officers, etc. O. The words `election', `elector', `political party', `primary', `public office', `special election', and `special primary', shall have the same meaning ascribed to those words by Code Section 34-103 of the Code of Georgia of 1933, as amended, unless otherwise clearly apparent herein. Definitions. Section II. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of

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the General Assembly, and the same has been entered on their journals with the `Ayes' and `Nays' taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the proposed amendment shall have written or printed thereon the following: `YES' () Shall the Constitution be amended so as `NO' () to create an election board in Dougherty County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote `Yes'. All persons desiring to vote against ratifying the proposed amendment shall vote `No'. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. CITY OF AUGUSTATAXING DISTRICTS. Proposed Amendment to the Constitution. No. 223 (House Resolution No. 877-1746). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Augusta to create two or more taxing districts within said city; to provide for the submission

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of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following: The City of Augusta is authorized to create two or more taxing districts within said city and provide that the rate and manner of levying taxes within any one district may vary from those taxes levied in other districts. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the City of Augusta to create two or more taxing districts within said city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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GOVERNOR'S VETO. Proposed Amendment to the Constitution. No. 224 (Senate Resolution No. 43). A Resolution. Proposing an amendment to the Constitution so as to change the manner in which bills and resolutions are approved or vetoed by the Governor and to change the procedure for overriding bills and resolutions vetoed by the Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section I, Paragraph XV of the Constitution is hereby amended by striking Paragraph XV in its entirety and inserting in lieu thereof a new Paragraph XV to read as follows: Paragraph XV. Approval, Veto, Override of Veto, and Effective Date of Bills and Resolutions. (a) All bills and all resolutions intended to have the effect of law which have been passed by the General Assembly shall become law if the Governor approves or fails to veto the same within ten days, excluding Sundays, from the date any such bill or resolution is transmitted to him unless the General Assembly adjourns sine die or adjourns for more than forty days, excluding Sundays, prior to the expiration of said ten days. During the sessions of the General Assembly no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or his designee or upon order of a majority of the members of the house wherein such bill originated. During the interim between adjournment of the General Assembly and the reconvening of the General Assembly, in the event the General Assembly adjourns without adjourning sine die or adjourns for a period of forty days or less, excluding Sundays, no bill or resolution shall be transmitted to the Governor after

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passage except upon request of the Governor or his designee or upon order of a majority of the house wherein such bill originated. (b) In the case of such adjournment sine die , or adjournment for more than forty days, excluding Sundays, prior to the expiration of said ten days from the date of passage of a bill or resolution, the same shall become law if approved or not vetoed by the Governor within thirty days, excluding Sundays, from the date of such adjournment. (c) The Governor shall have the duty to transmit any bill or resolution vetoed by him, together with his reasons for such veto, to the presiding officer of the house wherein it originated within four days, excluding Sundays, from the date of veto if the General Assembly is in session and within forty days, excluding Sundays, from the date of adjournment sine die , or adjournment for more than forty days, excluding Sundays, of the General Assembly if adjourned prior to the expiration of said forty days. (d) Upon motion adopted by such house after receipt of such vetoed bill or resolution before adjournment, such bill or resolution shall be immediately considered for the purpose of overriding the veto. The General Assembly may reconvene on the first Monday following the fortieth day, excluding Sundays, after adjournment sine die , or adjournment for more than forty days, excluding Sundays, upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die . If the presiding officers of the Senate and House of Representatives elect not to convene the General Assembly for the purpose of considering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die or adjournment for more than forty days, excluding Sundays, such vetoed bills and resolutions shall be considered within the

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first ten days of the following session of the General Assembly upon a motion being adopted by the house in which the vetoed bill or resolution originated, and such bill or resolution shall be considered immediately for the purpose of overriding the veto. (e) If two-thirds of the members elected to such house vote to override the veto of the Governor on any bill or resolution, the same shall be immediately transmitted to the other house wherein such bill or resolution shall be immediately considered for the purpose of overriding such veto. Upon the vote to override the veto by two-thirds of the members elected to such other house, such bill or resolution shall become law. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto. (f) The Governor may approve any appropriation and veto any other appropriation in the same bill and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided. (g) The Governor shall not have the power to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution. (h) The General Assembly shall provide by law for the determination of the effective date of any bill or resolution approved by the Governor or becoming law without his approval. Section 2. The above proposed amendment to the Constitution 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

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Shall the Constitution be amended so as to change the manner in which bills and resolutions are approved or vetoed by the Governor and to change the procedure for overriding bills and resolutions vetoed by the Governor? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FULTON COUNTYTAX ON AUTOMOBILES. Proposed Amendment to the Constitution. No. 225 (Senate Resolution No. 73). A Resolution. Proposing an amendment to Article 7, Section 7 of the Constiution, so as to authorize Fulton County to levy an annual tax upon each automobile licensed to operate in said county, in an amount not to exceed $5.00 for each such automobile; to provide that the payment of such tax shall be evidenced by a stamp or decal to be affixed to the windshield of said car and to be issued when the license tag on such automobile is obtained; to provide for the use of the proceeds of said tax; 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 language: Notwithstanding any other provision of this Constitution, Fulton County is authorized to levy an annual tax upon each automobile licensed to operate in said County,

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in an amount not to exceed $5.00 for each such automobile. The payment of such tax shall be evidenced by a stamp or decal to be affixed to the windshield of said car, and to be issued when the license tag on such automobile is obtained. The proceeds from the levy of such tax shall be used exclusively for the planning and construction of roads and bridges and other public transportation facilities in both the incorporated and unincorporated areas of such County; provided that no less than two-thirds of the proceeds from such tax shall be expended on roads, bridges and other facilities in the corporate limits of the City of Atlanta. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution of Georgia, authorizing Fulton County to levy an annual tax not to exceed $5.00 on each automobile licensed in said County. Against ratification of amendment to the Constitution of Georgia, authorizing Fulton County to levy an annual tax not to exceed $5.00 on each automobile licensed in said County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. GRANTS AND SCHOLARSHIPS TO COLLEGE STUDENTS. Proposed Amendment to the Constitution. No. 226 (Senate Resolution No. 86). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is authorized to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universitites in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures

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under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for grants or scholar-ships to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. 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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AD VALOREM TAXATION OF INVENTORIES. Proposed Amendment to the Constitution. No. 227 (Senate Resolution No. 216). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly shall be authorized to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property, not including motor vehicles, or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year in such manner as the General Assembly shall provide. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible property, not including motor vehicles, or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year in such manner as the General Assembly shall provide? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. GEORGIA HOUSING FINANCE AUTHORITY. Proposed Amendment to the Constitution. No. 228 (Senate Resolution No. 228). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the building, development, improvement, financing, expansion and modernization of housing and housing facilities are public

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purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The constitution is hereby amended by adding at the end thereof a new Article to be designated Article XVII and to read as follows: ARTICLE XVII Housing Section I. The building, development, improvement, financing, expansion and modernization of housing and housing facilities are hereby declared to be public purposes vital to the welfare of the people of this State. The General Assembly is hereby authorized to appropriate funds for such purposes. The General Assembly may create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes under such terms and conditions as the General Assembly may provide. The General Assembly may authorize said Authority to issue revenue obligations and revenue anticipation notes, and the indebtedness incurred thereby shall be general obligations of said Authority to be secured by the charges, fees and revenues of said Authority and by such other funds and assets as may be available to the Authority but shall not constitute an indebtedness of the State. The General Assembly may provide for the validation of any revenue obligations authorized by such Authority, and such validation thereafter shall be incontestable and conclusive. The General Assembly may provide the method and procedure for the issuance of revenue anticipation notes with a maturity date not to exceed 10 years without

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the necessity for validation proceedings. The General Assembly may authorize that revenue anticipation notes of the Authority may be renewed or refunded from time to time as the permanent members of the Authority may deem necessary. The obligations, properties, activities and income of said Authority shall be exempt from taxation. Section II. Permanent membership of such Authority shall include the Governor, the Lieutenant Governor, the Speaker of the House, the Attorney General, the State Auditor, the State Treasurer, and the State Budget Officer. Said permanent members shall be responsible for the issuance of all debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred. Said permanent members shall have such additional responsibilities, powers and duties with respect to the Authority as shall be provided by law. The General Assembly may provide for other members of such Authority, as well as for a Director, Assistant Director or Assistant Directors, and for employees, but no persons other than the seven permanent members shall have any authority or responsibility for the issuance of debt and for the proper application of the proceeds thereof. Section III. The General Assembly may provide that the Georgia Housing Finance Authority may, in order to carry out its purposes, (a) make rules and regulations; (b) set charges and fees to be paid and charged; (c) establish standards and classifications of housing; (d) purchase or acquire, or contract to purchase and acquire, promissory notes and other evidences of indebtedness or participations therein which are secured by deeds to secure debt, mortgages or other liens; (e) define and establish qualifications and standards for limited-profit or nonprofit borrower-sponsors of housing; (f) lend funds of the Authority to qualified borrower-sponsors under such laws and under such supervision as may be established by the General Assembly and by the rules and regulations of the Authority; (g) secure the loans made by the Authority to qualified borrower-sponsors by taking promissory notes secured by deeds to secure

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debt or mortgages from such qualified borrower-sponsors; (h) pledge or assign the promissory notes and deeds to secure debt or mortgages from such borrower-sponsors as security for revenue obligations or revenue anticipation notes, and further to pledge and assign the fees and income of the Authority as security for the Authority's debt; (i) make short-term loans to qualified borrower-sponsors for the limited purpose of meeting the preliminary costs and regulatory requirements of the Authority and the United States Government or other lendors or grantors which are necessary and preliminary to such borrower-sponsor's obtaining a grant or loan for the construction or improvement of housing; (j) pledge and assign the revenue of the Authority, its evidences of indebtedness, promissory notes and participations therein secured by deeds to secure debt, mortgages, or other liens as security for the revenue obligations and revenue anticipation notes; and (k) take such action as may be necessary to carry out such other program or programs which are consistent with its purposes. Section IV. Notwithstanding any other provision of this Constitution, the General Assembly may provide by law that the State or any county or municipality or any county and municipality, may exempt housing erected under the authority of this amendment from State and local ad valorem taxes for the period of time during which the Georgia Housing Finance Authority holds any evidence of indebtedness on said housing. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the building, development, improvement, financing, expansion and modernization of housing and housing

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facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CLARKE COUNTYHOMESTEAD EXEMPTION FOR SCHOOL TAXES. Proposed Amendment to the Constitution. No. 229 (Senate Resolution No. 235). A Resolution. Proposing an amendment to the Constitution so as to remove therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemption provided by Article VII, Section I, Paragraph IV of the Constitution and to provide that such property shall be subject to the homestead exemptions provided by said Article VII, Section I, Paragraph IV of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VII of the Constitution, as amended by an amendment authorizing the General Assembly to pass a special Act or Acts to merge the existing independent school system known as the Board of Education of Athens, Georgia, and the existing school district in the County of Clarke outside the corporate limits of said city, ratified at the general election held in November, 1954, and set forth in Georgia Laws 1953, Jan.-Feb. Sess., p. 560, as amended, by an amendment ratified at the general election held in November, 1966, and set forth in Georgia Laws 1966, p. 834, and as amended by an amendment ratified at the general election held in November, 1968, and set forth in Georgia Laws 1968, p. 1530, is hereby amended by striking in its entirety the last sentence of subparagraph (a) of Section 1 of said amendment, which sentence reads as follows: For school purposes only, property taxed for support of said school system shall not be subject to the privileges of homestead exemption provided by Article VII, Section I, Paragraph IV, of the Constitution., and substituting in lieu thereof the following sentence: Property taxed for the support of said school system shall be subject to the homestead exemptions provided by Article VII, Section I, Paragraph IV of this Constitution., so that when so amended, said subparagraph (a) of Section 1 of said amendment shall read as follows: (a) The said Act or Acts of the General Assembly may authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate, as the General Assembly may provide, for the support of said school system and for payment of the bonded indebtedness for school purposes of Clarke County and the Mayor and Council of the City of Athens. Property taxed for the support of said school system shall be subject to the homestead exemptions provided by Article VII, Section I, Paragraph IV of this Constitution. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided

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in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to remove therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemptions provided by Article VII, Section I, Paragraph IV of the Constitution and to provide that such property shall be subject to the homestead exemptions provided by said Article VIII, Section I, Paragraph IV of the Constitution? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF PERRYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 231 (Senate Resolution No. 289). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Perry to grant to certain persons who are 65 years of age or over with limited income an exemption

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of $2,000.00 from ad valorem taxation on such person's homestead; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $2,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the City of Perry to grant to certain persons who are 65 years of age or over with limited income an exemption of $2,000.00 from ad valorem taxation on such person's homestead? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOUSTON COUNTYCONSOLIDATION OF TAX FUNCTIONS. Proposed Amendment to the Constitution. No. 232 (Senate Resolution No. 307). A Resolution. Proposing an amendment to the Constitution so as to authorize the consolidation, merger and combination of the tax functions of each incorporated municipality located within Houston County with such functions of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following paragraph: The governing authorities of each of the incorporated municipalities located within Houston County with the consent of the governing authority of Houston County may consolidate, merge and combine the offices, officers and functions of each such municipality thereof with Houston County, 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 each such municipality and Houston County and the State of Georgia.

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Pursuant to the agreement of the governing authorities, and respecting any and all other matters relating or incident to the same, they may specify and provide for the time, method and manner of performing any and all such matters and functions. Such governing authorities may retain, release or combine present offices and officers, positions and employees, and provide for the selection of officers and employees to perform such consolidated and combined tax functions, provide for the compensation and tenure of office and employment of such officers and employees, provide for their classification as officers or employees of either the municipality concerned or County or both for purposes of compensation coverage and retirement, pension and old-age benefits, designate the place or places for the performance of the services and duties connected with or incident to the consolidated and combined tax function between the municipalities and County, and all other related or incidental matters not in conflict with this paragraph. In the performance of any and all of the matters herein authorized and relating to ad valorem taxation, due process of law shall be afforded and the right of any person to homestead exemptions as provided by law and as related to ad valorem taxes due to the State of Georgia and Houston County shall not be affected hereby or hereunder. Any of the foregoing actions may be changed, superseded, or revoked by the General Assembly. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the consolidation, merger and combination of the tax functions of each incorporated municipality located within Houston County with such functions of Houston County?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. RETIREMENT BENEFITS UNDER STATE CREATED RETIREMENT, ETC. SYSTEMS. Proposed Amendment to the Constitution. No. 270 (House Resolution No. 624-1257). A Resolution. Proposing an amendment to the Constitution to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following paragraph: Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity

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and benefit fund, pension system or any similar system heretofore or hereafter created by law to which the General Assembly appropriates funds. The General Assembly shall be authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired persons. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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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 No. 29 HB 1157 Gwinnett CountyJudicial Circuit court reporter 2-13-70 No. 30 HB 349 Motor vehicle driversvisual examination rules 3-10-70 No. 31 HB 1363 GBIstate legislative intent 3-10-70 No. 32 HB 1047 Insurance company stocktake over bidsregulate 3-12-70 No. 33 SB 265 Surplus propertyDepts. and Agencies declare 3-12-70 No. 34 SB 373 Supervisor of Purchasesarrange an annual contract 3-12-70 No. 35 HB 1318 Counties and citiesexcise tax 3-20-70 No. 36 SB 218 Motor vehicletag agents fee 3-24-70 No. 37 SB 384 Urban redevelopmentprivate sales w/o ads 3-24-70 No. 38 SB 482 Minorsconsent for treatment of VD and drugs 3-24-70 No. 39 HB 1063 Bail bondperson bound over to another court 3-24-70 No. 40 HB 1134 Board of Educationopen honor program to private school 3-24-70 No. 41 HB 1145 Urban developmentaccept factory built housing 3-24-70 No. 42 HB 1480 Board of ProbationEmp. pers.merit system 3-24-70 No. 43 HB 1494 Atlanta Housing Authorityincrease membership 3-24-70 No. 44 SB 511 Wilkes CountyIndustrial development 3-28-70 No. 45 HB 1306 Catoosa Countypre marital health examination 3-28-70

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COUNTIES AND SUPERIOR COURT CIRCUITS

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APELLATE COURTS SUPREME COURT OF GEORGIA BOND ALMAND Chief Justice CARLTON MOBLEY Presiding ustice BENNING M. GRICE Associate Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice JULE W. FELTON Associate Justice PEYTON S. HAWES Associate Justice 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 CHARLES N. HOOPER Law Assistant H. GRADY ALMAND, JR. Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. CARRIE L. BULLOCK Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JOHN SAMMONS BELL Chief Judge ROBERT H. JORDAN Presiding Judge ROBERT H. HALL Presiding Judge HOMER C. EBERHARDT Judge CHARLES A. PANNELL Judge BRASWELL D. DEEN, JR. Judge J. KELLEY QUILLIAN Judge GEORGE P. WHITMAN, SR. Judge RANDALL EVANS, JR. Judge RICHARD L. RICE Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. CYNTHIA T. BEATTIE 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 ROBERT H. BRINSON Law Assistant MORGAN THOMAS Clerk MRS. EDNA B. WEBB 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, DURWARD T. PYE, LUTHER ALVERSON, J. C. (JEP) TANKSLEY, SAM P. McKENZIE, 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., Judge, 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, Presiding Judge, P. O. Box 789, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus, OSCAR D. SMITH, JR., Judge, 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 December; second Monday in September; fourth Monday in May. 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, 414 Pinecrest Dr., 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. EDWIN A. McWHORTER, DUNBAR HARRISON, 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. BEN J. MILLER, D.A., Thomaston. FayetteFirst and second Mondays in March; second and third Mondays in September. PikeThird and fourth Mondays in February and November. 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. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

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MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, P. O. Box 345, Toccoa. HERBERT B. KIMZEY, 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 April; 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. BullochThird Mondays in February, May, August, and November. EffinghamThird Monday in June; 1st Monday in December. JenkinsThird Mondays in March and September. ScrevenThird Mondays in January, April, July and October.

