Acts and resolutions of the General Assembly of the state of Georgia 1972 [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 19720000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1972 19720000 Compiled and Published by Authority of the State

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Compiler's Note To speed publication, the Acts and Resolutions of the 1972 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 1342. The proposed amendments to the Constitution were grouped together beginning at page 1344, except for the lease on page 1578 which was inadvertently placed with the proposed constitutional amendments. A complete index follows. 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 1971 and 1972 are printed in Volume Two beginning on page 4181. Home Rule Actions for Counties filed in the Office of Secretary of State during 1971 and 1972 are printed in Volume Two beginning on page 4173. There are no intervening pages between 1826 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.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1972 WORKMEN'S COMPENSATIONSUBROGATION SECTION REPEALED. Code 114-403 Repealed. No. 820 (Senate Bill No. 238). An Act to repeal Code section 114-403, relating to the right of subrogation by employers and others, as amended, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 114-403, relating to the right of subrogation by employers and others, as amended, which reads as follows: 114-403. Damages and compensation both recoverable; subrogation. Whenever any person is called upon to pay compensation, medical expenses and/or funeral expenses on

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account of injury or death compensable under this Title, and such person contends that a person or persons other than the employer is liable to pay damages, on account of such injury or death, to the injured employee or those entitled to recover for the employee's death, such person called upon to make such payment may give to the persons contended to be so liable and to the injured employee or those entitled to recover on account of his death written notice of such contention and of the fact that the person giving notice is required to make such payment. Upon giving such written notice, the person called upon to make such payment shall be subrogated, to the extent of the compensation medical expenses and/or funeral expenses payable, to all rights arising out of the injury or death which the injured employee or those entitled to recover on account of his death shall have against such notified persons, and shall have a lien therefor against the net recovery of any judgment or settlement recovered by the injured employee or those entitled to recover on account of the employee's death against any of the persons so notified., Code 114-403 repealed. is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1972. GEORGIA INSURANCE CODE AMENDED. Code 56-1304 Amended. No. 821 (House Bill No. 1214). An Act to amend an Act known as the Georgia Insurance Code approved March 8, 1960, (Ga. L. 1960, p. 289, et seq.), as amended, so as to provide for the installment payment of annual premium taxes on a quarterly basis; to provide a penalty for the failure to make such quarterly

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installment 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 known as the Georgia Insurance Code approved March 8, 1960, (Ga. L. 1960, p. 289, et seq.), as amended, is hereby amended in Chapter 56-13 by striking Code section 56-1304 in its entirety and substituting in lieu thereof a new Code section 56-1304, to read as follows: 56-1304. Time of payment of tax on insurance premiums; returns. (1) The annual premium taxes required herein shall be paid to the Commissioner annually on or before March 1 following the close of the preceding calendar year upon all such premiums received during that calendar year. At the same time each such insurance company shall file with the Commissioner an annual return on a form prescribed by the Commissioner showing, by quarters, the gross direct premiums received during the preceding calendar year and the installment payments made during that year. Code 56-1304 amended. (2) Installments of the annual premium taxes shall be due and payable for each calendar quarter on the 20th day of March, June, September and December in each year based upon the estimated amount of gross direct premiums received during that calendar quarter. A final payment of tax due for the year shall be made at the time each such insurance company files its annual return for such year. (3) Any such insurance company which fails to report and pay any installment of tax, or which estimates any installment of tax to be less than 80% of the amount finally shown to be due in any quarter, shall be subject to a penalty of 10% of the amount of any underpayment of taxes due and payable for that quarter but the amount of such penalty shall not exceed the amount of the general penalty otherwise prescribed by law. Any such insurance company paying, for each installment required herein, twenty-five percent (25%)

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of the amount of the annual premium taxes reported on its annual return for the preceding year shall not be subject to any penalty. (4) Subsections (2) and (3) of this section shall not apply to any such insurance company whose annual premium taxes for the immediately preceding calendar year was less than five hundred dollars ($500.00). Section 2. This Act shall become effective April 1, 1972. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1972. REVENUECURRENT INCOME TAX PAYMENT ACT OF 1960 AMENDED. No. 822 (House Bill No. 1368). 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, particularly as amended by an Act approved April 18, 1967, (Ga. L. 1967, p. 780), and an Act approved February 26, 1970, (Ga. L. 1970, p. 107), so as to change the dates and provide the manner for reporting and paying the amount of tax withheld from employees' wages under certain 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. 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, particularly as amended by an Act approved April 18, 1967, (Ga. L. 1967, p. 780), is hereby amended by striking the word last in the second sentence of subsection (a) and inserting the word

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20th therein, so that the amended subsection (a) of section 5 shall read as follows: (a) Quarterly Returns. Every employer required to deduct and withhold any tax under this Act, and every person who deducts and withholds any amount from any wage payments under the authority of this Act shall make a calendar quarterly return to the Commissioner on a form prescribed by him and shall pay therewith the tax required to be paid under this Act for such calendar quarter, or the amount withheld from employees' wages during such calendar quarter under the authority of this Act. Such quarterly return and the payment of the required tax shall be due not later than the 20th day of the month following the close of the calendar quarter. Provided: that no such calendar quarterly return shall be due and no tax owing or withheld shall be paid under the provisions of this subsection for any or all of the first three calendar quarters of the calendar year until the tax required to be paid or the amount withheld from employees' wages for such calendar quarter or quarters equals or exceeds fifty dollars ($50.00) or until the fourth calendar quarterly return is due, whichever occurs first; provided: further, that the extension of time contained in this provision for reporting and for paying the amount withheld from employees' wages or the tax required to be paid by this Act shall in no way affect any other provision of this Act. Quarterly returns. Section 2. 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, particularly as amended by an Act approved February 26, 1970, (Ga. L. 1970, p. 107), is hereby amended by striking in its entirety subsection (c) thereof and inserting a new subsection (c) to read as follows: (c) If the cumulative amount of taxes deducted and withheld or which should be deducted and withheld in any period or periods under authority of this Chapter exceeds $150, the amount deducted and withheld or which should have been deducted and withheld shall be due and shall be paid to the Commissioner on the 20th calendar day following

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the period in which such amount exceeds $150 so that if such amount exceeds $150 during the first period of the month, the amount shall be due and shall be paid on the 20th of the month, and if such amount exceeds $150 during the second period of the month, it shall be due and shall be paid on the 20th day of the next month. For purposes of this subsection, the calendar month is divided into two periods: from the 1st through the 15th calendar day, and from the 16th calendar day through the last day of the month. Amounts and when due. Division of calendar month. The Commissioner may provide rules and regulations to permit employers to make estimated payments of the amounts deducted and withheld or which should be deducted and withheld if, in the determination of the Commissioner, the employer is unable to determine the actual amount deducted and withheld or which should be deducted and withheld for such period. Estimated payments. Amounts paid under this subsection shall be included in the quarterly return for the calendar quarter which includes the month for which such payments are made and such payments shall be credited against the amount shown to be due on the quarterly return. Section 3. This Act shall become effective April 1, 1972. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1972. REVENUEGEORGIA RETAILERS' AND CONSUMERS' SALE AND USE TAX ACT AMENDED. No. 823 (House Bill No. 1471). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to provide that dealers shall remit on or before the 20th day

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of the month fifty percent (50%) of the estimated tax liability for such month where such estimated tax liability exceeds $2,500.00; to provide for certain exceptions; to provide a definition of estimated tax liability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by renumbering subsection (a) of section 16 as paragraph (1) of subsection (a) and adding a new paragraph to be designated as paragraph (2) of subsection (a) of section 16, to read as follows: (a) (2). If the `estimated tax liability' as herein defined of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the State Revenue Commissioner not less than fifty percent (50%) of the `estimated tax liability' for such taxable period on or before the 20th day of such period; provided, however, that if the twentieth day falls on a Saturday, Sunday or holiday, the dealer may remit the same no later than the first working day thereafter. The amount of such payment of the estimated tax liability shall be credited against the amount to be due on the return required under paragraph (1). Such estimated tax liability shall be based on the dealer's average monthly payments for the last fiscal year, or dealer's payment for the corresponding month of the last fiscal year; provided, however, that no dealer shall fall under this section or have an `estimated tax liability' unless during the previous fiscal year his monthly payments exceed $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any `estimated tax liability' . Remittance of tax, time. Section 2. This Act shall become effective on April 1, 1972. Effective date.

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Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 23, 1972. FOOD AND DRUG ACT AMENDED. Code Chapter 42 Amended. No. 825 (House Bill No. 467). An Act to amend Code Title 42, relating to Food and Drugs, as amended, so as to comprehensively revise the laws relating to the registration and labeling of commercial feeds, the inspection, sampling and analysis of commercial feeds and customer formula feeds, the withdrawal, condemnation and confiscation of commercial feeds, and the adulteration and misbranding of commercial feeds; to provide for definitions; to provide a registration fee; to prohibit the manufacture, sale or distribution of any commercial feed or agricultural commodities which are adulterated or misbranded; to prohibit a person from taking advantage of the information gained under authority of this Act; to prohibit the failure or refusal to register in accordance with the Act; to prohibit the removal or disposal of commercial feed in violation of an order relating to detained commercial feeds; to prohibit the Commissioner of Agriculture from waiving any penalty imposed by this Act; to provide for the Commissioner of Agriculture to establish rules and regulations; to provide for the Commissioner of Agriculture to establish standards of commercial feeds; to provide penalties; to provide exemptions; to provide for the Commissioner of Agriculture to cooperate with other entities; to allow the Commissioner of Agriculture to publish information concerning commercial feed; to provide an effective date; to provide for severability; to repeal an Act relating to the regulation and the sale of feed stuffs, approved March 6, 1945 (Ga. L. 1945, p. 213), as

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amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 42, relating to Food and Drugs, as amended, is hereby amended by striking Code Chapter 42-2, relating to Concentrated Commercial Feeding Stuffs, as amended, in its entirety and inserting in lieu thereof a new Code Chapter 42-2 to read as follows: CODE CHAPTER 42-2 GEORGIA COMMERCIAL FEED LAW 42-201. Enforcing Official. This Chapter shall be administered by the Commissioner of Agriculture of the State of Georgia, hereinafter referred to as the `Commissioner'. Code Chapter 42-2 enacted. 42-202. Definitions. When used in this Chapter: (a) The term `person' includes individual, partnership, corporation, and association. (b) The term `distribute' means to offer for sale, sell, exchange, or barter, commercial feed. (c) The term `distributor' means any person who distributes. (d) The term `commercial feed' means all materials except whole unmixed seed when not adulterated within the meaning of Code section 42-206(a), which are distributed for use as feed or for mixing in feed: Provided, that the Commissioner by regulation may exempt from this definition, or from specific provisions of this Chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not inter-mixed or mixed with other materials, and are not adulterated within the meaning of Code section 42-206(a).

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(e) The term `feed ingredient' means each of the constituent materials making up a commercial feed. (f) The term `mineral feed' means a commercial feed intended to supply primarily mineral elements or inorganic nutrients. (g) The term `drug' means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body. (h) The term `customer-formula feed' means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser. (i) The term `manufacture' means to grind, mix or blend, or further process a commercial feed for distribution. (j) The term `brand name' means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. (k) The term `product name' means the name of the commercial feed which identifies it as to kind, class, or specific use. (l) The term `label' means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. (m) The term `labeling' means all labels and other written, printed, or graphic matter (1) upon a commercial feed or any of its containers or wrapper or (2) accompanying such commercial feed.

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(n) The term `ton' means a net weight of two thousand pounds avoirdupois. (o) The terms `per cent' or `percentages' means percentages by weights. (p) The term `official sample' means a sample of feed taken by the Commissioner or his agent in accordance with the provisions of Code section 42-209(c), (e), or (f). (q) The term `pet food' means any commercial feed prepared and distributed for consumption by pets. (r) The term `pet' means any domesticated animal normally maintained in or near the household of the owner thereof. (s) The term `owner' means a corporation or the stockholders thereof, a partnership, or an individual. 42-203. Registration. (a) No person shall manufacture a commercial feed in this State, unless he has filed with the Commissioner on forms provided by the Commissioner, his name, place of business and location of each manufacturing facility in this State. (b) No person shall distribute in this State a commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this Code Section. The application for registration shall be submitted in the manner prescribed by the Commissioner. There shall be levied a registration fee of $2 per annum for each commercial feed, brand or product name registered. Upon approval by the Commissioner the registration shall be issued to the applicant. All registrations expire on the 31st day of December each year. (c) The Commissioner is empowered to refuse registration of any commercial feed not in compliance with the provisions of this Chapter and to cancel any registration subsequently found not to be in compliance with any provision of this Chapter: Provided, that no registration shall

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be refused or canceled unless the registrant shall have been given an opportunity to be heard before the Commissioner and to amend his application in order to comply with the requirements of this Chapter. 42-204. Labeling A commercial feed shall be labeled as follows: (a) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information: (1) The net weight. (2) The product name and the brand name, if any, under which the commercial feed is distributed. (3) The guaranteed analysis stated in such terms as the Commissioner by regulation determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the Association of Official Analytical Chemists. (4) The common or usual name of each ingredient used in the manufacture of the commercial feed: Provided, that the Commissioner by regulation may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers. (5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed. (6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the Commissioner may require by regulation as necessary for their safe and effective use.

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(7) Such precautionary statements as the Commissioner by regulation determines are necessary for the safe and effective use of the commercial feed. (b) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information: (1) Name and address of the manufacturer. (2) Name and address of the purchaser. (3) Date of delivery. (4) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used. (5) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the Commissioner may require by regulation as necessary for their safe and effective use. (6) Such precautionary statements as the Commissioner by regulation determines are necessary for the safe and effective use of the customer-formula feed. 42-205. Misbranding. A commercial feed shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular. (b) If it is distributed under the name of another commercial feed. (c) If it is not labeled as required in Code section 42-204. (d) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial

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feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the Commissioner. (e) If any word, statement, or other information required by or under authority of this Chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. 42-206. Adulteration. A commercial feed shall be deemed to be adulterated: (a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this paragraph if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or (2) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive); or (3) If it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act; or (4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408 (a) of the Federal Food, Drug, and Cosmetic Act: Provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has

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been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408 (a), of the Federal Food, Drug, and Cosmetic Act; or (5) If it is, or it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act. (b) If any valuable constituent has been in whole or part omitted or abstracted therefrom or any less valuable substance substituted therefor. (c) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling. (d) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the Commissioner to assure that the drug meets the requirement of this Chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the Commissioner shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in this State.

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(e) If it contains viable or poisonous weed seeds in amounts exceeding the limits which the Commissioner shall establish by rule or regulation. 402-207. Prohibited Acts. The following acts and the causing thereof within the State of Georgia are hereby prohibited: (a) The manufacture or distribution of any commercial feed that is adulterated or misbranded. (b) The adulteration or misbranding of any commercial feed. (c) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of Code section 42-206(a). (d) The removal or disposal of a commercial feed in violation of an order under Code section 42-210. (e) The failure or refusal to register in accordance with Code section 42-203. (f) The violation of Code section 42-211(f). (g) The waiving by the Commissioner of any penalties imposed under the provisions of this Chapter. 42-208. Rules and Regulations. (a) The Commissioner is hereby authorized to establish standards for commercial feeds. (b) The Commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this Chapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this Chapter. In the interest of uniformity the Commissioner, by regulation, shall adopt, unless he determines that they are inconsistent with the

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provisions of this Chapter or are not appropriate to conditions which exist in this State, the following: (1) The Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials and published in the Official Publication of that organization, and (2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (U.S.C. Sec. 301, et seq.); Provided, that the Commissioner shall have the authority under this Chapter to promulgate such regulations. 42-209. Inspection, Sampling, and Analysis. (a) For the purpose of enforcement of this Chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the Commissioner, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized (1) to enter, during normal business hours, any factory, warehouse, or establishment within the State in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (2) to inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the Good Manufacturing Practice Regulations established under Code section 42-206(d). Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified. (b) If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained

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a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. (c) If the owner of any factory, warehouse, or establishment described in paragraph (a), or his agent, refuses to admit the Commissioner or his agent to inspect in accordance with paragraph (a), the Commissioner is authorized to obtain from any State Court a warrant directing such owner or his agent to submit the premises described in such warrant to inspection. (d) For the purpose of the enforcement of this Chapter, the Commissioner or his duly designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, to examine records relating to distribution of commercial feeds. (e) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists, or in accordance with other generally recognized methods. (f) The results of all analyses of official samples shall be forwarded by the Commissioner to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within 10 days following receipt of the analysis the Commissioner shall furnish to the registrant a portion of the sample concerned. (g) The Commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in paragraph (p) of Code section 42-202 and obtained and analyzed as provided for in paragraphs (c), (e), and (f) of Code section 42-209 of this Chapter. 42-210. Detained Commercial Feeds. (a) `Withdrawal from distribution' orders: When the Commissioner or his

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authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this Chapter or of any of the prescribed regulations under this Chapter, he may issue and enforce a written or printed `withdrawal from distribution' order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the Commissioner or the Court. The Commissioner shall release the lot of commercial feed so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within 30 days, the Commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation. (b) `Condemnation and Confiscation': Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the Commissioner to the superior court of the county in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this Chapter and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State: Provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or re-label said commercial feed to bring it into compliance with this Chapter. 42-211. Penalties. (a) Any person convicted of violating any of the provisions of this Chapter or who shall impede, hinder, or otherwise prevent, or attempt to prevent, said Commissioner or his duly authorized agent in performance of his duty in connection with the provisions of this Chapter, shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (b) Nothing in this Chapter shall be construed as requiring the Commissioner or his representative to: (1) report for prosecution, or (2) institute seizure proceedings, or (3)

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issue a withdrawal from distribution order, as a result of minor violations of the Chapter, or when he believes the public interest will best be served by suitable notice or warning in writing. (c) It shall be the duty of the Attorney General or each district attorney of a superior court to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the Commissioner reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the Commissioner. (d) The Commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this Chapter or any rule or regulation promulgated under the Chapter notwithstanding the existence of other remedies at law. Said injunction to be issued without bond. (e) The provisions of this Chapter pertaining to rule making, issuance, revocation or denial of registrations, and other administrative actions authorized hereunder, shall be subject to, and conducted in accordance with, the provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. (f) Any person who uses to his own advantage, or reveals to other than the Commissioner, or officers of the Department of Agriculture, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this Chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor: Provided, that this prohibition shall not be deemed as prohibiting the Commissioner, or his duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States Government, or of other States, who are similarly prohibited by law from revealing this information.

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(g) There shall be a penalty of $2 per ton, or fraction thereof, for all commercial feed sold or offered for sale in this State that is not registered as provided herein. Said penalty shall be assessed and collected from the person required by law to register feed. A penalty of $2 per ton, or fraction thereof, is hereby levied on any commercial feed sold or offered for sale within this State, if said feed is not properly labeled, tagged, or identified according to the provisions of this Chapter. (h) Penalties for Deficiencies found on Chemical Analysis. Where any commercial feed bearing guaranteed analysis of less than 20 percent protein is found by an analysis by the State Chemist to be deficient in protein more than 2 percent of the guaranteed analysis of protein plus 0.3 percent, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor. If the guaranteed protein is 20 percent but less than 35 percent and the deficiency is more than 2 percent of the guaranteed protein plus 0.4 percent, the penalty shall be 10 percent of the purchase price. If the guaranteed protein is 35 percent but less than 50 percent and the deficiency is more than 2 percent of the guaranteed protein plus 0.5 percent penalty shall be 10 percent of the purchase price. If the guaranteed protein is 50 percent and over and the deficiency is more than 2 percent of the guaranteed protein plus 0.6 percent, the penalty shall be 10 percent of the purchase price. Where an analysis by the State Chemist reveals that any commercial feed is deficient by more than 15 percent of the guaranteed analysis in fat, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor. Where an analysis by the State Chemist reveals that any commercial feed contains crude fiber in excess of 10 percent of the guaranteed analysis, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor. All such penalties shall be cumulative, and

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the minimum penalty under any of the provisions of this Section shall be no less than $5. Samples to be analyzed by the State Chemist shall be taken in accordance with provisions for official samples as contained in Code section 42-209. Any penalties arising under the provisions of this Chapter, except the penalties for failure to properly label and register feeds as provided in Code section 42-211 (g), shall be collected by the Commissioner of Agriculture for the use and benefit of manufacturers, feeder or feeders using such commercial feed stuff. If the feeder or feeders cannot be located or found within six months after the penalty has been paid, the Commissioner of Agriculture shall deposit such unclaimed funds in the State Treasury: Provided, however, that the Commissioner shall have no authority to waive any of the penalties imposed under the provisions of this Chapter. 42-212. Exemptions. The provisions of this Chapter shall not apply to any commercial feeds that have been manufactured or produced by any person, partnership, firm or corporation for the purpose of feeding his, their, or its own domestic animals, livestock or poultry. Provided, further, that the provisions of this Chapter shall not apply to any commercial feeds whenever the purchaser of such commercial feeds desires to waive the provisions of this Chapter in regard to a particular manufacturer, seller or producer of commercial feeds, and the manufacturer, seller or producer agrees to waive the provisions of this Chapter. This waiver shall be in writing, signed by both parties, and filed with the Department of Agriculture. At any time after the waiver is on file, either party to said waiver may direct, in writing, that the Department of Agriculture withdraw said waiver. Provided further, that no valid waiver may be executed unless the owner of the domestic animals, livestock or poultry owns an interest in the feed manufacturing concern or the said manufacturing concern owns an interest in the domestic animals, livestock or poultry. An owner shall be defined herein as a corporation or the stockholders thereof, a partnership, or an individual. 42-213. Nonresidents. Every nonresident manufacturer, mixer, jobber, or distributor of commercial feed shall at the

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time of registration and before selling or offering for sale his product in Georgia designate with the Commissioner of Agriculture an attorney in fact residing in this State on which attorney in fact legal service and process may be had so as to bring such nonresident manufacturer, mixer, jobber, and distributor under the jurisdiction of the courts of this State. 42-214. Evidence. In any controversy or prosecution arising under the provisions of this Chapter, a certificate of the State Chemist or other State employee making analyses or inspection, duly sworn to by the State Chemist or employee, shall be prima facie evidence of the facts therein certified. 42-215. Cooperation with other entities. The Commissioner may cooperate with and enter into agreements with governmental agencies of this State, other States, agencies of the Federal Government, and private associations in order to carry out the purpose and provisions of this Chapter. 42-216. Publication. The Commissioner may publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the State as compared with the analyses guaranteed in the registration and on the label: Provided, that the information concerning production and use of commercial feed shall not disclose the operations of any person. Section 2. In the event any section, subsection, sentence, clause or phrase of this Chapter 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 Chapter, 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 Chapter if it had known that

Page 26

such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. This Act shall become effective on July 1, 1972. Effective date. Section 4. An Act relating to the regulation of the sale of feed stuffs, approved March 6, 1945 (Ga. L. 1945, p. 213), as amended, is hereby repealed in its entirety. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1972. GENERAL APPROPRIATIONS ACT AMENDED. No. 827 (House Bill No. 1204). An Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the General Appropriations Act, approved March 19, 1971 (Ga. Laws 1971, p. 111), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; 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: ARTICLE I. This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1971-72. Section 1. An Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the General Appropriations Act, approved March 19, 1971 (Ga. Laws 1971, p. 111) is hereby amended by striking from the first paragraph after the enacting clause the following:

Page 27

$1,189,600,000.00. and inserting in lieu thereof the figure: $1,150,000,000.00. Section 1A. Said Act is further amended by striking subsection B. of Section 1 in its entirety and inserting in lieu thereof a new subsection B. to read as follows: B. (a) For election blanks and other election expense, including publishing constitutional amendments. F.Y. 1972 $ 225,000 (b) Only for the purpose of implementing the provisions of House Bill No. 1488 providing for assistance to certain counties relative to reapportionment. F.Y. 1972 $ 250,000. Section 2. Said Act is further amended by striking from Section 5.A., relating to Superior Courts, the figure $2,445,159 and inserting in lieu thereof the figure $2,723,134. Section 3. Said Act is further amended by striking from Section 5.B., relating to District Attorneys, the figure $1,403,775, and inserting in lieu thereof the figure $1,452,775. Section 4. Said Act is further amended by striking from Section 6, relating to the reports of the Supreme Court and Court of Appeals, the figure $53,000, and inserting in lieu thereof the figure $32,000. Section 5. (a) Said Act is further amended by striking from Section 7.A., relating to

Page 28

the State Board of Education and the Department of Education, the figure $412,526,841 and inserting in lieu thereof the figure $410,910,141. (b) Said Act is further amended by adding after the appropriation for operations in Section 7.A., the following: Changed objects: Personal Services $ 24,700,068 Operating Expenses $ 20,584,699 Grants for Instruction and Service to the Handicapped $ 953,818 Teachers SalariesSection 11 $219,957,954 Teachers SalariesSection 12 $ 38,579,382 Teachers SalariesSection 20 $ 13,670,205 Maintenance, Operation and Sick Leave $ 42,450,446 Mid-Term Adjustment $ -0- High School Program $ 10,442,219 Area Vocational Technical Schools $ 17,858,212 Grants to Fernbank Science Center $ 100,000 Early Childhood Development Services $ 500,000 Grants to Nephrology Centers $ 250,000 Capital Outlay $ 710,976. (c) Said Act is further amended by striking from Section 7.A., the next to the last proviso and inserting in lieu thereof the following: Provided that of the above appropriated amount relative to Operating Expenses, $60,000.00 is designated and committed for use at the LaGrange Area Sheltered Workshop.

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(d) Said Act is further amended by adding at the end of Section 7.A., the following provisos: Provided that of the above appropriated amount, relative to Capital Outlay, the sum of $35,000 is designated and committed for land clearing and construction at the Atlanta Area School for the Deaf. Provided that of the above appropriated State funds, $45,000 is designated and committed for the purpose of improving and enlarging the electrical distribution system at the Georgia School for the Deaf at Cave Spring, Georgia. Provided that of the above appropriation $5,000 is designated and committed for the purpose of purchasing a cassette tape copying machine for the Library for the Blind in Atlanta. Provided that of the above appropriated amount, relating to Operating Expenses, an additional $286,218 is designated and committed for use in Vocational Rehabilitation case services. Provided that of the above appropriated amount, relative to Grants for Instruction and Services to the Handicapped, the sum of $50,000 is designated and committed solely for the purpose of providing funds to the Houston County Board of Education for equal payment to the Houston County Speech and Hearing School and the Happy Hour School for Exceptional Children. Provided that of the above appropriated amount, relative to Grants for Instruction and Services to the Handicapped, the sum of

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$50,000 is designated and committed solely for the purpose of providing funds to the Fulton County Board of Education for payment to the Elaine Clark School for Exceptional Children, for the Foundation for Children with Acute Multiple Handicaps, Inc. Provided that of the above appropriated amount, the sum of $50,000 is designated and committed for the purpose of providing funds to local Boards of Education for payment to non-profit schools qualified to provide education for children with learning disabilities when such facilities are not available in the public school system. Provided that of the above appropriated amount, relative to Early Childhood Development Services, the entire appropriation shall be utilized to ascertain those children who are mentally and physically deficient and to provide treatment for such children during preschool years, and for the purpose of funding a kindergarten or preschool program for those children in areas that qualify under Title IV funds provided the program has been approved by the General Assembly. Any such program shall be approved and monitored by the State Department of Education, in coordination with the State Department of Health and the Department of Family and Children Services. It is expressly provided that none of these funds shall be used in connection with a child care services program by any existing or subsequently organized day care center, unless otherwise hereafter approved by the General Assembly. Provided, however, that any child may be eligible to participate in this program at the request of his parents and the payment of suitable fees.

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Section 6. Said Act is further amended by striking from Section 7.B., relating to Grants Direct to School Systems for Capital Outlay purposes, the figure $2,291,613, and inserting in lieu thereof the figure $2,191,613. Section 7. (a) Said Act is further amended by striking from Section 8.A., relating to the State Board of Regents, the figure $162,953,003, and inserting in lieu thereof the figure $158,273,241. (b) Said Act is further amended by adding after the appropriation for operations in Section 8 the following: Changed objects: Grants to Junior Colleges $ 2,131,600.00 Operating expensesEducation and General $ 48,002,125.00 Section 7A. Said Act is further amended by striking from Section 8(b) the figure $1,000,000 and inserting in lieu thereof the figure $2,616,000, and by adding thereafter the following: Changed object: Capital Outlay $ 7,616,000.00 Section 8. Said Act is further amended by striking from Section 8.B., relating to Authority Lease Rentals, the figure $18,198,790, and inserting in lieu thereof the figure $17,853,552. Section 9. Said Act is further amended by striking from Section 9, relating to the Education Improvement Council, the figure $136,400 and inserting in lieu thereof the figure $130,400.

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Section 10. Said Act is further amended by striking from Section 10, relating to the Higher Education Assistance Corporation, the figure $706,258, and inserting in lieu thereof the figure $614,039. Section 11. Said Act is further amended by striking from Section 10, relating to the Georgia Higher Education Assistance Authority, the figure $235,461, and inserting in lieu thereof the figure $201,461. Section 12. Said Act is further amended by striking from Section 11, relating to the State Scholarship Commission, the figure $1,199,192, and inserting in lieu thereof the figure $1,165,192. Section 13. Said Act is further amended by striking from Section 12, relating to the Medical Education Board, the figure $251,000, and inserting in lieu thereof the figure $241,000. Section 14. Said Act is further amended by striking from Section 13, relating to the Georgia Commission on the Arts, the figure $107,292, and inserting in lieu thereof the figure $99,292. Section 15. (a) Said Act is further amended by striking from Section 14, relating to the Georgia Historical Commission Operations, the figure $485,000, and inserting in lieu thereof the figure $473,500. (b) Said Act is further amended by adding at the end of Section 14 the following: Changed object: Operating Expenses $ 127,670,

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and by adding the following proviso: Provided that of the above appropriation, $10,000 is designated and committed for the activities of the Georgia Commission for the Bicentennial Celebration. Section 16. (a) Said Act is further amended by striking from Section 14, relating to the Georgia Historical Commission Capital Outlay, the figure $50,000 and inserting in lieu thereof the figure $81,500. (b) Said Act is further amended by adding at the end of Section 14 the following: Changed object: Capital Outlay $ 81,500., and by adding the following proviso: Provided from the above appropriation for Capital Outlay, $50,000.00 is designated and committed for the restoration of the Lapham Patterson house. Section 17. Said Act is further amended by striking from Section 15, relating to the Teachers Retirement System, the figure $1,500,000, and inserting in lieu thereof the figure $1,100,000. Section 18. Said Act is further amended by striking from Section 16, relating to Public School Employees' Retirement System, the figure $2,451,217, and inserting in lieu thereof the figure $2,438,717. Section 19. (a) Said Act is further amended by striking from Section 17.A., relating

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to the Health DepartmentMedical Care Administration, the figure $50,343,635, and inserting in lieu thereof the figure $45,237,820. (b) Said Act is further amended by adding at the end of Section 17.A., the following provisos: Provided, that on April 1, 1972, the maximum Medicaid payment rate for skilled nursing homes shall be raised to $330 per month and the maximum Medicaid payment rate for intermediate care facilities shall be raised to $280 per month. Provided, the Department shall allow 75% of the regular Medicaid payment for nursing home beds held vacant up to and including ten days for Medicaid patients who are hospitalized during a stay in a nursing home, if Federal participation is at the same rate relative to such payments as it is for all other vendor payments, subject to such additional regulations the Department may require. Provided, that $45,000 of the above appropriation is designated and committed for the Georgia Medical Care Foundation contract for the last six months of fiscal 1972. Provided, that of the above appropriation $25,000, which shall be administered through the Crippled Children's Program, is designated and committed for treatment of cystic fibrosis. Section 20. Said Act is further amended by striking from Section 17.B., relating to the Health DepartmentHealth Surveillance and Disease Control, the figure $7,101,895,

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and inserting in lieu thereof the figure $6,920,627. Section 21. (a) Said Act is further amended by striking from Section 17.C., relating to the Health DepartmentCommunity Health Services and Facilities, the figure $10,891,700, and inserting in lieu thereof the figure $9,716,545. (b) Said Act is further amended by adding at the end of Section 17.C., the following proviso: Provided, that of the above appropriation, $885,000 in State funds is designated and committed for mental retardation grants to counties for day care centers. Section 22. Said Act is further amended by striking from Section 17.D., relating to the Health Department Environmental Health-Water Quality Control, the figure $9,587,400, and inserting in lieu thereof the figure $650,200. Section 23. Said Act is further amended by striking from Section 17.D., relating to the Health Department Environmental Health-Water Quality Control, the figure $1,905,845, and inserting in lieu thereof the figure $1,850,355. Section 24. Said Act is further amended by striking from Section 17.E., relating to the Health Department Mental Health, the figure $79,859,740, and inserting in lieu thereof the figure $77,301,678 and by adding at the end of said Section the following: Provided that from the above appropriated amount, $600,000 is designated and committed

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to pay rentals to the Georgia Building Authority (Hospitals) to permit the issuance of bonds to finance a general medical and surgical facility located in the vicinity of the Central State Hospital, Baldwin County, Georgia. Said annual appropriations of $600,000 and the lease dated June 1, 1969, between the Department of Public Health and said Authority were originally authorized by the `General Appropriations Act amended' dated March 8, 1968 (Ga. Laws 1968, p. 146). All actions heretofore taken in connection with said project are hereby ratified and reaffirmed. Section 25. (a) Said Act is further amended by striking from Section 17.F., relating to the Health Department General Administration, the figure $3,931,735, and inserting in lieu thereof the figure $4,280,493. (b) Said Act is further amended by adding at the end of Section F., the following: Changed objects: Personal Services $ 84,480,678 Operating Expenses $ 26,811,879 Grants Benefit Payments $141,405,415 Grants to Diagnostic and Evaluation Centers $ 65,000 Grants to Counties Health Services $ 12,552,900. Section 26. Said Act is further amended by striking from Section 18, relating to the Department of Labor, the figure $420,800, and inserting in lieu thereof the figure $400,799. Section 27. Said Act is further amended by striking from Section 19.A., relating to

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the Highway Department, the figure $156,943,454, and inserting in lieu thereof the figure $144,120,652.16. Section 28. (a) Said Act is further amended by striking from Section 19.E., relating to the Highway Department Airport Development, the figure $976,347, and inserting in lieu thereof the figure $890,347. (b) Said Act is further amended by adding at the end of Section 19.E., the following: Changed object: Capital Outlay $ 890,347. Section 29. Said Act is further amended by striking from Section 20, relating to the Public Service Commission, the figure $882,643, and inserting in lieu thereof the figure $844,458. Section 30. Said Act is further amended by striking from Section 21, relating to the Commission on Aging, the figure $66,539, and inserting in lieu thereof the figure $62,539. Section 31. (a) Said Act is further amended by striking from Section 22, relating to the Department of Family and Children Services, the figure $86,146,538, and inserting in lieu thereof the figure $76,679,473. (b) Said Act is further amended by adding at the end of Section 22 the following: Changed objects: Grants to county-owned detention centers $ 1,000,000 Grants to individuals for support $213,820,000 Grants to counties for administration $ 35,000,000 Personal Services $ 13,685,100.

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Section 32. Said Act is further amended by striking from Section 24, relating to the Department of Veterans Service, the figure $3,454,014, and inserting in lieu thereof the figure $3,218,197. Section 33. Said Act is further amended by striking from Section 25.A., relating to the Department of Labor Employment Security Agency, the figure $115,000, and inserting in lieu thereof the figure $105,000. Section 34. Said Act is further amended by striking from Section 25.B., relating to the Department of Labor Employment Security Agency Work Incentive Activity, the figure $362,739, and inserting in lieu thereof the figure $322,729. Section 35. Said Act is further amended by adding at the end of Section 25, relating to the Department of Labor Employment Security Agency, the following: C. Unemployment Compensation Reserve Fund F.Y. 1972 $ 689,000, and by adding the following: Changed object: State Unemployment Compensation Reserve Fund $ 689,000. Section 36. (a) Said Act is further amended by striking from Section 26, relating

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to the Department of Industry and Trade, the figure $3,199,459.81, and inserting in lieu thereof the figure $3,142,257. (b) Said Act is further amended by adding at the end of Section 26 the following: Changed object: Operating Expenses $ 1,086,453, and by adding the following: Provided that of the above appropriation $100,000 is designated and committed for payment to the Georgia Ports Authority dredging and related activities. Section 37. Said Act is further amended by striking from Section 27, relating to the Science and Technology Commission, the figure $105,000, and inserting in lieu thereof the figure $100,000. Section 38. (a) Said Act is further amended by striking from Section 28, relating to the Department of Agriculture Operations, the figure $8,891,530, and inserting in lieu thereof the figure $8,534,530. (b) Said Act is further amended by adding at the end of Section 28, the following: Changed object: Operating Expense $ 3,186,240, and by adding the following: Provided, that of the above appropriation, $25,000 is designated and committed for a contract with the University of Georgia

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School of Veterinary Medicine, in Athens, Georgia, for animal disease diagnostic services. Section 38A. (a) Said Act is further amended by striking from Section 28, relating to the Department of Agriculture Capital Outlay, the figure $160,000, and inserting in lieu thereof the figure $205,000, and by adding immediately thereafter the following: Provided, that from the above appropriation $150,000 is designated and committed for construction at the Albany Farmers Market. (b) Said Act is further amended by adding at the end of Section 28 the following: Changed objects: Capital Outlay $ 216,000 Fire ant eradication $ -0- Indemnities $ -0- Indemnities and fire ant eradication $ 1,458,600. Section 39. Said Act is further amended by striking from Section 28, relating to the Department of AgricultureFire Ant Eradication Program, the figure $1,500,000, and inserting in lieu thereof the figure $1,340,000. Section 40. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture Indemnities, the figure $236,000, and inserting in lieu thereof the figure $118,600. Section 41. Said Act is further amended by striking from Section 28, relating to the

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Department of Agriculture, the last paragraph and inserting in lieu thereof the following: Provided, that from the above appropriated amount for Authority Lease Rentals, $225,000 is designated and committed to pay rentals to the Georgia Building Authority (Markets) to permit the issuance of bonds to finance new projects. Section 42. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and GeologyOperations, the figure $414,100, and inserting in lieu thereof the figure $411,006. Section 43. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and GeologyWater Resources Research, the figure $150,000, and inserting in lieu thereof the figure $140,000. Section 44. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and GeologyTopographic Information, the figure $35,000, and inserting in lieu thereof the figure $27,000. Section 45. Said Act is further amended by striking from Section 30, relating to the Ocean Science Center of the Atlantic, the figure $490,000, and inserting in lieu thereof the figure $390,000. Section 46. Said Act is further amended by striking from Section 31, relating to the Altamaha River Basin Development Commission, the figure $43,800, and inserting in lieu thereof the figure $40,800.

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Section 47. Said Act is further amended by striking from Section 32, relating to Georgia Commission for the Development of the Chattahoochee River Basin, the figure $6,920, and inserting in lieu thereof the figure $5,920. Section 48. Said Act is further amended by striking from Section 33, relating to the Department of Public Safety Operations, the figure $17,252,508, and inserting in lieu thereof the figure $16,504,127. Section 49. (a) Said Act is further amended by striking from Section 33, relating to the Department of Public Safety Capital Outlay, the figure -0-, and inserting in lieu thereof the figure $123,000. (b) Said Act is further amended by adding at the end of Section 33, the following: Changed object: Capital Outlay $ 123,000, and by adding the following: Provided, that of the above appropriation $100,000 is designated and committed for the construction of a State Patrol Barracks in Clarke County. Section 50 . Said Act is further amended by striking from Section 34, relating to the Pharmacy Board, the figure $239,842, and inserting in lieu thereof the figure $234,842. Section 51. Said Act is further amended by striking from Section 35, relating to the State Board of Probation, the figure

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$2,168,400, and inserting in lieu thereof the figure $2,067,949. Section 52 . Said Act is further amended by striking from Section 36, relating to the State Board of Pardons and Paroles, the figure $1,360,500, and inserting in lieu thereof the figure $1,305,500. Section 53 . Said Act is further amended by striking from Section 37, relating to the State Board of Corrections Operations, the figure $16,789,693, and inserting in lieu thereof the figure $16,733,979. Section 54 . (a) Said Act is further amended by striking from Section 37, relating to the State Board of CorrectionsCapital Outlay, the figure $440,000, and inserting in lieu thereof the figure $270,000. (b) Said Act is further amended by adding at the end of Section 37 the following: Changed object: Capital Outlay $ 270,000, and by adding the following: Provided, that $20,000 of the above appropriation is designated and committed for the construction of a fire station at the Georgia Industrial Institute at Alto, Georgia. Section 55 . Said Act is further amended by striking from Section 37, relating to the State Board of Corrections Authority Lease Rentals, the figure $1,273,000, and inserting in lieu thereof the figure $840,000, and by adding at the end thereof the following:

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Changed object: Authority Lease Rentals $ 840,000. Section 56. Said Act is further amended by striking from Section 38, relating to the Coordinator of Highway Safety, the figure $ 103,450, and inserting in lieu thereof the figure $ 100,450. Section 57 . Said Act is further amended by striking from Section 39, relating to the Department of Defense, the figure $ 1,134,775, and inserting in lieu thereof the figure $ 1,063,947. Section 58 . Said Act is further amended by striking from Section 40, relating to the Comptroller General, the figure $ 1,837,600, and inserting in lieu thereof the figure $ 1,775,100, and by adding at the end thereof the following: Changed objects: Personal Services $ 1,394,791 Operating Expenses $ 418,842. Section 59. Said Act is further amended by striking from Section 41, relating to the Department of Banking, the figure $ 890,803, and inserting in lieu thereof the figure $840,803. Section 60. Said Act is further amended by striking from Section 42, relating to the Literature Commission, the figure $18,400, and inserting in lieu thereof the figure $ 16,400. Section 61. Said Act is further amended by striking from Section 43, relating to the

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Game and Fish CommissionOperations, the figure $5,400,872, and inserting in lieu thereof the figure $ 5,324,461. Section 62. Said Act is further amended by striking from Section 43, relating to the Game and Fish CommissionCapital Outlay, the figure $682,000, and inserting in lieu thereof the figure $404,500. Section 63 . Said Act is further amended by striking from Section 43.A., relating to the Groveland Lake Development Commission, the figure $ 100,000, and inserting in lieu thereof the figure $ 92,000. Section 64 . Said Act is further amended by striking from Section 44, relating to the Recreation Commission, the figure $121,385, and inserting in lieu thereof the figure $ 117,585. Section 65 . Said Act is further amended by striking from Section 46, relating to the Jekyll Island Committee, the figure $ 200,000, and inserting in lieu thereof the figure $ 190,000. Section 66 . Said Act is further amended by striking from Section 47, relating to the North Georgia Mountains Commission, the figure $ 295,697, and inserting in lieu thereof the figure $268,697. Section 67 . Said Act is further amended by striking from Section 48, relating to the Lake Lanier Island Development Commission, the figure $ 839,000, and inserting in lieu thereof the figure $ 759,000. Section 68 . (a) Said Act is further amended by striking from Section 49, relating

Page 46

to the Department of ParksOperations, the figure $2,479,450, and inserting in lieu thereof the figure $2,453,603. (b) Said Act is further amended by adding at the end of Section 49 the following: Changed objects: Personal Services $ 2,218,061 Operating Expenses $ 1,620,207 Grants for Land Acquisition $ 200,000, and by adding the following: Provided, that of the above appropriation, $6,500 is designated and committed for the study of potential park sites in Paulding County and for purchasing options thereon. (c) Said Act is further amended by striking from Section 49 the second paragraph following Changed Objects which reads as follows: Provided, that from the above FY 1972 appropriation for operations, $100,000 is designated and committed to provide no more than 25% matching of Federal and local funds for land acquisition for Tired Creek Park B.O.R. #10-00060, and substituting in lieu thereof the following language: Provided, that from the above FY 1972 appropriation for operations, $200,000 is designated and committed to provide no more than 25% matching of Federal and local funds for land acquisition for Tired Creek Park B.O.R. #10-00060.

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(d) Said Act is further amended by striking from Section 49, under Authority Lease Rentals, the figure $2,346,000 and inserting in lieu thereof the figure $2,546,000, and by striking the third paragraph after the listing of Changed Objects and inserting in lieu thereof the following: Provided, that from the above appropriated amount for Authority Lease Rentals, $400,000 is designated and committed to pay rentals to Jekyll IslandState Parks Authority to permit the issuance of bonds to finance new projects at Jekyll Island. Section 69. Said Act is further amended by striking from Section 49, relating to the Department of ParksCapital Outlay, the figure $924,892, and inserting in lieu thereof the figure $874,892. Section 70. Said Act is further amended by striking from Section 50, relating to the Soil and Water Conservation Committee, the figure $506,700, and inserting in lieu thereof the figure $469,500. Section 71. Said Act is further amended by striking from Section 51, relating to the Forest Research Council, the figure $520,200, and inserting in lieu thereof the figure $502,600, and by adding at the end of Section 51 the following: Provided, that of the above appropriations, not less than $75,000 is designated and committed to the Herty Foundation for wood use research., and by adding at the end of said Section the following:

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Changed object: Operating Expenses $ 463,035. Section 72. Said Act is further amended by striking from Section 52, relating to the Forestry Commission, the figure $7,055,371, and inserting in lieu thereof the figure $6,706,123. Section 73. Said Act is further amended by striking from Section 53, relating to the Mineral Leasing Commission, the figure $5,000, and inserting in lieu thereof the figure $2,000. Section 74. Said Act is further amended by striking from Section 54, relating to the Department of Mines, Mining and Geology, Surface Mined Land Use Board, the figure $160,271, and inserting in lieu thereof the figure $150,271. Section 75. Said Act is further amended by striking from Section 55, relating to the State Treasury, the figure $168,200, and inserting in lieu thereof the figure $163,200. Section 76. Said Act is further amended by striking from Section 56, relating to the Budget Bureau, the figure $579,190, and inserting in lieu thereof the figure $546,260. Section 77. Said Act is further amended by striking from Section 57, relating to the Department of Revenue, the figure $14,431,300, and inserting in lieu thereof the figure $14,236,185, and by adding the following:

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Changed objects: Personal Services $ 10,627,285 Operating Expenses $ 3,608,900. Section 78. Said Act is further amended by striking from Section 58, relating to the Employees' Retirement System, the figure $715,000, and inserting in lieu thereof the figure $115,000. Section 79. Said Act is further amended by striking from Section 61, relating to the Secretary of StateOperations, the figure $3,808,490, and inserting in lieu thereof the figure $3,010,610. Section 80. Said Act is further amended by striking from Section 61, relating to the Secretary of StateSpecial Repairs, the figure $100,000, and inserting in lieu thereof the figure $0. Section 81. Said Act is further amended by striking from Section 62, relating to the State Library, the figure $140,162, and inserting in lieu thereof the figure $130,564. Section 82. Said Act is further amended by striking from Section 63, relating to the State Computer Service Center, the figure $400,000, and inserting in lieu thereof the figure $422,528. Section 83. Said Act is further amended by striking from Section 64, relating to the Supervisor of Purchases, the figure $1,144,504, and inserting in lieu thereof the figure $1,075,100, and by adding at the end thereof the following:

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Changed objects: Personal Services $ 567,351 Operating Expenses $ 117,500., and by adding the following: Provided, that of the above appropriation, $54,500 is designated for the purpose of hiring new contract specialists and for renting space to permit installation of a General Services Administration facility in the Capitol Hill area. Section 84. Said Act is further amended by striking from Section 65, relating to the Capitol Square Improvement Committee, the figure $150,000, and inserting in lieu thereof the figure $772,880. Section 85. Said Act is further amended by adding immediately before the word Construction in Section 65, relating to the Capitol Square Improvement Committee, the following: Special Repairs F.Y.1972 $ 80,000. Section 86. (a) Said Act is further amended by striking from Section 66, relating to the State Properties Control Commission, the figure $50,000, and inserting in lieu thereof the figure $96,588. (b) Said Act is further amended by adding at the end of Section 66 the following: Changed object: Operating Expenses $ 63,797,

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and by adding the following: Provided, that of the above appropriation $45,000 is designated and committed for use at the old State Capitol in Milledgeville. Section 87. Said Act is further amended by striking from Section 67, relating to the Department of Air Transportation, the figure $314,756, and inserting in lieu thereof the figure $310,317. Section 88. Said Act is further amended by striking from Section 68, relating to the Executive DepartmentOffice of the Governor, the figure $638,200, and inserting in lieu thereof the figure $621,200. Section 89. Said Act is further amended by striking from Section 69, relating to the Executive Department Governor's Emergency Fund, the figure $2,000,000, and inserting in lieu thereof the figure $1,800,000. Section 90. (a) Said Act is further amended by striking from Section 71, relating to the Bureau of State Planning and Community Affairs Operations, the figure $894,085, and inserting in lieu thereof the figure $1,062,217. (b) Said Act is further amended by adding at the end of Section 71 the following: Changed object: Operating Expenses $ 725,404, and by adding the following: Provided, that from the above appropriation $173,000 is designated and committed for

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continuing the methadone maintenance contract with the Narcotics Treatment Center. Section 91. (a) Said Act is further amended by striking from Section 71, relating to the Bureau of State Planning and Community AffairsGrants, the figure $1,189,031, and inserting in lieu thereof the figure $1,173,899. (b) Said Act is further amended by adding at the end of Section 71 the following: Changed object: Grants to Area Planning and Development Commissions $ 1,173,899. Section 92. Said Act is further amended by adding a new Section to be known as Section 72A to read as follows: Section 72A. Department of Administrative Services. Operations F.Y. 1972 $ 155,000. Section 93. Said Act is further amended by adding a new Section to be known as Section 72B to read as follows: Section 72B. In addition to all other appropriations for the fiscal year ending June 30, 1972, there is hereby appropriated to the budget units designated hereinafter the amounts listed for each such budget unit for personal services: Budget Unit Amount Department of Agriculture $ 4,268 Georgia Regional Hospital at Augusta 269 Department of Banking 1,056 Battey State Hospital 4,209 Central State Hospital 46,810 Office of Comptroller General 600 State Board of Corrections 1,263 Department of Defense 1,200 State Board of Education 47,569 Department of Family and Children Services 8,000 Georgia Forestry Commission 321 State Game and Fish Commission 1,290 Gracewood State Hospital 5,398 Department of Public Health 22,000 Office of Coordinator of Highway Safety 307 Department of Industry and Trade 486 Department of Labor 190 State Library 145 Georgia Mental Health Institute 1,056 Georgia Mental Retardation Center 338 Department of Mines, Mining and Geology 369 Ocean Science Center of the Atlantic 155 State Board of Pardons and Paroles 1,152 Department of State Parks 824 State Board of Pharmacy 97 State Board of Probation 145 Department of Public Safety 3,733 Georgia Public Service Commission 1,853 Georgia Recreation Commission 255 State Purchasing Department 445 State Revenue Department 18,808 Department of Secretary of State 3,309 Department of Veterans Service 769 State Board of Workmen's Compensation 880 Youth Development Center 4,071.