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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 and second Mondays in April and October. BarrowFirst and second Mondays in February and August; first Mondays in May and November. JacksonFirst and second Mondays in March; second and third Mondays 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. A. WALLACE CATO, D.A., P. O. Box 65, Bainbridge. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. DecaturFirst Mondays in February, May and November. GradyThird Mondays in March, August and September. MitchellSecond Mondays in January and July; third Mondays in April and October.

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SOUTHERN CIRCUIT. HONS. MARCUS B. CALHOUN, Thomasville; OMER W. FRANKLIN, JR., Valdosta, 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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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Ad valorem taxation of inventories 1142 Augusta, City of; historic zones 1078 Augusta, City of; taxing districts 1133 Barrow County; school system 1059 Ben Hill County; board of education 984 Cairo, City of; development authority bonds 1106 Carroll County; vocational technical school system 1046 Central Albany Development Authority 1074 City-County of DeKalb 1068 Clarke County; homestead exemption for school taxes 1147 Clinch County; board of education 1111 Clinch County; tax commissioner 1114 Cochran-Bleckley School System 1120 Conyers, City of; homestead exemption 1047 Coweta County; indebtedness for water and sewerage purposes 993 Dougherty County; board of elections 1127 Dougherty County-City of Albany; board of registrars 1126 Effective date of Constitutional Amendments 975 Fayette County; board of education 979 Fayette County; salary recommendation by grand jury 1002 Fayette County School Superintendent 977 Fitzgerald and Ben Hill County Development Authority 1077 Fulton County; tax on automobiles 1138 Georgia Housing Finance Authority 1143 Glynn County; public improvement authority 1012 Glynn County; taxation for water and sewer purposes 1010 Governor's Veto 1135 Grants and scholarships to college students 1140 Gwinnett County; police powers 998 Gwinnett County; taxing districts 1101 Hall County; business licenses 1032 Henry County; business licenses 1044 Henry County; tax on mobile homes and mobile home sites 1119 Homestead exemption for certain disabled veterans 996 Homestead exemptions 1049 Hospitals and nursing homes; exemption from ad valorem taxation 1035 Household furniture, etc., exempt from ad valorem taxation 990 Houston County; consolidation of tax functions 1151 Houston County; education of handicapped citizens 1042 Jackson County; West Jackson Fire District 1104 LaGrange-Troup School System 1004 Lee County; business licenses 1066 Marietta, City of; downtown development authority 1109 Marietta, City of; parking authority 1081 Newton County; police powers 1040

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Paulding County; fire protection districts 1057 Paulding County; police powers 1052 Paulding County; sewage districts 1055 Peach County Industrial Development Authority 992 Peanuts exempt from ad valorem taxation 983 Perry, City of; homestead exemptions 1149 Personal property owned by religious organizations 1051 Property exempt from ad valorem taxation 976 Retirement benefits under State created systems 1153 Richmond County; business licenses 1099 Richmond County; street light districts 1097 Smyrna, City of; downtown development authority 1117 Spalding County; salary recommendations by grand jury 1001 Thomaston-Upson County; consolidated board of tax assessors 1036 Ware County; sheriff's powers 1115 Ware County; tax commissioner 1123 CODE SECTIONS Chapter 9-4AmendedLaw School Legal Aid Agency Act 336 9-507; 9-508EnactedInspection of honey bee colonies, etc. 197 Chapter 13-2AmendedBranch banking 954 13-405AmendedBanks and banking 485 13-2021AmendedLoans on bank stock, etc. 583 20-504AmendedContracts against public policy 441 Title 22AmendedBusiness Corporation Code 605 24-2612AmendedSuperior Court judges travel expenses 203 26-2702AmendedGambling 690 24-2718AmendedSuperior Court clerks' fees 497 24-2727AmendedSuperior Court clerks' fees 497 24-2728RepealedSuperior Court clerks' fees 497 24-3406AmendedSuperior Court clerks' fees 497 Title 26AmendedMisdemeanors of high and aggravated nature 236 26-1705AmendedIllegal use of credit cards 529 26-2102EnactedDistribution of material depicting nudity, etc. 173 Title 27AmendedMisdemeanors of high and aggravated nature 236 27-101.127.101.2EnactedRewards 447 27-104, 27-105AmendedForms of affidavit of arrest and warrants 584 32-510AmendedState School Superintendent's salary 116 Title 34AmendedGeorgia Election Code 347 , 383 34-805AmendedSpecial Elections of members of General Assembly 88 Title 34AAmendedMunicipal Election Code 341 38-706.1EnactedMedical bills identification, etc. 225 40-2002AmendedState employees' mileage allowance 118 Title 46AmendedGarnishment 724

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47-102AmendedReapportionment of Senate 557 47-107AmendedGeneral Assembly expense allowances 647 Chapter 47-10AmendedLobbyists 695 49-701AmendedGuardian and ward 221 50-124AmendedSuperior Court clerks' fees 497 Chapter 56-8AmendedInsurance agents examinations 492 56-2004AmendedFarmers mutual fire insurance companies 165 56-3016AmendedMental illness insurance policies 526 56-3110AmendedMental illness insurance policies 526 Chapter 56-34EnactedInsurance Holding Company systems 257 57-101.1AmendedInterest on transactions involving real estate 174 59-101AmendedJury Commissioners in certain counties (3,600-4,500) 10 60-801AmendedSuperior court clerks' fees 497 Chapter 61-3AmendedLandlord and tenant 968 66-202RepealedApprenticeships 597 67-1307AmendedReconveyance under deeds to secure debts, etc. 176 68-404AmendedTires and wheels on public roads 628 68-502AmendedCarriers of poultry and processed poultry 224 71-105AmendedSuperior Court clerk's fees 497 Chapter 77-5AmendedMembers Pardons and Paroles Board 729 Title 79AAmendedNarcotics 470 79A306EnactedList of dangerous drugs 465 79A402AmendedPharmacists 215 79A9910AmendedDangerous drugs 461 79A9916EnactedPossession of LSD 462 81A-152AmendedFindings of facts by trial courts 170 84-401, 84-410.1AmendedBarbers 453 Chapter 84-12AmendedMedical practitioners 301 Chapter 84-12AmendedMedical practitioners 301 88-508.10EnactedMental health 540 88-1809AmendedHospital Authorities bonds 144 88-2302AmendedIndigent defined 649 Chapter 88-24AmendedInfectious hepatitis 737 88-2709AmendedDead bodies 589 91-104A-1EnactedState Properties Control Code 455 91-104A.2EnactedState Property 713 Chapter 91-4AEnactedState owned real property 672 91-508RepealedLobbyists 695 92-1403AmendedMotor fuel other than gasoline 20 92-1407AmendedMotor fuel other than gasoline 20 92-3107AmendedRetirement pay excluded from gross income 155 92-3108AmendedIncome tax definitions 638 92-3701.19EnactedAmbulance service 582 92-4611AmendedTax receivers' duties 641 92-5001AmendedInterest on past due taxes 446

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92-6201AmendedTax returns in certain counties based upon municipal population (400,000 or more) 639 92-6201AmendedTax returns in certain counties (250,000-500,000) 110 92-6202.1AmendedAd valorem taxes 278 92-6911AmendedBoards of tax assessors 580 92-6917AmendedRevision of tax assessments in certain counties (250,000-500,000) 22 Title 97AmendedSecurities 718 99-419EnactedNatural gas transmission lines 158 100-108AmendedState depositories 467 108-432AmendedCompensation of trustees 525 108-607AmendedSuperior court clerks' fees 497 109A-9-307AmendedCommission merchants 604 1113-1101AmendedFees of executors 523 113-1518AmendedInvestments by executors and administrators 230 114-101AmendedPlanning Commissions 196 114-101AmendedState Instrumentalities and authorities 235 114-410AmendedTwo permanent injuries 166 SUPREME COURT Justice Emeritus 179 , 182 Justices' salaries 19 Remittitur in death sentence cases 691 COURT OF APPEALS Judges Emeritus 179 , 182 Judges' salaries 19 SUPERIOR COURTS Additional Court reporters in certain counties (135,000-140,000) 167 Alapaha Circuit; court reporter's assistant 570 Assistant District Attorneys in multiple judge circuits 716 Atlanta Circuit; assistant district attorneys 650 Butts; law books 3474 Clayton Circuit; court reportsr salaries 148 Clerks' fees 497 Clerks fees in certain counties (140,000-150,000) 2938 Clerks' Retirement System Act amended 177 Cobb Circuit; assistant district attorney 111 , 255 Colquitt; terms 288 District Attorneys salary Act amended 12 Eastern Circuit; district attorney's salary 13 Franklin; terms 571 Gwinnett Circuit; court personnel 289

Page 1177

Investment of funds in registry of court 599 Judges Emeritus 204 , 249 Judges' travel expenses 203 Long; terms 251 Lowndes; terms 572 Madison; terms 572 Meriwether; law books 3473 Mountain Circuit; court reporters' compensation 332 Mountain Circuit; terms 476 Northeastern Circuit; court reporters' compensation 96 Ocmulgee Circuit; court reporters' salaries 120 Oconee Circuit; court reporter 292 Peach; law books 3466 Secretarial assistance for court reporters in certain counties (19,500-19,500) (28,100-28,800) 475 CITY COURTS Associate judges in certain counties (135,000-140,000) 2945 Athens; name changed to Civil and Criminal Court of Clarke County, etc. 3490 Athens; special investigator, salary 3089 Floyd; name changed to State Court of Floyd County 2623 Hinesville; judge, salary 2544 Hinesville; solicitor, salary, etc. 2539 Pembroke; traffic offenses 2957 Stephens; judge and solicitor, salaries 2668 Sylvester; name changed to Civil and Criminal Court of Worth County 3356 CIVIL AND CRIMINAL COURTS Clarke; name changed from City Court of Athens 3490 Clayton; court costs 3020 Clayton; judge and solicitor, salaries 2799 Decatur; salaries 3109 Solicitors salaries in certain counties (250,000-500,000) 2279 Worth; name changed from City Court of Sylvester, etc. 3356 CIVIL COURTS Fulton; practice and procedure 2446 MUNICIPAL COURTS Augusta; Act creating amended 3436 Columbus; deputy marshals 3436 Savannah; Act amended 2314 Savannah; judges' retirement 3233

Page 1178

JUVENILE COURTS Clarke; judge's salary 2978 Judges salaries in certain counties (20,600-21,100) 3342 Judges salaries in certain counties (250,000-500,000) 3305 STATE COURTS Bibb; clerk's bond, court costs 2577 Floyd; name changed from City Court of Floyd County 2623 Laurens; judge and solicitor, salaries 2473 Macon; judge and solicitor, salaries 2412 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Atkinson; assistant superior court court reporter 570 Baker; Clerk of Superior Court placed on salary 2521 Baker; county commissioners, composition 2524 Baker; ordinary placed on salary 3307 Baldwin; board of education, referendum 2951 Baldwin; ordinary's salary 2040 Baldwin; sheriff's salary 2036 Baldwin; superior court court reporters' salaries 120 Baldwin; tax collector and tax receiver, salaries 2038 Banks, board of county commissioners 3297 Barrow; school system, proposed amendment to the Constitution 1059 Barrow; sheriff's employees 2124 Ben Hill; board of education, proposed amendment to the Constitution 984 Ben Hill; Fitzgerald-Ben Hill County Development Authority, proposed amendment to the Constitution 1077 Berrien; assistant superior court court reporter 570 Berrien; sheriff, salary and expenses 3198 Berrien; tax commissioner, salary, etc. 3188 Bibb; commission on efficiency and economy in government in Macon and Bibb County 3482 Bleckley; Cochran-Bleckley School System, proposed amendment to the Constitution 1120 Bleckley; sheriff's salary Act amended 2714 Bleckley; superior court court reporter 292 Bleckley; tax collector's salary 2468 Brantley; deputy sheriffs 3024 Bulloch; board of education, referendum 2790 Bulloch; clerk of superior court, employees 2640 Bulloch; cost of feeding prisoners 3027 Bulloch; county commissioners, clerical assistance 2185 Bulloch; ordinary, assistants 3293

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Bulloch; tax commissioner, assistants 3290 Butts; deputy sheriffs, etc. 2861 Butts; law books to superior court 3474 Butts; ordinary's salary, etc. 2887 Butts; sheriff, contingent expenses 2663 Butts; tax collector, clerical assistance 2863 Butts; treasurer's salary 2885 Butts; use of fines, etc. to maintain courthouse 2859 Calhoun; sheriff's salary, etc., referndum 2361 Camden; historical commission 2724 Camden; tax commissioner, office created, referendum 3278 Carroll; vocational technical school system, proposed amendment to the Constitution 1046 Catoosa; tax commissioner, clerical allowance 2397 Charlton; board of education, referendum 3270 Charlton; county commissioners, meetings 2757 Charlton; county commissioners, referendum 3274 Charlton; Folkston-Charlton County Airport Authority Act 3253 Charlton; historical commission 2566 Chatham; Savannah and Chatham County; board of education 2076 Chattahoochee; sheriff's salary 2272 Chattooga; deputy sheriffs, etc. 2213 Cherokee; Act placing named officers on salaries amended 2145 Cherokee; county commissioner, compensation 2143 Clarke; board of health Act amended 2990 Clarke; coroner's salary 2980 Clarke; county commissioners, compensation 2982 Clarke; homestead exemption for school taxes, proposed amendment to the Constitution 1147 Clarke; juvenile court judge's salary 2978 Clarke; magistrate's court, office hours 3343 Clarke; school tax, referendum 2985 Clarke; sheriff's salary 2984 Clarke; treasurer's salary 2988 Clayton; civil service Act amended 2620 Clayton; clerk of superior court and sheriff, salaries 2797 Clayton; coroner's salary 2804 Clayton; street light districts 2277 Clayton; superior court court reporter's salaries 148 Clayton; tax commissioner, salary, etc. 3395 Clayton; vehicles, removal from streets, etc. 2802 Clinch; assistant superior court court reporter 570 Clinch; board of education, proposed amendment to the Constitution 1111 Clinch; ordinary placed on salary 2875 Clinch; tax commissioner, proposed amendment to the Constitution 1114 Cobb; assistant district attorneys 111 , 255 Coffee; board of education, referendum 2441 Colquitt; board of education; referendum 2582 Colquitt; commissioner districts, etc., referendum 2579

Page 1180

Colquitt; superior court terms 288 Colquitt; tax commissioner's salary 2485 Cook; assistant superior court court reporter 570 Coweta; indebtedness for water and sewerage purposes, proposed amendment to the Constitution 993 Crawford; clerk of superior court, salary, etc. 3037 Crawford; county commissioners, salaries 3033 Crawford; ordinary's salary 2673 Crawford; sheriff, salary, etc. 3034 Crawford; tax commissioner placed on salary 3390 Crawford; treasurer's salary 2671 Crisp; tax on motion pictures 3501 Dade county commissioners, compensation, etc. 2042 Dade; ordinary's salary 2121 Dawson; automobile for use of sheriff 2306 Dawson; superior court court reporters' compensation 96 Decatur; sheriff, salary Act amended 2593 DeKalb; additional county commissioners 3184 DeKalb; chief of police placed under merit system 3499 DeKalb; city-county, proposed amendment to the Constitution 1068 DeKalb; City of Atlanta water mains 2970 DeKalb; community relations commission 3097 DeKalb; retirement system study commission 2901 Dodge; superior court court reporter 292 Dooly; deputy sheriff, salary 3048 Dougherty; board of elections, proposed amendment to the Constitution 1127 Dougherty; Dougherty CountyCity of Albany, board of registrars, proposed amendment to the Constitution 1126 Early; sheriff's compensation, etc. 2308 Echols; sheriff's salary 2209 Elbert; office of treasurer abolished, referendum 2321 Emanuel; board of education, referendum 2153 Emanuel; ordinary placed on salary 2013 Emanuel; school superintendent, referendum 2150 Fannin; county depository, compensation 2631 Fayette; board of education, proposed amendment to the Constitution 979 Fayette; salary recommendations by grand jury, proposed amendment to the Constitution 1002 Fayette; school superintendent, proposed amendment to the Constitution 977 Franklin; cost of feeding prisoners 2559 Franklin; county commission and advisory board 2555 Franklin; superior court terms 571 Fulton; assistant district attorneys 650 Fulton; employees, residence requirements 3283 Fulton County; land conveyance authorized 751 Fulton; record keeping study, etc. 2941 Fulton; tax on automobiles, proposed amendment to the Constitution 1138

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Glascock; small claims court 2198 Glynn; public improvement authority; proposed amendment to the Constitution 1012 Glynn; taxation for water and sewer purposes, proposed amendment to the Constitution 1010 Gordon; board of education, referendum 2657 Gordon; budget, county commissioner's salary, etc. 2431 Gordon; clerk of superior court and ordinary, salaries 2420 Gordon; sheriff, salary, etc. 2422 Grady; county depositories 3077 Greene; superior court court reporters' salaries 120 Gwinnett; law books to district attorney 3455 Gwinnett; police powers, proposed amendment to to the Constitution 998 Gwinnett; superior court personnel 289 Gwinnett; taxing districts, proposed amendment to the Constitution 1101 Gwinnett; water and sewerage authority Act 2827 Habersham; superior court court reporter 332 Habersham; superior court terms 476 Hall; business licenses, proposed amendment to the Constitution 1032 Hall; fiscal year, audits 2624 Hall; superior court court reporters' compensation 96 Haralson; deputy sheriffs, salaries 2270 Haralson; tax commissioner's clerical assistant, salary 2229 Henry; business licenses, proposed amendment to the Constitution 1044 Henry; commissioner districts, etc. 2665 Henry; tax on mobile homes and mobile home sites, proposed amendment to the Constitution 1119 Houston; board of county commissioners 2962 Houston; board of education, referendum 2965 Houston; consolidation of tax functions; proposed amendment to the Constitution 1151 Houston; county commissioners, compensation 3236 Houston; education of handicapped citizens, proposed amendment to the Constitution 1042 Irwin; county commissioners, clerk 2534 Jackson; West Jackson Fire District, proposed amendment to the Constitution 1104 Jasper; superior court court reporter's salaries 120 Johnson; deputy sheriff, salary 2528 Jones; superior court court reporters' salaries 120 Lanier; assistant superior court court reporter 570 Lanier; board of education, referendum 2709 Lanier; ordinary placed on salary 3316 Lee; business licenses, proposed amendment to the Constitution 1066 Lee; deputy clerk of superior court 2031 Lee; deputy sheriff, salary 2024

Page 1182

Liberty; clerk of superior court, salary, etc. 2537 Liberty; coroner placed on salary 2542 Liberty; ordinary, salary Act amended 2546 Liberty; sheriff, deputies, etc., salaries 2215 Liberty; tax commissioner, salary, etc. 2548 Long; superior court terms 251 Lowndes; sheriff's employees 3239 Lowndes; superior court terms 572 Lowndes; utilities authority Act 3112 Lumpkin; superior court court reporters' compensation 96 McDuffie; county commissioners, salaries 2181 McDuffie; salaries of named officials 2176 McDuffie; small claims court 2187 McIntosh; sheriff and clerk of superior court, salary Act amended 2427 Macon; clerk of superior courts' salary 2408 Macon; coroner's salary 2404 Macon; ordinary's salary 2410 Macon; sheriff's salary 2402 Macon; tax collector's salary 2415 Macon; tax receiver's salary 2406 Madison; board of commissioners 3287 Madison; deputy sheriffs, etc. 2572 Madison; superior court terms 572 Marion; clerk of superior court placed on salary 2597 Marion; sheriff, deputy, salaries 2217 Marion; tax commissioner's salary 2220 Meriwether; county commissioners, elections 2842 Meriwether; law books to superior court 3473 Miller; board of education, salaries 2726 Mitchell; board of education, referendum 2239 Mitchell; school superintendent, referendum 2632 Monroe; board of education, referendum 3030 Montgomery; clerk of county commissioners, assistant to tax commissioner, salaries 2173 Montgomery; superior court court reporter 292 Morgan; superior court court reporters' salaries 120 Murray; Act placing named officers on salaries amended 2162 Murray; county commissioner, compensation 2159 Muscogee; Columbus and Muscogee County Building Commission, named changed 2401 Muscogee; pension fund Act amended 2318 Newton; clerk of superior court, budget 2357 Newton; coroner placed on salary 2354 Newton; ordinary, budget 2352 Newton; police powers, proposed amendment to the Constitution 1040 Newton; sheriff, budget 2359 Newton; tax commissioner, budget 2355 Newton; water and sewerage authority Act 2449

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Paulding; clerk of superior court, sheriff and ordinary, salaries 3086 Paulding; county commissioner, salary 3084 Paulding; fire protection districts, proposed amendment to the Constitution 1057 Paulding; police powers, proposed amendment to the Constitution 1052 Paulding; sewage districts, proposed amendment to the Constitution 1055 Paulding; tax commissioner, salary 3081 Paulding; water authority Act amended 3301 Peach; board of education, referendum 2647 Peach; industrial development authority, proposed amendment to the Constitution 992 Peach; law books 3464 Pike; tax commissioner, deputy, salary 3354 Pike; tax commissioner's salary 2795 Polk; county commissioners, expense allowance 3107 Pulaski; clerk of superior court, clerical assistant 2883 Pulaski; fire protection district, referendum 2880 Pulaski; superior court court reporter 292 Pulaski; tax commissioner's deputy 2878 Putnam; superior court court reporters' salaries 120 Rabun; superior court court reporter 332 Rabun; superior court terms 476 Rabun; ordinary placed on salary 2274 Richmond; animal control 3327 Richmond; Augusta-Richmond County Transportation Act 3208 Richmond; business licenses, proposed amendment to the Constitution 1099 Richmond; recreational program 3325 Richmond; street light districts, proposed amendment to the Constitution 1097 Rockdale; coroner's salary 2717 Schley; clerk of superior court, salary 2009 Schley; ordinary placed on salary 2010 Screven; deputy sheriffs, etc. 3102 Seminole; clerk of superior court, salary 3007 Spalding; fire protection districts 3227 Spalding; salary recommendations by grand jury, proposed amendment to the Constitution 1001 Stephens; board of commissioners, terms 2015 Stephens; board of education; referendum 2436 Stephens; clerk of superior court placed on salary 2891 Stephens; county commissioners, clerk 3434 Stephens; county commissioners, referendum 2643 Stephens; ordinary placed on salary 2893 Stephens; sheriff's salary Act amended 2889 Stephens; superior court court reporter 332 Stephens; superior court terms 476 Stephens; tax commissioner, salary, etc. 2417

Page 1184

Tattnall; compensation for habeas corpus cases 842 Telfair; superior court court reporter 292 Terrell; sheriff placed on salary 2026 Thomas; board of county commissioners, referendum 3369 Thomas; sheriff salary 2560 Towns; industrial development authority 2588 Towns; superior court court reporter 332 Towns; superior court terms 476 Treutlen; sheriff, salary, etc. 2424 Troup; county commissioners, terms and compensation 2073 Troup; LaGrange-Troup School System, proposed amendment to the Constitution 1004 Union; industrial development authority 2635 Union; ordinary placed on salary 2182 Union; superior court court reporter 332 Union; superior court terms 476 Upson; consolidated board of tax assessors with City of Thomaston, proposed amendment to the Constitution 1036 Upson; county commissioners, powers 2854 Upson; county commissioners, salaries 2844 Upson; deputy sheriff's, salaries 2851 Upson; joint board of tax assessors with City of Thomaston 2487 Walker; clerk of superior courts, employees salaries 2003 Walker; county commissioner's salary 2047 Walker; ordinary, employees salaries 2007 Walker; sheriff's salary 2045 Walker; tax commissioners employees salaries 2005 Walton; coroner's salary 2478 Walton; county commissioners, elections 2475 Ware; county commissioners, salaries 2224 Ware; sheriff's powers, proposed amendment to the Constitution 1115 Ware; tax commissioner, proposed amendment to the Constitution 1123 Washington; board of education, referendum 3104 Washington; deputy sheriffs, etc. 3348 Washington; tax commissioner, employees salaries 2049 Wayne; hospital authority, members, referendum 3251 Webster; commissioner's clerk, salary 3119 Wheeler; superior court court reporter 292 White; county commissioners 2993 White; superior court court reporters' compensation 96 Wilkes; small claims court Act amended 2954 Wilkinson; small claims court 3008 Wilkinson; superior court court reporters, salaries 120 Worth; clerk of superior court and sheriff, fees 3358 Worth; clerk of superior court, salary 3400 Worth; justice of the peace 3358 Worth; ordinary's salary 3402 Worth; sheriff's salary, etc. 2280 Worth; tax commissioner, salary 3360

Page 1185

COUNTIES AND COUNTY MATTERSBY POPULATION 3,600-4,500Jury commissioners 10 7,500-7,900Small claims court 3423 8,905-8,920Small claims courts created 2296 8,920-9,970Clerks of governing authorities 3353 9,175-9,225Insolvent costs 2943 12,000-12,150Tax commissioners, powers 2949 13,300-13,600Electrical contractors 2285 16,500-16,700Tax commissioner's powers 2051 16,685-16,820Corporate limits of certain municipalities (4,440-4,470) 3295 17,500-17,750Excise taxes 3497 19,000-19,500Secretarial assistance for court reporters 475 20,500-20,900Education laws amended 3377 20,600-21,100Juvenile court judges' salaries 3342 28,100-28,800Secretarial assistance for court reporters 475 32,500-34,050Law libraries authorized 2482 34,100-34,300Urban redevelopment law 722 46,500-48,500Tax commissioners, powers 2939 47,500-49,500Coroners and sheriff's compensation 2939 50,000-75,000Costs in divorce cases 3206 70,000-110,000Law libraries authorized 3367 115,000-140,000Coroners, assistants 3289 135,000-140,000Additional superior court court reporters 167 135,000-140,000Associate judges of city courts 2945 135,000-140,000Budgets 3318 135,000-140,000Sheriffs' employees 3351 135,000-140,000Tax commissioners, tax collectors, fees 3350 155,000-185,000Boards of elections 2896 250,000-500,000Juvenile court judges salaries 3305 250,000-500,000Revision of tax assessments 22 250,000-500,000Salaries of solicitors of civil and criminal courts 2279 250,000-500,000Tax returns 110 256,000 or moreMaximum width of buses 2292 300,000 or moreCommissioners on school taxes 2175 500,000 or moreBoards of registration and elections 3405 500,000 or moreCompensation of ordinaries 2063 500,000 or moreSheriff's salaries 2049 COUNTIES AND COUNTY MATTERSBASED UPON POPULATION OF MUNICIPALITIES 400,00 or moreTax returns 639

Page 1186

COUNTIES AND COUNTY MATTERSHOME RULE ACTIONS DeKalb; county purchasing 3505 DeKalb; fiscal year, audits 3510 DeKalb; merit system council 3518 MUNICIPAL CORPORATIONSNAMED CITIES Acworth; charter amended 2683 Adel; city manager 2332 Albany; Central Albany Development Authority, proposed amendment to the Constitution 1074 Albany; charter amended 2575 Albany; corporate limits 3332 Albany; Dougherty CountyCity of Albany, board of registrars, proposed amendment to the Constitution 1126 Alpharetta; charter amended 2345 Arnoldsville; corporate limits 3285 Ashburn; corporate limits 2675 Athens; lease of land 746 Atlanta; corporate limits 2166 Atlanta; elections 3004 Atlanta; water mains in DeKalb county 2970 Augusta; Augusta-Richmond County Transportaton Act 3208 Augusta; historic zones, proposed amendment to the Constitution 1078 Augusta; taxing districts, proposed amendment to the Constitution 1133 Austell; charter amended 3310 Baconton; elections 2968 Blackshear; charter amended 2728 Blakely; charter amended 2311 , 3224 Bowdon; corporate limits, referendum 3362 Brunswick; ad valorem taxation 3003 Cairo; development authority bonds, proposed amendment to the Constitution 1106 Canton; easement 416 Chatsworth; new charter, referendum 2365 Cochran; Cochran-Bleckley School System, proposed amendment to the Constitution 1120 Columbus; Columbus and Muscogee County Building Commission, name charged 2401 Commerce; board of education; referendum 3414 Commerce, city officers 3412 Commerce; elections 3411 Commerce; elections, etc., referendum 3407 Commerce; recorder's court 3418 Conyers; homestead exemption, proposed amendment to the Constitution 1047

Page 1187

Conyers; mayor and aldermen 2719 Cordele; taxation on motion pictures 3398 Cornelia; fire protection outside city, referendum 3091 Cornelia; mayor and commissioners, terms, referendum 3094 Danielsville; salaries 2470 Dawson; new charter 3121 Decatur; corporate limits 3329 Doraville; corporate limits 2865 Douglas; mayor and commissioners, compensation 2171 East Point; corporate limits 2167 Eatonton; charter amended 2945 Edison; elections, etc. 2530 Elberta; charter repealed 3393 Fayetteville; new charter 2243 Fitzgerald; charter amended 3241 Fitzgerald; Fitzgerald-Ben Hill County Development Authority, proposed amendment to the Constitution 1077 Flovilla; new charter 2735 Folkston; authority to close, etc. described streets and alleys 2568 Folkston; Folkston-Charlton County Airport Authority Act 3253 Folkston; official depositories 2570 Georgetown; name changed to City of Georgetown 2312 Glennville; corporate limits, referendum 2033 Greensboro; recorder 3100 Griffin; board of commissioners, referendum 2651 Grovetown; charter amended 2226 Hazlehurst; charter amended 2677 Helen; corporate limits 2960 Hinesville; corporate limits, referendum 2053 Jesup; charter amended 2062 Jesup; city attorney 2526 Jesup; corporate limits, referendum 2067 Kennesaw; charter amended 3042 LaGrange; corporate limits 2337 LaGrange; LaGrange-Troup School System, proposed amendment to the Constitution 1004 Lawrenceville; charter amended 3202 Loganville; mayor's salary 2480 Lookout Mountain; charter amended 2550 Lyons, mayor's veto 2722 Macon; commission on efficiency and economy in government in Macon and Bibb County 3482 Macon; name of recorder's court 3452 Macon; water commissioners retirement system 2324 Marietta; board of education employees, insurance 2681 Marietta; corporate limits 2974 Marietta; downtown development authority, proposed amendment to the Constitution 1109 Marietta; parking authority, proposed amendment to the Constitution 1081 Marshallville; new charter 2692

Page 1188

Maysville; mayor and aldermen, terms, referendum 3000 Milledgeville; easement 133 Milledgeville; trustees of Georgia Military College 2237 Moultrie; corporate limits 2586 Mt. Airy; charter amended 3493 Nicholls; elections 2553 Ocilla; ordinances 2532 Pavo; councilmen, salaries 2433 Peachtree City; charter amended 2286 Perry; charter amended 2341 Perry; homestead exemptions, proposed amendment to the Constitution 1149 Perry; mayor and councilmen, salaries 2021 Pitts; new charter 2806 Powder Springs; new charter 2760 Quitman; elections 2655 Richmond Hill; charter amended, referendum 3191 Ringgold; mayor's court 2399 Riverdale; charter amended 2611 Rome; elections 2563 Rome; recorder's court, name changed 2786 Santa Claus; name, elections 2733 Savannah; Savannah and Chatham County, board of education 2076 Savannah Beach, Tybee Island; new charter, referendum 2080 Smyrna; corporate limits 2599 Smyrna; downtown development authority, proposed amendment to the Constitution 1117 Social Circle; corporate limits, referendum 2292 Summerville; recorder's court, appeals 2211 Temple; corporate limits, referendum 2856 Thomaston; ad valorem taxation 2847 Thomaston; consolidated board of tax assessors with Upson County, proposed amendment to the Constitution 1036 Thomaston; corporate limits 2502 Thomaston; joint board of tax assessors with Upson County 2487 Thomaston; taxation 2496 Thunderbolt; filing of vacancies, referendum 2018 Tifton; charter amended 2058 Toccoa; corporate limits 2506 Valdosta; corporate limits, tax returns 3050 Warner Robins; charter amended 2627 Waycross; mayor and commissioners, salaries 2222 West Point; authority to convey described property 2329 West Point; corporate limits, referendum 3476 Whitesburg; charter amended 3345 Woodbury; corporate limits, referendum 3039 Young Harris; elections 2972

Page 1189

MUNICIPAL CORPORATIONSBY POPULATION 4,440-4,470Corporate limits in certain counties (16,685-16,820) 3295 150,000 or morePensions for firemen 2351 150,000 or morePensions for members of police departments 2348 150,000 or morePensions for officers and employees 2349 300,000 or moreAbatement of nuisances 3475 400,000 or moreAstrology, practice of 3306 400,000 or moreSelf insurance 3208 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; board of trustees of group insurance 3524 Atlanta; community relations commission 3528 Atlanta; military leave 3532 Atlanta; solicitor of municipal court 3540 Atlanta; traffic court 3546 Columbus; board of public safety 3548 Gainesville; municipal court 3553 Gainesville; employees' retirement system 3559 Gainesville; sanitary sewer lines 3561 Savannah; employees' pension system 3567 Thomasville; water and light general reserve fund 3571 Waycross; tax returns 3578 RESOLUTIONS AUTHORIZING COMPENSATION Akins, Henry 2933 Akins, Levi E. 3472 Ayles, Robert 2911 Ayles, Miss Robbin 2911 Benbenisty, Morris 2909 Cagle, A. M. 2912 Carter, Mrs. Mary E. 3459 Cash, George Frank 3460 Collins, Walter A. 2932 Corley, D. R. 2925 Fields, James W. 3466 Flanders, Frank 2905 Garner, Boyd 2910 Gerald, Rev. Inman 3469 Gledhill, Dell D. 2917 Grady County Electric Membership Corporation 2908 Gray, Mrs. Sam 2926 Greene, Wilmot McRae, Jr. 3461 Hall, Jimmy W. 3457 Harrison, Mrs. Annette 2918 Hartman, E. H., Sr. 2924 Heath, John W. 3471

Page 1190

Hodges, Mrs. A. O. 2923 Hogan, Joe B. 2915 Holloway, Willis 2906 Honeycutt, Aubrey M. 2914 Hosey, James Hoyt 2903 Johnston, Bob 2935 Kee, James Elliott 2903 Kitchen, Everett F. 2930 Ledford, James R. 2929 Lee, Robert H. 2913 Linder, Willie 2911 Merritt, John B. 3463 Moore, John H. 2925 Nations, V. S. 2928 Ogburn, B. F. 3469 Owens, Mrs. Martha C. 2934 Phillips, T. L. 2927 Presley, Warren A. 2936 Pullen, Bill 2931 Rahn, Joe Allen, Jr. 2917 Rucker, Willie James 2919 Salmon, Clarence 2904 Sisk, V. E. 3467 Smith, Dr. James W. 3458 Story, Mrs. Fan Young 2920 Story, Frank K., Jr. 2920 Strain, Charles J. 2123 Tattnall County 842 Vonier, William C. 3468 West, James 3465 Whitaker, Mrs. Hazel Thomas 3470 Wood, Hubert R. 2916 Word, Dr. J. J. 3456 Worsham, Mrs. Juanita W. 2922 You, Hubert 2930 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Air rights of Atlanta Union Station 752 , 850 Canton, City of, easement 416 City of Athens, lease authorized 746 Georgia Military College 141 Harris, Mr. Lamar 421 Liberty Independent Troop Corporation 406 Milledgeville, City of, easement 133 Peachtree-Whitehall, Inc., lease amended 408 Right of ways in Fulton County 751 State Game and Fish Commission 952 Taylor Chapel Congregation; exchange of land 422 U. S. Department of Agriculture 409