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The appropriations in this Section are designated and committed for the specific purpose of funding Act No. 76 of the 1971 Regular Session of the Georgia General Assembly, effective April 1, 1972.

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Section 94. Said Act is further amended by striking from the end of Section 76 the figure $1,224,342,003.71, which was the total appropriations for F. Y. 1972, and inserting in lieu thereof the figure $1,175,542,951.06. ARTICLE II. Section 95. All expenditures and appropriations made and authorized under this Act shall be according to the Governor's recommendations contained in the Budget Report relating to changes for the fiscal year ending June 30, 1972, which report was presented to the General Assembly at the regular 1972 session, except as otherwise specified in this Act. 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 amount following such object classification from the amount provided in the aforesaid Budget Report. Section 96. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 97. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1972. RESOLUTION REQUESTING CONGRESS TO CALL A CONSTITUTIONAL CONVENTIONSCHOOL ASSIGNMENTS. No. 100 (Senate Resolution No. 206). A Resolution. Applying to the Congress of the United States to propose an amendment to the Constitution of the United States; and for other purposes.

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Be it resolved by the General Assembly of Georgia that this body respectfully applies to the Congress of the United States to call a convention for the purpose of proposing the following amendment to the Constitution of the United States: No student shall be assigned to nor compelled to attend any particular public school on account of race, religion, color or national origin. Be it further resolved that this application by the General Assembly of the State of Georgia constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made similar applications pursuant to Article V, but if Congress proposes an amendment to the Constitution identical with that contained in this Resolution before January 1, 1974, this application for a state application shall no longer be of any force or effect. Be it further resolved that since this method of proposing amendments to the Constitution has never been completed to the point of calling a convention, and no interpretation of the power of the states in the exercise of this right has ever been made by any court or any qualified tribunal, if there be such, and since the exercise of the power is a matter of basic sovereign rights and the interpretation thereof is primarily in the sovereign government making such exercise, and since the power to use such right in full also carries the power to use such right in part, the General Assembly of Georgia interprets Article V to mean that if two-thirds of the states make application for a convention to propose an identical amendment to the Constitution for ratification with a limitation that such amendment be the only matter before it, that such convention would have power only to propose the specified amendment and would be limited to such proposal and would not have power to vary the text thereof, nor would it have power to propose other amendments on the same or different propositions.

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Be it further resolved that the Secretary of the Senate is hereby authorized and instructed to transmit a duly attested copy of this Resolution to the Secretary of the Senate of the United States Congress, the Clerk of the House of Representatives of the United States Congress, to the Presiding Officer of each House of each State Legislature in the United States, and to each member of the Georgia Congressional Delegation. Approved February 25, 1972. LAND CONVEYANCE TO CREDICO, INC. AUTHORIZED. No. 101 (House Resolution No. 541-1209) A Resolution. Authorizing the cancellation of an easement granted to the State of Georgia in and over a certain tract of land; and for other purposes. Be it resolved by the General Assembly of Georgia: Whereas, on or about February 10, 1951, W. S. Burel granted to the State of Georgia an easement across a parcel of land owned by said W. S. Burel, said easement being recorded in Deed Book 100, at page 221, of the records of the Clerk of the Superior Court of Gwinnett County; and Whereas, the tract of property formerly owned by W. S. Burel passed, upon his death, to his heir, Runelle Burel Turner; and Whereas, on or about December 31, 1971, Runelle Burel Turner conveyed said tract to Credico, Inc.; and Whereas, the interest conveyed to the State of Georgia is more particularly set forth in the instrument of conveyance which reads, in part, as follows:

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... the right, privlege (sic) and easement to go in, upon, along and across that tract or parcel of land lying and being in Gwinnett County, State of Georgia and more particularly bounded and described below for the period of ninety nine years. Lying in 1397 Puckett's District and being more particularly described as the `Old C. C. C. Dam' located approximately 100 ft. S. W. of Rock Quarry Prison property same being on property of W. S. Burel lying on the S. W. side of the State property known as the Rock Quarry Prison Branch property. The party of the first part grants the right for the party of the second part to dig ditch, lay pipe and maintain same for the period set forth above, across the above described property for a distance of 240 ft. to the adjoing (sic) State Property together with the right to construct, maintain the Dam now existing on said lands, construct new dams and water resivoirs (sic) if necessary and needful, lay water pipes, lines, erect electric poles and lines wherever needed and to do any other needful thing necessary in the construction, maintenance and operation of the water system furnishing (sic) water to what is known as the ROCK QUARRY PRISON CAMP, said Prison Camp being located on property of party of the second part, lying adjacent to the property above described.; and Whereas, said easement was granted to the State of Georgia for the original consideration of $1.00; and Whereas, the State of Georgia has never exercised the privilege of the easement granted to it, and said easement is no longer any use or benefit to the State of Georgia. Now, Therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized and directed to convey to Credico, Inc., all of that interest in the hereinabove described tract possessed by the State of Georgia, thereby cancelling said easement and divesting itself of any interest by the State of Georgia in said property. Approved February 28, 1972.

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LEASE OF LAND TO ALLRIGHT PARKING OF GEORGIA, INC., AUTHORIZED. No. 102 (House Resolution No. 640-1493). A Resolution. Accepting the bid of Allright Parking of Georgia, Inc. for the Lease of certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, which certain property is more particularly described in the copy of the proposed lease attached to, incorporated in and by reference made a part of this Resolution; to provide an effective date; and for the 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 certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, (hereinafter called the property) which certain property is more particularly described in the copy of the proposed lease attached to, incorporated in and by reference made a part of this Resolution; and Whereas, 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 property should be leased and is further authorized and empowered

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to agree upon all the provisions, convenants, 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 either House of the General Assembly if then in regular session and, if not, the next regular session, for acceptance or rejection by said General Assembly as provided in the State Properties Control Code; and Whereas, the said property and the right of the State of Georgia and the Commission to lease it are subject to certain uses, leases, easements, grants and rights (referred to herein and in the proposed lease as the encumbrances) which are enumerated in Exhibit B attached to and by reference incorporated in the proposed lease; and Whereas, the Commission, in a regularly assembled meeting, has by its resolution agreed to lease the property subject to the encumbrances 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 91-104A. (b) of the State Properties Control Code, obtain a plat of survey of the property by a Georgia Registered Land Surveyor and two appraisals of the value of the property 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 property after Commission meetings and conferences with, and public hearings attended by, representatives of parties who had indicated an interest in leasing the property; and Whereas, formal advertisement for competitive bids pursuant to the Invitation For Bids was made as required by

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section 91-109A. (b) of the State Properties Control Code; and Whereas, at the bid opening publicly held on January 20, 1972, two bids were received, one from Downtown Development Corp. and the other from Allright Parking of Georgia, Inc.; and Whereas, the bid of Allright Parking of Georgia, Inc., was in the amount of $130,150.00 Base Annual Rental plus an Additional Annual Rental in an amount equal to the product obtained by multiplying the Base Annual Rental by an escalation factor equal to the product obtained by multiplying one and forty-five one-hundredths percent (1.45%) by the number of years the lease has run since the day of execution of the lease, or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental [UNK] percentage [UNK] number of expired years = Additional Annual Rental); and Whereas, the bid of Downtown Development Corp. was in the amount of $116,125.00 Base Annual Rental, plus an Additional Annual Rental in an amount equal to the product obtained by multiplying the Base Annual Rental by an escalation factor equal to the product obtained by multiplying one percent (1%) by the number of years the lease has run since the date of execution of the lease, or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental [UNK] percentage [UNK] number of expired years = Additional Annual Rental); and Whereas, on January 21, 1972, the Commission, after due consideration and discussion at a public meeting, formally determined Allright Parking of Georgia, Inc., to be the highest responsible bidder for the lease of the property; and Whereas, section 91-109A. subsections (d) and (e) of the State Properties Control Code are as follows:

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(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 lessee has signed the proposed lease in the four counterparts required; and Whereas, an exact copy of the 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

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Whereas, also attached to, incorporated in and by reference made a part of this Resolution is a certified corporate resolution of Allright Parking of Georgia, Inc.; and Whereas, the General Assembly has carefully considered the bid of Allright Parking of Georgia, Inc., and the proposed lease and has determined that they should be accepted. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. The bid of Allright Parking of Georgia, Inc., and the proposed 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 lease for and on behalf of the State of Georgia and the State Properties Control Commission. Section 2. The State Treasurer, as Treasurer of the State Properties Control Commission, is directed to retain the $34,000.00 Bid Security submitted by Allright Parking of Georgia, Inc., as required in, and in accordance with, the provisions of the Instructions To Bidders, until Allright Parking of Georgia, Inc., has deposited with the said Treasurer all of the security required by Section Seven: (A) Security Deposit. of the proposed lease or until the State Properties Control Commission determines that Allright Parking of Georgia, Inc., has declared or demonstrated its intention before the term of the proposed lease commences, not be bound by the proposed lease and the State Properties Control Commission therefore declares the Bid Security forfeited to the State of Georgia as fixed and liquidated damages for such failure and not as a penalty. Section 3. Upon application of Allright Parking of Georgia, Inc., to the State Properties Control Commission for its written consent to assign or transfer the lease, or any interest therein, or any right or privilege appurtenant thereto, in any case where under the terms of the lease the granting of such consent is without exception vested solely in the discretion of the Lessor, the State Properties Control Commission is hereby instructed to investigate and inquire

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into and ascertain the amount of consideration, whether monetary or otherwise, proposed to be given to Allright Parking of Georgia, Inc. for such assignment or transfer. The State Properties Control Commission is further instructed to withhold its consent to any such assignment or transfer until the Lessor shall have received such proportion of the consideration as the State Properties Control Commission, in its sole discretion, shall determine to be fair and equitable from a business viewpoint to both Allright Parking of Georgia, Inc. and the State of Georgia. Section 4. 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 Allright Parking of Georgia, Inc. Section 5. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Certification. Georgia, Fulton County. I, D.C. Richie, do hereby certify that I am the duly qualified Assistant Secretary of Allright Parking of Georgia, Inc., a corporation organized and existing under the laws of the State of Georgia, and that at a special meeting of the Directors of said Corporation, duly held on the 14th day of January, 1972, whereat was present and acting throughout a quorum authorized to transact business, the following resolution was unanimously adopted by these Directors: Be it resolved, that the Corporation be and the same is hereby authorized to submit a bid to the State Properties Control Commission in accordance with the State Properties Control Commission's invitation to bid relative to leasing for a period of seventy-three (73) years certain property described as follows: ...owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a

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point under the Forsyth Street viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia. Be it further resolved, that Garland Follis, President, and D.C. Richie, Assistant Secretary of the Corporation, be and they are hereby authorized to complete the bid form, including the fixing of the base annual rental and the additional annual rental provision, in their discretion, and all other provisions of the bid. Be it further resolved, that Garland Follis, President, and D.C. Richie, Assistant Secretary of the Corporation, be and they are hereby authorized and directed to do all things necessary and to execute all documents in connection therewith. And I do further certify that the foregoing resolution was validly adopted, appears on the minutes of that meeting, has not been amended or rescinded, is within the powers of the Directors of the Corporation, and is now in full force and effect. In witness whereof, I have hereunto set my hand and affixed the seal of the Corporation, this the 18th day of January, 1972. /s/ D. C. Richie (Corporate Seal). 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

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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 1, and the Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. L. 1964, pp. 146-158), as amended. 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 1 and incorporated in and by reference made a part of this Bid is the verbatim language of the attached Lease form regarding rentals. 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 1 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 factor in Exhibit 1, which said Exhibit 1 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 1, and if made, the same shall not be considered

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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 twenty-five (25) 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 in this Bid, as principal, is as follows: Allright Parking of Georgia, Inc. (Georgia) 100 Luckie St., N.W., Atlanta, Georgia 30303 Signed and sealed this, the 19th day of January, 1972. /s/ Garland Follis President.

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Exhibit 1' Section One: Base Annual Rental. Lessee covenants and agrees to pay throughout the term of this lease to the Treasury of the State of Georgia, or to such other agent of Lessor as may be designated in writing by Lessor, a base annual rental (hereinafter referred to as the Base Annual Rental) of One hundred thirty thousand, one hundred fifty Dollars ($130,150.00) in legal tender of the United States of America, subject to the adjustments provided for in Section Two hereof. The Base Annual Rental shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. Such Base Annual Rental payments shall be prorated for any month in which this lease is not in effect for the entire month. The Base Annual Rental payment due for the remainder of the month in which the day of execution of this lease falls shall be due and payable on the day of execution. Section Three: Additional Annual Rental. Lessee shall, in addition to the Base Annual Rental provided for in Section One above, pay each year, as additional annual rental (hereinafter referred to as Additional Annual Rental) an amount equal to the product obtained by multiplying the Base Annual Rental (as adjusted pursuant to Section Two above) by an escalation factor equal to the product obtained by multiplying..... percent (1.45%) by the number of years this lease has run since the day of execution of this lease or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental [UNK] percentage [UNK] number of expired years = Additional Annual Rental). The Additional Annual Rental, as hereinabove provided for, shall be payable, In the event the term hereof commences on a date other day of each calendar month throughout the term hereof. In the event the term hereof commences on a date other than the first day of a calendar month, the monthly payments of the applicable Additional Annual Rental shall be prorated. Such additional Annual Rental payments shall also be prorated for any month in which this lease is not in effect for the entire month. Compiler's note: Section 2 stricken from bid.

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Instructions to Bidders These Instructions To Bidders set forth the terms and conditions for Bids for the leasing of certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, more particularly identified hereafter. The attached form of Lease (hereinafter sometimes called the Lease) is incorporated in, and by reference made a part of these Instructions To Bidders. The Property To Be Leased The property to be leased is all of the right, title and interest which the State of Georgia has, subject to all of the encumbrances enumerated in Exhibit B attached to the form of Lease, in and to the property more particularly described in Exhibit A attached to the form of Lease. The lateral limits of the property to be leased are more particularly described on a plat of survey prepared by State Highway Department of Georgia Division of Surveys Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA , a copy of said plat of survey being attached to the form of Lease as Exhibit C. The vertical limits of the property are determined by reference to each of the encumbrances enumerated in Exhibit B attached to the form of Lease, and the use of the property by each holder of an encumbrance so enumerated. Also included in the property to be leased are all buildings, other structures and improvements to which the State of Georgia, on the day of execution of the Lease (as defined therein) has a present right of possession and which are totally located within the lateral and vertical limits of the property to be leased.

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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 1 which said Exhibit 1 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 1, attached thereto. 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 1, 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 if signed with the partnership name, must be personally signed 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 partnership including, but not limited to, joint venture partnerships, shall be considered as the bid of a general partnership and not as the bid of a limited partnership. Each partner shall be fully bound by the bid and the Lease and all of the

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partners shall be liable both jointly and severally on both the bid and the Lease. 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, partner 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, partner or other designation, without disclosing his principal, may, at the option of the State Properties Control Commission be held to be the bid of the individual signing. The envelope containing the complete bid (Bid form and Exhibit 1) 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: FORSYTH STREET VIADUCT TO FOUNDRY STREET PROPERTY BID. NOT TO BE OPENED BEFORE 10:00 A.M., E.S.T., JANUARY 20, 1972; and addressed as follows: Ben W. Fortson, Jr., Secretary State Properties Control Commission Room 214, State Capitol Atlanta, Georgia 30334

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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 Commission, in the amount of twenty-five (25) 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 Security Deposit required by Section Seven 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 9:55 o'clock A.M., E.S.T., January 20, 1972, to be opened by the Governor as its chairman or by another officer of the State Properties Control Commission at 10:00

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o'clock A.M., E.S.T., January 20, 1972, 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 as determined 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. For bid purposes ONLY, the highest bid shall be ascertained as follows: The total return in dollars to the State of Georgia for the period of time between December 27, 1972, and December 27, 1994, to be computed in accordance with Sections One and Three 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 highest 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 acknowledgment 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

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by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. L. 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 opened. This 15th day of December, 1971. State Properties Control Commission /s/ Ben W. Fortson, Jr. By: Ben W. Fortson, Jr., Secretary of the State Properties Control Commission and Secretary of the State of Georgia. 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 9:55 o'clock A.M., E.S.T. January 20, 1972, to be opened by the Governor as its Chairman or by another officer of the State Properties Control Commission at 10:00 o'clock A.M., E.S.T., January 20, 1972, in the State Capitol, Atlanta, Georgia, for the leasing of certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point

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north of Foundry Street in the City of Atlanta, Fulton County, Georgia, which certain property is more particularly described in the form of Lease (hereinafter sometimes called the 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 the 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 said property 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. L. 1964, pp. 146-158), as amended. The State Properties Control Commission reserves the right to reject any or all bids and to waive any and all informalities in bidding. This 15th day of December, 1971. 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 Form of lease of certain property owned by the State of Georgia adjacent to the right of way of the Western and Atlantic

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Railroad between a point under the Forsyth Street Viaduct and a point North of Foundry Street in the City of Atlanta, Fulton County, Georgia. TABLE OF CONTENTS Description Of Property Leased 3 Encumbrances Of Property Leased Exhibit B Term Of Lease 4 Section One: Base Annual Rental 4 Section Two: (A) Adjustment of Base Annual Rental Due to Reappraisals 5 (B) Reduction of Base Annual Rental Due to Release of Property for the construction of a Public Street or Thoroughfare or the Relocation of the Right of Way of The Western and Atlantic Railroad 6 (C) Reduction of Base Annual Rental Due to Release of Property for Rapid Transit Right of Way 8 Section Three: Additional Annual Rental 10 Section Four: Rental and Other Sums Payable to Lessor 10 Section Five: Late Charge 11 Section Six: Default in Rental Payment 11 Section Seven: (A) Security Deposit 11 (B) Inadequacy of Deposit 12 Section Eight: Interchanging of Security Deposit 12 Section Nine: Interest on Security Deposit (Other Than Cash) 12 Section Ten: Return of Security Deposit 12 Section Eleven: Encroachments, Adverse Uses and Occupancies Other Than Lawful Rights Previously Granted 13 Section Twelve: Payment of Taxes and Assessments 14 Section Thirteen: Contest of Taxes and Assessments 14 Section Fourteen: Evidence of Payment of Taxes and Assessments 15 Section Fifteen: Payment of Utilities by Lessee 15 Section Sixteen: Payments for Lessee by Lessor 15 Section Seventeen: Interest on Unpaid Amounts 15 Section Eighteen: Compliance with Laws, Ordinances, Etc. 16 Section Nineteen: Acceptance of Premises by Lessee 16 Section Twenty: Merger of Improvements by Lessee 16 Section Twenty-One: Protection of Adjacent Property During Construction and Contractor's Insurance 17 Section Twenty-Two: Policy Limits Applicable for Year 1972 18 Section Twenty-Three: Approval of Plans and Specifications by Lessor 19 Section Twenty-Four: Substantially Complete Defined 19 Section Twenty-Five: Construction According to Approved Plans and Specifications 19 Section Twenty-Six: Payment of Bills for Construction 20 Section Twenty-Seven: All Liens and Rights Are Subordinate to Lessor 21 Section Twenty-Eight: Completion of Construction by Lessor 21 Section Twenty-Nine: Title to the Improvements 22 Section Thirty: Abandonment of Premises by Lessee 22 Section Thirty-One: Termination of Subleases 22 Section Thirty-Two: Maintenance of Premises 23 Section Thirty-Three: Work Required by Government Regulation 23 Section Thirty-Four: Indemnification of Lessor by Lessee 24 Section Thirty-Five: Addition, Subtraction, Renovation, Demolition or Construction Anew of the Improvements 24 Section Thirty-Six: Return of Premises 24 Section Thirty-Seven: Casualty and Hazard Insurance on Buildings 25 Section Thirty-Eight: Loss Payable 25 Section Thirty-Nine: No Invalidation of Insurance by Lessee 26 Section Forty: Repair of Damaged Improvements 26 Section Forty-One: Damages for Failure to Comply with Repair Obligation 27 Section Forty-Two: Workman's Compensation Insurance 28 Section Forty-Three: Use of Proceeds of Insurance 28 Section Forty-Four: Termination Prior to Completion of Repair 29 Section Forty-Five: Public Liability Insurance 29 Section Forty-Six: Delivery of Insurance Policies 29 Section Forty-Seven: Evidence of Payment of Premiums 30 Section Forty-Eight: Mortgaging of the Leasehold 30 Section Forty-Nine: Notification to Lessor of Mortgage 30 Section Fifty: Mortgagee's Right to Cure Default 31 Section Fifty-One: Subrogation of Mortgagee 32 Section Fifty-Two: Default Termination of This Lease 32 Section Fifty-Three: Extinguishment of Lessee's Rights upon Termination 33 Section Fifty-Four: Prepaid Items Assigned 35 Section Fifty-Five: Assignment of Lease with Lessor's Consent 35 Section Fifty-Six: Appointment of a Receiver General Assignment for the Benefit of Creditors Insolvency Bankruptcy Other Statutory Acts for Relief of Debtors 36 Section Fifty-Seven: Inspection of Premises by Lessor 36 Section Fifty-Eight: Premises Subject to Zoning 36 Section Fifty-Nine: Addresses for Notices 37 Section Sixty: Submission of Matters for Approval 37 Section Sixty-One: Holding over by 38 Section Sixty-Two: No Waiver of Rights by Lessor 38 Section Sixty-Three: Rights Are Cumulative 38 Section Sixty-Four: Provisions are Binding on Assigns and Are Covenants Real 39 Section Sixty-Five: Lease Is Georgia Contract 39 Section Sixty-Six: Terminate And Termination Defined 39 Section Sixty-Seven: Premises Defined 39 Section Sixty-Eight: Destruction or Damage to Existing Buildings, etc. Prior to Delivery of Possession 40 Section Sixty-Nine: All Genders And Numbers Included 40 Section Seventy: Invalidity of Provision or Part Thereof 40 Section Seventy-One: State Properties Control Commission Acts for Lessor 41 Section Seventy-Two: Time Is of Essence 41 Section Seventy-Three: Entire Agreement Contained Herein 41 Section Seventy-Four: Section Captions Are to Be Disregarded 42

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DUPLICATE ORIGINAL Georgia, County 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 certain property owned by the State of Georgia adjacent to the right of way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, which property is more particularly described in Exhibit A, which Exhibit A is attached hereto and by reference incorporated herein; and Whereas, 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 property should be leased and is further authorized and empowered to agree upon all the provisions, covenants, terms, conditions

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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 property and the right of the State of Georgia and the Commission to lease it are subject to certain uses leases, easements, grants and rights (hereinafter referred to as the encumbrances) enumerated in Exhibit B attached hereto and by reference incorporated herein as though fully set forth; and Whereas, the Commission in a regularly assembled meeting, has by resolution agreed to lease the property subject to all of the encumbrances enumerated in Exhibit B attached hereto 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 such a lease shall have been so prepared by the Commission, accepted and executed by a 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 Allright Parking of Georgia, Inc. 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) whose business address is 100 Luckie Street, N.W., Atlanta, Georgia 30303.