Page 1191

MISCELLANEOUS RESOLUTIONS Architectural and Engineering firms doing business with State 420 Central Printing Agency Study Committee 424 Chattahoochee Trail designated 425 Compensatory time off for State patrolmen 849 Consolidated Retirement System Study Committee 838 Criminal Law Study Committee 137 Delinquent Offender and Juvenile Court Law Study Committee 847 District Attorneys Association of Georgia designated to receive funds 938 Fernbank Science Center Commission 747 Georgia Motor Transport Study Committee 279 Governor's Award for Heroism Commission 743 Governor's Traffic Safety Study Committee 845 Joint Highway Laws Interim Study Committee 139 Joint HouseSenate Transportation Study Committee 749 Joint Teachers Certification and Classification Study Committee 837 Law books to Butts County Superior Court 3474 Law books to Gwinnett County district attorney 3455 Law books to Meriwether County Superior Court 3473 Law books to Peach County Superior Court 3464 National Housing Goal Affirmed, etc. 843 North Fulton Choir designated official State choir 742 Payment of members of Constitution Revision Commission 937 Ratification of nineteenth amendment to the Constitution of the United States 951 Relief for livestock sales establishments urged 402 State bird and State Game bird named 418 State Fish designated 846 South Fulton Single Municipality Study Committee 2169 Suspension of ad valorem tax penalties and interest on motor vehicles ratified 391 Suspension of sales and use tax on Holy Bibles and Testaments ratified 388 Suspension of sales and use tax on sales of certain tangible property ratified 400 Suspension of sales and use tax on sales of food to certain schools ratified 397 Suspension of sales and use tax on standing timber, etc., ratified 398 Suspension of sales and use tax on transit system fares ratified 394 Suspension of sales and use tax on transit systems ratified 385 Uniform Consumer Credit Code Study Committee continued 744

Page 1192

INDEX A ACCIDENTS Removal of debris from highways 445 ACWORTH, CITY OF Charter amended 2683 ADEL, CITY OF City manager 2332 AD VALOREM TAXATION Homestead exemptions for certain disabled veterans, proposed amendment to the Constitution 996 Homestead exemptions, proposed amendment to the Constitution 1049 Hospitals and nursing homes, proposed amendment to the Constitution 1035 Household furniture, proposed amendment to the Constitution 990 Inventories, proposed amendment to the Constitution 1142 Peanuts exempt, proposed amendment to the Constitution 983 Property exempt, proposed amendment to the Constitution 976 Religious organizations, proposed amendment to the Constitution 1051 AGRICULTURE Bonds of livestock dealers 530 Commodities Promotion Act amended 86 Georgia Plant Food Act of 1970 609 Inspection of honey bee colonies, etc. 197 Licensing of poultry processing plants 186 Relief for livestock sales establishments urged 402 Salary of Commissioner of Agriculture 119 Sale of farm tractors regulated 242 Sale of flue cured tobacco 4 Tobacco Advisory Board 6 AGRIRAMA, GEORGIA Created, etc. 568 AIR RIGHTS, ATLANTA UNION STATION Lease accepted 752 , 850

Page 1193

AKINS, HENRY Compensation for damages 2933 AKINS, LEVI E. Compensation for damages 3472 ALBANY, CITY OF Central Albany Development Authority, proposed amendment to the Constitution 1074 Charter amended 2575 Corporate limits 3332 Dougherty CountyCity of Albany, board of registrars, proposed amendment to the Constitution 1126 ALPHARETTA, CITY OF Charter amended 2345 ALTAMAHA RIVER BASIN COMMISSION Created 632 AMATEUR RADIO STATIONS Motor vehicle license plates for operators 699 AMBULANCE SERVICE County taxation to provide emergency ambulance service 582 APPRENTICESHIPS Code 66-202 repealed 597 APPROPRIATIONS General Appropriations Act amended 32 ARCHIVES AND HISTORY Department open on Saturday 554 Record keeping study for Fulton County 2941 ARCHITECTURAL FIRMS Contracts with State 420 AREA PLANNING AND DEVELOPMENT COMMISSIONS Powers 193

Page 1194

ARNOLDSVILLE, CITY OF Corporate limits 3285 ARRESTS WARRANTS, ETC. Forms 584 ASHBURN, CITY OF Corporate limits 2675 ASTROLOGY Practice in certain counties (400,000 or more) 3306 ATHENS, CITY COURT OF Named changed to Civil and Criminal Court of Clarke County, etc. 3490 Special investigator, salary 3089 ATHENS, CITY OF Lease of land authorized 746 ATHLETIC CONTESTS Sale of tickets 172 ATKINSON COUNTY Assistant superior court court reporter 570 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. Corporate limits 2166 Elections 3004 Water mamins in DeKalb County 2970 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys 650 ATTORNEY GENERAL Salary 15 ATTORNEY'S FEES Refusal to answer interrogatories 157

Page 1195

AUDITOR, STATE Equalized adjusted school property tax digest 542 Salary, etc. 119 AUGUSTA, CITY OF Augusta-Richmond County Transportation Act 3208 Historic Zones, proposed amendment to the Constitution 1078 Taxing districts, proposed amendment to the Constitution 1133 AUGUSTA, MUNICIPAL COURT OF Act creating, amended 3436 AUSTELL, CITY OF Charter amended 3310 AUTHORITIES Workmen's compensation 235 AUTOMOBILE MILEAGE ALLOWANCE State employees, etc. 118 AYLES, MISS ROBBIN Compensation for damages 2911 AYLES, ROBERT Compensation for damages 2911 B BACONTON, CITY OF Elections 2968 BAINBRIDGE STATE HOSPITAL Name changed from Southwestern State Hospital in Bainbridge 553 BAKER COUNTY Clerk of superior court placed on salary 2521 County commissioners, compensation 2524 Ordinary placed on salary 3307

Page 1196

BALDWIN COUNTY Board of education; referendum 2951 Ordinary's salary 2040 Sheriff's salary 2036 Superior court court reporters' salaries 120 Tax collector and tax receiver, salaries 2038 BANKS AND BANKING Branch banking, etc. 954 Fees for examination 485 Loans on bank stock, etc. 583 BANKS COUNTY Board of county commissioners 3297 BARBERS, STATE BOARD OF Act amended 453 BARROW COUNTY School system, proposal amendment to the Constitution 1059 Sheriff's employees 2124 BASS, LARGEMOUTH Official State fish 846 BEES, HONEY Inspection of colonies, etc. 197 BENBENISTY, MORRIS Compensation for damages 2909 BEN HILL COUNTY Board of education, proposed amendment to the Constitution 984 Fitzgerald-Ben Hill County Development Authority, proposed amendment to the Constitution 1077 BERRIEN COUNTY Assistant superior court court reporter 570 Sheriff, salary and expenses 3198 Tax commissioner, salary, etc. 3188

Page 1197

BIBB COUNTY Commission on efficiency and economy in government in Macon and Bibb County 3482 BIBB COUNTY, STATE COURT OF Clerk's bond, court costs 2577 BIRDS, STATE State bird and State game bird named 418 BLACKSHEAR, CITY OF Charter amended 2728 BLAKELY, CITY OF Charter amended 2311 , 3224 BLECKLEY COUNTY Cochran-Bleckley School System, proposed amendment to the Constitution 1120 Sheriff's salary Act amended 2714 Superior court court reporter 292 Tax collector's salary 2468 BLIND, GEORGIA FACTORY FOR Surplus funds 557 BLOOD Donations by persons eighteen years of age, etc. 150 BOB WHITE QUAIL State game bird 418 BONDS Georgia Building Authority (Hospital) 159 Georgia Building Authority (Penal) 552 Hospital Authorities bonds 144 Housing Authorities Law amended 113 Maximum interest rate under Revenue Bond Law 23 Urban Redevelopment Law amended 115 BONDS, FIDUCIARY Reduction by ordinaries 164

Page 1198

BOWDON, TOWN OF Corporate limits, referendum 3362 BRANCH BANKING Authorized, etc. 954 BRANTLEY COUNTY Deputy sheriffs 3024 BROWN THRASHER State bird 418 BRUNSWICK, CITY OF Ad valorem taxation 3003 BUDGETS Procedure, etc. in certain counties (135,000-140,000) 3318 BUILDING ADMINISTRATIVE BOARD ACT Amended 734 BULLOCH COUNTY Board of education, referendum 2790 Clerk of superior court, employees 2640 Cost of feeding prisoners 3027 County commissioners, clerical assistance 2185 Ordinary, clerical assistants 3293 Tax commissioner, assistants 3290 BUREAU OF STATE PLANNING AND COMMUNITY AFFAIRS Created, etc. 321 BUSES Maximum width in certain counties (256,000 or more) 2295 BUSINESS CORPORATION CODE Amended 605

Page 1199

BUTTS COUNTY Deputy sheriffs, etc. 2861 Law books to superior court 3474 Ordinary's salary, etc. 2887 Sheriff, contingent expenses 2663 Tax collector, clerical assistance 2863 Treasurer's salary 2885 Use of fines, etc., to maintain courthouse 2859 C CAGLE, A. M. Compensation for damages 2912 CAIRO, CITY OF Development authority bonds, proposed amendment to the Constitution 1106 CALHOUN COUNTY Sheriff's salary, etc., referendum 2361 CAMDEN COUNTY Historical Commission 2724 Tax commissioner, office created, referendum 3278 CANTON, CITY OF Easement 416 CARROLL COUNTY Vocational technical school system, proposed amendment to the Constitution 1046 CARTER, MRS. MARY E. Compensation for damages 3459 CASH, GEORGE FRANK Compensation for damages 3460 CATOOSA COUNTY Tax commissioner, clerical allowance 2397

Page 1200

CEMETERIES Act providing for registration amended 472 CENTRAL PRINTING AGENCY STUDY COMMITTEE Created 424 CHARLTON COUNTY Board of education, referendum 3270 County commissioners, meetings 2757 County commissioners, referendum 3274 Folkston-Charlton County Airport Authority Act 3253 Historical Commission 2566 CHATHAM COUNTY Savannah and Chatham County, board of education 2076 CHATSWORTH, CITY OF New charter, referendum 2365 CHATTAHOOCHEE COUNTY Sheriff's salary 2272 CHATTAHOOCHEE TRAIL Designated 425 CHATTOOGA COUNTY Deputy sheriffs, etc. 2213 CHEROKEE COUNTY Act placing named officers on salaries amended 2145 County commissioner, compensation 2143 CHILDREN Apprenticeships, Code 66-202 repealed 597 CHILDREN AND YOUTH ACT Private day care centers 720 CITY CENTER, INC. Lease of air rights accepted 752 850

Page 1201

CITY COURT OF ATHENS Name changed to Civil and Criminal Court of Clarke County, etc. 3490 Special investigator, salary 3089 CITY COURT OF FLOYD COUNTY Named changed to State Court of Floyd County 2623 CITY COURT OF HINESVILLE Judge's salary 2544 Solicitor's salary, etc. 2539 CITY COURT OF PEMBROKE Traffic offenses 2957 CITY COURT OF STEPHENS COUNTY Judge and solicitor, salaries 2668 CITY COURT OF SYLVESTER Name changed to Civil and Criminal Court of Worth County, etc. 3356 CITY COURTS Associate judges in certain counties (135,000-140,000) 2945 CIVIL AND CRIMINAL COURT OF CLARKE COUNTY Name changed from City Court of Athens, etc. 3490 CIVIL AND CRIMINAL COURT OF CLAYTON COUNTY Court costs 3020 Judge and solicitor, salaries 2799 CIVIL AND CRIMINAL COURT OF DECATUR COUNTY Salaries 3109 CIVIL AND CRIMINAL COURT OF WORTH COUNTY Name changed from City Court of Sylvester, etc. 3356 CIVIL COURT OF FULTON COUNTY Practice and procedure 2446

Page 1202

CLARKE, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Athens 3490 CLARKE COUNTY Board of health Act amended 2990 County commissioners, compensation 2982 Coroner's salary 2980 Homestead exemption for school taxes, proposed amendment to the Constitution 1147 Juvenile court, judge's salary 2978 Magistrate's court, office hours 3343 School tax, referendum 2985 Sheriff's salary 2984 Treasurer's salary 2988 CLAYTON COUNTY, CIVIL AND CRIMINAL COURT OF Court costs 3020 Judge and solicitor, salaries 2799 CLAYTON COUNTY Civil service Act amended 2620 Clerk of superior court and sheriff, salaries 2797 Coroner's salary 2804 Street light districts 2277 Tax commissioner, salary, etc. 3395 Vehicles, removal from streets, etc. 2802 CLAYTON JUDICIAL CIRCUIT Court reporters' salaries 148 CLERKS OF SUPERIOR COURTS Costs in divorce cases in certain counties (50,000-75,000) 3206 Retirement System Act amended 177 CLINCH COUNTY Assistant superior court court reporter 570 Board of education, proposed amendment to the Constitution 1111 Ordinary placed on salary 2875 Tax commissioner, proposed amendment to the Constitution 1114 CLINICAL LABORATORIES Licensing, etc. 531

Page 1203

COASTAL MARSHLANDS PROTECTION ACT OF 1970 Enacted 939 COBB COUNTY Assistant district attorney 111 COBB JUDICIAL CIRCUIT Assistant district attorneys 111 255 COCHRAN, CITY OF Cochran-Bleckley School System, proposed amendment to the Constitution 1120 COFFEE COUNTY Board of education; referendum 2441 COLISEUM South Fulton Coliseum Authority created 2126 COLLINS, WALTER A. Compensation for damages 2932 COLQUITT COUNTY Board of education; referendum 2582 Commissioner districts, etc., referendum 2579 Superior court terms 288 Tax commissioner's salary 2485 COLUMBUS, CITY OF See tabular indexMunicipalitiesHome Rule Amendments. COLUMBUS AND MUSCOGEE COUNTY BUILDING COMMISSION Name changed 2401 COLUMBUS, MUNICIPAL COURT OF Deputy marshals 2340 COMMERCE, CITY OF Board of education, referendum 3414 City officers 3412 Elections 3411 Election's etc., referendum 3407 Recorder's court 3418

Page 1204

COMMISSIONER OF AGRICULTURE Salary 119 COMMON CARRIERS Radio Common Carrier Act 104 COMMON TRUST FUNDS Act authorizing amended 489 522 COMMUNITY AFFAIRS Bureau of State Planning and Community Affairs 321 COMPTROLLER GENERAL 1912 Act requiring reports repealed 689 CONSOLIDATED RETIREMENT SYSTEM STUDY COMMITTEE Created 838 CONSERVATION State Division of Conservation Act amended 183 CONSTITUTIONAL AMENDMENTS Effective date, proposed amendment to the Constitution 975 Publication BoardCreated 640 CONSTITUTION REVISION COMMISSION Payment of members 937 CONTRABAND WILDLIFE Seizure and disposal 466 CONTRACTS Contracts against public policy 441 Unsolicited merchandise, etc. 565

Page 1205

CONYERS, CITY OF Homestead exemption, proposed amendment to the Constitution 1047 Mayor and aldermen 2719 COOK COUNTY Assistant superior court court reporter 570 CORDELE, CITY OF Taxation on motion pictures 3398 CORLEY, D. R. Compensation for damages 2925 CORNELIA, CITY OF Fire protection outside city, referendum 3091 Mayor and commissioners, terms, referendum 3094 CORONERS Assistants in certain counties (115,000-140,000) 3289 Compensation in certain counties (47,500-49,500) 2937 CORPORATION CODE Amended 605 CORPORATIONS Georgia Professional Corporation Act 243 CORRECTIONS, STATE BOARD OF County work camps, etc. 318 Credit for time spent awaiting trial 692 COUNTIES Taxation for emergency ambulance service 582 COURT OF APPEALS JUDGES EMERITUS Amended 179 182 Judges' salaries 19 COURT REPORTERS Secretarial assistance in certain counties (19,000-19,500) (28,100-28,800) 475

Page 1206

COUNTY COMMISSIONERS Uniform County Commissioners Law Amended 24 COUNTY WORK CAMPS Withdrawal of State prisoners, etc. 318 COWETA COUNTY Indebtedness for water and sewerage purposes, proposed amendment to the Constitution 993 CRAWFORD COUNTY Clerk of superior court, salary, etc. 3037 County commissioners, salaries 3033 Ordinary's salary 2673 Sheriff, salary, etc. 3034 Tax commissioner placed on salary 3390 Treasurer's salary 2671 CREDIT CARDS Illegal use 529 CRIMES Distribution of material depicting nudity, etc. 173 Gambling 690 Misdemeanors of a high and aggravated nature, etc. 236 Sale of tickets to athletic contests 172 CRIMINAL LAW STUDY COMMITTEE Membership enlarged, etc. 137 CRIMINAL PROCEDURE Affidavits for arrest and arrest warrants 584 Credit for time spent awaiting trial 692 Remittitur from Supreme Court in death sentence cases 691 Pre-sentence hearings in felony cases 949 CRISP COUNTY Tax on motion pictures 3501

Page 1207

DADE COUNTY County commissioners, compensation, etc. 2042 Ordinary's salary 2121 DANGEROUS DRUGS Publication of list of 465 Punishment for obtaining, etc. 461 Seizure, etc., by law enforcement officers 463 Uniform Narcotic Drug Act amended 470 DANIELSVILLE, CITY OF Salaries 2470 DAWSON, CITY OF New charter 3121 DAWSON COUNTY Automobile for use of sheriff 2306 Superior court court reporters' compensation 96 DAY CARE CENTERS Adult to child ratio 720 DEAD BODIES Traffic in human bodies, etc. 589 DEALERS IN JUNK METALS Records, etc. 693 DECATUR, CITY OF Corporate limits 3329 DECATUR COUNTY, CIVIL AND CRIMINAL COURT OF Salaries 3109 DECATUR COUNTY Sheriff, salary Act amended 2593