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WITNESSETH: 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 all of the encumbrances enumerated in Exhibit B attached hereto and by reference incorporated herein as though fully set forth, unto Lessee and Lessee does hereby take, lease and hire from Lessor, subject to all of the encumbrances enumerated in Exhibit B attached hereto and by reference incorporated herein as though fully set forth, all the right, title and interest which the Lessor has in and to the property more particularly described in Exhibit A attached hereto, which said Exhibit A is by reference incorporated herein as though fully set forth. The lateral limits of the property herein leased are more particularly described on a plat of survey prepared by State Highway Department of Georgia Division of Surveys Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, a copy of said plat of survey being attached hereto, marked Exhibit C and by reference specifically incorporated into and made a part of this description. The vertical limits of the property are determined by reference to each of the encumbrances enumerated in Exhibit B, and the use of the property by each holder of an encumbrance so enumerated. Also, included in this lease are all buildings, other structures and improvements to which Lessor has a present right of possession and which are totally located within the lateral and vertical limits of the property herein leased on the day of execution of this lease. To have and to hold the property more particularly described in Exhibit A attached hereto for a term commencing

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at the time and date 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. This leasing and hiring is made upon the foregoing, and upon the following agreements, covenants, conditions and terms, all of which the parties respectively agree to keep, abide by and perform during the term hereof: Section One: Base Annual Rental. Lessee covenants and agrees to pay throughout the term of this lease to the Treasury of the State of Georgia, or to such other agent of Lessor as may be designated in writing by Lessor, a base annual rental (hereinafter referred to as the Base Annual Rental) of One Hundred Thirty Thousand One Hundred Fifty and 00/100 Dollars ($130,150.00) in legal tender of the United States of America, subject to the adjustments provided for in Section Two hereof. The Base Annual Rental shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. Such Base Annual Rental payments shall be prorated for any month in which this lease is not in effect for the entire month. The Base Annual Rental payment due for the remainder of the month in which the day of execution of this lease falls shall be due and payable on the day of execution. Section Two: (A) Adjustment of Base Annual Rental Due to Reappraisals. The Base Annual Rental set forth in Section One above shall be adjusted on December 27, 1994 and on December 27, 2019 on the basis of the reappraised fair market rental value of the property described on pages 3 and 4 of this lease (hereinafter called the PROPERTY); provided, however, that the Base Annual Rental shall never be less than the amount specified in Section One above except as provided below in sub-sections (B) and (C) of this Section Two. The adjusted Base Annual Rental to commence on the aforementioned dates shall be determined by computing the average of three (3) appraisals of the then fair market rental value of the PROPERTY. The Lessor and the

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Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser, all of whom shall be members of a nationally recognized appraisal agency or institution. 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 determine the fair market rental value of the PROPERTY but expressly excluding any personal property. The said appraisals shall be made no earlier than nine (9) months nor later than six (6) months, prior to the dates the adjusted Base Annual Rental shall commence. In the event the beneficial holder(s) of this leasehold interest is (are) the beneficial holder(s) of the leasehold interests of the air rights leases over the PROPERTY, the value assigned to the PROPERTY shall be no less than the difference between the fair market rental value of the unencumbered PROPERTY less the portion of the value of the unencumbered PROPERTY assigned to the air rights leasehold interests. (B) Reduction of Base Annual Rental Due to Release of Property for the Construction of a Public Street or Thoroughfare or the Relocation of the Right of Way of the Western And Atlantic Railroad. Lessee expressly covenants and agrees that should Lessor desire during the first five (5) years of the term of this lease to authorize the construction of a public street or thoroughfare or the relocation of the right of way of the Western and Atlantic Railroad (from its location as of the day of execution of this lease) on all or any part of that portion of the property described in Exhibit A attached hereto lying east of a line more particularly described in Exhibit E attached hereto and by reference incorporated herein, said line being designated as Street or Railroad Relocation Line on the plat of survey attached hereto as Exhibit C, Lessee, upon sixty (60) days written notice from Lessor of Lessor's desire and of a description of the property upon which the said public street or thoroughfare is to be constructed or upon which the said railroad right of way is to be relocated, shall execute and deliver to Lessor an instrument releasing, demising, conveying, and transferring to Lessor all of Lessee's right, title and interests in and to the property described

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in Lessor's written notice. Lessee's duty to execute and deliver the said instrument is conditioned upon the following: (1) the providing by Lessor or, at the request of Lessor, by other persons or entities, to Lessee of a way of ingress and egress, at least twenty (20) feet in width and in the vicinity of either the Magnolia Street Viaduct or the Techwood Drive Viaduct, at Lessor's option, from the eastern-most boundary of the portion of the property described in Exhibit A attached hereto remaining after the construction of the public street or thoroughfare or the relocation of the said railroad right of way, to a public street, way or thoroughfare; and (2) the reduction, at the time of delivery of the said instrument, of the Base Annual Rental by an amount equal to the sum of the products obtained in (a), (b), (c) and (d) below: (a) multiply the number of square feet released to Lessor in Tracts numbered 1, 2 and 3 as shown on the plat of survey attached hereto as Exhibit C by $0.233; and (b) multiply the number of square feet released to Lessor in Tracts numbered 4 and 5 shown on the plat of survey attached hereto as Exhibit C by $0.202; and (c) multiply the number of square feet released to Lessor in Tracts numbered 6 and 7 shown on the plat of survey attached hereto as Exhibit C by $0.155; and (d) multiply the number of square feet released to Lessor in the Tract numbered 8 shown on the plat of survey attached hereto as Exhibit C by $0.180. If the said public street or thoroughfare is not constructed, or if the said railroad right of way is not relocated, within five (5) years from the date of delivery to Lessor of the said instrument, the use of the property described in the said instrument shall revert to the Lessee, subject to all of the agreements, covenants, conditions and terms of

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this lease, as though the same had never been released, demised, conveyed and transferred to Lessor and the Base Annual Rental shall return to the amount that it was on the day of delivery to Lessor of the said instrument. (C) Reduction of Base Annual Rental Due to Release of Property for Rapid Transit Right of Way. Lessee expressly covenants and agrees that should Lessor desire during the first five (5) years of the term of this lease to convey or grant for the purpose of a rapid transit system, a surface right of way and a sub-surface right of way through or across the tracts of land more particularly described in Exhibit F, attached hereto and by reference incorporated herein, as Tracts (A), (B) and (C), said tracts being designated as Rapid Transit R/W on the plat of survey attached hereto as Exhibit C and being a part of the property described in Exhibit A attached hereto, Lessee shall, upon sixty (60) days written notice from Lessor of Lessor's desire, execute and deliver to Lessor an instrument releasing, demising, conveying and transferring to Lessor: (1) all of Lessee's right, title and interests in and to the said described Tracts (A) and (B); and (2) a sub-surface easement only to the said described Tract (C). Lessee's duty to execute and deliver the said instrument is conditioned upon the following: (1) the providing by Lessor or, at the request of Lessor, by other persons or entities, to Lessee of a way of ingress and egress from the southern boundary line of the property described in Exhibit A attached hereto to a public street, way or thoroughfare; and (2) the reduction, at the time of delivery of the said instrument, of the Base Annual Rental by an amount equal to the sum of the products obtained in (a), (b) and (c) below: (a) multiply the number of square feet on the surface released to Lessor which lie in Tracts numbered 2 and 3 as shown on the plat of survey attached hereto as Exhibit C by $0.233; and

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(b) multiply the number of square feet on the surface released to Lessor which lie in the Tract numbered 4 as shown on the plat of survey attached hereto as Exhibit C by $0.202; and (c) multiply the number of square feet for the subsurface easement released to Lessor which lie in the Tract numbered 4 as shown on the plat of survey attached hereto as Exhibit C by $0.050. If construction of the said rapid transit system upon all or any of the above-described Tracts (A), (B) and (C) has not commenced within five (5) years from the date of the delivery to Lessor of the said instrument, the use of any of the above-described Tracts (A), (B) and (C) upon which construction has not commenced shall revert to the Lessee, subject to all of the agreements, covenants, conditions and terms of this lease as though the same had never been released, demised, conveyed and transferred to Lessor and the Base Annual Rental shall be increased by the amount of which it was reduced on the day of delivery to Lessor of the said instrument for the Tract or Tracts the use of which reverts to Lessee. Lessee further agrees to provide, without a reduction in Base Annual Rental, the RAPID TRANSIT TEMPORARY CONSTRUCTION EASEMENTS as shown on the plat of survey attached to this lease as Exhibit C during the period of the construction of the rapid transit system on the said Tracts (A), (B) and (C). Section Three: Additional Annual Rental. Lessee shall, in addition to the Base Annual Rental provided for in Section One above, pay each year, as additional annual rental (hereinafter referred to as Additional Annual Rental) an amount equal to the product obtained by multiplying the Base Annual Rental (as adjusted pursuant to Section Two above) by an escalation factor equal to the product obtained by multiplying one and 45/100 percent (1.45%) by the number of years this lease has run since the day of execution of this lease, or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental [UNK] percentage [UNK] number of expired years = Additional Annual Rental). The

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Additional Annual Rental, as hereinabove provided for, shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. In the event the term hereof commences on a date other than the first day of a calendar month, the monthly payments of the applicable Additional Annual Rental shall be prorated. Such Additional Annual Rental payments shall also be prorated for any month in which this lease is not in effect for the entire month. Section Four: Rental and Other Sums Payable to Lessor. Payment of all rental (both Base Annual Rental and Additional Annual Rental) and other sums due to Lessor under this lease shall be made payable to the State of Georgia and delivered to the Treasurer of the State of Georgia or to such other agent of Lessor as may be designated in writing by Lessor. Section Five: Late Charge. In the event the Lessee shall fail or refuse to pay any monthly installment of Base Annual Rental or Additional Annual Rental within five (5) days after the same shall be due, the Lessee shall pay a late charge equal to three percent (3%) of the amount due, but not paid. Section Six: Default in Rental Payment. In the event Lessee, after written notice from Lessor, shall fail or refuse to pay to Lessor any monthly installment of rental (either Base Annual Rental or Additional Annual Rental) provided for in this lease within fifteen (15) days after the date of the written notice from Lessor, the Lessor may declare a default, and, at its option, immediately elect to follow one of the options provided in section Fifty-Two of this lease. Section Seven: (A) Security Deposit. 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 or such other agent of Lessor as may be designated in writing by Lessor, as security for the faithful performance of the undertakings, duties and obligations of Lessee under this lease including, but not limited to, the payment of rentals and all other sums owed Lessor by Lessee:

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(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 the then current Base Annual Rental as determined in Sections One and Two of this lease; or, (2) recognized valid bonds of the United States Government, the State of Georgia or any of the bond issuing authorities or agencies of the State of Georgia having a then aggregate par value equal to the then current Base Annual Rental as determined in Sections One and Two of this lease; or (3) such other security as may be acceptable to the Commission having a value equal to the then current Base Annual Rental as determined in Sections One and Two of this lease. No interest shall be paid by Lessor on said Security Deposit. In the event of a default hereunder, the said Security Deposit shall be retained by Lessor and may be applied toward the damages arising from any such default, provided, however that the said Security Deposit shall not be construed as constituting liquidated damages. (B) Inadequacy of Deposit. 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. Section Eight: Interchanging of Security Deposit. 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.

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Section Nine: Interest on Security Deposit (Other Than Cash). Lessee, having fully complied with Section Seven above, shall have the right to any and all interest that may accumulate on any security other than cash so deposited. Section Ten: Return of Security Deposit. If upon the termination of this lease, Lessee shall have well and truly performed the undertakings, duties and obligations of Lessee under this lease including, but not limited to, the payment of rentals and all other sums owed Lessor by Lessee, any security on deposit with the Lessor pursuant to Section Seven above shall be returned to the Lessee. Section Eleven: Encroachments, Adverse Uses and Occupancies Other Than Lawful Rights Previously Granted. 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 rights, privileges and interests in, to, and upon the Premises, or any part thereof in parties other than Lessor by virtue of the encumbrances enumerated in Exhibit B attached hereto) existing on the day of execution of this lease. To this end, Lessee hereby consents that Lessor may withhold delivery of possession to Lessee of those portions of the 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. If, due solely to any such encroachments, adverse uses and occupancies, Lessor cannot deliver 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 therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. It is understood and agreed that when such encroachments, adverse

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uses and occupancies shall have been removed by judicial proceedings or otherwise, the use of those portions of the 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. Section Twelve: Payment of Taxes and Assessments . 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; however, 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 Premises and any and all improvements which are constructed and located thereon during the term of this lease. Section Thirteen: Contest of Taxes and Assessments . If the imposition of any tax, assessment, license fee, excise, impost, fee or charge shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and contest the same and, in such case, such item need not be paid until adjudged to be valid; however, 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 a final judgment.

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Section Fourteen: Evidence of Payment of Taxes and Assessments . After all payments are made by the Lessee pursuant to and in conformity with Section Thirteen above, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment. Section Fifteen: Payment of Utilities by Lessee . Lessee is to be responsible for and shall pay for all utility, water, sanitation, gas, heat, light, power, steam and telephone services and for all other services supplied to the Premises. Section Sixteen: Payments for Lessee by Lessor . 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 (other than Base Annual Rental or Additional Annual Rental), Lessor may, at Lessor's option, after ten (10) days prior written notice to Lessee, declare a default and immediately elect to follow one of the options provided in Section Fifty-Two of this lease or, without declaring a default and on behalf of Lessee, procure any such insurance, and make any such payment or payments as may be necessary. Any amounts so paid or expended by Lessor shall be reimbursed and paid to Lessor by Lessee on demand. Section Seventeen: Interest on Unpaid Amounts . Any amounts which are payable under this lease by Lessee to Lessor, including any rentals after a default is declared by Lessor, and which are not paid when due shall bear interest at the rate of eight (8) percent 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, including reasonable attorney's fees. Section Eighteen: Compliance with Laws, Ordinances, Etc . 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

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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. Section Nineteen: Acceptance of Premises by Lessee . Lessee accepts the Premises as defined in Section Sixty-Seven 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 or improvements located thereon or therein. Section Twenty: Merger of Improvements by Lessee . Any buildings, other structures or improvements (hereinafter referred to as the Improvements) constructed on the Premises may be totally merged with buildings, other structures or improvements on or within adjacent property owned and leased by Lessor provided that Lessee is, at that time, the sole and only lessee or assignee of a lessee under a lease of the 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 Improvements are so totally merged with such buildings, other structures or improvements on or within adjacent property owned and leased 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. It is further expressly agreed by Lessee that if the Improvements are so totally merged with such buildings or structures on or within adjacent property owned by Lessor and Lessee shall later sell, assign or transfer to any other person, firm or corporation the lease held by Lessee of the adjacent property owned by Lessor, Lessee shall cause to be included as a condition precedent in the document or legal

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instrument effectuating the sale, assignment or transfer the agreement of the person, firm or corporation purchasing the lease of the adjacent property that a default in this lease shall constitute a default of the lease of the adjacent property. Section Twenty-One: Protection of Adjacent Property During Construction and Contractor's Insurance . While any construction (which term as used in this lease shall also include any alteration, renovation, demolition, reconstruction, repair, restoration or replacement) is being done on the Premises, Lessee shall protect all adjacent property and in connection with such protection, Lessee agrees that in any contracts it shall make with any contractor or contractors who may perform work on or about the Premises, it will require such contractor or contractors to 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. Section Twenty-Two: Policy Limits Applicable for Year 1972 . The policy limits provided for in Section Twenty-One above shall be applicable during the year 1972. 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, 1972, the limits of all insurance called for in Section Twenty-One above shall be increased in approximate proportion to the decline in dollar value.

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Section Twenty-Three: Approval of Plans and Specifications by Lessor . Lessee, prior to commencing any construction on the Premises shall deliver to Lessor, for Lessor's approval, final architect's drawings, specifications and cost estimates of the construction. After Lessor's approval has been obtained but prior to Lessee's commencing such construction 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. Section Twenty-Four: Substantially Complete Defined . Substantially complete as used in this lease shall be construed to mean such condition as is sufficient, suitable and ready for occupancy and for the use intended. Section Twenty-Five: Construction According to Approved Plans and Specifications . Lessee shall complete any construction on the Premises 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. The plans and specifications for any construction shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the Premises. The said plans and specifications, including all of the said systems, shall permit railroad operations on the adjacent Western and Atlantic Railroad right of way in a safe, convenient, expeditious, economical and healthful manner. The right of approval by Lessor shall include, but not be limited to, the right to approve the strength, durability and method of construction as well as the location and design of the Improvements or any part or parts thereof so that the use of adjacent property by

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other tenants or lessees of Lessor shall not be obstructed, interfered with or endangered. 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 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. Section Twenty-Six: Payment of Bills for Construction . 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 any construction on the Premises; 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, any such item need not be paid until adjudged to be valid if 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 any 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. Section Twenty-Seven: All Liens and Rights Are Subordinate to Lessor . Lessee's rights, as well as the rights of anyone else, including but not limited to, any mortgagee, architect, engineer, contractor, subcontractor, mechanic,

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laborer, materialman 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. Section Twenty-Eight: Completion Of Construction by Lessor . Lessee agrees and covenants that in the event of the abandonment or non-completion of any construction undertaken by it upon the 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 the construction undertaken by the Lessee at the expense and cost of the Lessee and, as nearly as practicable and proper, according to the plans, specifications and cost estimates previously approved by Lessor. Lessee shall, at the time of submission of the said plans, specifications and cost estimates to Lessor for approval, present to Lessor written permission in form and content acceptable to Lessor, of the architect who created the plans and specifications for use by Lessor of the plans and specifications, without charge to Lessor for such use, in the event Lessor elects to complete or finish the construction undertaken by Lessee or any part or parts thereof. Section Twenty-Nine: Title to the Improvements . The Improvements shall upon completion become a part of the Premises and the legal title to the same shall vest in the Lessor at the termination of this lease. Section Thirty: Abandonment of Premises by Lessee . If Lessee vacates or abandons the Premises at any time during the term of this lease, Lessor, without notice to Lessee, may declare a default, and at its option, immediately elect to follow one of the options provided in Section Fifty-Two of this lease. If Lessee abandons, vacates or surrenders the 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.

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Section Thirty-One: Termination of Subleases . The voluntary, involuntary, or other termination of this lease, or a mutual cancellation thereof, shall, at the option of Lessor, terminate any and all existing subleases or subtenancies, or may, at the option of Lessor, operate as an assignment to Lessor of any or all such subleases or subtenancies. Lessor agrees that, at the request of Lessee, it will consider the approval of such subleases or subtenancies as may be submitted by Lessee and 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 termination of this lease 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. Section Thirty-Two: Maintenance of Premises . Lessee shall, at all times during the term of this lease, totally at Lessee's own expense, keep and maintain the Premises, and appurtenances and every part thereof, and any and all buildings, other structures or improvements that may exist on, in, or be made a part of the Premises, in good and sanitary order, condition and repair. Section Thirty-Three: Work Required by Government Regulation . In the event that, at any time during the term of this lease, any alteration, demolition, renovation, repair or replacement of any building, other structure or improvement on the Premises or any other work of any nature whatsoever shall be required or ordered, or becomes necessary on account of any law, ordinance or governmental regulation now in effect or hereafter adopted, the Lessee shall be solely liable for the entire cost and expense thereof, regardless of when the same shall be incurred or become due, and, in no event, shall the Lessor be required to contribute thereto or do or pay for any work performed, materials furnished, or obligations incurred by Lessee.

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Section Thirty-Four: Indemnification of Lessor by Lessee. Lessee, as a material part of the consideration to be rendered to Lessor, agrees to be responsible for, to indemnify Lessor against, and to save and hold Lessor harmless from, any and all liability, damages, claims or demands for any injury or death of any person or damage to any property if such injury, death or damage to property arises from or in any manner grows out of, any act or neglect on or about the Premises by Lessee or Lessee's partners, agents, employees, invitees, contractors and sub-contractors, or their partners, agents or employees, or which arise from or in any manner grow out of, any defect in any undertaking hereunder by Lessee or any failure of Lessee to comply with the provisions, convenants, terms and conditions of this lease. Section Thirty-Five: Addition, Subtraction, Renovation, Demolition or Construction Anew of the Improvements. 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 Improvements with new improvements of at least the same fair market value. Section Thirty-Six: Return of Premises. Lessee agrees, at the termination of this lease, to surrender unto Lessor, all and singular the Premises with the then existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when such buildings, other structures, 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 or improvements pursuant to Section Forty of this lease. Section Thirty-Seven: Casualty and Hazard Insurance on Buildings. At all times during the term of this lease including the period of any construction on the Premises, Lessee shall have all buildings, other structures and improvements insured against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail,

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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) percent] of said buildings, other structures and improvements. Each insurance policy shall contain a clause expressly waiving any right of the insurer of subrogation against Lessor. The said policies shall further provide that the same shall not be invalidated or cancellable until after a thirty (30) day written notice has been given to Lessor. Section Thirty-Eight: Loss Payable Clauses. The contracts of insurance required by Section Thirty-Seven above 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 Section Forty-Nine 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 or improvements, and for no other purpose whatsoever. Section Thirty-Nine: No Invalidation of Insurance by Lessee. Lessee agrees and covenants that it will not do or permit to be done in, to, or about the Premises, any act or thing which will invalidate any insurance pertaining to any buildings, other structures 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 or improvements at any time to be put, kept or maintained on the Premises in such condition that the same cannot be insured in the amount of the

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fully insurable replacement value [One Hundred (100) percent]. Section Forty: Repair of Damaged Improvements. Should, during the term of this lease, any buildings, other structures or improvements constructed and located by Lessee on or within the Premises be damaged or destroyed by fire or any other casualty whatsoever, Lessee, except as provided hereinbelow in this Section Forty, 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 or improvements shall have been repaired, reconstructed or restored to their same fair market value as before the damage or destruction or replaced by new buildings, other structures or improvements of at least the same fair market value as the damaged or destroyed buildings, other structures or improvements had before the damage or destruction. Lessor and Lessee specifically agree that damage to or destruction of any buildings, other structures or improvements on or within the 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 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. However, if any buildings, other structures or improvements constructed and located by Lessee on or within the Premises shall 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 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 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

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repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures 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 Premises of any debris or remains of the said damaged or destroyed buildings, other structures 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 Premises. Section Forty-One: Damages for Failure to Comply with Repair Obligation. If the said repair, reconstruction, restoration, or replacement of damaged or destroyed buildings, other structures or improvements is not substantially completed within 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 Section Forty of this lease to commence the repair, reconstruction, 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 repair, reconstruction, restoration or replacement is substantially complete or until the end of the term of this lease, whichever is earlier. Section Forty-Two: Workman's Compensation Insurance. At all times during any construction on the premises, Lessee agrees, at its own cost and expense, to obtain and maintain workman'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. Section Forty-Three: Use of Proceeds of Insurance. The proceeds of all insurance obtained in accordance with Section Thirty-Seven of this lease shall not be used, except with the written consent of Lessor, for any purpose other than the repair, reconstruction, restoration, or replacement of buildings, other structures or improvements located on or within the Premises, unless Lessee shall be relieved of

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Lessee's obligation to so repair, reconstruct, restore, or replace such damaged or destroyed buildings, other structures or improvements pursuant to Section Forty of this lease. 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. Section Forty-Four: Termination Prior to Completion of Repair. 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 damaged or destroyed buildings, other structures or improvements, any unexpended balance remaining therein, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor. Section Forty-Five: Public Liability Insurance. 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 such limits as may be determined by Lessor to be reasonable but with not less than single limits for each event of One Million Dollars ($1,000,000.00) for injuries to or the death of, persons and damages to 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. Section Forty-Six: Delivery Of Insurance Policies. 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, shall be delivered to Lessor. Section Forty-Seven: Evidence of Payment of Premiums. Lessee shall at once furnish to Lessor duplicate receipts

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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. Section Forty-Eight: Mortgaging of the Leasehold. 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, the proceeds of which are to be used to directly increase the value of the Premises, all of Lessee's rights and interests in the Premises including, but without limiting the generality of the foregoing, Lessee's rights and interest in and to all buildings, other structures, improvements, 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. Section Forty-Nine: Notification to Lessor of Mortgage. Subject to the limitation that Lessor shall never be required to provide duplicate copies of notices or suits to more than five (5) such grantees, mortgagees or trustees at any one time, Lessor covenants that 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 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

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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. Section Fifty: Mortgagee's Right to Cure Default. 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 Section Fifty-Two 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. Section Fifty-One: Subrogation of Mortgagee. Any deed to secure debt, mortgage, deed of trust, or instrument in the nature thereof given by the Lessee may, if the Lessee so desires, be so conditioned as to provide that as between any such grantee, mortgagee, or trustee and Lessee, said grantee, mortgagee or trustee, on making good any such default or defaults on the part of the Lessee, shall be thereby subrogated to any and all of the rights of Lessee under the provisions, covenants, terms and conditions of this lease. Section Fifty-Two: Default Termination of This Lease. In the event Lessee fails or refuses to observe, perform or comply with any of the provisions, covenants, terms or conditions of this lease, Lessor may, upon giving thirty (30) days prior written notice, unless otherwise provided in this lease, to Lessee and to any grantee, mortgagee, or trustee required to be given copies of notices in accordance with Section Forty-Nine 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 Section Forty-Nine hereof, does not completely and totally remedy or cure the default in Lessee's obligations under this lease within thirty

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(30) days after the date of the written notice from Lessor or, if complete and total remedy or cure is impossible within the said thirty (30) days, commence within the said thirty (30) days a good faith effort to so complete and totally cure the default within six (6) months after commencement, Lessor may pursue one of the following options: (1) 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 the Premises and Lessor may otherwise treat and occupy the 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 (2) As Lessee's legal representative, without terminating this lease, re-let the 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 alterations and repairs to the Premises. Upon each such re-letting: (a) 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 alterations and repairs incurred by Lessor; and (b) 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 rents 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. Section Fifty-Three: Extinguishment of Lessee's Rights Upon Termination. Upon the expiration of the term of this lease from any cause, all rights and interests of the Lessee,

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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 Section Thirty-One 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 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 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, emcumbrance, claim and charge of any character created or attempted to be created by the Lessee at any time. Section Fifty-Four: Prepaid Items Assigned. Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all expense items of constructing, operating, maintaining and protecting the Premises prepaid by Lessee, including but not limited to, prepaid insurance premiums, taxes, and utility deposits, shall inure to the benefit of and become the property of Lessor and to this extent Lessee does hereby transfer, assign and convey any such prepaid expense items to Lessor. Section Fifty-Five: Assignment of Lease with Lessor's Consent. 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

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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 mortgage under Section Forty-Eight 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 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. Section Fifty-Six: Appointment of a Receiver General Assignment for the Benefit of Creditors Insolvency Bankruptcy Other Statutory Acts for Relief of Debtors. 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 section Fifty-Two of this lease upon the happening of any or all of the following events: (1) appointment of a receiver to take possession of all or substantially all of the assets of Lessee; or (2) a general assignment by Lessee for the benefit of creditors; or (3) any action taken or suffered by Lessee under any insolvency, bankruptcy or any other debtor-relief act. Section Fifty-Seven: Inspection of Premises by Lessor. 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. Section Fifty-Eight: Premises Subject to Zoning. Lessee takes the Premises subject to all zoning regulations and ordinances now or hereafter in force including but not

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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 zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Premises or Lessee's use or occupancy thereof if said ordinance, rule, regulation, resolution or statute is considered by Lessor or Lessee to be invalid, provided however, that Lessee, if Lessee should so contest and litigate, shall first give Lessor notice thereof. Section Fifty-Nine: Addresses for Notices. Until contrary instructions are given to Lessee in writing, all notices required to be given Lessor hereunder shall be effectively given to Lessor if mailed by United States certified or 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 certified or registered mail, return receipt requested, to Lessee's business address shown above. Section Sixty: Submission of Matters for Approval. 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 certified or 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 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

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States certified or registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under section Fifty-Nine of this lease. Section Sixty-One: Holding Over by Lessee. Lessee shall not use or remain in possession of the Premises after the expiration of this lease. Any holding over, or continued use and/or occupancy by the Lessee, after the expiration of this lease, without written consent of the Lessor, shall not constitute a Tenant-at-Will interest in behalf of the Lessee, but Lessee shall become a Tenant-at-Sufferance at the monthly rates of both the Base Annual Rental and the Additional Annual Rental for the immediately previous year of the lease term. There shall be no renewal whatsoever of this lease by operation of law. Section Sixty-Two: No Waiver of Rights by Lessor. 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. Section Sixty-Three: Rights Are Cumulative. All rights, powers and privileges conferred herein upon both parties shall be cumulative. Section Sixty-Four: Provisions Are Binding on Assigns and Are Covenants Real. It is mutually covenanted, understood, and agreed by and between the parties hereto, that each of the 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.