Page 1208

DEEDS TO SECURE DEBT Reconveyances, etc. 176 DEFAULT JUDGMENTS Enforcement 550 DELINQUENT OFFENDER AND JUVENILE COURT LAW STUDY COMMITTEE Created 847 DEPARTMENT OF PUBLIC HEALTH Destruction of records 644 DEPOSITORIES, STATE Securities in lieu of bonds 467 DEKALB COUNTY See also tabular indexCounties and County MattersHome Rule Actions. Additional county commissioners 3184 Chief of police placed under merit system 3499 City-County of DeKalb, proposed amendment to the Constitution 1068 City of Atlanta water mains 2970 Community relations commission 3097 Retirement system study commission 2901 DISABLED VETERANS Drivers licenses for spouses of disabled veterans 528 DISTRICT ATTORNEYS Assistants in multiple judge circuits 716 Salary Act amended 12 DISTRICT ATTORNEYS ASSOCIATION OF GEORGIA Designated as agency to receive funds 938 DIVORCE Court costs in certain counties (50,000-75,000) 3206 DODGE COUNTY Superior court court reporter 292

Page 1209

DOOLY COUNTY Deputy sheriff, salary 3048 DORAVILLE, CITY OF Corporate limits 2865 DOUGHERTY COUNTY Board of elections, proposed amendment to the Constitution 1127 Dougherty CountyCity of Albany, board of registrars, proposed amendment to the Constitution 1126 DOUGLAS, CITY OF Mayor and commissioners, compensation 2171 DOWNTOWN DEVELOPMENT CORP. Lease of air rights accepted 752 , 850 DRUGS, DANGEROUS Publication of list of 465 Punishment for obtaining, etc. 461 Seizure by law enforcement officers 463 Uniform Narcotic Drug Act amended 470 E EARLY COUNTY Sheriff's compensation, etc. 2308 EAST POINT, CITY OF Corporate limits 2167 EASTERN JUDICAL CIRCUIT Salary of district attorney 13 EATONTON, CITY OF Charter amended 2945 ECHOLS COUNTY Sheriff's salary 2209

Page 1210

EDISON, CITY OF Elections, etc. 2530 EDUCATION Assignment of teachers and students on basis of race, etc. 88 Joint Teacher Certification and Classification Study Committee 837 Junior College Act of 1958 amended 645 Laws amended as to certain counties (20,500-20,900) 3377 Minimum Foundation Program of Education Act amended 507 Salary deductions for annuity contracts 458 School buses 586 State School Superintendent's salary 116 Use of sick leave by teachers 459 ELBERT COUNTY Office of treasurer abolished, referendum 2321 ELBERTA, CITY OF Charter repealed 3393 ELECTIONS Board of elections created in certain counties (155,000-185,000) 2896 Boards of registration and elections in certain counties (500,000 or more) 3405 General Assembly special elections 88 Georgia Election Code amended 347 , 383 Municipal Election Code amended 341 ELECTRIC MEMBERSHIP CORPORATIONS, RURAL Powers of Boards of Directors 555 ELECTRICAL CONTRACTORS Licensing in certain counties (13,300-13,600) 2285 EMPLOYEES OF STATE Infectious hepatitis 737 EMANUEL COUNTY Board of education, referendum 2153 Ordinary placed on salary 2013 School superintendent, referendum 2150

Page 1211

EMPLOYEES' HEALTH INSURANCE ACT Amended, contributions by State 9 EMPLOYEES' RETIREMENT SYSTEM ACT Amended 26 Supreme Court Justice Emeritus 179 , 182 EMPLOYMENT AGENCIES Private employment agencies Act amended 600 ENGINEERING FIRMS Contracts with State 420 EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST ACT Enacted 542 EXCISE TAXES Authorized in certain counties (17,500-17,750) 3497 EXECUTORS Fees 523 EYEGLASSES, PRESCRIPTION Safety glass, etc. 30 F FACTORY FOR THE BLIND Surplus funds 557 FAIR ACCESS TO INSURANCE REQUIREMENTS PLAN ACT Enacted 282 FAMILY AND CHILDREN SERVICES, STATE DEPARTMENT OF Reimbursement of nursing homes 643 FANNIN COUNTY County depository, compensation 2631

Page 1212

FARM TRACTORS Sale regulated 242 FARMERS MUTUAL FIRE INSURANCE COMPANIES Act amended 165 FAYETTE COUNTY Board of education; proposed amendment to the Constitution 979 Salary recommendations by grand jury, proposed amendment to the Constitution 1002 School superintendent, proposed amendment to the Consttiution 977 FAYETTEVILLE, CITY OF New charter 2243 FEES Clerks of superior court 497 Clerks of superior court in certain counties (140,000-150,000) 2938 1912 Act requiring reports repealed 689 FERNBANK SCIENCE CENTER COMMISSION Created 747 FIDUCIARY BONDS Reduction by ordinaries 164 FIDUCIARY INVESTMENT COMPANY ACT Enacted 515 FIELDS, JAMES W. Compensation for damages 3466 FIREMEN'S PENSION FUND ACT Amended 334 FISH Official State fish designated 846 Stealing, etc. fish raised under fish farming program 474

Page 1213

FITZGERALD, CITY OF Charter amended 3241 Fitzgerald-Ben Hill County Development Authority, proposed amendment to the Constitution 1077 FLAGS, STATE Distribution by Secretary of State 192 FLANDERS, FRANK Compensation for damages 2905 FLOVILLA, CITY OF New charter 2735 FLOYD COUNTY, CITY COURT OF Name changed to State Court of Floyd County 2623 FLOYD COUNTY, STATE COURT OF Name changed from City Court of Floyd County 2623 FLUE CURED TOBACCO Sale 4 F. M. AIR RIGHTS COMPANY Lease of air rights accepted 752 , 850 FOLKSTON, CITY OF Authority to close, etc., described streets and alleys 2568 Folkston-Charlton County Airport Authority Act 3253 Official depositories 2570 FORESTRY COMMISSION Director's salary 119 FRANKLIN COUNTY Cost of feeding prisoners 2559 County commissioner and advisory board 2555 Superior court terms 571 FULTON COUNTY, CIVIL COURT OF Practice and procedure 2446

Page 1214

FULTON COUNTY Assistant district attorneys 650 Employees, residence requirements 3283 Land conveyances authorized 751 Record keeping study, etc. 2941 Tax on automobiles, proposed amendment to the Constitution 1138 G GAINESVILLE, CITY OF See tabular indexMunicipalities, Home Rule Amendments. GAMBLING Defined, etc. 690 GAME AND FISH Salary of Director of State Game and Fish Commission 119 Salt water crawfish 591 Seizure and disposal of contraband wildlife 466 Stealing, etc. fish raised under fish farming program 474 Transfer of land authorized 952 Taking of shrimp, etc. 961 GARNER, BOYD Compensation for damages 2910 GARNISHMENT Practice and procedure 724 GAS LINES Act regulating blasting, etc. near, amended 226 GENERAL APPROPRIATIONS ACT Amended 32 GENERAL ASSEMBLY Governor's Veto, proposed amendment to the Constitution 1135 Lobbyists 695 Members expense allowances 647 Reapportionment of Senate 557 Salaries of Speaker and Clerk of House of Representatives 119 Salary of Secretary of Senate 119 Special elections 88

Page 1215

GEORGETOWN, CITY OF Named changed from Town of Georgetown 2312 GEORGIA AGRIRAMA Created, etc. 568 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended 86 GEORGIA BUILDING AUTHORITY (HOSPITAL) Bonds 159 GEORGIA BUILDING AUTHORITY (PENAL) Bonds 552 GEORGIA BUSINESS CORPORATION CODE Amended 605 GEORGIA CIVIL PRACTICE ACT Amended, findings of facts by trial courts 170 GEORGIA ELECTION CODE Amended 347 , 383 General Assembly special elections 88 GEORGIA FACTORY FOR THE BLIND Surplus funds 557 GEORGIA HEALTH CODE Dead bodies 589 Transfer of Georgia residents from out of State hospitals 540 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 478

Page 1216

GEORGIA HISTORICAL COMMISSION ACT Amended 189 GEORGIA HOUSING FINANCE AUTHORITY Created, proposed amendment to the Constitution 1143 GEORGIA INSURORS INSOLVENCY POOL ACT Enacted 700 GEORGIA MILITARY COLLEGE Additional trustees, etc. 2234 Land conveyance authorized 141 Powers of board of trustees 2231 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 192 , 299 GEORGIA MINIMUM WAGE LAW Enacted 153 GEORGIA MOTOR TRANSPORT STUDY COMMITTEE Created 279 GEORGIA MUNICIPAL ELECTION CODE Amended 341 GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT Enacted 208 GEORGIA PLANT FOOD ACT OF 1970 Enacted 609 GEORGIA PROFESSIONAL CORPORATION ACT Enacted 243 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 Amended 451

Page 1217

GEORGIA RADIO COMMON CARRIER ACT Enacted 104 GEORGIA REAL ESTATE INVESTMENT BOARD ACT Amended 340 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT See Revenue. GEORGIA SECURITIES ACT Amended 450 , 488 Exempt transactions 718 GEORGIA STATE BOARD OF NURSING HOMES ACT Amended 573 GEORGIA STATE HEARING AID DEALERS AND DISPENSERS ACT Enacted 633 GERALD, REV. INMAN Compensation for damages 3469 GLASCOCK COUNTY Small claims court 2198 GLASS, INSTALLATIONS Standards, etc. 151 GLASSES Prescription eyeglasses, etc. 30 GLEDHILL, DELL D. Compensation for damages 2917 GLENNVILLE, CITY OF Corporate limits, referendum 2033

Page 1218

GLYNN COUNTY Public improvement authority, proposed amendement to the Constitution 1012 Taxation for water and sewer purposes, proposed amendment to the Constitution 1010 GORDON COUNTY Board of education, referendum 2657 Budget, county commissioner's salary, etc. 2431 Clerk of superior court and ordinary, salaries 2420 Sheriff, salary, etc. 2422 GOVERNOR'S AWARD FOR HEROISM COMMISSION Created 743 GOVERNOR'S TRAFFIC SAFETY STUDY COMMITTEE Created 845 GOVERNOR'S VETO Procedure, etc., proposed amendment to the Constitution 1135 GRADY COUNTY County depositories 3077 GRADY COUNTY ELECTRIC MEMBERSHIP CORPORATION Compensation for damages 2908 GRANTS AND SCHOLARSHIPS College students, proposed amendment to the Constitution 1140 GRAY, MRS. SAM Compensation for damages 2926 GREENE COUNTY Superior court court reporters' salaries 120 GREENE, WILMOT McRAE, JR. Compensation for damages 3461

Page 1219

GREENSBORO, CITY OF Recorder 3100 GRIFFIN, CITY OF Board of commissioners, referendum 2651 GROVETOWN, CITY OF Charter amended 2226 GUARDIAN AND WARD Custody of funds, etc. when no legal guardian 221 Investments 230 GWINNETT COUNTY Law books to district attorney 3455 Police powers, proposed amendment to the Constitution 998 Taxing districts, proposed amendment to the Constitution 1101 Water and sewerage authority Act 2827 GWINNETT JUDICIAL CIRCUIT Court personnel 289 H HABERSHAM COUNTY Superior court court reporter 332 Superior court terms 476 HALL COUNTY Business licenses, proposed amendment to the Constitution 1032 Fiscal year, audits 2624 Superior court court reporters' compensation 96 HALL, JIMMY W. Compensation for damages 3457 HANCOCK COUNTY Superior court court reporters' salaries 120

Page 1220

HARALSON COUNTY Deputy sheriffs, salaries 2270 Tax commissioners' clerical assistant, salary 2229 HARRIS, LAMAR Land conveyance authorized 421 HARRISON, MRS. ANNETTE Compensation for damages 2918 HARTMAN, E. H., SR. Compensation for damages 2924 HAZLEHURST, CITY OF Charter amended 2677 HEALTH Licensing, etc., of clinical laboratories 531 HEATH, JOHN W. Compensation for damages 3471 HEARING AIDS State Hearing Aid Dealers and Dispensers Act 653 HELEN, CITY OF Corporate limits 2960 HENRY COUNTY Business licenses, proposed amendment to the Constitution 1044 Commissioner districts, etc. 2665 Tax on mobile homes and mobile home sites, proposed amendment to the Constitution 1119 HEPATITIS, INFECTIOUS State employees contracting 737 HEROISM, GOVERNOR'S COMMISSION Created 743

Page 1221

HIGHWAYS Delegation of power by State Highway Board 128 Joint Interim Study Committee 139 Removal of debris from scenes of accidents 445 Treasurer and assistant treasurer of State Highway Board 131 Warning devices on slow moviing vehicles 229 HINESVILLE, CITY COURT OF Judge's salary 2544 Solicitor's salary, etc. 2539 HINESVILLE, CITY OF Corporate limits, referendum 2053 HISTORICAL COMMISSION ACT Amended 189 HODGES, MRS. A. O. Compensation for damages 2923 HOGAN, JOE B. Compensation for damages 2915 HOLLOWAY, WILLIS Compensation for damages 2906 HOME RULE Municipal Home Rule Act of 1965 amended 346 HOME SOLICITATION SALES ACT Amended 98 HOMESTEAD EXEMPTIONS Executors, etc., proposed amendment to the Constitution 1049 HONEY BEES Inspection of colonies, etc. 197 HONEYCUTT, AUBREY M. Compensation for damages 2914

Page 1222

HOSEY, JAMES HOYT Compensation for damages 2903 HOSPITALS AND NURSING HOMES Tax exemption, proposed amendment to the Constitution 1035 HOSPITAL AUTHORITIES Interest rates on revenue bonds 144 Sales and use taxes 252 HOSPITAL CARE FOR THE INDIGENT Indigent defined 649 HOSPITALS Sales and use taxes 252 HOUSEHOLD FURNITURE Exempt from ad valorem taxation, proposed amendment to the Constitution 990 HOUSING AUTHORITIES LAW Interest rate on bonds 113 HOUSTON COUNTY Board of county commissioners 2962 Board of education, referendum 2965 Consolidation of tax functions, proposed amendment to the Constitution 1151 County commissioners, compensation 3236 Education of handicapped citizens, proposed amendment to the Constitution 1042 I ILLEGAL USE OF CREDIT CARDS Crime 529 INCOME TAX Current Income Tax Payment Act of 1960 amended 107

Page 1223

INDIGENTS Hospital care for the indigent 649 INFECTIOUS HEPATITIS State employees contracting 737 INSOLVENT COSTS Application in certain counties (9,175-9,225) 2943 INSPECTION OF PUBLIC RECORDS Exceptions 163 INSTALLMENT SALES Retail Installment and Home Solicitation Sales Act Amended 98 INSURANCE Certain municipalities permitted to become self insurers (400,000 or more) 3208 Examination of agents, etc. 492 Fair Access to Insurance Requirements Plan Act 282 Farmers mutual fire insurance companies 165 Flue cured tobacco warehouses 222 Georgia Insurers Insolvency Pool Act 700 Holding company systems 257 Policies excluding coverage for mental illness 526 State Employees' Health Insurance Act amended 9 INSURANCE PREMIUM FINANCE COMPANY ACT Amended 567 INTERROGATORIES Attorney's fees for refusal to anser 157 INVENTORIES Ad valorem taxation, proposed amendment to the Constitution 1142 INVESTMENTS Funds in registry of superior courts 599 IRWIN COUNTY County commissioners, clerk 2534

Page 1224

JACKSON COUNTY West Jackson Fire District, proposed amendment to the Constitution 1104 JAIL Credit for time spent awaiting trial 692 JASPER COUNTY Superior court court reporters' salaries 120 JESUP, CITY OF Charter amended 2062 City Attorney 2526 Corporate limits, referendum 2067 JOHNSON COUNTY Deputy sheriff, salary 2528 JOHNSTON, BOB Compensation for damages 2935 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 201 JONES COUNTY Superior court court reporters' salaries 120 JUDGE OF SUPERIOR COURT EMERITUS ACT Amended 249 JUDGMENTS, DEFAULT Enforcement 550 JUNIOR COLLEGE ACT OF 1958 Amended 645 JUNK METALS, DEALERS IN Records, etc. 693

Page 1225

JURY COMMISSIONERS Selection in certain counties (3,600-4,500) 10 JUVENILE COURTS Judges salaries in certain counties (20,600-21,100) 3342 Judges salaries in certain counties (250,000-500,000) 3305 Study Committee 847 K KEE, JAMES ELLIOTT Compensation for damages 2903 KENNESAW, CITY OF Charter amended 3042 KINCHAFOONEE LAKE AUTHORITY Created 3379 KITCHEN, EVERETT F. Compensation for damages 2930 L LAGRANGE, CITY OF Corporate limits 2337 LaGrange-Troup School System, proposed amendment to the Constitution 1004 LANDLORD AND TENANT Proceedings against tenants holding over 968 LANIER COUNTY Assistant superior court court reporter 570 Board of education, referendum 2709 Ordinary placed on salary 3316 LARGEMOUTH BASS Official State fish 846

Page 1226

LAURENS COUNTY, STATE COURT OF Judge and solicitor, salaries 2473 LAW LIBRARIES Authorized in certain counties (32,500-34,050) 2482 Authorized in certain counties (70,000-110,000) 3367 LAW SCHOOL LEGAL AID AGENCY OF 1967 Amended 336 LAWRENCEVILLE, CITY OF Charter amended 3202 LEDFORD, JAMES R. Compensation for damages 2929 LEE COUNTY Business licenses, proposed amendment to the Constitution 1066 Deputy clerk of superior court 2031 Deputy sheriff, salary 2024 LEE, ROBERT H. Compensation for damages 2913 LIBERTY COUNTY Clerk of superior court, salary, etc. 2537 Coroner placed on salary 2542 Ordinary, salary Act amended 2546 Sheriff, deputies, etc., salaries 2215 Tax commissioner, salary, etc. 2548 LIBERTY INDEPENDENT TROOP CORPORATION Land conveyance authorized 406 LIMITED PARTNERSHIPS Uniform Limited Partnership Act amended 195 LINDER, WILLIE Compensation for damages 2911