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Section Sixty-Five: Lease Is Georgia Contract. 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. Section Sixty-Six: Terminate and Termination Defined. 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 by Lessee in the performance of one of the provisions, covenants, terms or conditions of this lease. Section Sixty-Seven: Premises Defined. All of the property described in EXHIBIT A attached hereto, all of the buildings, other structures and improvements to which Lessor has a present right of possession which are totally located within the lateral and vertical limits of the property herein leased on the day of execution of this lease and all buildings, other structures and improvements hereinafter constructed by Lessee and totally located within the lateral and horizontal limits of the property described in EXHIBIT A attached hereto are referred to and shall be known in this lease as the Premises. Section Sixty-Eight: Destruction or Damage to Existing Buildings, etc. Prior to Delivery of Possession. If, prior to the delivery of possession of the property described in EXHIBIT A attached hereto, any of the buildings, other structures or improvements located within the lateral and vertical limits of the property described in EXHIBIT A attached hereto 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 to 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. Section Sixty-Nine: All Gender and Numbers Included. Whenever the singular or plural number, or masculine,

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feminine, or neuter gender is used in this lease, it shall equally apply to, extend to, and include the other. Section Seventy: Invalidity of Provision or Part Thereof. In the event any provision, covenant, term or condition or any portion of any provision, covenant, term or condition of this lease is held invalid, the other provisions, covenants, terms and conditions of this lease and the remaining portion of said provision, covenant, term or condition shall not be affected thereby and shall continue in full force and effect. Section Seventy-One: State Properties Control Commission Acts for Lessor. 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 agent as it may designate to perform such provisions, covenants, terms, conditions, undertakings, duties and obligations. Section Seventy-Two: Time Is of Essence. All time limits stated in this lease are of the essence of this contract. Section Seventy-Three: Entire Agreement Contained Herein. The making, execution and delivery of this lease by Lessee has not been induced by any representations, statements, or warranties (including but not limited to representations, statements, or warranties with respect to title to the Premises, or its condition or suitability for Lessee's purposes) by Lessor. 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

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to this lease, incorporated in and by reference made a part of this lease. Section Seventy-Four: Section Captions Are To Be Disregarded. The captions of the numbered Sections of this lease are for purposes of identification and convenience only and are to be completely disregarded in construing this lease.

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EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY All that tract or parcel of land lying and being in Land Lots 77 and 78 of the 14th Land District of Fulton County, Georgia, containing 12,375 acres, and being more particularly described as follows: BEGINNING at a point which point has coordinates of y = 1,365,965.06 feet and x = 430,284.83 feet from U.S.C. G. Stations GLENN and WALTON (the coordinates from U.S.C. G. Stations GLENN and WALTON for each point in this legal description are hereinafter

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given in parentheses after each point) and running thence along a line having a bearing of north 16 degrees 40 minutes 19 seconds east (all bearings given in this legal description are from Grid North) a distance of 202.06 feet to a point (y = 1,366,158.63 feet, x = 430,342.80 feet); running thence along an arc having a radius of 1,054.524 feet a distance of 277.91 feet (which said arc has a chord of 277.11 feet on a bearing of 9 degrees 11 minutes 41 seconds east from the point last described) to a point (y = 1,366,432.18 feet, x = 430,387.08 feet); running thence along a line having a bearing of north 1 degree 37 minutes 28 seconds east for a distance of 365.13 feet to a point (y = 1,366,797.16 feet, x = 430,397.43 feet); running thence along an arc having a radius of 2,523.142 feet a distance of 204.07 feet (which said arc has a chord distance of 204.01 feet on a bearing of north 0 degrees 43 minutes 59 seconds west from the point last described) to a point (y = 1,367,001.15 feet, x = 430,394.82 feet); running thence along a line having a bearing of north 3 degrees 35 minutes 28 seconds west for a distance of 199.72 feet to a point (y = 1,367,200.48 feet, x = 430,382.31 feet); running thence along an arc having a radius of 4,583,662 feet a distance of 170.15 feet (which said arc has a chord of 170.15 feet on a bearing of north 4 degrees 43 minutes 59 seconds west from the point last run) to a point (y = 1,367,370.05 feet, x = 430,368.27 feet); running thence along an arc having a radius of 1,548.535 feet for a distance of 314.77 feet (which said arc has a chord of 314.23 feet on a bearing of north 11 degrees 42 minutes 53 seconds west from the point last described) to a point (y = 1,367,677.73 feet, x = 430,304.47 feet); running thence along a line having a bearing of north 70 degrees 29 minutes 51 seconds east a distance of 1.02 feet to a point (y = 1,367,678.07 feet, x = 430,305.43 feet); running thence along an arc having a radius of 4,389.368 feet a distance of 139.27 feet (which said arc has a chord of 139.26 feet on a bearing of south 19 degrees 31 minutes 40 seconds east from the point last described) to a point (y = 1,367,546.82 feet, x = 430,351.98 feet); running thence along a line having a bearing of south 18 degrees 32 minutes 57 seconds east a distance of 573.59 feet to a point (y = 1,367,003.03 feet, x = 430,534.45 feet); running thence

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along an arc having a radius of 11,441.160 feet a distance of 219.67 feet (which said arc has a chord of 219.66 feet on a bearing of south 18 degrees 00 minutes 10 seconds east from the point last described) to a point (y = 1,366,794.12 feet, x = 430,602.34 feet); running thence along a line a distance of 209.40 feet on a bearing of south 17 degrees 27 minutes 26 seconds east to a point (y = 1,366,594.36 feet, x = 430,665.16 feet); running thence along an arc having a radius of 1,023.189 feet for a distance of 587.80 feet (which said arc has a chord of 579.75 feet on a bearing of south 33 degrees 54 minutes 45 seconds east from the point last described) to a point (y = 1,366,113.23 feet, x = 430,998.62 feet); running thence along a line having a bearing of south 50 degrees 21 minutes 53 seconds east a distance of 335.35 feet to a point (y = 1,365,899.31 feet, x = 431,246.88 feet); running thence along an arc having a radius of 752.561 feet a distance of 88.16 feet (which said arc has a chord of 88.11 feet on a bearing of south 53 degrees 43 minutes 28 seconds east from the point last described) to a point (y = 1,365,847.18 feet, x = 431,317.91 feet); running thence along a line having a bearing of south 57 degrees 04 minutes 55 seconds east a distance of 66.08 feet to a point (y = 1,365,811.27 feet, x = 431,373.38 feet); running thence along an arc having a radius of 1,530.535 feet a distance of 116.57 feet (which said arc has a chord of 116.54 feet on a bearing of south 54 degrees 54 minutes 29 seconds east from the point last described) to a point (y = 1,365,744.27 feet, x = 431,468.74 feet); running thence along a line having a bearing of south 52 degrees 50 minutes 06 seconds east a distance of 18.26 feet to a point (y = 1,365,733.24 feet, x = 431,483.29 feet); running thence along a line having a bearing of north 79 degrees 03 minutes 09 seconds west a distance of 1,220.67 feet to a point which was the POINT OF BEGINNING. The said tract or parcel of land here is more particularly described on a plat of survey prepared by STATE HIGHWAY DEPARTMENT of GEORGIA DIVISION of SURVEYS AERIAL MAPPING and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971 and entitled

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PROPERTY OF STATE OF GEORGIA a copy of said plat of survey being attached hereto, marked EXHIBIT C and by reference specifically incorporated into and made a part of this description. EXHIBIT B THE ENCUMBRANCES 1. A lease of overhead rights, so much of the land level as is necessary for supports and appurtenances for improvements, and improvements, when completed, dated December 26, 1950 between the Western and Atlantic Railroad Commission as Lessor and Peachtree-Whitehall, Inc., as Lessee, as amended from time to time since the aforesaid date; said lease dated December 26, 1950 affects a portion of the Tract numbered 2 as shown on the plat of survey attached to this lease as Exhibit C; copies of said lease dated December 26, 1950, and all amendments thereto may be obtained from the State Properties Control Commission, Room 663, Labor Building, State Capitol, Atlanta, Georgia. 2. A lease of air rights (including the right of necessary supports and appurtenances) dated May 15, 1970, between the State of Georgia, acting through the State Properties Control Commission, as Lessor and Downtown Development Corp., FM Air Rights Company and City Center, Inc., a Joint Venture Partnership, as Lessee; said lease dated May 15, 1970 affects all of the Tract numbered 2 as shown on the plat of survey attached to this lease as Exhibit C except that portion of the said Tract numbered 2 affected by the lease dated December 26, 1950 set forth in Paragraph 1 of this Exhibit B; the published form of the said lease dated May 15, 1970 may be found in Ga. L. 1970, pp. 752-837. 3. A lease of overhead rights, so much of the land level as is necessary for supports and appurtenances for structures,

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and structures, when completed, dated January 12, 1960, between the Western and Atlantic Railroad Commission as Lessor and City Center, Inc., as Lessee, as amended from time to time since the aforesaid date; said lease dated January 12, 1960 affects all of the Tracts numbered 4 and 6 as shown on the plat of survey attached to this lease as Exhibit C; copies of said lease dated January 12, 1960, and all amendments thereto may be obtained from the State Properties Control Commission, Room 663, Labor Building, State Capitol, Atlanta, Georgia. 4. The Forsyth Street Viaduct as constructed pursuant to the consent of the State of Georgia granted to the City of Atlanta by two Acts of the General Assembly of Georgia, approved September 24, 1891 and August 19, 1919, respectively, (Ga. L. 1890-91, Vol 2, pp. 454, 455 and Ga. L. 1919, pp. 821, 835). 5. Whatever rights the public may have in and to Fairlie Street as the same is located, defined, and used on the ground surface level between the Forsyth Street Viaduct and the Spring Street Viaduct. 6. The Spring Street Viaduct as constructed pursuant to the consent of the State of Georgia granted to the City of Atlanta, through its duly authorized authorities, by virtue of an Act of the General Assembly of Georgia approved August 15, 1921 (Ga. L. 1921, p. 1205). 7. The Techwood Drive Viaduct as constructed pursuant to an easement dated January 31, 1961, granted by the Western and Atlantic Railroad Commission, acting for the State of Georgia, to the City of Atlanta, Georgia, pursuant to an Act of the General Assembly of Georgia approved March 23, 1960 (Ga. L. 1960, pp. 1164-1166); a copy of said easement dated January 31, 1961 is recorded in Deed Book 3693,

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pages 125-128, in the Office of the Clerk of the Superior Court of Fulton County, Georgia. 8. A Revocable License Agreement to be granted by the State Properties Control Commission to Georgia Power Company for the installation and construction of an underground electrical conduit system with one manhole and appurtenances thereto, under and across the following described property: All that tract or parcel of land having an area of 873.375 square feet, lying and being in Land Lot 78, of the 14th District of Fulton County, Georgia traversing Tract #5 of the property of the State of Georgia as shown on a plat of survey of said Tract #5 prepared by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, attached to this lease as Exhibit C and incorporated by reference herein; being more particularly described as follows: Being a strip of land 2.5 feet in width, the centerline of which begins at a point on the west boundary of said Tract #5, 54.87 feet north of the southwest corner of said Tract; running thence north 48 degrees, 7 minutes, 28 seconds east a distance of 61 feet to a point; thence north 59 degrees 38 minutes east a distance of 21.5 feet to the centerpoint of a manhole, said manhole being a square 12 feet on each side, each side being 6 feet from the said centerpoint and having four interior angles of 90 degrees; from said centerpoint, running thence north 59 degrees 38 minutes east, a distance of 221.25 feet to a point on the east boundary of said Tract #5, said point being 18.07 feet south of the northeast corner of said Tract. Georgia Power Company shall also have the temporary privilege of ingress thereto and egress therefrom over adjoining land of the State of Georgia for the purpose of bringing in construction equipment for use on the above-described property. Georgia Power Company shall further, during the period of construction, have the privilege of occupying a strip of land of twelve (12) feet in width, being six (6) feet on either side of the centerline of the above-described

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property. Thereafter, Georgia Power Company shall retain only sufficient privilege of ingress and egress as is necessary to permit individual workmen to reach the manhole to be constructed and implaced on the above-described property. 9. The Magnolia Street Viaduct as presently constructed and as the same may be expanded by the City of Atlanta pursuant to a revocable license agreement to be granted by the State Properties Control Commission; the lateral limits of the Magnolia Street Viaduct as presently constructed and as to be expanded pursuant to the aforesaid revocable license agreement are as follows: All that tract or parcel of land lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, containing 0.202 acre, more or less, and being more particularly described as follows: BEGINNING at a point which point has coordinates of y = 1,367,029.42 feet and x = 430,393.04 feet from U.S.C. G. Stations GLENN and WALTON (the coordinates from U.S.C. G. Stations GLENN and WALTON for each point in this legal description are hereinafter given in parentheses after each point) and running thence along a line having a bearing of north 3 degrees 35 minutes 28 seconds west (all bearings given in this legal description are from Grid North) a distance of 78.10 feet to a point (y = 1,367,106.61 feet, x = 430,387.53 feet); running thence along an arc (which said arc has a chord of 108.63 feet on a bearing of north 57 degrees 40 minutes 47 seconds east from the point last described) a distance of 108.83 feet to a point (y = 1,367,165.64 feet, x = 430,479.87 feet); running thence along a line having a bearing of south 18 degrees 32 minutes 57 seconds east a distance of 80.22 feet to a point (y = 1,367,089.39 feet, x = 430,505.45 feet); running thence along the southern boundary of the Magnolia Street Viaduct as presently constructed in an arc curving to the right (which said arc has a radius of 590.958 feet and a

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chord of 127.41 feet) a distance of 127.65 feet to a point, which said point was the point of BEGINNING. The City of Atlanta shall also have, during the period of construction of the expansion of the Magnolia Street Viaduct only, an easement 10 feet in width immediately adjacent to, and north of, the above-described parcel. 10. An easement reserved by the Louisville and Nashville Railroad Company in that certain letter dated September 21, 1971, from D. D. Strench, Vice-President Operation, to Georgia State Properties Control Commission as accepted by the Chairman of the State Properties Control Commission on September 24, 1971; a copy of the said letter dated September 21, 1971 is attached to this lease as Exhibit D, which said Exhibit D is by reference incorporated herein. 11. Whatever rights the public may have in and to Foundry Street as the same is located, defined and used on the ground surface level north of the Magnolia Street Viaduct. 12. Any easement, deed of conveyance, or grant of right or privilege or any other use (including City of Atlanta sewer and water lines and utility company lines) whether visible or not which might be revealed by an inspection of the Premises or of the laws of the State of Georgia or of the records of the Public Works Department of the City of Atlanta, Georgia, or the records of the public utility companies doing business in the City of Atlanta, Georgia, or of the public records of Fulton County, Georgia.

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Compilers Note: THE PLAT ON THE FOLLOWING TWO PAGES HAS BEEN PHOTOGRAPHICALLY REDUCED AND THEREFORE, THE SCALE SHOULD BE ADJUSTED ACCORDINGLY. FULL SIZE PLAT MAY BE SEEN ON FILE AT THE STATE CAPITOL, ATLANTA, GEORGIA.

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EXHIBIT D RESERVATION OF L N EASEMENT LOUISVILLE NASHVILLE RAILROAD COMPANY Received September 24, 1971 State Properties Control Commission September 21, 1971 Georgia State Properties Control Commission 244 Washington Street, S. W. Atlanta, Georgia Attention: Mr. Dock H. Davis, Director Re: Relinquishment of possession by LN Railroad Company of Atlanta Union Passenger Depot Property, Atlanta, Georgia Gentlemen: Passenger train operation over the Western Atlantic Railroad terminated April 30, 1971, whereupon it became necessary for the State of Georgia and Louisville and Nashville Railroad Company (LN) to effectuate the provisions of Section One, Exception (E) Atlanta Depot Property , of the Western Atlantic Railroad Lease of March 4, 1968. The pertinent provisions of Exception (E) dealt with herein are as follows: This lease shall include the Atlanta Union Passenger Building and so much of the passenger depot property in Atlanta, Georgia as is outlined in green on the aforesaid maps only so long as there is passenger train service originating or terminating in the Atlanta Union Passenger Depot and being operated over substantially the entire length of the Western Atlantic Railroad. * * * In the event discontinuance of said passenger train service shall be authorized and effected and, at such time, the State shall not have retaken possession as above provided for,

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then 90 days after discontinuance shall have been authorized and effected said Depot Building (including the air space, subject to the clearance provision of this lease, between Forsyth Street and Spring Street not separately leased as of December 28, 1969) shall revert to the possession and control of the State. * * * In the event that passenger train service shall be discontinued as above referred to, then as to the balance of the property outlined in green, the parties hereto will consider, in good faith, the further need of Lessee for railroad purposes of any or all thereof, to the end of reaching agreement as to the continuation in this lease of all or any part thereof. As to said balance of the property outlined in green, the Lessee agrees to advise the State within 90 days after the discontinuance of passenger service if that property so scheduled to revert, or any portion thereof, is required by the Lessee for railroad operating purposes, together with the justification for such requirement. * * * In compliance with the provisions of Exception (E) the State and LN have negotiated and have agreed as to the reversion to the State of the Atlanta Depot property, including agreement as to what portion of the depot property at ground level outlined in green on the official WA lease map that LN has need to retain for railroad operating purposes, and the terms and conditions relating to such retained portion. The purpose of their letter is to set out the entire agreement and understanding between the State and LN as to the reversion of the Depot property under Exception (E), and this letter will supercede all previous letters and proposals that have passed between the parties. As to the Atlanta Union Passenger Depot building and its adjoining property at the level of Forsyth Street and Spring Street, it is acknowledged that said property has reverted to the possession and control of the State on July 26, 1971, and stood deleted from LN's leasehold estate on that date. As to the passenger depot property at ground level, colored in green on the official lease map, the State and

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LN have, on September 16, 1971, reached agreement as to how much of said green area will revert to the State, and how much will be retained by LN for railroad operating purposes under the WA Lease. It was agreed that as of that date the entire green area reverted to the State, with the following exceptions: (1) LN is to retain for the duration of the WA Lease and any extension thereof a full leasehold estate in so much of the green area that may lie between the center line of the southbound main track of the WA Railroad, and a line drawn parallel to and eighteen (18) feet from said centerline on its westerly side. (2) LN is to retain for the duration of the WA Lease and any extension thereof an easement for railroad right of way purposes for the operation and maintenance of so much of track No. 202 as it presently exists across the northerly portion of said green area in the vicinity of Foundry Street, track No. 202 being further identified as the track connecting the main line tracks of the WA to the property of Central of Georgia Railway Company, and affording an interchange and connecting route between the WA Railroad and the Atlanta and West Point Rail Road Company. Said easement area shall consist of so much of said green area that lies westwardly of a line drawn 18 feet eastwardly of and parallel to the center line of track No. 202, as said track crosses the green area in the vicinity of Foundry Street. The State recognizes the importance of the connecting track described in (2) above, connecting the WA Railroad to Central of Georgia Railway and Atlanta and West Point Rail Road. However, that portion of the State's property near Foundry Street is also of great importance to the remainder of the property reverting to the State in that it can provide direct vehicular access. Therefore, in order to protect all parties, the State and LN have agreed as follows as to the easement and connecting track: (a) The Louisville and Nashville Railroad Company will retain possession and control, pursuant to appropriate provisions

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of the Lease, of all property lying eastward of a line drawn 18 feet west of and parallel to the center line of the southbound main track; (b) The Louisville and Nashville Railroad Company shall cooperate fully with the State of Georgia and/or its lessee, assignee, etc., in obtaining authorization from the Central of Georgia Railway, the Southern Railway Company, the Atlanta Terminal Company, the Atlanta and West Point Rail Road Company, and any persons other than the State owning land in the vicinity of Foundry Street, Atlanta, Georgia, as their interests may appear, in relocating the present connecting track off of the State's Atlanta Union Station property colored in green on the official WA Lease map, and on to adjacent land in the vicinity, or, alternately, in obtaining authorization from the abovenamed railroads and Terminal Company in moving the trackage rights of the Atlanta and West Point Rail Road Company from the present connecting track to alternate trackage of Southern Railway Company, as provided for in Section Second of that agreement between Central of Georgia Railway Company, Southern Railway Company, Atlanta Terminal Company and Atlanta and West Point Rail Road Company, dated June 9, 1970, as authorized by order of the Interstate Commerce Commission dated November 9, 1970, in Finance Docket No. 26311; and (c) The Louisville and Nashville Railroad Company agrees to the relocation of the present connecting track, or to the substitution therefor of an alternate connecting track over Southern Railway Company trackage, as provided in Subsection (b) next above, and agrees to relocate or construct any necessary switch connections between the Western and Atlantic main track and either the relocated present connecting track, or the alternate trackage of Southern Railway Company. Provided, however, that the State of Georgia and/or its lessee, assignee, etc., shall defray all costs to any railroad company involved from such relocation of the existing connecting track, or of the adoption of an alternate connecting route over trackage of Southern Railway Company.

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If this letter, sent to you in duplicate, correctly expresses the agreement reached between the State of Georgia, acting through the Georgia State Properties Control Commission, and Louisville and Nashville Railroad Company, it is requested that, in evidence thereof, both counterparts of this letter be signed for the State, and one be returned for attaching to LN's copy of the Western Atlantic Railroad Lease. Yours very truly, Louisville and Nashville Railroad Company /s/ D. D. Strench Vice President-Operation September 24, 1971. Atlanta, Georgia. This letter correctly states the agreement arrived at, as set out above. Georgia State Properties Control Commission /s/ Jimmy Carter as its Chairman Copies to: Mr. Hershel Parmer Mr. C. F. Adnerson Mr. John H. Boman EXHIBIT E Legal Description Of Street Or Railroad Relocation Line BEGINNING at a point which point has coordinates of y = 1,367,316.65 feet and x = 430,373.53 feet from U.S.C. G Stations GLENN and WALTON (the coordinates from U.S.C.G. Stations GLENN and WALTON for each point in this description are hereinafter given in parentheses after each point) and running along a line having a bearing of south 21 degrees 23 minutes 59 seconds east (all bearings given in this description are from Grid

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North) a distance of 126.07 feet to a point (y = 1,367,199.27 feet, x = 430,419.53 feet); running thence along a line having a bearing of south 19 degrees 16 minutes 09 seconds east for a distance of 80 feet to a point (y = 1,367,123.75 feet, x = 430,445:93 feet); running thence along a line having a bearing of south 16 degrees 41 minutes 10 seconds east for a distance of 570.83 feet to a point (y = 1,366,576.96 feet, x = 430,609.83 feet); running thence along an arc having a radius of 1,062.30 feet a distance of 676.51 feet (which said arc has a chord of 665.14 feet on a bearing of south 34 degrees 55 minutes 51 seconds east from the point last described) to a point (y = 1,366,031.65 feet, x = 430,990.68 feet); running thence along a line having a bearing of south 53 degrees 10 minutes 28 seconds east for a distance of 456.92 feet to a point (y = 1,365,757.78 feet, x = 431,356.43 feet), which said point is the point of TERMINATION. EXHIBIT F RAPID TRANSIT R/W Tract (A): All that tract or parcel of land lying and being in Land Lots 77 and 78 of the 14th Land District of Fulton County, Georgia and being designated as RAPID TRANSIT R/W TRACT (A) on a plat of survey dated September 20, 1971, revised December 17, 1971, prepared by State Highway Department of Georgia Division of Surveys Aerial Mapping and W. A. Halliday, Georgia Registered Land Surveyor No. 1111, and entitled PROPERTY OF STATE OF GEORGIA; a copy of said plat is attached to this lease as Exhibit C and by reference incorporated into this description; said tract being more particularly described as follows: BEGINNING at a point which point has coordinates of y = 1,365,836.71 feet, x = 430,948.36 feet from U.S.C. G. Stations GLENN and WALTON (the coordinates from U.S.C. G. Stations GLENN and WALTON for each point in this legal description are hereinafter given in

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parentheses after each point) and running thence northerly along a line a distance of 18 feet to a point (y = 1,365,854.38 feet, x = 430,951.78 feet); running thence northwesterly along a line for a distance of 430 feet to a point (y = 1,365,936.04 feet, x = 430,529.60 feet); running thence northeasterly along a line a distance of 49 feet to a point (y = 1,365,948.15 feet, x = 430,538.91 feet); running thence southeasterly along a line a distance of 626 feet to a point (y = 1,365,865.27 feet, x = 431,153.52 feet); running thence southeasterly along a line a distance of 218.52 feet to a point (y = 1,365,759.99 feet, x = 431,345.01 feet); running thence northwesterly along a line a distance of 404.00 feet to a point, which point was the point of BEGINNING. Tract (B): All that tract or parcel of land lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, and containing 0.005 acre, more or less, and being designated as RAPID TRANSIT R/W TRACT (B) on a plat of survey dated September 20, 1971, revised December 17, 1971, and prepared by State Highway Department of Georgia Division of Surveys Aerial Mapping and W. A. Halliday, Georgia Registered Land Surveyor No. 1111, and entitled PROPERTY OF STATE OF GEORGIA; a copy of said plat is attached to this lease as Exhibit C and by reference incorporated into this description; said tract or parcel of land is more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at a point which point has coordinates of y = 1,365,965.06 feet, x = 430,284.83 feet from U.S.C. G. Stations GLENN and WALTON (the coordinates from U.S.C. G. Stations GLENN and WALTON for each point in this legal description are hereinafter given in parentheses after each point) and running thence along a line having a bearing of south 79 degrees 03 minutes 09 seconds east (all bearings given in this legal description are from Grid North) a distance of 92 feet to a point, which said point is the POINT OF BEGINNING; from said point of beginning running thence at right angles to the course first run, a distance of 18 feet to a point, running thence at right angles to the

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course last run a distance of 12 feet to a point; running thence at right angles to the course last run a distance of 18 feet to a point; running thence at right angles to the course last run a distance of 12 feet to a point, which was the POINT OF BEGINNING. Tract (C): All that tract or parcel of land lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia and being designated as RAPID TRANSIT R/W TRACT (C) on a plat of survey dated September 20, 1971, revised December 17, 1971, made by State Highway Department of Georgia Division of Surveys Aerial Mapping and W. A. Halliday, Georgia Registered Land Surveyor No. 1111, and entitled PROPERTY OF STATE OF GEORGIA; a copy of said plat is attached to this lease as Exhibit C and by reference incorporated into this description; said tract or parcel of land contains 0.272 acre, more or less; said tract or parcel of land is more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at a point which point has coordinates of y = 1,365,965.06 feet, x = 430,284.83 feet from U.S.C. G. Stations GLENN and WALTON (the coordinates from U.S.C. G. Stations GLENN and WALTON for each point in this legal description are hereinafter given in parentheses after each point) and running thence along a line having a bearing of north 16 degrees 40 minutes 19 seconds east (all bearings given in this legal description are from Grid North) a distance of 18.08 feet to a point (y = 1,365,982.38 feet, x = 430,290.02 feet) which said point is the POINT OF BEGINNING; running thence along a line having a bearing of north 16 degrees 40 minutes 19 seconds east a distance of 49.25 feet to a point (y = 1,366,029.56 feet, x = 430,304.15 feet); running thence southeasterly along a line a distance of 239.11 feet to a point (y = 1,365,984.15 feet, x = 430,538.91 feet); running thence southwesterly along a line a distance of 49 feet to a point (y = 1,365,936.04 feet, x = 430,529.60 feet); running thence northwesterly along a line

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a distance of 244.02 feet to a point, which point was the POINT OF BEGINNING. Approved March 1, 1972. COMPILER'S NOTE: On March 1, 1972 the above lease was signed by Jimmy Carter, as Governor and as Chairman of the State Properties Control Commission; and by Ben W. Fortson, Jr., as Secretary of the State Properties Control Commission. TORTSCONTRIBUTION AMONG SEVERAL TRESPASSERS ACT CHANGED. Code 105-2012 Amended. No. 834 (House Bill No. 1175). An Act to amend section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers, and as the same has been heretofore amended, particularly by an amendatory act entitled An Act to amend section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes, approved March 10, 1966, and as the same appears in Ga. L. 1966 pages 433-434; to provide that, without the necessity of being charged by suit or judgment, the right of contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death, and release therefrom; to provide an effective date; to repeal conflicting laws and parts of laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution

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among several trespassers, and as the same has been heretofore amended, particularly by an amendatory act entitled An Act to amend section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespasser so as to provide for the right of contribution where the several trespassers are not jointly sued; and for other purposes approved March 10, 1966, and as the same appears in Ga. L. 1966 pages 433-434, is hereby further amended by adding to subsection (1) of said section as so amended a new sentence to read Without the necessity of being charged by suit or judgment, the right of contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death, and release therefrom, so that said section as heretofore amended and hereby amended shall read as follows: 105-2012. Contribution, right of.(1) Where the tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if they had been jointly sued. Without the necessity of being charged by suit or judgment, the right of contribution from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death, and release therefrom. Code 105-2012 amended. (2) If judgment is entered jointly against several trespassers, and is paid off by one, the others shall be liable to him for contribution. Section 2. This Act shall become effective upon its approval by the Governor or on the date it becomes law without the approval of the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1972.

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RIGHT OF INDEMNITY CONTINUED. No. 835 (House Bill No. 1176). An Act to provide that without the necessity of being charged by suit or judgment the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death, and release therefrom; to provide an effective date; to repeal conflicting laws and parts of laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Without the necessity of being charged by suit or judgment, the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by compromise and settlement of a claim or claims for injury to person or property or for wrongful death, and release therefrom. Section 2. This Act shall become effective upon its approval by the Governor or on the date it becomes law without the approval of the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1972. CRIMESFAILURE TO LEAVE SCHOOL CAMPUS OR FACILITY WHEN PROPERLY DIRECTED. Code 26-2615 Enacted. No. 836 (House Bill No. 1277). An Act to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, so as to provide

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that certain persons who enter upon the campus or other facilities of any unit of the University System of Georgia, or any public school, and it reasonably appears that any such person is committing any act likely to interfere with the peaceful conduct of the activities of such campus or facility, or has entered such campus or facility for the purpose of committing any such act, shall be guilty of a misdemeanor if he refuses to leave such campus or facility when directed to do so by proper authority; to provide a penalty; to provide for certain definitions; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-26, relating to disorderly conduct and related offenses, a amended, is hereby amended by adding at the end thereof a new Code section to be designated Code section 26-2615 and to read as follows: 26-2615. Failure to leave campus or facility of unit of University System when directed. (a) In any case in which a person who is not a student or officer or employee of a unit of the University System, or of a public school, and who is not required by his employment to be on the campus or any other facility of any such unit, or of any such public school, enters such campus or facility, and it reasonably appears to the chief administrative officer of such campus or facility, or to any officer or employee designated by him to maintain order on such campus or facility, that such person is committing any act likely to interfere with the peaceful conduct of the activities of such campus or facility, or has entered such campus or facility for the purpose of committing any such act, the chief administrative officer or the officers or employees designated by him to maintain order on such campus or facility may direct such person to leave such campus or facility, and if such person fails to do so, he shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. Code 26-2615 enacted.

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(b) As used in this Section: (1) A `unit of the University System' means any college or university under the government, control and management of the Regents of the University System of Georgia. (2) `Public school' means any school under the control and management of a county, independent or area board of education supported by public funds and any school under the control and management of the State Board of Education or department or agency thereof supported by public funds. (3) In the case of a unit of the University System, `chief administrative officer' means the president of the unit of the University System or the officer designated by the Regents of the University System of Georgia to administer and be the officer in charge of a campus or other facility of a unit of the University System. (4) In the case of a public school, `chief administrative officer' means the principal of such school or an officer designated by the superintendent or board of education having jurisdiction of such school to be the officer in charge of such public school. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1972.

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PUBLIC SERVICE COMMISSIONPROCEDURE FOR UTILITY RATE CHANGES. Code 93-307.1 Enacted. No. 840 (House Bill No. 1179). An Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that no change shall be made by any utility as herein defined in any rate, charge, classification or service, or in any rule or regulation relating thereto, except upon 30 days' notice under certain conditions; to provide that the Commission may allow changes to take effect without requiring 30 days' notice under certain conditions; to provide that the Commission shall have the authority to enter upon a hearing concerning the reasonableness of such rate, charge, classification or service whenever any new schedule is filed with the Commission; to provide that the Commission may suspend the operation of such schedule and defer the use of such rate, charge, classification or service for a certain period of time; to provide that the Commission, after hearings, may make such orders as are proper; to provide that the proposed change of rate, charge, classification or service shall go into effect at the end of a certain period of time if the proceedings of the Commission have not been concluded and an order made at the expiration of such time; to provide that the Commission shall by order require the interested utility to keep detailed records and make refunds under certain conditions; to provide that the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the utility; to provide for a speedy hearing and decision of such questions; to provide for a bond; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission,

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is hereby amended by adding, immediately after Code section 93-307, a new Code section to be designated Code section 93-307.1, to read as follows: 93-307.1. (a) No change shall be made by any person, firm or corporation (hereinafter referred to as `utility') subject to the jurisdiction of the Public Service Commission in any rate, charge, classification or service subject to the jurisdiction of the Commission, or in any rule or regulation relating thereto, except after 30 days' notice to the Commission and to the public, unless the Commission otherwise orders, or unless the Commission has previously authorized or approved the same. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The Commission, for good cause shown, may allow changes to take effect without requiring the 30 days' notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published. Code 93-307.1 enacted. (b) Whenever any such new schedule is filed, the Commission shall have authority, either upon written complaint or upon its own initiative without complaint, at once, and, if it so orders, without answer or formal pleading by the utility but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, charge, classification, or service; and, pending such hearing and the decision thereon, the Commission, upon filing with such schedules and delivering to the utility affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification, or service, but not for a longer period than five months beyond the time when it would otherwise go into effect; and after such hearings as are required, either completed before or after the rate, charge, classification, or service goes into effect, the Commission may make such orders as are proper with reference thereto within the authority vested in the Commission. The Commission

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is empowered to reduce or revoke any such suspension with respect to all or any part of such schedule. If the proceeding has not been concluded and an order made at the expiration of the suspension period, the proposed change of rate, charge, classification, or service shall go into effect at the end of such period, but in case of a proposed increased rate or charge, the Commission shall by order require the interested utility to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid, and upon completion of the hearing and decision shall by further order require such utility to refund, with interest at the maximum legal rate, in such manner as the Commission may direct, such portion of such increased rates or charges as by its decision shall be found not justified. Any portion of such refunds not thus refunded to patrons or customers of the utility shall be refunded or disposed of by the utility as the Commission may direct, provided, however, no such funds shall accrue to the benefit of the utility. At any hearing involving a rate or charge sought to be increased, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the utility, and the Commission shall give to the hearing and decision of such questions preference over other questions pending before it and decide the same as speedily as possible. (c) Before any increased rate or charge shall go into effect without the approval of the Commission, the Commission shall by order, require the interested utility to file a bond with the Commission written by a surety approved by the Commission and authorized to transact business in this State. The bond shall be fixed by the Commission in an amount not to exceed two hundred fifty thousand dollars ($250,000.00). The bond shall be payable to the Governor and conditioned upon the faithful performance of the requirements of the refund order entered by the Commission, this Code Section, and the rules and regulations of the Commission. Section 2. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of

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the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Severability. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1972. EDUCATIONTEACHERS' RETIREMENT SYSTEMSERVICE RETIREMENT BENEFITS, ETC., CHANGED. No. 841 (House Bill No. 1184). 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 change the provisions relative to service retirement benefits, allowance on service retirement and disability retirement allowance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from the end of the first sentence of paragraph (a) of subsection (1) of section 5 the words: and shall have attained the age of 55 years., and by inserting a period following the word service where it appears immediately preceding said striken words so that when so amended, paragraph (a) of subsection (1) of section 5 shall read as follows: (a) Any member in service may retire upon written application to the Board of Trustees provided that the said member at the time of retirement shall have attained the

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age of 60 years and shall have 10 years or more of creditable service, or shall have 35 years or more of creditable service. The effective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Section 2. Said Act is further amended by striking from the first sentence of paragraph (c) of subsection (2) of section 5 the words, prior to his attainment of and inserting in lieu thereof the words, who has less than 35 years of creditable service or who has not attained, so than 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 who has less than 35 years of creditable service or who has not attained 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 per month for each year of service up to 40 years for retired members of the Teachers' Retirement System of Georgia, has been implemented to at least such $5.00 amount. Section 3. Said Act is further amended by inserting in paragraph (b) of subsection (3) of section 5 between the figure 62 and the word he the following words, or has 35 or more years of creditable service,, so that when so

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amended paragraph (b) of subsection (3) of section 5 shall read as follows: (b) If the member has attained age 62 or has 35 or more years of creditable service, 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1972. GEORGIA SCENIC TRAILS ACT. No. 842 (House Bill No. 1323). An Act to provide for the creation of a Georgia Scenic Trails System; to provide for a short title; to declare the purpose of said Act; to provide for certain duties and powers; to provide that persons granting certain rights-of-way or easements shall not be liable for injuries suffered to certain persons while on said rights-of-way or easements except under certain circumstances; to provide certain policies relative to the creation of a Georgia Scenic Trails System; to provide for other 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. Short Title. This Act shall be known and may be cited as the Georgia Scenic Trails Act. Section 2. Purpose. In order to provide for the increasing outdoor recreation needs of an expanding population with an increasing amount of leisure time, and in order to promote the enjoyment and appreciation of the outdoor areas of Georgia, and in order to provide for a healthful alternative to motorized travel, trails should be established in urban, suburban, rural and wilderness areas of Georgia. Therefore, the purpose of this Act is to provide for a Georgia Scenic Trails System. Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings indicated: (a) Department shall mean the Department of State Parks, or any succeeding analogous agency; (b) Council shall mean the Georgia Natural Areas Council, or any succeeding analogous agency; (c) Commission shall mean the Georgia Historical Commission, or any succeeding analogous agency; (d) System shall mean the Georgia Scenic Trails System provided for hereinafter. Section 4. Administration. The Department is hereby given the responsibility of creating a Georgia Scenic Trails System. In carrying out said responsibilities, it shall be the duty of the Department to identify and plan said System, to acquire or otherwise gain control over or rights to the use of the necessary land for said System and to construct, manage and maintain said System. It shall be the responsibility of the Department to secure the assistance of the Commission and the Council in the identification, planning, acquisition and development of trails having unique historical or natural significance. For the purpose of carrying out their primary duties as provided herein, the Department, Council and Commission shall be authorized to exercise

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any powers heretofore provided by law for said Department, Council and Commission, respectively, except for the powers of eminent domain; and, notwithstanding the provisions of any other statute concerning the improvement of land held in fee simple by the State of Georgia, shall be authorized to expend State funds for construction, maintenance and management of trails on lands acquired through purchase, easement, lease or donation; provided, however, that no buildings shall be constructed on any real estate to which the State of Georgia does not hold title in fee simple, unless it is held under a quit claim deed with a reversionary interest in the Federal Government or under a long term Federal license agreement with a reversionary interest in the Federal Government. Section 5. Policies. The Department, Council and Commission shall be guided by the following policies in creating and administering the Georgia Scenic Trails System: (a) A balanced system of trails throughout the State should be sought, including, but not limited to, the following types of trails: (1) Urban Trails: These would be located within or close to urban centers and would accommodate intensive use from urban residents. Activities would include jogging, walking and touring historic sites and other points of interest. (2) Bicycle Trails: These would be located in urban, suburban or rural areas and should be easily accessible to population centers. Bicycle trails in urban areas should provide an acceptable alternative to motorized transportation, and the cyclist should be protected from motorized traffic. (3) Horse Trails: These may extend through urban, suburban, rural or wilderness areas, and should be accessible to population centers. Supporting facilities may include stables, corrals, drinking water, primitive campsites and shelter.

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(4) Rural Hiking Trails: These would be accessible to, but not within, population centers, and may traverse areas of historic or scenic interest, pastureland and woodland. Activities would include hiking, walking, jogging, touring, camping and fishing. Support facilities may include simple toilet facilities, drinking water, primitive campsites, picnic tables and benches. (5) Primitive Hiking Trails: These would be primarily to provide the beauty and inspiration of the wilderness experience to an increasingly urban society. They may traverse small areas of pastoral land or roadway, but would be largely in undisturbed wilderness areas. Any facilities should be primitive in nature and widely separated. (6) Historical Trails: These would emphasize important events in the history of Georgia and would be appropriately marked to allow the user to become familiar with such history. (7) Trails combining any of the foregoing types of trails. (b) The use of the trails should be limited to those activities for which intended and appropriate steps should be taken to enforce this policy. (c) The physical facilities provided for the trails, such as trail markers, signs, toilet facilities, shelters, drinking water, campsites, picnic tables, parking areas, etc., should be in keeping with the intended use of the trails, and health, sanitation and safety requirements but should make minimum changes in the natural environment consistent with those objectives. (d) Assistance and encouragement should be provided for local governments in the development of trails, and a procedure should be adopted whereby such trails could be regulated and maintained as a part of the System. (e) The advice, cooperation and assistance of other State agencies, local governments and agencies thereof

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and private associations and organizations should be sought in developing and maintaining the System. (f) Planning and developing the System should be coordinated with the Area Planning and Development Commissions and the Bureau of State Planning and Community Affairs. (g) Trails should be planned, constructed and maintained on a long-term basis and in connection therewith, long-term control of the land making up the trails should be established by the acquisition in fee simple of rights-of-way to such land or by leases, easements or other appropriate long-term agreements. Where feasible, rights-of-way should be of sufficient width to preserve the recreational, scenic or historical uniqueness of the trail. (h) A program for the education of the public on the effective use and care of trails should be established. Section 6. Responsibility and Liability. Any person who goes upon or through the premises, including, but not limited to, lands, waters and private ways of another with or without permission to hunt, fish, swim, trap, camp, hike, sightsee or for any other purpose, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his behalf by an agency of the State or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for nor incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises: Provided, that the provisions of this Section shall not be construed as affecting the existing case law of Georgia of liability of owners or possessors of premises with respect to business invitees in commercial establishments nor to invited guests nor shall this Section be construed as to affect the attractive nuisance doctrine: Provided, further, that nothing in this Section contained shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.

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Section 7. Rules and Regulations. The Department, Council and Commission, either separately or jointly or separately and jointly, are hereby authorized to adopt and promulgate such rules and regulations as may be necessary to carry out the provisions of this Act. Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1972. GAME AND FISHHUNTING LICENSE PROVISIONS CLARIFIED. No. 843 (House Bill No. 1324). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. L. 1971, p. 38) and by an Act approved March 29, 1971 (Ga. L. 1971, p. 236) so as to clarify the provisions relative to hunting licenses; to provide for the intention of this Act; 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 completely and exhaustively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. L. 1971, p. 38) and by an Act approved March 29, 1971 (Ga. L. 1971, p. 236) is hereby amended by striking section 2 of the amendatory Act approved March 29, 1971 (Ga. L. 1971, p. 236) in its entirety and substituting in lieu thereof a new section 2 of said amendatory Act to read as follows:

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Section 2. Said Act is further amended by striking from section 30 (a) (I) the following: `(7) State Resident Alligator LicenseSeason50.00'. Alligator license, stricken. Section 2. It is the intention of this Act to conform the amendatory Act approved March 29, 1971 (Ga. L. 1971, p. 236) to the amendatory Act approved March 3, 1971 (Ga. L. 1971, p. 38) so as to provide that the provisions of said amendatory Act approved March 3, 1971 (Ga. L. 1971, p. 38) shall control relative to hunting licenses. 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 8, 1972. RETIREMENTTRANSFER OF CERTAIN CONTRIBUTIONS UNDER FEDERAL SOCIAL SECURITY ACT PROVIDED, ETC. No. 844 (House Bill No. 1333). An Act to amend an Act making provision for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, as amended, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, so as to provide for the transfer of the balance of the contribution fund to the General Fund; to provide the time and conditions of the transfer; 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 making provision for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, as amended, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, is hereby amended by striking subsection (b) of section 5 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The contribution fund shall be established and held separate and apart from any other funds or moneys of the State and shall be used and administered exclusively for the purpose of this Act. Withdrawals from such fund shall be made for, and solely for (A) payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under section 3; (B) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality; and (C) expenses incurred in the administration of this Act. Notwithstanding any other provision of this Act, the balance of the contribution fund, less a reasonable reserve to cover potential liabilities in an amount not to exceed $50,000.00, shall be transferred to the General Fund annually on or before the last day of the month following the close of the fiscal year. 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 8, 1972. WORKMAN'S COMPENSATIONPROVISION CHANGED AS TO NEW AWARD. Code 114-709 Amended. No. 845 (House Bill No. 1778). An Act to amend Code section 114-709, relating to review of award or settlement, as amended, particularly by an

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Act approved February 9, 1968 (Ga. L. 1968, p. 3), so as to change the provision which states that a new award shall not affect any compensation actually paid to any employee; 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 114-709, relating to review of award or settlement, as amended, particularly by an Act approved February 9, 1968 (Ga. L. 1968, p. 3), is hereby amended by striking from the first paragraph the following: , but shall not affect any compensation actually paid to any employee., and inserting in lieu thereof the following: . No award ending, diminishing or increasing the compensation previously awarded or agreed upon shall be made unless the parties agree thereto or, after due notice, a hearing has been held on the issues., so that when so amended Code section 114-709 shall read as follows: 114-709. Review of award or settlement on motion of Board or because of change in condition; award. Upon their own motion before judicial determination or upon the application of any party in interest on the ground of a change in condition, the State Board of Workmen's Compensation may, not later than two years from the date that the Board is notifed that the final payment of a claim has been made pursuant to a Board order, review any award or any settlement made between the parties and approved by the Board and, on such review may make an award ending, diminishing or increasing the compensation previously awarded or agreed upon, subject to the maximum or minimum provided in this Title, and shall immediately send to the parties a copy of the new award. The Board shall have jurisdiction on such review to consider evidence of, and make a new

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award, determining events which occurred and conditions which existed at any time since the last hearing or agreement which resulted in an award for either party. Such new award shall be effective as of the time the change in condition actually occurred as found by the Board, notwithstanding the retroactive effect of such award. No award ending, diminishing or increasing the compensation previously awarded or agreed upon shall be made unless the parties agree thereto or, after due notice, a hearing has been held on the issues. Code 114-709 amended. Notwithstanding any court decisions previously rendered construing this Code section, `change in condition' as used herein insofar as it relates to Code sections 114-404 and 114-405 shall mean solely an economic change in condition occasioned by the employee's return or ability to return to work for the same or any other employer; or inability to work or continue to work for the same or any other employer, which inability is proximately caused by the accidental injury. A Supplemental Memorandum of Agreement as to Payment of Compensation or any other agreement between the claimant and employer duly signed by the parties and approved by the State Board of Workmen's Compensation is, in the absence of fraud, accident or mistake, conclusive as to such a change in condition. An award of the Board based upon an approved agreement has the same legal effect and dignity as an award of the Board based upon evidence adduced at a hearing of the issues. Section 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 8, 1972.

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ALCOVY JUDICIAL CIRCUIT CREATED. No. 849 (House Bill No. 1181). An Act to create a new judicial circuit for the State of Georgia, to be known as the Alcovy Judicial Circuit, to be composed of the counties of Newton and Walton; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their appointment, election and compensation; to fix the terms of court; to provide for the transfer of proceedings to said circuit; to amend Code section 24-2501, relative to judicial circuits, so as to include said new circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective on the first day of the month following the effective date of this Act, there is hereby created a new judicial circuit of the Superior Courts of this State, to be known as the Alcovy Judicial Circuit, which circuit shall be composed of the counties of Newton and Walton. The offices of Judge of the Superior Court and District Attorney of the Alcovy Judicial Circuit are hereby created for said circuit. The initial judge and district attorney shall be appointed by the Governor and they shall take office on the first day of the month following the effective date of this Act and serve until December 31, 1972. In the general election of 1972, and each four years thereafter, successors to the initial judge and district attorney shall be elected and they shall take office on the 1st day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Created. Section 2. The compensation and allowances of the judge of said circuit shall be as now or hereafter provided by law. Compensation of judge. Section 3. The district attorney of said circuit shall be compensated on a salary basis, rather than a fee basis. He shall receive the compensation, expenses and allowances provided by law for district attorneys. District Attorney.

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Section 4. The terms of the Superior Court of Newton County shall be as follows: the first Mondays in January, April, July and October. The terms of the Superior Court of Walton County shall be the third Mondays in February, May, August and November. Terms. Section 5. The grand juries of said counties shall convene as provided by law, and whenever, in the opinion of the judge of said circuit, it is expedient or necessary to have a grand jury, he may in his discretion draw, call, and empanel a grand jury for services at any term of court. Grand jury. Section 6. All proceedings and litigations, civil, equitable and criminal, pending in the superior courts of Newton and Walton Counties at such time as they were a part of the Stone Mountain and Western Judicial Circuits, respectively, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending or commenced in such counties, shall relate to, become a part of, and be transferred to the respective superior courts of the Alcovy Judicial Circuit and its jurisdiction, when said circuit comes into existence. Pending proceedings. Section 7. Code section 24-2501, relating to the enumeration of the judicial circuits of this State and the counties comprising each circuit, as amended, is hereby amended by striking the figure 41 in the first sentence, and inserting in lieu thereof figure 42, and by adding after the words Alapaha Circuit, composed of the counties of Atkinson, Berrien, Clinch, Cook and Lanier., the words Alcovy Circuit, composed of the counties of Newton and Walton., and by striking the words Stone Mountain Circuit, composed of the counties of DeKalb, Newton and Rockdale., and substituting in lieu thereof, the words Stone Mountain Circuit, composed of the counties of DeKalb and Rockdale., and striking the words Western Circuit, composed of the counties of Clarke, Oconee and Walton., and substituting in lieu thereof the words Western Circuit, composed of the counties of Clarke and Oconee.