Page 1227

LITTER CONTROL LAW Enacted 494 LIVESTOCK DEALERS Bonds 530 LOBBYISTS Registration, etc. 695 LOGANVILLE, CITY OF Mayor's salary 2480 LONG COUNTY Superior court terms 251 LOOKOUT MOUNTAIN, CITY OF Charter amended 2550 LOWNDES COUNTY Sheriff's employees 3239 Superior court terms 572 Utilities Authority Act 3112 LUMPKIN COUNTY Superior court court reporters' compensation 96 (LSD) LYSERGIC ACID DIETHYLAMID Possession, etc. 462 LYONS, CITY OF Mayor's veto 2722 LYSERGIC ACID DIETHYLAMIDE (LSD) Possession, etc. 462 Mc McDUFFIE COUNTY County commissioners, salaries 2181 Salaries of named officials 2176 Small claims court 2187

Page 1228

McINTOSH COUNTY Sheriff and clerk of superior court, salary Act amended 2427 M MACON, CITY OF Commission on efficiency and economy in government in Macon and Bibb County 3482 Recorder's court name changed 3452 Water commissioners retirement system 2324 MACON COUNTY Clerk of superior court's salary 2408 Coroner's salary 2404 Ordinary's salary 2410 Sheriff's salary 2402 Tax collector's salary 2415 Tax receiver's salary 2406 MACON COUNTY, STATE COURT OF Judge and soliictor, salaries 2412 MADISON COUNTY Board of commissioners 3287 Deputy sheriffs, etc. 2572 Superior court terms 572 MALT BEVERAGES Bonds of businesses dealing in malt beverages 597 MARIETTA, CITY OF Board of education employees, insurance 2681 Corporate limits 2974 Downtown development authority, proposed Amendment to the Constitution 1109 Parking Authority, proposed amendment to the Constitution 1081 MARION COUNTY Clerk of superior court placed on salary 2597 Sheriff, deputies, etc., salaries 2217 Tax commissioner's salary 2220

Page 1229

MARSHALLVILLE, CITY OF New charter 2692 MARSHLANDS Coastal Marshlands Protection Act of 1970 939 MAYSVILLE, TOWN OF Mayor and aldermen, terms, referendum 3000 MEDICAL BILLS Identification, etc. 225 MEDICAL PRACTITIONERS Licensing, etc. 301 MENTAL HEALTH Transfer of Georgia residents from out of State hospitals 540 MENTAL ILLNESS Insurance policies excluding coverage 526 MERCHANDISE Unsolicited merchandise deemed gift, etc. 565 MERIWETHER COUNTY County commissioners, elections 2842 Law books to superior court 3473 MERRITT, JOHN B. Compensation for damages 3463 METALS, DEALERS IN JUNK Records, etc. 693 MILLEDGEVILLE, CITY OF Easement for water and sewer lines 133 Trustees of Georgia Military College 2237 MILLER COUNTY Board of education, salaries 2726

Page 1230

MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 507 MINIMUM WAGE LAW Enacted 153 MINORS Donations of blood by persons eighteen years of age, etc. 150 MISDEMEANORS High and aggravated nature, etc. 236 MITCHELL COUNTY Board of education, referendum 2239 School superintendent, referendum 2632 MONROE COUNTY Board of education, referendum 3030 MONTGOMERY COUNTY Clerk of county commissioners, assistant to tax commissioner, salaries 2173 Superior court court reporter 292 MOORE, JOHN H. Compensation for damages 2925 MORGAN COUNTY Superior court court reporters' salaries 120 MORTALITY TABLES Use of additional mortality tables authorized 168 MOTOR CARRIERS Poultry and processed poultry 224 MOTOR FUEL Taxation on motor fuel other than gasoline 20

Page 1231

MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 185 MOTOR VEHICLES Drivers licenses for spouses of disabled veterans 528 Inspections 438 License plates to disabled veterans 315 , 316 License tags for amateur radio station operators 699 Operation to create danger to persons or property 549 Speed detection devices 435 Tag agents fees 728 Tires and wheels used on public roads 628 Traffic tickets by Department of Public Safety 646 Transfer of licenses and tags 281 Warning devices on slow moving vehicles 229 MOULTRIE, CITY OF Corporate limits 2586 MT. AIRY, TOWN OF Charter amended 3493 MOUNTAIN JUDICAL CIRCUIT Court reporter's salary 332 Terms 476 MUNICIPAL CORPORATIONS Self insurance by certain cities (400,000 or more) 3207 MUNICIPAL COURT OF AUGUSTA Act creating, amended 3436 MUNICIPAL COURT OF COLUMBUS Deputy marshals 2340 MUNICIPAL COURT OF SAVANNAH Act amended 2314 Judges' retirement 3233 MUNICIPAL ELECTION CODE Amended 341

Page 1232

MUNICIPAL EMPLOYEES Joint Municipal Employees' Retirement Act amended 201 MUNICIPAL HOME RULE ACT OF 1965 Amended 346 MUNICIPALITIES Alternative method of extending boundaries 426 Corporate limits of certain municipalities (4,440-4,470) in certain counties (16,685-16,820) 3295 Taxes on professions 483 MURRAY COUNTY Act placing named officers on salaries amended 2162 County commissioner, compensation 2159 MUSCOGEE COUNTY Columbus and Muscogee County Building Commission, name changed 2401 Pension fund Act amended 2318 N NATIONAL HOUSING GOALS Affirmed, etc. 843 NATIONS, V. S. Compensation for damages 2928 NATURAL GAS TRANSMISSION TIMES Safe installation, etc. 158 NATURAL RESOURCES Use of State funds to reclaim 3 NEWTON COUNTY Budget of ordinary 2352 Clerk of superior court, budget 2357 Coroner placed on salary 2354 Police powers, proposed amendment to the Constitution 1040 Sheriff budget 2359 Tax commissioner, budget 2355 Water and sewerage authority Act 2449

Page 1233

NICHOLLS, CITY OF Elections 2553 NINETEENTH AMENDMENT TO UNITED STATES CONSTITUTION Ratification 951 NON-RESIDENTS Jurisdiction when doing business in Georgia 443 NORTH FULTON CHOIR Designated official choir 742 NORTHEASTERN JUDICIAL CIRCUIT Court reporters' compensation 96 NUDITY Distribution of material depicting nudity, etc. 173 NUISANCES Abatement in certain cities (300,000 or more) 3475 NURSING HOMES Reimbursement by Department of Family and Children Services 643 State Board of Nursing Homes Act amended 573 O OBSCENE MATERIALS Distribution of materials depicting nudity, etc. 173 Taxation 443 OCILLA, CITY OF Ordinances 2532 OCMULGEE JUDICIAL CIRCUIT Court reporters' salaries 120

Page 1234

OCONEE JUDICIAL CIRCUIT Court reporter 292 OGBURN, B. F. Compensation for damages 3469 ORDINARIES Compensation in certain counties (500,000 or more) 2066 Custody, etc., of funds when no legal guardian 221 Fiduciary bonds 164 OWENS, MRS. MARTHA C. Compensation for damages 2934 P PARDONS AND PAROLES, STATE BOARD OF Execution of warrants 187 Members unable to serve 729 PARTNERSHIPS Uniform Limited Partnership Act amended 195 PAULDING COUNTY Clerk of superior court, sheriff and ordinary, salaries 3086 County commissioner, salary 3084 Fire protection districts, proposed amendment to the Constitution 1057 Police powers, proposed amendment to the Constitution 1052 Sewage districts, proposed amendment to the Constitution 1055 Tax commissioner, salary 3081 Water Authority Act amended 3301 PAVO, CITY OF Councilmen, salaries 2433 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 93 199 PEACE OFFICERS STANDARDS AND TRAINING ACT Enacted 208

Page 1235

PEACH COUNTY Board of education, referendum 2647 Industrial development authority, proposed amendment to the Consttiution 992 Law books to superior court 3464 PEACHTREE CITY Charter amended 2286 PEACHTREE-WHITEHALL, INC. Lease amendment authorized 408 PEANUTS Exempt from ad valorem taxation, proposed amendment to the Constitution 983 PEMBROKE, CITY COURT OF Traffic offenses 2957 PERRY, CITY OF Charter amended 2341 Homestead exemptions, proposed amendment to the Constitution 1149 Mayor and councilmen, salaries 2021 PHARMACISTS Qualifications 215 PHILLIPS, T. L. Compensation for damages 2927 PIKE COUNTY Tax commissioner's salary 2795 Tax commissioner, salary of deputy 3354 PIPELINES Enforcement of Act regarding intrastate systems 145 PITTS, CITY OF New charter 2806

Page 1236

PLANNING Bureau of State Planning and Community Affairs 321 PLANNING COMMISSIONS Workmen's compensation 196 PLANNING COMMISSIONS, AREA Powers 193 PLANT FOOD ACT OF 1970 Enacted 609 PLUMBING CONTRACTORS State Board of Examiners of Plumbing Contractors Act amended 590 POLK COUNTY County commissioners, expense allowance 3107 PORTS AUTHORITY, STATE Governmental function 629 POULTRY Motor carriers 224 POULTRY PROCESSING PLANTS Licensing, etc. 186 POWDER SPRINGS, CITY OF New charter 2760 PRACTICE AND PROCEDURE Abatement of nuisances in certain cities (300,000 or more) 3475 Additional mortality tables approved 168 Attorney's fees for refusal, etc. to answer interrogatories 157 Costs in divorce cases in certain counties (50,000-75,000) 3206 Enforcement of default judgments 550 Execution of warrants of State Board of Pardons and Paroles 187 Findings of facts by trial courts 170 Forms of affidavit for arrest and arrest warrants 584

Page 1237

PRACTICE AND PROCEDURE (Cont.) Garnishment 724 Identification of medical bills, etc. 225 Non-residents doing business in Georgia 443 Practice in certain courts below superior court level 679 Proceedings against tenants holding over 968 Reduction of fiduciary bonds by ordinaries 164 Remittitur from Supreme Court in death sentence cases 691 Unsolicited merchandise, etc. 565 PRACTICE OF LAW Law School Leggal Aid Agency Act of 1967 amended 336 PRESCRIPTION EYEGLASSES Safety glass, etc. 30 PRESLEY, WARREN A. Compensation for damages 2936 PRIVATE EMPLOYMENT AGENCIES ACT Amended 600 PROFESSIONAL CORPORATIONS Georgia Professional Corporation Act enacted 243 PROFESSIONS Taxation by municipalities 483 PSYCHOLOGISTS State Board of Examiners Act amended 511 PUBLIC HEALTH, DEPARTMENT OF Destruction of records 644 PUBLIC PROPERTY Inventorying of State owned real property 672 PUBLIC RECORDS Inspection 163

Page 1238

PUBLIC SAFETY DEPARTMENT OF Compensatory time off for State patrolmen 849 Duties 577 Employees' retirement, etc. 26 Salaries 117 Speed detection devices 435 Tickets for violation of traffic offenses 646 PUBLIC SERVICE COMMISSION Enforcement of Act regarding intrastate pipeline systems 145 Natural gas transmission lines 158 Radio Common Carrier Act 104 Salaries, etc. 119 PULASKI COUNTY Clerk of superior court, clerical assistance 2883 Fire protection district, referendum 2880 Superior court court reporter 292 Tax commissioner's deputy 2878 PULLEN, BILL Compensation for damages 2931 PUTNAM COUNTY Superior court court reporters' salaries 120 Q QUITMAN, CITY OF Elections 2655 R RABUN COUNTY Ordinary placed on salary 2274 Superior court court reporter 332 Superior court terms 476 RAHN, JOE ALLEN, JR. Compensation for damages 2917 REAL ESTATE Reconveyance of property under deeds to secure debt, etc. 176 Usury on transactions involving real estate 174

Page 1239

REAL ESTATE BROKERS Unlawful practices 721 REAL ESTATE INVESTMENT BOARD ACT Amended 340 REAL PROPERTY Inventorying of State owned real property 672 RECORDS Destruction of records by Department of Public Health 644 RECORDS, PUBLIC Inspection 163 RELIGIOUS ORGANIZATIONS Ad valorem tax exemptions, proposed amendment to the Constitution 1051 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 98 RETIREMENT Consolidated Retirement System Study Committee 838 Pension Act for members of police department of certain cities amended (150,000 or more) 2348 Pension system for officers and employees of certain cities amended (150,000 or more) 2349 Pension system of firemen in certain cities amended (150,000 or more) 2351 RETIREMENT PAY Certain exclusions from gross income 155 RETIREMENT SYSTEMS Benefits, proposed amendment to the Constitution 1153 REVENUE Ad valorem taxation of inventories, proposed amendment to the Constitution 1142 Ad valorem taxation of religious organizations' property, proposed amendment to the Constitution 1051

Page 1240

REVENUE (Cont.) Automobiles to enforce laws relating to distilled spirits, etc. 298 Bonds of businesses dealing in malt beverages 597 Certain retirement pay excluded from gross income 155 Current Income Tax Payment Act of 1960 amended 107 County taxation for emergency ambulance service 582 Deputy State Revenue Commissioner 108 Duties of county boards of tax assessors 580 Equalized adjusted school property tax digest 542 Examination of tax digests by State Revenue Commissioner 91 Excise taxes authorized in certain counties (17,500-17,750) 3497 Homestead exemptions for certain disabled veterans, proposed amendment to the Constitution 996 Homestead exemptions, proposed amendment to the Constitution 1049 Hospitals and nursing homes tax exemption, proposed amendment to the Constitution 1035 Household furniture exempt from ad valorem taxation, proposed amendment to the Constitution 990 Income tax definitions 638 Interest on past due taxes 446 Motor vehicle license plates to disabled veterans 315 , 316 Motor vehicle tag agents fees 728 Peanuts exempt from ad valorem taxation, proposed amendment to the Constitution 983 Property exempt from ad valorem taxation, proposed amendment to the Constitution 976 Return of property for ad valorem taxation 278 Revision of tax assessments in certain counties (250,000-500,000) 22 Sales and Use Tax Act amended, urban transit systems 16 Sales and use taxes on hospitals and hospital authorities 252 Sales and use tax on fish feed, etc. 460 Sales and use tax on rental of property 595 Sales and use tax on sale of water 254 Sales and use tax on sales to governments, etc. 631 State Revenue Commissioner's duty to examine tax digests 642 Suspension of ad valorem tax penalties and interest on motor vehicles ratified 391 Suspension of sales and use tax on certain tangible personal property ratified 390 , 400 Suspension of sales and use tax on Holy Bibles and Testaments ratified 388 Suspension of sales and use tax on sales of food to certain schools ratified 397

Page 1241

REVENUE (Cont.) Suspension of sales and use tax on standing timber, etc. ratified 398 Suspension of sales and use tax on transit systems ratified 385 Suspension of sales and use tax on transit system fares ratified 394 Taxation on motor fuel other than gasoline 20 Taxation of professions by municipalities 483 Tax on obscene materials 443 Tax receivers' duties 641 Tax returns in certain counties (250,000-500,000) 110 Tax returns in certain counties based upon population of cities (400,000 or more) 639 Tobacco tax stamps 146 Use to reclaim natural resources 3 REVENUE BOND LAW Amended, interest rates 23 REVENUE BONDS Georgia Building Authority (Hospital) 159 Georgia Building Authority (Penal) 552 Hospital authorities 144 Housing Authorities Law amended 113 Urban Redevelopment Law amended 115 REWARDS Authorized, etc., in certain cases 447 RICHMOND COUNTY Animal control 3327 Augusta-Richmond County Transportation Act 3208 Business licenses, proposed amendment to the Constitution 1099 Recreational program 3325 Street light districts, proposed amendment to the Constitution 1097 RICHMOND HILL, CITY OF Charter amended, referendum 3191 RINGGOLD, CITY OF Mayor's court 2399 RIVERDALE, CITY OF Charter amended 2611

Page 1242

ROBERTSON, WILLIAM P. Compensation for damages 3463 ROCKDALE COUNTY Coroner's salary 2717 ROME, CITY OF Elections 2563 Recorder's court, name changed 2786 RUCKER, WILLIE JAMES Compensation for damages 2919 RURAL ELECTRIC MEMBERSHIP CORPORATION Powers of Boards of Directors 555 S SALMON, CLARENCE Compensation for damages 2904 SANTA CLAUS, CITY OF Name, elections 2733 SAVANNAH BEACH, TYBEE ISLAND, CITY OF New charter, referendum 2080 SAVANNAH, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. Savannah and Chatham County Board of Education 2076 SAVANNAH, MUNICIPAL COURT OF Act amended 2314 Judge's retirement 3233 SCHLEY COUNTY Clerk of superior court, salary 2009 Ordinary placed on salary 2010 SCHOLARSHIPS College students, proposed amendment to the Constitution 1140

Page 1243

SCHOOL BUSES Equipment, etc. 586 SCREVEN COUNTY Deputy sheriffs, etc. 3102 SECRETARY OF STATE Act providing for registration, etc. of cemeteries amended 472 Distribution of State flags 192 Registration of lobbyists, etc. 695 Salary, etc. 119 SECURITIES Georgia Securities Act amended 450 , 488 , 718 SEMINOLE COUNTY Clerk of superior court, salary 3007 SENATE Reapportionment 557 SERVICEMEN Employment of wives by State agencies 169 SHERIFFS Compensation in certain counties (47,000-49,500) 2937 Employees in certain counties (135,000-140,000) 3351 Salaries in certain counties (500,000 or more) 2049 SISK, V. E. Compensation for damages 3467 SLOW MOVING VEHICLES Warning devices 229 SMALL CLAIMS COURTS See also named counties. Created in certain counties (7,500-7,900) 3423 Created in certain counties (8,905-8,920) 2296 SMITH, DR. JAMES W. Compensation for damages 3458

Page 1244

SMYRNA, CITY OF Corporate limits 2599 Downtown development authority, proposed amendment to the Constitution 1117 SOCIAL CIRCLE, CITY OF Corporate limits, referndum 2292 SOUTH FULTON COLISEUM AUTHORITY Created 2126 SOUTH FULTON SINGLE MUNICIPALITY STUDY COMMITTEE Created 2169 SOUTHWESTERN STATE HOSPITAL IN BAINBRIDGE Name changed to Bainbridge State Hospital 553 SPALDING COUNTY Fire protection districts 3227 Salary recommendations by grand jury, proposed amendment to the Constitution 1001 SPEED DETECTION DEVICES Act authorizing use amended 435 STATE AGENCIES Employment of wives of servicemen 169 STATE AUDITOR Equalized adjusted school property tax digest 542 Salary, etc. 119 STATE BOARD OF CORRECTIONS County work camps, etc. 318 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS ACT Amended 590

Page 1245

STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS ACT Amended 511 STATE BOARD OF PARDONS AND PAROLES Execution of warrants 187 Members unable to serve 729 STATE BUILDING ADMINISTRATIVE BOARD ACT Amended 734 STATE COURT OF BIBB COUNTY Clerk's bond, court costs 2577 STATE COURT OF FLOYD COUNTY Name changed from City Court of Floyd County 2623 STATE COURT OF LAURENS COUNTY Judge and solicitor, salaries 2473 STATE COURT OF MACON COUNTY Judge and solicitor, salaries 2412 STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICES Reimbursement of nursing homes 643 STATE DEPOSITORIES Securities in lieu of bonds 467 STATE DIVISION OF CONSERVATION Act amended 183 STATE DRUG INSPECTOR See also Dangerous Drugs. List of dangerous drugs 465 STATE EMPLOYEES Automobile mileage allowance 118

Page 1246

STATE EMPLOYEES' HEALTH INSURANCE ACT Contributions by State 9 STATE EMPLOYEES' RETIREMENT SYSTEM ACT Amended 26 STATE FLAGS Distribution by Secretary of State 192 STATE HIGHWAY BOARD Delegation of powers 128 Treasurer and assistant treasurer 131 Director's salary, etc. 119 STATE PORTS AUTHORITY Governmental function 629 STATE PROPERTIES CONTROL CODE Amended 455 713 STATE PROPERTY Inventorying of State owned real property 672 STATE REVENUE COMMISSIONER Automobiles to enforce distilled spirits laws, etc. 298 Deputy 108 Duty to examine tax digests 642 Examination of tax digests 91 Motor vehicle operators licenses for operators of amateur radio stations 699 Tobacco tax stamps 146 STATE SCHOOL SUPERINTENDENT Salary 116 STEPHENS COUNTY Board of commissioners, terms 2015 Board of education, referendum 2436 Clerk of superior court placed on salary 2891 County commissioners, clerk 3434 County commissioners, referendum 2643 Ordinary placed on salary 2893 Sheriff's salary Act amended 2889 Superior court court reporter 332 Superior court terms 476 Tax commissioner, salary, etc. 2417

Page 1247

STEPHENS COUNTY, CITY COURT OF Judge and solicitor, salaries 2668 STERILIZATION Voluntary Sterilization Act 683 STORY, FRANK K., JR. Compensation for damages 2920 STORY, MRS. FAN YOUNG Compensation for damages 2920 STRAIN, CHARLES J. Compensation for damages 2123 STUDENTS Assignment based on race, etc. 88 SUMMERVILLE, CITY OF Recorder's court, appeals 2211 SUNGLASSES, PRESCRIPTION Safety glass, etc. 30 SUPERIOR COURTS Assistant district attorneys in multiple judge circuits 716 Clerks' fees 497 Clerks fees in certain counties (140,000-150,000) 2938 Investment of funds in registry of court 599 Judges' emeritus 204 Judges' trial expenses 201 SUPERIOR COURT CLERKS' RETIREMENT SYSTEM Amended 177 SUPERIOR COURT JUDGES EMERITUS ACT Amended 249

Page 1248

SUPREME COURT JUSTICES EMERITUS Amended 179 , 182 SUPREME COURT Justices' salaries 19 Remittitur in death sentence cases 691 SUPERVISOR OF PURCHASES Private purchases authorized 287 Salary 119 SYLVESTER, CITY COURT OF Name changed to Civil and Criminal Court of Worth County, etc. 3356 T TATTNALL COUNTY Compensation for habeas corpus cases 842 TAX ASSESSORS Duties of county boards 580 TAX ASSESSMENTS Revision in certain counties (250,000-500,000) 22 TAYLOR CHAPEL CONGREGATION Exchange of land authorized 422 TAX COLLECTORS Fees in certain counties (135,000-140,000) 3350 TAX COMMISSIONERS Fees in certain counties (135,000-140,000) 3350 Powers in certain counties (12,000-12,150) 2949 Powers in certain counties (16,500-16,700) 2051 Powers in certain counties (46,500-48,500) 2939 TAX DIGESTS Examination of State Revenue Commissioner 91

Page 1249

TAX RECEIVERS Duties 641 TEACHERS Assignment based on race, etc. 88 TEACHERS CERTIFICATION AND CLASSIFICATION STUDY COMMITTEE Created 837 TEACHER'S RETIREMENT SYSTEM ACT Amended 217 TELFAIR COUNTY Superior court court reporter 292 TEMPLE, CITY OF Corporate limits, referendum 2856 TERRELL COUNTY Sheriff placed on salary 2026 THOMAS COUNTY Board of county commissioners, referendum 3369 Sheriff's salary 2560 THOMASTON, CITY OF Ad valorem taxation 2847 Consolidated board of tax assessors with Upson County, proposed amendment to the Constitution 1036 Corporate limits 2502 Joint board of tax assessors with Upson County 2487 Taxation 2496 THOMASVILLE, CITY OF See tabular indexMunicipalities, Home Rule Amendments. THUNDERBOLT, TOWN OF Filling of vacancies, referendum 2018 TICKETS Sale of tickets to Athletic contests 172

Page 1250

TIFTON, CITY OF Charter amended 2058 TIRES Tires and wheels used on public roads 628 TOBACCO Insurance as prerequisite to license of flue cured tobacco warehouse 222 Sale of flue cured tobacco 4 Tax stamps 146 TOBACCO ADVISORY BOARD Created, etc. 6 TOCCOA, CITY OF Corporate limits 2506 TOWNS COUNTY Industrial development authority 2588 Superior court court reporter 332 Superior court terms 476 TRACTORS Sale of farm tractors regulated 242 TRAFFIC SAFETY STUDY COMMITTEE Created 845 TRANSFER MOTOR VEHICLE LICENSE Procedure 281 TRANSIT SYSTEMS Sales and use tax on fares 16 TRANSPORTATION STUDY COMMITTEE Joint HouseSenate Committee 749 TREUTLEN COUNTY Sheriff, salary, etc. 2422

Page 1251

TROUP COUNTY County commissioners, terms and compensation 2073 LaGrange-Troup School System, proposed amendment to the Constitution 1004 TRUST FUNDS Common trust fund Act amended 489 522 TRUSTEES Compensation 525 U UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, motor vehicle inspections, etc. 438 School buses 586 UNIFORM COMMERCIAL CODE Commission merchants 604 UNIFORM CONSUMER CREDIT CODE STUDY COMMITTEE Continued 744 UNIFORM COUNTY COMMISSIONERS LAW Amended 24 UNIFORM LIMITED PARTNERSHIP ACT Amended 195 UNIFORM NARCOTIC DRUG ACT Amended 470 UNION COUNTY Industrial development authority 2635 Ordinary placed on salary 2182 Superior court court reporter 332 Superior court terms 476 UNITED STATES CONSTITUTION Ratification of nineteenth amendment 951

Page 1252

U. S. DEPARTMENT OF AGRICULTURE Lease of land authorized 404 UNLAWFUL PRACTICES BY REAL ESTATE BROKERS Defined, etc. 721 UNSOLICITED MERCHANDISE Deemed gift, etc. 565 UPSON COUNTY Consolidated board of tax assessors with City of Thomaston, proposed amendment to the Constitution 1036 County commissioners, powers 2854 County commissioners, salaries 2844 Deputy sheriffs, salaries 2851 Joint board of tax assessors with City of Thomaston 2487 URBAN REDEVELOPMENT LAW Amended, bonds 115 Applicable to certain counties (34,100-34,300) 722 URBAN TRANSIT SYSTEMS Sales and use tax on fares 16 USURY Insurance Premium Finance Company Act amended 567 Transactions involving real estate 174 V VALDOSTA, CITY OF Corporate limits, tax returns 3050 VETERANS Drivers licenses for spouses of disabled veterans 528 Homestead exemptions for certain disabled veterans, proposed amendment to the Constitution 996 Motor vehicle license plates to disabled veterans 315 316 VETO, GOVERNOR'S Procedure, etc. proposed amendment to the Constitution 1135

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VOLUNTARY STERILIZATION ACT Enacted 683 VONIER, WILLIAM C. Compensation for damages 3468 W WAGES Georgia Minimum Wage Law 153 WALTON COUNTY Coroner's salary 2478 County commissioners, election 2475 WALKER COUNTY Clerk of superior court, employees salaries 2003 County commissioner's salary 2047 Ordinary, employees salaries 2007 Sheriff's salary 2045 Tax commissioner, employees salaries 2005 WARE COUNTY County commissioners, salaries 2224 Sheriff's powers, proposed amendment to the Constitution 1115 Tax commissioner, proposed amendment to the Constitution 1123 WARNER ROBINS, CITY OF Charter amended 2627 WASHINGTON COUNTY Board of education, referendum 3104 Deputy sheriffs, etc. 3348 Tax commissioner, employees' salaries 2049 WATER Sales and use tax 254 WAYCROSS, CITY OF See also tabular indexMunicipalities, Home Rule Amendments . Mayor and commissioners, salaries 2222

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WAYNE COUNTY Hospital authority, members, referendum 3251 WEBSTER COUNTY Commissioner's clerk, salary 3119 WELFARE Georgia Public Assistance Act of 1965 amended 451 WEST, JAMES Compensation for damages 3465 WEST POINT, CITY OF Authority to convey described property 2329 Corporate limits, referendum 3476 WHEELER COUNTY Superior court court reporter 292 WHEELS Tires and wheels used on public roads 628 WHITAKER, MRS. HAZEL THOMAS Compensation for damages 3470 WHITE COUNTY County commissioner 2993 Superior court court reporters' compensation 96 WHITESBURG, CITY OF Charter amended 3345 WILDLIFE, CONTRABAND Seizure and disposal 466 WILKES COUNTY Small claims court Act amended 2954 WILKINSON COUNTY Small claims court 3008 Superior court court reporters' salaries 120

Page 1255

WILLS AND ADMINISTRATION OF ESTATES Fees of executors 523 Investments by executors and administrators 230 WOODBURY, CITY OF Corporate limits, referendum 3039 WOOD, HUBERT R. Compensation for damage 2916 WORD, DR. J. J. Compensation for damages 3456 WORKMEN'S COMPENSATION Administrative expense of State's self insurance program 541 Planning commissions 196 Merit system, etc. 17 State instrumentalities and authorities 235 Two permanent injuries 166 WORSHAM, MRS. JUANITA W. Compensation for damages 2922 WORTH COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Sylvester, etc. 3356 WORTH COUNTY Clerk of superior court, salary 3400 Clerk of superior court, sheriff and justice of the peace, fees 3358 Ordinary's salary 3402 Sheriff's salary, etc. 2280 Tax commissioners, salary 3360 Y YOU, HUBERT Compensation for damages 2930 YOUNG HARRIS, CITY OF Elections 2972

Page 1256

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 88,783 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

Page 1259

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 1261

MEMBERS OF THE GENERAL ASSEMBLY 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

Page 1263

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 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 Patton, E. Earl, Jr. 40th 38 Old Ivy Rd., N.E. Atlanta 30305 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 2017 Colonial Dr. Savannah 31406 Smalley, Robert H., Jr. 28th P. O. Box 198 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 Electric Plaza Bldg., Suite 527, 501 Pulliam St., S.W. Atlanta 30312 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

Page 1266

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. A1 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 198, 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. Electric Plaza Bldg., Suite 527, 501 Pulliam St., S.W., Atlanta 30312 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 Patton, E. Earl, Jr. 38 Old Ivy Rd., 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

Page 1268

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 111 361 Lee St., S.W., Atlanta 30310 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 P. O. Box 652 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 P. O. Box 1954 Albany 31702 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 Chandler, Philip M. 34-Post 2 P. O. Box 806 Milledgeville 30161 Chappell, Roy J., Sr. 42-Post 1 1809 Knox St., P. O. Box 428 Dublin 31021 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. Resigned (Eff. 3-1-70) 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 3190 Lynwood Dr., N.E., Atlanta 30319 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 30040 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 Griffin, R. A. Cheney 68-Post 2 P. O. Box 862 Bainbridge 31717 Gunter, Jack N. 6-Post 2 P. O. Box 396, Cornelia 30531 Hadaway, John H. 27 Hillsboro 31038 Hale, Maddox J. (Deceased 2-15-70) 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 Haas-Howell Bldg., 4th Floor Henderson, Dr.J.H. Atlanta 30303 Jack Jr. 117-Post 5 1290 Gresham Rd., Marietta 30060 Higginbotham, Joe 75-Post 4 3147 Robindale Rd., Decatur 30032 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 Manson, James D. 13-Post 2 P. O. Box 498, Snellville 30278 Matthews, Chappelle 16-Post 2 306 Southern Mutual 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 P. O. Box 550 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 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 1303 Lakemont 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 2100 Ben Hill Ave. Waycross 31501 Thomason, Larry W. 77-Post 3 406 Decatur Federal Building Decatur 30030 Thompson, Albert W. 85-Post 2 210 9th St., Columbus 31901 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 3460 Paces Place N.W., Atlanta 30314 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 2410 Campbellton Rd., 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 (Deceased 2-15-70) P. O. Box 457 Trenton 30752 1-Post 2 William J. Crowe (Resigned eff. 3-1-70) 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 1303 Lakemont 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 306 Southern Mutual 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. P. O. Box 652 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 Roy J. Chappell, Sr. P. O. Box 428 1809 Knox St. Dublin 31021 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 Henry 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 Metter 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 P. O. Box 1954 Albany 31702 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. 2100 Ben Hill Ave. 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 R. A. Cheney Griffin P. O. Box 862 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 30040 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 Higginbotham 3147 Robindale Rd. Decatur 30034 76 James E. Dean 3190 Lynwood Dr., N.E Atlanta 30319 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. Haas-Howell Bldg., 4th Floor, Atlanta 30303 95-Post 5 Gerald Talmadge Horton 212 Bolling Road, N.E. Atlanta 30305 96 Fred Winkles 2410 Campbellton Rd., 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 361 Lee St., S.W. Atlanta 30310 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 3460 Paces Pl., N.W., Atlanta 30314 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 1969 Georgia Laws Referendums Proposed Status Unknown Not Held Final Results 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 1969 48 3 2 43 TOTALS 575 28 30 517

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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 For 4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For 1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: 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. 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 For 1406 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 For 1637 Agn 1807 Habersham 2745 City of Clarkesville 2-16-54 For 154 Agn 164

Page 1290

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 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 For259 Agn189 Sumter 2972 Tax Millage 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 Georgia Laws, 1955: Baldwin 2830 County Commissioners 4-20-55 * * Special election held May 31, 1955 and 2 additional members elected. For1079 Agn716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton and Fulton 2884 City of College Park 5-14-55 For46 Agn13

Page 1291

Georgia Laws, 1955: 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. County Page No. SUBJECT Date of Election Result DeKalb 2806 Form of government 5-18-55 (1) Single Com. for750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206

Page 1292

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City Manager, City of Forest Park Status unknown Clayton (1 of 2) 2040 City of Forest Park Status unknown Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540

Page 1293

Georgia Laws, 1956: 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. County Page No. SUBJECT Date of Election Result Colquitt 2830 City of Moultrie 10-1-56 * * City vote: West Moultrie Area: For1986; Agn169 Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultire Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area vote: Area 1-West Moultrie Area: For99; Agn57 Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For 18,393 Agn 2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a) 4,743 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

Page 1294

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5-8-56 For215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5-1-56 For 109 Agn 90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area For 365; Agn 400 Thomas 3159 Certain county officers on salary basis 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159

Page 1295

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831 Georgia Laws, 1957: 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. Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For 617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For 73 Agn 181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For 485 Agn 99

Page 1296

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5-8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For325 Agn 720 Douglas 2358 City of Douglasville 5-3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For 784 Agn 924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5-8-57 For 656 Agn 934

Page 1297

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 Georgia Laws, 1958: 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. 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 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283

Page 1298

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Chattahoochee 2554 Compensation of Sheriff 11-4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park 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: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96

Page 1299

Georgia Laws, 1958: 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. County Page No. SUBJECT Date of Election Result Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2-City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Fulton Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton Clayton 3212 City of East Point 7-16-58 For 63 Agn 28

Page 1300

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: 2279 For203; Agn256 Hall Gainesville City Commission 4- 1-58 For 925 Agn 169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For 346 Agn 206 City vote: Henry 3132 City of Stockbridge 4-30-58 For61; Agn 75 Outside City: For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Ang 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57

Page 1301

Georgia Laws, 1958 (Continued) County Page No. SUBJECT Date of Election Result Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2697 City of Tifton 5- 7-58 For 669 Agn 48 Tift 2696 City of Tifton 4-30-58 For 333 Agn 286 Tift 2930 City of Tifton Commissioners 5-28-58 For 338 Agn 338 Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held Georgia Laws, 1959: 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. 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

Page 1302

Georgia Laws, 1959 (Continued) County Page No. SUBJECT Date of Election Result Bartow 2920 City of Kinston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn 2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4- 4-59 For 1522 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 4-12-60 For 5 Agn 49 Colquitt 2397 TaxationCity of Norman Park 6- 8-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4- 8-59 For 755 Agn 417 Dougherty 3064 City of Albany 5-25-59 For 1413 Agn 710 Douglas 2871 City of Lithia Springs 8-25-59 For 241 Agn 569