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Section 8. The provisions of this Act shall become effective upon the approval of the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1972. ROME JUDICIAL CIRCUITADDITIONAL JUDGE. No. 852 (Senate Bill No. 440). An Act to provide for an additional judge of the superior court of the Rome Judicial Circuit; to provide for the election of such judge; to provide for the election of his successors; to prescribe the powers of said judge; to prescribe the compensation and salary of said judge; to provide for rules for the transaction of business of the superior court of said circuit; to provide for a presiding judge of said circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution, a new judge of the superior courts is hereby added to the Rome Judicial Circuit, thereby increasing to two the number of judges of said circuit. Additional judge. Section 2. Such additional judge shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1972, for a term of four years beginning on the first day of January, 1973, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day

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of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this State. Election. Section 3. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Powers. Section 4. The compensation, salary and contingent expense allowance of said additional judge shall be the same as that of the other judge of the superior court of the Rome Judicial Circuit. Compensation. Section 5. The two judges, in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that neither of said judges shall be senior in point of continuous service as superior court judges, the judge who was first admitted to the State Bar shall be considered the senior judge. Division of work. Section 6. The judge who is senior in point of continuous service as superior court judge shall be the presiding judge of said circuit. In the event that neither of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be presiding judge. Presiding judge. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1972.

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GEORGIA PROPRIETARY SCHOOL ACT. No. 854 (Senate Bill No. 411). An Act to provide for the regulation of proprietary schools in implementation of sound, ethical standards of operation to assure the continued growth of these schools' contribution to the needs of the citizens and the economic development of the State of Georgia, and to provide for State approved proprietary schools in utilization and coordination of such schools as an integral part of the total educational resources program for occupational training offered by the State; to provide for a short title; to provide for definitions; to provide for all procedures, requirements and other matters relative to the foregoing; to provide for penalties; to provide for enforcement; to provide for injunctions; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Georgia Proprietary School Act. Section 2. Purpose and Objectives. The purpose of this Act is to establish in a unified and organized form regulatory laws relating to certain nontax-supported vocational educational institutions, as hereinafter defined, and to simplify, clarify and harmonize existing legal relationships relating to these institutions so as to provide adequate protection for students, educational institutions and the general public. Section 3. Definitions. The following words and terms, when used in this Act, shall have the following meanings unless the context clearly requires a different meaning. The meaning ascribed to the singular form shall also apply to the plural. (a) A proprietary school, referred to as school means any business enterprise operated for a profit, or on

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a nonprofit basis, which maintains a place of business within the State of Georgia, or solicits business within the State of Georgia, and which is not specifically exempted by the provisions of section 4 of this Act; and (1) Which offers or maintains a course or courses of instruction or study; and (2) At which place of business such a course or courses of instruction or study is available through classroom instruction or by correspondence, or both, to a person or persons for the purpose of training, preparing or improving such person for a field of endeavor in a business, trade, technical or industrial occupation. (b) Owners of a school means: (1) In the case of a school owned by an individual, that individual. (2) In the case of a school owned by a partnership, all full, silent and limited partners. (3) In the case of a school owned by a corporation, the corporation and each shareholder owning shares of issued and outstanding stock aggregating at least ten percent of the total of the issued and outstanding shares. (c) School employee means any person, other than an owner as hereinabove defined, who directly or indirectly receives compensation from the school for services rendered. (d) Representative means a person employed by the school as defined herein, whether the school is located within or without the State of Georgia, to act as an agent, solicitor, broker or independent contractor to directly procure students or enrollees for the school by solicitation within or without this State. (e) Administrator means the State Board of Education, or such person or persons as may be designated by them to administer the provisions of this Act.

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(f) Notice to the school means written correspondence sent to the address of record for legal service contained in the application for a Certificate of Approval as provided for hereinafter. Date of notice means the date the notice is mailed by the Administrator. (g) Support or supported means the primary source and means by which a school derives revenue to perpetrate its operation. (h) Commission means the Proprietary School Advisory Commission created by section 5 of this Act. (i) Person means any individual, firm, partnership, association, corporation or other private entity. (j) Course means any course, plan, or program of instruction, whether conducted in person, by mail, or by any other method. (k) Student means any person who contracts to pay for and be the recipient of any course as defined above. Section 4. Exemptions. The following schools, educational institutions, training programs or courses of instruction shall be specifically exempt from the provisions of this Act. (a) A school or educational institution supported by State or local government taxation or by taxation from State and local government. (b) Private, nontax-supported kindergartens, elementary or high schools. (c) Nonprofit schools owned, controlled, operated and conducted by religious, denominational, eleemosynary or similar public institutions exempt from property taxation under the laws of this State, but such schools may choose to apply for a Certificate of Approval hereunder, and upon approval and issuance, such schools shall be subject to the provisions of this Act as determined by the Administrator.

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(d) A school or training program which offers instruction on purely avocational or recreational subjects as determined by the Administrator. (e) A training program offered or sponsored by an employer for the training and preparation of its own employees, and for which no tuition fee is charged to the students. (f) A course or courses of study or instruction sponsored by a recognized trade, business or professional organization for the instruction of the members of the organization with a closed membership, and for which no tuition fee is charged to the student. (g) Private colleges and universities which award a baccalaureate, or higher degree, and which maintain and operate educational programs for which credits are given. A majority of said credits must be transferable to a college, junior college, or university accredited by a National Recognized Accrediting Agency accepted and approved by the State Board of Education. (h) A school which is otherwise regulated and approved under and pursuant to any other law of this State, including schools under the Joint Secretary, State Examining Boards; provided, however, that such schools may choose to apply for a Certificate of Approval hereunder, and upon approval and issuance, shall be subject to the provisions of this Act as determined by the Administrator. (i) A course or courses of special study or instruction financed in whole or in part by a local or State government, private industry, or by any person, firm, association or other agency, other than the student involved, on a contract basis and having a closed enrollment; provided, however, that a school financed in whole or in part by federal or special funds may apply to the Administrator for exemption from the provisions of this Act and may be declared exempt by the Administrator where he finds the operation of such school to be outside the purview of this Act.

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(j) Any organization which has done business nationally for sixty or more years and has done business in Georgia for twenty-five or more years. (k) Private colleges and universities located in foreign countries which award degrees and which maintain and operate educational programs; provided there shall be a blanket bond requirement in the penal sum of $50,000 to pay all damages or expenses which the state or any governmental subdivision thereof or any person may sustain in the event the courses, curriculum and instruction are not of such quality and content to reasonably and adequately meet the objectives of which the courses, curriculum or instruction are offered. Such institution shall file the bond with Secretary of State and consent to service with respect thereto. Section 5. Proprietary School Advisory Commission. (a) The Proprietary School Advisory Commission, referred to as the Commission, is hereby created to act as an advisor to the State Board of Education by developing rules and regulations, recommending changes in the law, and conducting studies to assist in carrying out the intent of this Act. The Commission shall be authorized to conduct investigations, including the visitation of schools and to make recommendations to the State Board of Education regarding the approval of schools. (b) The Commission shall consist of nine members appointed by the State Board of Education for a term of three (3) years, upon the recommendation of the State Superintendent of Schools. Not less than five of such initial members shall be appointed from owners or employees of proprietary schools accredited by a regional or national accrediting agency included in the most recent listing by the United States Office of Education of approved nationally recognized accrediting agencies. Subsequent appointments of such five members shall be owners or employees of proprietary schools approved by the State Board of Education.

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(c) The Commission shall recommend policies, regulations, minimum standards and general rules necessary for carrying out the provisions of this Act for acceptance, approval, adoption, or rejection by the State Board of Education. (d) The Commission shall elect one member as Chairman of the Commission. A majority of the appointed members, at the call of the Chairman, shall organize and elect other officers that the Commission deems necessary. The Chairman and other officers shall serve for such terms as the Commission shall establish. (e) The Commission shall meet at least quarterly on the call of the Administrator, or upon the written petition of at least four members of the Commission. (f) The members of the Commission shall serve without compensation, but on presentation of a voucher signed by the Chairman of the Commission and approved by the Administrator, each member shall be entitled to receive reimbursement for actual and necessary expenses incurred while carrying out official Commission business in accordance with the policy and regulations of the State of Georgia. (g) A majority of the Commission shall constitute a quorum for the conduct of business, but not less than four voting members must concur in order for the Commission to take official action. Section 6. Administration. The State Board of Education shall administer this Act, and to effectively carry out the provisions herein, said Board is hereby authorized to: (a) Adopt rules and regulations for the administration and enforcement of this Act with the advice of the Proprietary School Advisory Commission. (b) Delegate such authority to the State Superintendent of schools or such other administrative personnel as it deems necessary to carry out the provisions of this Act.

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(c) Use funds appropriated to the State Department of Education for the purpose of administering this Act. Section 7. Certificate of Approval. (a) The State Board of Education shall issue a Certificate of Approval upon determination that an applicant school meets the requirements of this Act. (b) Schools domiciled, or having their principal place of business outside of the State of Georgia, that solicit to contract or contract with any person within the State of Georgia shall be required to obtain a Certificate of Approval from the Administrator. (c) Any contract entered into with any person for a course or courses of instruction after the effective date of this Act by or on behalf of any owner, school employee or representative of a school subject to the provisions of this Act to which a Certificate of Approval has not been issued shall be unenforceable in any action brought thereon. Section 8. Application for Certificate of Approval. (a) Schools shall make written application to the Administrator for a Certificate of Approval. (b) Application for a Certificate of Approval shall be made on forms furnished by the Administrator and shall provide such information and accompanying data as provided by rules and regulations adopted pursuant to subsection (g) of section 5 of this Act. (c) The Administrator shall issue a Certificate of Approval upon determination that an applicant school meets the requirements of section 9 of this Act. The Administrator shall issue a Certificate of Approval to any proprietary school accredited by a regional or national accrediting agency included in the most recent listing by the United States Office of Education of approved nationally recognized accrediting agencies, provided, however, that the Administrator for cause may revoke or deny renewal of a Certificate of Approval for such schools.

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Section 9. Criteria. (a) Subject to the provisions of subsection (c) of section 8 of this Act, the Administrator shall not issue a Certificate of Approval to a school until and unless he is satisfied that the school meets the minimum standards required by this Act and the rules and regulations adopted pursuant thereto. (b) Minimum standards shall be adopted to insure that: (1) The courses, curriculum, and instruction are of such quality, content, and length as may reasonably and adequately achieve the stated objective for which the courses, curriculum or instruction are offered. (2) The school has adequate space, equipment, instructional material, and personnel to provide training of good quality. (3) The educational and experience qualifications of directors, administrators, and instructors are such as may reasonably insure that the students will receive training consistent with the objectives of their program of study. (4) The school maintains a written record of the previous education and training of the applicant student and training, with the new training period shortened where warranted through use of appropriate skills or achievement tests. (5) A copy of the schedule of tuition, fees, other charges and settlement policy, shall be a part of the original student contract. (6) Regulations pertaining to absence, grading policy, rules of operation, course outline and conduct shall be furnished to the student upon entry into classes. (7) Upon completion of training, the student is given a certificate or diploma by the school indicating satisfactory completion of training in the approved course. (8) Adequate records are kept to show attendance, progress or grades, and satisfactory standards are enforced relating to attendance, progress and conduct.

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(9) The school complies with all local, city, county, municipal, State and Federal regulations, such as fire codes, building and sanitation codes, according to any proof the Administrator may require. (10) The school is financially stable and capable of fulfilling its commitments for training. (11) The school does not utilize erroneous or misleading advertising, either by actual statement, omission, or intimation, and is not in violation of minimum standards of advertising. (12) The school's administrators, directors, owners, and instructors are of good reputation and character. (13) The institution has and maintains a reasonable and proper policy for the refund of the unused portion of tuition, fees and other charges in the event a student enrolled by the school fails to begin a course or withdraws or is discontinued therefrom at any time prior to completion, which policy shall take into account those costs to the school that are not diminished by the failure of the student to enter or complete the course of instruction. (c) In lieu of the criteria set forth in this section, or in addition thereto, the Administrator, for good cause shown, and with the advice of the Commission, may amend, modify, substitute or alter the terms of such criteria as necessary and advisable due to the specialized nature and objective of the subject school's operation. Section 10. Issuance of Certificate of Approval; Renewal. (a) The Administrator, upon review of an application for a Certificate of Approval duly submitted in accordance with the provisions of section 8 of this Act and meeting the requirements of section 9 of this Act, shall issue a Certificate of Approval to the applicant school. The Certificate of Approval shall be in a form recommended and approved by the Commission and shall state in a clear and conspicuous manner at least the following information:

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(1) The date of issuance, effective date and term of approval. (2) The correct name and address of the school. (3) The authority for approval and conditions of approval, if any, referring specifically to the approved catalog or bulletin published by the school. (4) The signature of the Administrator or such person as may have been designated by him to administer the provisions of this Act. (5) Any other fair and reasonable representations as are consistent with this Act and deemed necessary by the Administrator. (b) The term for which a Certificate of Approval shall be issued shall not exceed one year. (c) The Certificate of Approval shall be issued to the owner of the applicant school and shall be nontransferable. In the event of a change in ownership of the school, a new owner must, within ten days after the change in ownership, apply for a new Certificate of Approval. (d) At least thirty days prior to the expiration of a Certificate of Approval, the Administrator shall forward to the school a renewal application form which shall set forth any requirement by the Administrator for revised or additional information as may be necessary to enable the Administrator to renew the Certificate of Approval. (e) A school not yet in operation when its application for Certificate of Approval is filed may not begin operation until receipt of the Certificate of Approval. Section 11. Denial of Certificate of Approval. (a) If the Administrator, upon review and consideration of an application for a Certificate of Approval, or for the renewal thereof, shall determine the applicant to be unacceptable, the

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Administrator shall set forth the reasons for denial in writing to the applicant. (b) The Administrator shall grant to an applicant school an extension of time in which to eliminate the reason or reasons for denial contained in the statement of reasons for denial set forth by the Administrator where the applicant school has demonstrated to the satisfaction of the Administrator its desire to meet the requirements of section 9 of this Act. (c) A school which is in operation when the application for a Certificate of Approval is filed must suspend operations upon receipt of denial of Certificate of Approval, except as provided in subsection (b) of this Section, for any periods in which an appeal from the determination of the Administrator is pending pursuant to section 15 of this Act. Section 12. Revocation of Certificate of Approval. (a) The Administrator may revoke an issued Certificate of Approval or place reasonable conditions upon the continued approval represented by the Certificate. Prior to revocation or imposition of conditions upon a Certificate of Approval, the Administrator shall notify the holder of the Certificate in writing of the impending action setting forth the grounds for the action contemplated to be taken and affording a day and date at least thirty days hence on which the holder of the Certificate may be heard in response to the allegation of noncompliance with the provisions of this Act. (b) A Certificate of Approval may be revoked or made conditional if the Administrator has reasonable cause to believe that the school is guilty of a violation of this Act or of any rules and regulations promulgated hereunder. (c) The Administrator shall render a determination in writing to the school regarding the denial or imposition of conditions of a Certificate of Approval within thirty days from the date of appearance and response by the holder of the Certificate as provided in this Section.

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Section 13. Registration of Representatives. (a) No individual acting as an agent for or otherwise representing any person offering courses in this State, or from a place of business in this State, shall sell any course or solicit students therefor in this State for a consideration or remuneration unless he first secures a permit from the State Board of Education. If the agent represents more than one person, a separate permit shall be obtained for each person represented by him. Upon approval for a permit, the State Board of Education shall issue a pocket card to the agent showing thereon the agent's name and address, the name and address of the person he represents and certifying that the individual whose name appears on the card is an authorized agent of said person. The application for a permit shall be made on forms to be furnished by the State Board of Education. (b) Registration of a representative shall be effective upon receipt of notice from the State Superintendent and shall remain in effect until expiration of the school's Certificate of Approval. (c) Denial or revocation of registration of a representative by the State Superintendent shall be in accordance with the provisions of this Act applicable to denial or revocation of a Certificate of Approval. (d) Schools domiciled, or having their principal place of business, outside of the State of Georgia that engage representatives to solicit to contract or contract with any person within the State of Georgia shall be subject to the requirements for registration of representatives. (e) Any permit applied for pursuant to this section shall be granted or denied within fifteen (15) days after the receipt of the application therefor by the State Board of Education. If the State Board of Education has not completed its determination with respect to the issuance of a permit pursuant to this Section within such fifteen (15) day period, it shall issue a temporary permit to the applicant, which permit shall be sufficient to meet the requirements of this Act until such time as such determination is made.

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(f) Any permit issued may, upon ten days' notice and after a hearing, be revoked by the State Board of Education if the holder of the permit solicits or enrolls students through fraud, deception or misrepresentation or upon finding that the permit holder is not of good moral character. (g) The fact that a bond is in force pursuant to section 14 shall not limit or impair any right of recovery otherwise available pursuant to law, nor shall the amount of such bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled. (h) No recovery shall be had on any contract for, or in connection with, a course by any person selling or administering such course if the agent of such person was not the holder of a permit as required by this Section at the time such agent negotiated the contract for or sold such course. (i) No permit shall be issued pursuant to this section to any person found by the State Board of Education not to be of good moral character. Section 14. Bond Requirements . (a) Before a Certificate of Approval is issued under this Act, a blanket bond in the penal sum of $10,000.00 shall be provided by the school for the period during which the Certificate of Approval is issued and the obligation of the bond shall be that neither this Act nor any rule or regulation adopted pursuant thereto shall be violated by the school or any of its officers, agents or employees. The bond shall be a corporate surety bond issued by a company authorized to do business in the State conditioned that the parties thereto shall pay all damages or expenses which the State, or any governmental subdivision thereof, or any person may sustain resulting from any such violation. The bond shall be to the State for the use and benefit of any person or governmental subdivision of the State which may suffer expense or damage by breach thereof. The bond shall be filed with the Administrator. The aggregate liability of the surety shall not exceed the sum of $10,000 on all breaches of the conditions of the bond by the school and its officers, agents or employees. The surety on the bond may cancel such bond

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upon giving 30 days' notice in writing to the State Board of Education and thereafter shall be relieved of any liability for any breach of condition occurring after the effective date of such cancellation. (b) Before a representative may be registered under this Act, a blanket bond in the penal sum of $1,000.00 shall be provided by or for each such representative for a period running concurrently with that of the school's Certificate of Approval and the obligation of the bond shall be that neither a provision of this Act nor any rule or regulation adopted pursuant thereto shall be violated. The bond shall be a surety bond issued by a company authorized to do business in the State conditioned that the parties thereto shall pay all damages or expenses which the State, any governmental subdivision thereof, or any person may sustain resulting from any such violation. The bond shall be to the State for the use and benefit of any person or governmental subdivision of the State as may suffer expense or damage by breach thereof. The bond shall be filed with the Administrator. The aggregate liability of the surety shall not exceed the sum of $10,000 for all breaches of the conditions of the bond by each such representative. The surety on the bond may cancel such bond upon giving 30 days' notice in writing to the State Board of Education and shall thereafter be relieved of any liability for any breach of condition occurring after the effective date of said cancellation. (c) In lieu of the corporate surety bond required in sub-sections (a) and (b) of this Section, the school may, in the alternative, provide any other similar certificate or evidence of indebtedness as may be acceptable to the Administrator, provided that the certificate or evidence of indebtedness meets all the requirements applicable to the corporate surety bond. (d) Schools domiciled, or having their principal place of business outside of the State of Georgia that engage representatives to solicit to contract or contract with any person within the State of Georgia, shall be subject to the bond requirements for both the school and its representatives.

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(e) The Administrator, for good cause shown, as recommended and approved by the Commission, may waive and suspend the requirements set forth in subsections (a), (b) and (c) of this Section with respect to schools operating wholly or in part under a Federal grant where no tuition fee is charged to the student. Section 15. Appeals. Any person aggrieved by a decision of the State Board of Education respecting denial of a certificate of approval or the issuance, denial or revocation of a permit pursuant to Sections 11, 12 or 13 of this Act, shall have the right to appeal such decision in accordance with and pursuant to the following provisions: (a) If, upon written notification of proposed action by the State Board of Education, the school or representative desires to contest the action, the party subject to the dispute shall notify the State Board of Education in writing within fifteen days after the date of receipt of the official notice of the State Board of Education of the desire to be heard, and the school or representative shall be given a hearing before the State Board of Education. (b) Within twenty-one days after request for hearing made by the school representative, the State Board of Education shall fix a time and place of hearing which shall be held before the proposed action becomes effective. (c) At such hearing, the school or representative may employ counsel, if desired, and shall have the right to hear the evidence upon which the charges are made, to cross-examine all adverse witnesses, and to present evidence in opposition thereto, or in extenuation. (d) If a school or representative, upon notification of the proposed action, fails to request a hearing within fifteen days thereafter or after a hearing as hereinabove provided, the State Board's determination shall be entered as an order and shall stand as final and definitive. (e) If the State Board denies or revokes a Certificate or revokes the registration of a representative, the school or

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representative, as applicable, shall have the right to appeal such action to the State courts. Section 16. Prohibitions. (a) No person shall: (1) Operate a school without a Certificate of Approval issued by the Administrator. (2) Solicit prospective students without obtaining a permit as required by Section 13 of this Act and being bonded as required in Section 14 of this Act. (3) Accept contracts or enrollment applications from a representative who has not obtained a permit as required by Section 13 of this Act and who is not bonded as required in Section 14 of this Act. (4) Make, or cause to be made, any statement or representation, oral, written or visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, deceptive, substantially inaccurate or misleading. (5) Promise or guarantee employment utilizing information, training or skill purported to be provided or otherwise enhanced by a course, unless the promiser or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a specified period of time in a business or other enterprise regularly conducted by him and in which such information, training or skill is a normal condition of employment. (6) Do any act constituting part of the conduct or administration of a course, or the obtaining of students therefor, if such person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception or other misrepresentation, or by any person soliciting students without a permit.

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(b) Any person who violates a provision of subsection (a) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor, and each day a prohibited act continues shall constitute a separate offense. Section 17. Enforcement. The Attorney General or the District Attorneys of the Superior Courts, at the request of the State Board of Education or on their own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this Act. Section 18. Injunction to Prohibit Violations; in Addition to Other Remedies. Whenever it shall appear to the State Board of Education that any person, firm, company, partnership, association, or corporation is, or has been violating any of the provisions of this Act or any of the lawful rules, regulations, or orders of the Board, the Board may, on its own motion, or on the written complaint of any person, file a petition for injunction in the name of the Board in the proper superior court of this State against any such person, firm, company, partnership, association, or corporation, for the purpose of enjoining any such violation. It shall not be necessary that the Board allege or prove that it has no adequate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the Board has, and shall be in addition to any right of criminal prosecution provided by law. Section 19. Certificate and Registration Fees. Certificate and Registration fees shall be collected by the Administrator, who shall remit the same to the State Treasurer, in accordance with the following schedule: (a) The initial fee for a school shall be $100.00. (b) The annual renewal fee for a school shall be $50.00. (c) The initial registration fee for representatives shall be $10.00.

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(d) The annual renewal registration fee for a representative shall be $10.00. Section 20. List of Approved Schools and Agents. The State Board of Education shall maintain a list of schools and agents approved under the provisions of this Act. The list shall be available for the information of the public. Section 21. Funding. The State Board of Education shall request funds for the administration of this Act, and the General Assembly shall appropriate such funds as deemed adequate and necessary. Section 22. 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 23. Effective Date. For the purpose of appointing the Commission provided for by Section 5 of this Act, and for the purpose of making the necessary preparations to implement the provisions of this Act, it shall become effective on July 1, 1972, but for all other purposes, this Act shall become effective on January 1, 1973. Section 24. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1972.