Page 1303

Georgia Laws, 1959 (Continued) 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. County Page No. SUBJECT Date of Election Result 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 For 1041 Agn 203 Elbert 2624 Certain County officers on salary basis 4- 8-59 For 1014 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: For 387; Agn 75 County vote: For 86; Agn 291

Page 1304

Georgia Laws, 1959 (Continued) County Page No. SUBJECT Date of Election Result Polk 2732 Certain County officers on a salary basis 3-16-60 For 4388 Agn 1624 Toombs 2010 County Commissioners 4- 8-59 For 1510 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 Agn 1629 Georgia Laws 1960: Banks 3035 County Commissioners 9-14-60 For 1197 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: For 1902; Agn 4288 Outside City vote: For 1902; Agn 7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 270 Agn 522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For 320; Agn 146 Douglas and Cobb 2118 City of Austell 3-26-60 For 27 Agn 38

Page 1305

Georgia Laws, 1960 (Continued) 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. County Page No. SUBJECT Date of Election Result 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 Agn 2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 Within City vote: For 379; Agn 107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For 2296 Agn 1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County officers on salary basis 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For 61; Agn 35 Outside City vote: Houston 2605 Tax Commissioner 11- 8-60 Agn 959 For 41; Agn 83 Jefferson 2913 Town of Avera Status unknown For 4057

Page 1306

Georgia Laws, 1960 (Continued) County Page No. SUBJECT Date of Election Result Lamar 2294 Certain County officers on salary basis 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Status unknown Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952

Page 1307

Georgia Laws, 1960 (Continued) 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. County Page No. SUBJECT Date of Election Result Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and creation of Advisory Board. 3-16-60 For418 Agn297 Walton 2056 Certain County officers on salary basis 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806

Page 1308

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Void1 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Void3 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Void2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For886; Agn759 Zone No. 2: For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held

Page 1309

Georgia Laws, 1961: (Continued) 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. County Page No. SUBJECT Date of Election Result Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Void1 Forsyth 2252 City of Cumming 4-1-61 City vote: For108; Agn26 Outside City vote: For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For45; Agn25 Outside City vote: For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 Abolish office Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County officers compensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245

Page 1310

Georgia Laws, 1961 (continued) County Page No. SUBJECT Date of Election Result 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

Page 1311

Georgia Laws, 1962: 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. County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6-1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5-9-62 For 1 Agn 3 Fulton 2854 City of East Point 5-9-62 For 1 Agn 6 Fulton 2861 City of East Point 5-9-62 For 6 Agn 31 Fulton 3130 City of East Point 5-9-62 For 25 Agn 22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11-6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held

Page 1312

Georgia Laws, 1962 (continued) County Page No. SUBJECT Date of Election Result 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 4-11-62 Muscogee County For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexingtonabolish 11-6-62 For 392 Agn 180 Putnam 2440 Certain county officers, compensation 11-6-62 For 626 Agn 129

Page 1313

Georgia Laws, 1962 (continued) 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. County Page No. SUBJECT Date of Election Result 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

Page 1314

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 Clerical help in office of the County Commissionercompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical helpcompensation 4-10-63 For 511 Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, equipment and uniforms 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For 15 Agn 0 Bleckley 2382 Tax Commissionercreation of office 6-5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5-1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissionerscreation of 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Status unknown DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842

Page 1315

Georgia Laws, 1963 (continued) 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. County Page No. SUBJECT Date of Election Result Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For 243 Agn 44 Outside City: For 81 Agn 41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9-3-63 For 1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5-7-63 For 1127 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

Page 1316

Georgia Laws, 1963 (continued) County Page No. SUBJECT Date of Election Result Talbot 2185 Board of County Commissioners 5-22-63 For 259 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 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For 1281 Agn 130

Page 1317

Georgia Laws, 1964: 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. 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 For2003 Agn1612 Dodge 2954 City of Empirenew charter 6-2-64 For 55 Agn 71 Fulton 2478 City of Union Citycharter repeal 5-8-64 For 214 Agn 279 Gwinnett 2733 City of Suwaneenew charter 5-11-64 For 90 Agn 4 Hancock 2088 Sheriff, Ordinary and Clerk Superior 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

Page 1318

Georgia Laws, 1964 (continued) County Page No. SUBJECT Date of Election Result 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 For 1868 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 For 1822 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 For 1685 Agn 639 Tift 2208 City of Tiftoncommissioners powers 4-22-64 For 281 Agn 216 Tift 2361 City of Tiftoncharter amendment 4-22-64 For 136 Agn 368

Page 1319

Georgia Laws, 1964 (continued) 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. County Page No. SUBJECT Date of Election Result Tift 2900 Board of County Commissionersmembership 5-13-64 For 1992 Agn1290 Tift 3069 Board of county commissionersprovide bids 5-13-64 For 2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For 4695 Agn 285 Walker 2018 Tax Commissionercreation of 2-18-64 For 4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For 4655 Agn 298 Walker 2643 Fire prevention districtsestablishment 2-15-65 For 246 Agn 41 (Fire district commissionerselected) 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissionercreation of Not held * * Ware CountyAct declared unconstitutional by court order and no election was held. Whitfield 2175 Board County Commissionerscreation of 3-20-64 For 3817 Agn2807 Wilkinson 2314 Tax Commissionercreation of 11- 3-64 For 933 Agn 863

Page 1320

Georgia Laws, 1964 (continued) County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffprovide annual salary 7-15-64 For 464 Agn 529 Barrow 2347 City of Windercharter amendment 9- 9-64 For 507 Agn 372 Cobb 2075 Board of county commissionerscreation of 7- 8-64 For 7297 Agn2791 Cobb 2179 City of Elizabethnew charter 10- 6-64 Not certified Dooly 2052 City of Byromvillecorporate limits Not held Fulton 2342 City of Alpharettacorporate limits 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 (Ad valorem tax for school purposes) Agn 410 Troup 2350 Small Claims and Committal Courtestablishment of LaGrange 11- 3-64 ** ** Troup County: Vote not known; Ordinary advises that Act was not ratified. Worth 2116 City of Sylvesternew charter 12- 2-64 For 216 Agn 32

Page 1321

Georgia Laws, 1965: 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. 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 For 1148 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 For 1847 Agn1657 Jackson 3408 City of Jeffersoncharter amendments Status unknown

Page 1322

Georgia Laws, 1965 (continued): Referendum Elections for the year 1965 County Page No. Subject Election Date of Result 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

Page 1323

Georgia Laws, 1966: 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. 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 For1004 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 Agn3759 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

Page 1324

Georgia Laws, 1966 (continued) County Page No. Subject Date of Election Result Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Recreating the Board of County Commissioners 11-8-66 For4842 Agn 4335 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 Agn 2994 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 Agn 1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page 1325

Georgia Laws 1967: 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. 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

Page 1326

Georgia Laws 1967 (Continued) County Page No. SUBJECT Date of Election Result Echols 3491 City of Statenvillecharter amendment 5-15-67 For62 Agn106 Floyd 2163 City of Romecharter amendment 4-26-67 For333 Agn794 Gordon 2898 Fire protection services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridgecharter amendment 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robinscharter amendment 4-25-67 For2292 Agn680 Houston 3241 Appointment of county school superintendent 11-7-67 For1001 Agn2317 Houston 3244 Election of members of county board of education 11-7-67 For2559 Agn757 Lowndes 2118 Creation of the Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenvillenew charter 4-3-67 For41 Agn0 Murray 2458 City of Chatsworthcharter amendment 5-31-67 For154 Agn19 Newton 2405 Creation of new county board of education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissionerscreation of 5-3-67 For1301 Agn540

Page 1327

Georgia Laws 1960 (Continued) 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. County Page No. SUBJECT Date of Election Result Pike 2448 Create office of Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 Election of members of county board of education, etc. 9-6-67 For441 Agn65 Polk 2718 Election of members of county board of education 11-5-68 * * Date of General Election in 1968. For3306 Agn1245 Pulaski 3463 Pulaski County and City of Hawkinsville school merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionerchange compensation, etc. 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 Election of members of county board of education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 * For1097 Agn88 Thomas 2115 City of Thomasvilletax rate for schools 3-28-67 For841 Agn398 Turner 2694 City of Sycamorecharter amendment 5-26-67 For162 Agn51 Union 3064 Sheriff's salary 6-28-67 For235 Agn790 Whitfield 2277 City of Daltoncharter amendment 4-19-67 For516 Agn607

Page 1328

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of county commissioners created 4-17-68 For591 Agn216 Bacon 3542 Office of Tax Commissioner created 6-11-68 For400 Agn321 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 Agn7,193 Bleckley 2278 City of Cochranchange corporate limits 6-19-68 For351 Agn781 Candler 2446 County Board of Educationcreated 5-7-68 For296 Agn467 Carroll 2256 County School Superintendentappointment of 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Educationelection of members 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkstoncharter amendment 9-11-68 For118 Agn145 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 For4 Agn20

Page 1329

Georgia Laws, 1968 (Continued) 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. County Page No. SUBJECT Date of Election Result Cherokee 3751 Cherokee County School Systemchange districts 11-5-68 * * Date of General Election in year 1968. For2,042 Agn1,755 Coffee 2177 County Board of Educationcreation of new board 4-24-68 For546 Agn1,101 Coffee 2181 County Commissionerscreation of new board 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultriecharter amendment 4-23-68 For540 Agn715 Columbia 2708 County Board of Educationelection of members 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Educationelection of members 5-1-68 For971 Agn1,104 Decatur 2735 City of Bainbridgecharter amendment 6-5-68 For292 Agn137 Douglas 2262 Appointment of county school superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Educationelection members 5-21-68 For498 Agn686 Echols 3514 County Board of Educationelection members 11-5-68 * For457 Agn38 Emanuel 2487 County Board of Educationelection members 4-24-68 For405 Agn633 Evans 3722 City of Daisyincorporation of City Status Unknown Glynn 2914 Brunswick-Glynn County Charter Commission Not held to date

Page 1330

Georgia Laws, 1968 (Continued) County Page No. SUBJECT Date of Election Result 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 * * Date of General Election in year 1968. 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

Page 1331

Georgia Laws, 1968 (Continued) 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. County Page No. SUBJECT Date of Election Result 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

Page 1332

Georgia Laws, 1969 County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersvillenew charter 6-19-69 For 180; Agn 277 Bibb 3331 Board of Electionscreation of 9-17-69 Inside City Limits For 5892 Agn 2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Educationcreation of 5-22-69 For 422; Agn 566 Camden 3543 Tax Commissionercreation of office 9-9-70 * * Date of state-wide Primary Election in 1970. Candler 2230 City of Mettercharter amendment 5-6-69 For 326; Agn 86 Charlton 2665 County Board of Educationcreation of 7-15-69 For 143; Agn 287 Chatham 2584 City of Garden Citycorporate limits 6-2-69 Status Unknown Cherokee 2829 County Board of Educationcreation of 6-17-69 Sec. 1 For 1600; Agn 718 Sec. 2 For 624; Agn 1657 Clarke 3028 County board of Educationcreation of 7-15-69 For 1722; Agn 1738 Cobb 2475 Cobb County School Districtcreation of 5-14-69 For 773; Agn 179 Colquitt 2559 County board of Educationcreation of 6-4-69 For 1071; Agn 1265 Coweta 2784 City of Newnancorporate limits 7-2-69 For 113; Agn 584 Crisp 3806 City of Cordelenew charter 6-18-69 For 299; Agn 245

Page 1333

Georgia Laws, 1968 (Continued) 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. County Page No. SUBJECT Date of Election Result DeKalb 2501 City of Doravillecharter amendment 5-24-69 Tract No. 1 For 15; Agn 130 Tract No. 2 For 40; Agn 103 Effingham 3964 City of Guytoncharter amendment 6-4-69 For 128; Agn 179 Fannin 2637 Tax Commissionercreation of office 11-3-70 # # Date of November General Election in 1970. Fannin 2641 Board of County Commissionerscreation 11-3-70 # Fulton 4098 City of Fairburncorporate limits 7-28-69 Sec. 1 Vickers Rd. For 3; Agn 3 Sec. 2 Bohannon Rd. For 8; Agn 1 Gwinnett 3960 City of Lawrencevillecharter amendment 5-21-69 Inside city limits: For 289; Agn 127 Outside city limits: For 22; Agn 198 Gilmer 2606 City of Ellijaycorporate limits 6-25-69 For 139; Agn 288 Hall 2346 City of Murrayvillenew charter 6-11-69 For 81; Agn 104 Houston 3647 City of Warner Robinscharter amendment 6-17-69 For 1512; Agn 2064 Houston 3920 City of Warner Robinscorporate limits 10-14-69 City vote: For 2134; Agn 694 County vote: For 38; Agn 205 Houston 3927 City of Warner Robinscharter amendment Jackson 2987 City of Jeffersoncorporate limits 7-21-69 For 88; Agn 171

Page 1334

Georgia Laws, 1969 (Continued) County Page No. SUBJECT Date of Election Result Laurens 2270 City of Dublincorporate limits 5-28-69 For121; Agn106 Lincoln 3352 Treasurerabolition of office 11-3-70# Muscogee 3356 City of Columbuscorporate limits 6-25-69 For15,707, Agn7761 Muscogee 3571 Muscogee County Charter Commissioncreation of Status Unknown Pickens 3066 County School Superintendentappointment of 7-2-69 For52; Agn885 Putnam 2670 Sheriffcompensation of 6-12-69 For282; Agn409 Putnam 3126 Tax Commissionercompensation of Not Held Putnam 3130 Ordinarycompensation of 6-12-69 For372; Agn328 Putnam 3594 Clerk Superior Courtcompensation of 6-12-69 For283; Agn408 Putnam 3598 Board of County Commissionerscompensation of 6-12-69 For218; Agn470 Putnam 3900 Coronercompensation in certain counties 6-12-69 For290; Agn403 Pulaski 3915 City of Hawkinsvillecorporate limits 10-14-69 City Hawkinsville Inside proposed area: For271; Agn82 Pulaski County Outside the proposed area: For35; Agn162 Spalding 3687 Small Claims Court of Spalding Countycreation of 7-29-69 For795; Agn447 Seminole 2590 Small Claims Court of Seminole Countycreation of 6-4-69 For221; Agn175

Page 1335

Georgia Laws, 1969 (Continued) *Date of state-wide Primary Election in 1970.#Date of November General Election in 1970.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. County Page No. SUBJECT Date of Election Result Stewart 2264 County board of educationelection date changed, etc. 5-14-69 For 91; Agn 12 Telfair 3641 County Board of Educationincrease membership 8-26-69 For277; Agn437 Thomas 3562 Towns of Meigscorporate limits Not Held Tift 2674 City of Tiftoncorporate limits 6-25-69 City Area: For645; Agn578 Proposed Area: For433; Agn499 Toombs 3241 City of Lyonscorporate limits 6-25-69 For 3; Agn 0 Toombs 3244 City of Lyonscorporate limits 6-25-69 For 2; Agn34 Washington 2467 City of Sandersvillecharter amendment 6-25-69 Status Unknown Whitfield 2529 City of Cohuttanew charter 5-28-69 For 84; Agn 11 Walker 4014 City of Rossvillenew charter 7-5-69 For118; Agn293

Page 1336

Ben M. Portson, Jr. Secretary of State Secretary of State State Capital Atlanta 30334 October 16, 1969 Honorable Lester Maddox Governor of Georgia State Capitol Atlanta, Georgia Dear Governor Maddox: When the local Constitutional Amendments were certified to your office for proclamation purposes, one of the amendments was certified incorrectly as to the votes cast Against the question. Amendment No. 24, affecting only Baldwin County, was shown as having passed and was so proclaimed by you; however, the figure listed for the vote cast against this amendment was transposed and the amendment was actually defeated. Properly, Amendment No. 24 should read as follows: FOR: 2,559 votes; AGAINST: 2,610 votes The votes listed on the consolidated return sheet for constitutional amendments from Baldwin County were correct; the error was made when the tabulation was prepared by this office, and I am very sorry for any inconvenience caused to all concerned. Very truly yours, Secretary of State BWF/ls cc: Ordinary, Baldwin County

Page 1337

A PROCLAMATION BY THE GOVERNOR: WHEREAS: On the 13th day of December, 1968, the proposed amendment which was not general and which was numbered 24 on the November 1968 General Election ballot was proclaimed as 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 and said amendment was declared to be a part of the Constitution of the State of Georgia; and WHEREAS: The Secretary of State on October 16, 1969, has certified to me that he has re-examined his certification to me relative to the votes in favor of ratifying and the votes against ratifying the proposed Constitutional amendments submitted at the November 1968 General Election held on Tuesday, November 5, 1968, and that figures reading 2,016 for votes cast against the proposed Constitutional amendment numbered 24 on the ballot relating to Baldwin County was transposed and should have read 2,610; and WHEREAS: The proposed amendment numbered 24 was not ratified; the votes in favor of ratifying the proposed amendment being 2,559 votes and the votes against ratifying the proposed amendment being 2,610; and WHEREAS: Pursuant to the aforesaid certification of Honorable Ben W. Fortson, Jr., Secretary of State, dated October 16, 1969, the proclamation dated December 13, 1968, showing said proposed amendment numbered 24 relating to Baldwin County as being ratified should be amended to reflect that said amendment was not ratified. THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proclamation dated December 13, 1968, relating to the ratification and failure of ratification of certain local Constitutional amendments including proposed amendment numbered 24 on the ballot relative to Baldwin County be and the same is Ballot Number Proposed Amendment and Political Subdivision or Subdivisions Affected In Favor of Ratification Against Ratification 24. BALDWIN COUNTY 2,559 2,610 Proposed amendment to the Constitution to provide that the governing authority of Baldwin County shall be authorized to levy an annual

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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 registration; and to provide that the tax collector of Baldwin County shall collect such taxes. FURTHER: That the portion of said proclamation which reads as follows: 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. be amended to read as follows: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 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. FURTHER: That the portion of said proclamation which reads as follows: 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

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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. be amended so as to read as follows: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 24, 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. 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 20th day of October, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Fourth.

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State