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REVENUESTATE REVENUE COMMISSIONER AUTHORIZED TO RETURN COUNTY DIGESTS FOR UNIFORMITY CHANGES, ETC. No. 855 (Senate Bill No. 596). 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), as amended, so as to authorize the State Revenue Commissioner to return the tax digests for correction without specifying a fixed percentum to be added or deducted; to require the State Revenue Commissioner to adjust the total county millage levy where adjustments are made in the county digests; to provide that the changes ordered by the State Revenue Commissioner be effected; to provide that the total county millage levy for the current year shall be certified to the State Revenue Commissioner at the same time the digest for the current year is submitted for approval; 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 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), as amended, is hereby amended by striking subsection c of section 1 in its entirety and inserting in lieu thereof a new subsection c, which 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

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the classes of property have been fixed so that the per centum 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 have authority to adjust and equalize the same, either by adding a fixed per centum to the county valuation of any class of property in any county, if he finds the county valuation too low, or by deducting a fixed per centum from the county valuation if he finds the county valuation too high, as may appear to be just and right between the counties and within a county. The State Revenue Commissioner may, if he deems appropriate, return the digest to the local board of tax assessors to make adjustments in the valuation of any class or classes of property in the tax digest of any county as may be prescribed by the Commissioner to achieve the purpose and intent of this Act. When such adjustments to the county valuations are made, the State Revenue Commissioner shall adjust the county millage levy, if necessary, so as to ensure that the adjusted county digest will produce an amount of revenue reasonably equivalent to that amount of revenue which would have been produced had no adjustments been made to the county valuations; Provided, however, that in no case may the Commissioner reduce the millage levy below the rate required by the county to meet its fixed obligations. After making the adjustments authorized herein, the State Revenue Commissioner shall, by United States mail, notify the county board of tax assessors and the governing authority of the county affected of said adjustments necessary, and the Commissioner shall thereupon return the tax digest to the county for correction accordingly. Determination of uniformity. Section 2. Said Act is also amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. Upon receipt of the notice from the State Revenue Commissioner required by Section 1 of this Act, the county board of tax assessors and the governing authority of the county shall take such action as required to

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effect the adjustments made by the Commissioner to the county digest and county millage levy. County action. Section 3. Notwithstanding any provision of law to the contrary, the governing authority of each county shall submit to the State Revenue Commissioner, at the time the county tax digest for the current year is submitted for his approval, the total county millage levy established for the county for the current year pursuant to Georgia law, and the State Revenue Commissioner shall not consider any county tax digest unless the said tax rate as required herein is submitted. Tax rate to be submitted. 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 9, 1972. TEACHERS' RETIREMENT SYSTEM ACT AMENDEDCERTAIN LIBRARIANS ELIGIBLE FOR MEMBERSHIP. No. 856 (House Bill No. 1141). 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 change the definition of the term teacher; to provide that clerical personnel employed by regional and county libraries may become members of said Retirement System; to provide for the payment of certain of the employer's share; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from subsection 5 of section 1 the following sentence: The word `teacher' shall also include regional and county librarians who are compensated in whole or in part from State funds., and substituting in lieu thereof the following: The word `teacher' shall also include regional and county librarians and clerical personnel employed by such libraries. The employer's share on such retirement shall be paid from local funds on all salary amounts which are not paid from State funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1972. MOTOR VEHICLESUSED MOTOR VEHICLE PARTS DEALERS' ACT AMENDED. No. 858 (House Bill No. 1714). An Act to amend Section 8(d) 1 of the Act to create a State Board of Registration for Used Motor Vehicle Parts Dealers, approved March 14, 1966, (Ga. Laws 1966, pp. 471, 476), relating to the licensing and qualifications of used motor vehicle parts dealers, so as to provide that the Bond required of said dealers shall be approved by the Board instead of the 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. Section 8(d) 1 of the Act to create a State Board of Registration for Used Motor Vehicle Parts Dealers,

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approved March 14, 1966, (Ga. L. 1966, pp. 471, 476), is hereby amended by striking said section in its entirety and inserting in lieu thereof the following: Amount and appearance of bond to be fixed.The bond shall be in the amount of $10,000.00 and shall be filed immediately upon the granting of the license with the Board by the said licensee, and shall be approved by the Board as to form, as to solvency of the surety or sureties. For its service by the said Board in filing said bond, the licensee shall pay a fee of $1.00. The prospective licensee may file the required bond with the Board prior to the granting of a license for the Board's approval as hereinbefore mentioned. Bond. 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 9, 1972. MOTOR VEHICLESPROCEDURES PROVIDED FOR TRANSFER OF LICENSES AND TAGS. Code 68-214 Amended. No. 859 (House Bill No. 1715). An Act to amend Code section 68-214, relating to the registration and licensing of motor vehicles, as amended, particularly by an Act approved April 8, 1969 (Ga. L. 1969 p. 266), so as to provide for the transfer of licenses and tags of motor vehicles from one person to another; to provide the procedures connected with the foregoing matter; to require the payment of a fee of one ($1.00) dollar for the transfer of licenses and tags; to provide for 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 68-214, relating to the registration and licensing of motor vehicles, as amended, particularly by an Act approved April 8, 1969 (Ga. L. 1969 p. 266), is hereby amended by adding thereto a new paragraph to be designated (i) and to read as follows: (i) The State Revenue Commissioner is Authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of one ($1.00) dollar, and upon preparation and filing of an appropriate application therefor, annual and five (5) year licenses and tags may be transferred from one person to another. Said licenses and tags shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired annual tag or expired five (5) year tag shall obtain a current year annual tag or a current year renewal decal as provided for by this Chapter. Code 68-214 amended. Section 2. This Act shall become effective upon the approval of this Act 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 9, 1972. STATE TOLLWAY AUTHORITY ACT. No. 861 (Senate Bill No. 569). An Act to amend an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 302), as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Sess., p. 31), and an Act approved April 2, 1963 (Ga.

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L. 1963, p. 283), creating the State Toll Bridge Authority, so as to change the name of the Authority; to create the State Tollway Authority; to redefine the word project to include roads, bridges, tunnels, buildings, structures, parking areas, appurtenances and related facilities, and approaches, cross streets, roads, bridges, tunnels, and access avenues; to redefine certain other words; to define certain words and phrases; to authorize the Authority to acquire property by purchase or condemnation and to use or dispose of such property; to remove employee compensation restrictions; to provide for consideration of economic, social and environmental effects; to authorize the State Highway Engineer to approve plans and specifications; to remove bondholder approval of the employment of experts and engineers; to authorize the Authority to lease its property; to authorize the Governor to fix the amount of consideration for conveyances; to remove rate restrictions; to provide a method for toll projects to become part of the toll free State Highway System; to provide for the investment of Authority funds; to authorize the Authority to promulgate rules; to provide for the payment of principal and interest on revenue bonds; to provide for the use of Georgia banks and trust companies; to delete restrictions on the construction of projects; to provide for the continuation of the Authority's powers; to remove restrictions on the collection of tolls on existing toll free facilities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the State Toll Bridge Authority Act, dealing with the acquisition, construction, financing and self-liquidation of projects embracing bridges and approaches thereto, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 302), as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1963, Sept.-Oct. Sess., p. 31) and an Act approved April 2, 1963 (Ga. L. 1963, p. 283), is amended by striking from Section 1 thereof the following: Toll Bridge

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and by inserting in lieu thereof the following: Tollway; so that when so amended section 1 shall read as follows: Section 1. Short title. This may be cited as the `State Tollway Authority Act'.. Section 2. Said Act is further amended by striking from the first unnumbered paragraph of section 2 thereof the following: Toll Bridge and by inserting in lieu thereof the following: Tollway; so that when so amended the first unnumbered paragraph of section 2 of said Act shall read as follows: Section 2. State Tollway Authority. There is hereby created a body corporate and politic and an instrumentality and a public corporation of this State to be known as `State Tollway Authority'. It shall have perpetual existence. In same name it 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. Creation. Section 3. Said Act is further amended by striking from section 3 (a) thereof the following: Toll Bridge and by inserting in lieu thereof the following: Tollway; so that when so amended section 3(a) shall read as follows: (a) The word `Authority' shall mean the State Tollway Authority created by section 2 of this Act..

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Section 4. Said Act is amended by striking section 3 (b) thereof, defining the word project, in its entirety and by substituting in lieu thereof the following: (b) The word `project' shall be deemed to mean and include a system of roads, bridges, and tunnels, with access limited or unlimited as determined by the Authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system.. Project defined. Section 5. Said Act is amended by striking section 3(d) thereof, defining the word approach in its entirety and by substituting in lieu thereof the following: (d) The word `approach' shall be deemed to mean that distance on either end of a bridge as shall be required to develop the maximum traffic capacity of a bridge, including necessary rights-of-way, grading, paving, minor drainage structures, and such other construction necessary to the approach.. Section 6. Said Act is amended by striking from section 3 (e) thereof, defining the term cost of projects the following words at the beginning thereof: The term `cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired and by inserting in lieu thereof the following: The term `cost of the project' shall embrace the cost of construction, relocation or adjustments of utilities, the cost of all lands, properties, rights and easements and franchises, including relocation expenses as determined by the Authority; so that when so amended section 3 (e) shall read as follows: (e) the term `cost of the project' shall embrace the cost of construction, relocation or adjustments of utilities, the

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cost of all lands, properties, rights and easements and franchises, including relocation expenses as determined by the Authority, the cost of all machinery, and equipment necessary for the operation of the project, financing charges, interest prior to and during construction and for such a period of time after completion of the construction as shall be deemed necessary to admit of the earnings of the project being sufficient to meet the requirements of the bond issue, cost of engineering and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility, or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.. Cost of the project defined. Section 7. Said Act is amended by adding at the end of section 3 thereof the following new section to read as follows: (h) The word `utility' shall mean and include all publicly, privately, or cooperatively owned line, facility or system for producing, transmitting, transporting, or distributing communications, power electricity, light, heat, gas, oil products, passengers, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly owned fire, police, traffic signals and street lighting systems, which directly or indirectly serve the public or any part thereof, the person, municipal corporation, county, state agency, or authority created under the laws of Georgia pertaining to public utilities owned or managing a utility as heretofore defined.. Utility defined. Section 8. Said Act is further amended by adding at the end of section 3 thereof the following new section to read as follows:

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(i) The term `relocation expenses' shall embrace all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or non-profit organization displaced by authority projects to the extent required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress of the United States, approved January 2, 1971.. Relocation expenses defined. Section 9. Said Act is further amended by striking subsection (3) of section 4, relating to the acquisition, use, and disposition of property, and by inserting in lieu thereof a new subsection (3) to read as follows: (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, including, but not limited to the declaration of taking method, 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 to 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 this Act except from the funds provided under the authority of this Act, 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 of this Act upon which any lien or other encumbrance exists, unless at the time such property as so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full. Acquisitions. Section 10. Said Act is further amended by striking from subsection (4) of section 4 thereof, relating to authority employees, the following:

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provided that over any four year period the total compensation paid under this power shall never exceed an average of $25,000 per annum. so that when so amended subsection (4) of section 4 shall read as follows: (4) To appoint such additional officers, who need not be members of the Authority as the Authority deems advisable, and to employ such experts, employees and agents as may be, in its judgment, necessary; to fix their compensation and to promote and discharge such officers, employees and agents.. Employees. Section 11. Said Act is further amended by striking subsection (5) of section 4, relating to contracts, leases and conveyances, in its entirety and by substituting in lieu thereof a new subsection (5) to read as follows: (5) To make such contracts, leases or conveyances as the legitimate and necessary purpose of this Act shall require, including contracts for construction of projects; provided that the Authority shall consider the possible economic, social and environmental effect of each project and the Authority shall assure that possible adverse economic, social and environmental effects relating to any proposed project have been fully considered in developing such project and that the final decision on the project is made in the best overall public interest taking into consideration the need for fast, safe and efficient transportation, public services, and the cost of eliminating or minimizing adverse economic, social and environmental effects; Provided further that in order to assure that adequate consideration is given to economic, social and environmental effects of any tollway project under consideration, the Authority shall: Contracts, etc. (a) Follow the processes required for federal-aid highway projects as determined by the National Environmental Policy Act of 1969 except that final approval of the adequacy of such consideration shall rest with the Governor acting as the Chief Executive of the State upon recommendation of the Director of the State Highway Department

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acting as Chief Administrative officer of said Department. (b) In the location and design of any project, avoid the taking of or disruption of existing public park land or public recreation areas unless there are no prudent or feasible project location alternates. The determination of prudency and feasibility shall be the responsibility of the Authority as part of the consideration of the overall public interest. (c) Not approve and proceed with acquisition of rights-of-way and construction of any project until it has held, or has offered an opportunity to hold, public hearings on all projects in compliance with requirements for federal-aid highway projects as determined by the Federal-Aid Highway Act of 1970 and the adequacy of environmental considerations has been approved by the Governor in accordance with the foregoing provisions. (d) Provided further that all contracts for the construction of projects shall be let by public competitive bid upon plans and specifications approved by the State Highway Engineer or his successors. Section 12. Said Act is further amended by striking from subsection (10) of section 4 thereof, relating to covenants with bondholders, the following: approved by the bondholders so that when so amended subsection (10) of section 4 shall read as follows: (10) To covenant with bondholders for the preparation of annual budgets for each project and for approval thereof by engineers or other representatives designated by the bondholders of each project as may be provided for in any bond issue resolutions or trust indentures and to covenant for the employment of experts or traffic engineers.. Covenants with bondholders. Section 13. Said Act is further amended by redesignating subsection (11) of section 4 as subsection (12) and by

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adding between subsections (10) and (12) a new subsection to read as follows: (11) To lease its property to persons, firms, or corporations, public or private, for the construction of facilities of benefit to the general public.. Leases authorized. Section 14. Said Act is further amended by striking from section 7 thereof the following: a committee composed of and by striking from the same the following: , the Attorney General and the State Auditor; so that when so amended section 7 shall read as follows: Section 7. Power to convey highway rights-of-way. It is found, determined, and declared that the welfare of the State of Georgia will be served by the creation and operation of this Authority, and, that, to the end of accomplishing the purposes of the Authority, the power and authority to convey for and on behalf of the State so much of the State's highway rights-of-way as shall be necessary to the accomplishment of the purposes of this Act, is hereby by authority of the sovereign Legislature of the State, delegated to the Governor of the State. In the exercise of this power and authority, the Governor of the State is requested to execute such conveyances as shall be made under this authority upon payment to the State Treasurer of such consideration as the Governor shall determine to be meet and proper for each such individual rights-of-way so conveyed; provided, that no such conveyance shall be executed until such time as it be reasonably apparent that the Authority will be able to accomplish the financing, construction, and operation of the project or projects for which such conveyances are required; and provided further, in the event of the inability of the Authority to issue and/or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles,

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and interests so conveyed shall forever revert to the State of Georgia.. Conveyance of highway rights-of-way. Section 15. Said Act is further amended by striking from section 8 thereof the following: It being understood that daily users shall be accorded the lowest rate compatible with bare coverage of the revenue requirements of any project. so that when so amended section 8 shall read as follows: Section 8. Exercise of Toll Powers. For the purpose of earning sufficient revenues to make possible the financing of the construction of the projects of the Authority with revenue bonds, the Authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed. It is hereby found, determined, and declared that the necessities of revenue bond financing are such that the Authority's toll earnings on any given project or projects must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with the monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the Authority, are subject to the provisions of all bond resolutions, trust indentures, and all other contractual obligations of the Authority, the Authority is charged with the duty of the operation of each project at the most reasonable possible level of toll charges; and furthermore, the Authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project. In the exercise of the Authority's toll powers, the Authority is authorized to exercise so much of the police power of the State as shall be necessary to maintain the peace and accomplish the orderly handling of traffic on all projects operated by the Authority, and the Authority shall prescribe such rules and regulations for the method of taking tolls, employment and conduct of toll

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takers and other operating employees as the Authority may in its discretion employ.. Exercise of Toll Powers. Section 16. Said Act is further amended by striking section 9 thereof, relating to the cessation of tolls, in its entirety and by inserting in lieu thereof a new section 9 to read as follows: Section 9. Cessation of Tolls; Conveyance to State. When each and all of the bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently either primarily or secondarily, directly, or indirectly, or otherwise, have been paid in full, or a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, such project or projects, if then in a safe and satisfactory condition of repair, and traffic capacity in the judgment of the State Highway Department, shall become part of the State Highway System and shall thereafter be maintained by the State Highway Department free of tolls; provided, that in the event such project or projects shall not be in good condition in the judgment of the State Highway Department, the State Highway Department shall be charged with the duty of immediately advising the Authority in writing what shall be necessary to accomplish such safe and satisfactory condition of repair and traffic capacity, and the Authority shall thereafter apply sufficient revenue for such project or projects to accomplishment of such safe and satisfactory condition of repair and traffic capacity, and upon its accomplishment, such project or projects shall become toll free as provided above; and provided further, that upon the fulfillment of all conditions necessary to the cessation of tolls upon any given projects the Authority shall convey all right, title, and interest in and to such project to the State, for and in consideration of $1, which the Governor of the State is hereby authorized to pay from the State funds available to him before any State expenditure.. Cessation of Tolls.

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Section 17. Said Act is further amended by striking from subsection (6) of section 10 thereof, the following: in excess of 5 years and by inserting in lieu thereof the following: in excess of 2 years; so that when so amended subsection (6) of section 10 shall read as follows: (6) Investment at the highest interest rate obtainable in U. S. Government Securities of Guaranteed Convertibility or Maturities not in excess of 2 years; provided, that all funds so invested and all earnings of such funds shall always be available to, and ultimately expended for the other purposes of this Section.. Fund investment. Section 18. Said Act is further amended by adding to the end of section 11 thereof, relating to rules, the following: The Authority is hereby authorized to promulgate such rules and regulations for the use and occupancy of the project as may be necessary and proper for the public's safety and convenience, for the preservation of its property and for the collection of tolls.; so that when so amended section 11 shall read as follows: Section 11. Rules and Regulations for Operation of Project. It shall be the duty of the Authority to prescribe rules and regulations as approved by the State Highway Department for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of such project. The Authority is hereby authorized to promulgate such rules and regulations for the use and occupancy of the project as may be necessary and proper for the public's safety and convenience, for the preservation of its property and for the collection of tolls.. Operation of project.

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Section 19. Said Act is further amended by striking from section 12 thereof, relating to revenue bonds, the word solely, so that when so amended section 12 shall read as follows: Section 12. Revenue Bonds. The Authority shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable from, and may be secured by, a pledge of tolls and other revenues from all or any part of the project financed in whole or in part with the proceeds of such issue with the proceeds of bonds refunded or to be refunded by such issue. The bonds of each issue shall be dated, shall bear interest as provided for in Section 13 hereof, shall mature not later than 40 years from the date of issue, shall be payable in such media of payments 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.. Revenue bonds. Section 20. Said Act is further amended by striking from the first sentence of section 22 thereof, relating to revenue bonds, the words or outside of, so that when so amended section 22 shall read as follows: Section 22. Same: 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 the State. Such trust indenture may pledge or assign toll, 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 bondholder, including the right of the appointment of a receiver

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upon default in the payment of any principal or interest obligation and the right of any receiver or indenture trustee to enforce collection of tolls, revenues, or other charges for the use of the project or projects necessary to pay all costs of operation, all reserves provided for, the principal and interest on all bonds in a given 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 resolutions or trust indentures may include covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, and the custody, safeguarding and application of all monies, the operation and maintenance of the project or projects, and may also provide that any project shall be constructed and paid for under the supervision of the State Highway Department Engineer or other satisfactory to the original purchases of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues of other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bond holders and of the trustee and may restrict the individual right of action of bond holders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the 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.. Same, security. Section 21. Said Act is further amended by striking section 31, relating to the interest of bondholders, in its entirety and by inserting in lieu thereof a new Section to read as follows:

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Section 31. Same; interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds.. Same, bondholders interest protected. Section 22. Said Act is further amended by striking section 37 thereof, relating to the collection of tolls on existing toll free bridges, in its entirety. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1972. INFANTSAGE OF MAJORITY CHANGED. Code 74-104, 20-201, 29-106, 53-202, 53-204, 53-206, 53-208. No. 862 (Senate Bill No. 11). An Act to amend Code section 74-104, relating to the age of majority, so as to change the age of majority; to provide exceptions relative to students; to amend Code section 20-201, relating to infants' contracts, as amended, by an Act approved March 10, 1966 (Ga. L. 1966, p. 291) and by an Act approved April 24, 1969 (Ga. L. 1969, p. 641) so as to delete therefrom the provisions relative to the contracts of certain minors and disabled veterans who are 18 years of age or older; to amend Code section 29-106, relating to deeds of an infant, as amended by an Act approved March 10, 1966 (Ga. L. 1966, p. 291) and by an Act approved April 24, 1969 (Ga. L. 1969, p. 641) so as to delete therefrom the provisions relative to the deeds of certain minors and disabled veterans who are 18 years of age or older; to amend an Act known as the Georgia Gift to Minors Act approved March 9, 1955 (Ga. L. 1955, p. 592), as amended, particularly

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by an Act approved February 25, 1969 (Ga. L. 1969, p. 24) so as to change the provisions relative to the age of minors; to amend Code Chapter 53-2, relating to marriage licenses, as amended, particularly by an Act approved March 29, 1965 (Ga. L. 1965, p. 335) and by an Act approved March 26, 1968 (Ga. L. 1968, p. 382) so as to change the provisions therein relative to the ages of applicants for marriage licenses; to provide for determining resident status in connection with tuition and fees for persons who have attained the age of majority; to provide for the construction of this Act relative to the powers of the Board of Regents of the University System; to provide for the intention and construction of this Act; 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 74-104, relating to the age of majority, is hereby amended by striking the figure 21 and inserting in lieu thereof the figure 18, and by adding the following language at the end of Code section 74-104: Nothing in this Section shall be constructed to automatically render an individual a resident of this State, when that individual is in the State for the purpose of attending school. In the case of this individual, his residence will be considered to be the State in which his parents reside if under the laws of that State the individual would still be considered a minor and he is incapable of proving his emancipation., so that Code section 74-104 when so amended shall read as follows: 74-104. Age of majority. The age of legal majority in this State is 18 years; until that age all persons are minors. Nothing in this section shall be construed to automatically render an individual a resident of this State, when that individual is in the State for the purpose of attending school. In the case of this individual, his residence will be considered to be the State in which his parents reside if

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under the laws of that State the individual would still be considered a minor and he is incapable of proving his emancipation. Code 74-104 amended. Section 2. Code section 20-201, relating to infants' contracts, as amended by an Act approved March 10, 1966 (Ga. L. 1966, p. 291) and by an Act approved April 24, 1969 (Ga. L. 1969, p. 641), is hereby amended by striking therefrom the last two sentences in their entirety so that when so amended Code section 20-201 shall read as follows: 20-201. Infants' Contracts. Generally the contract of an infant is voidable. If in a contractual transaction an infant receives property or other valuable consideration, and, after arrival at the age of majority, retains possession of such property and continues to enjoy the benefit of such other valuable consideration, he shall have thereby ratified or affirmed the contract and it shall be binding on him. The contract of an infant for necessaries shall be binding on him as if he were of legal majority except that the party furnishing them to him must prove that the parent or guardian of such infant had failed or refused to supply sufficient necessaries for him. Code 20-201 amended. Section 3. Code section 29-106, relating to deeds of an infant, as amended by an Act approved March 10, 1966 (Ga. L. 1966, p. 291) and by an Act approved April 24, 1969 (Ga. L. 1969, p. 641) is hereby amended by striking therefrom the last two sentences in their entirety so that when so amended Code section 29-106 shall read as follows: 29-106. Deeds of an infant. The deed, security deed, bill of sale to secure debt, or any other conveyance of property or interest in property to or by an infant is voidable. If an infant has conveyed property or an interest in property, he may void such conveyance upon arrival at the age of majority; making another conveyance at that time will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to an infant, and, after arrival at the age of majority, he retains the possession or benefit of such property or interest in property, he shall have thereby ratified or affirmed the conveyance. Code 29-106 amended.

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Section 4. Code Chapter 53-2, relating to marriage licenses, as amended, particularly by an Act approved March 29, 1965 (Ga. L. 1965, p. 335), and by an Act approved March 26, 1968 (Ga. L. 1968, p. 382) is hereby amended by striking the second paragraph of Code section 53-202 in its entirety and substituting in lieu thereof a new second paragraph to read as follows: Provided, however, no marriage license shall be issued earlier than 3 days following the application therefor, unless the female applicant is pregnant and such pregnancy is proved by a certificate signed by a licensed physician of the State of Georgia, or unless the applicants are the parents of a living child born out of wedlock, or unless both applicants have been proved to have reached the age of majority, in any of which events a marriage license may be issued immediately. Any person who issues such license in violation of this paragraph, unless the parties fall under the 3 exceptions as hereinbefore mentioned, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as a misdemeanor. Such willful conduct shall constitute malpractice in office. Code 53-202 amended. Section 5. Said Code Chapter 53-2 is further amended by striking subsection A of Code section 53-204 in its entirety and substituting in lieu thereof a new subsection A to read as follows: A. In cases where the parties applying for a license have not yet reached the age of majority, their ages to be proved to the ordinary as hereinafter provided, the parents or guardians of each underage applicant must appear in person before the ordinary and consent to the proposed marriage, unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit, there must also be included an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. All applicants who have reached the age of majority, such proof being shown to the ordinary, as hereinafter mentioned, may be married immediately and waive the three-day

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mandatory waiting period. The licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 and 84-12 or corresponding requirements pertaining to licensed attending physicians in sister states. Code 53-204 amended. Section 6. Said Code Chapter 53-2 is further amended by striking Code section 53-206 in its entirety and substituting in lieu thereof a new Code section 53-206 to read as follows: 53-206. When the applicant claims that the parties have reached the age of majority, the ordinary to whom the application is made shall satisfy himself that the applicant's contention as to their ages is true. If the ordinary does not know of his own knowledge that both parties for whom a marriage license is sought have reached the age of majority, he shall require the applicants to furnish birth certificates, or baptismal certificates. In cases where the male applicant has not yet reached the age of majority and in cases where the female applicant has not yet reached her 16th birthday, in addition to parental consent, the underage applicant or applicants must submit evidence in the form of a physician's certificate that the female is pregnant or that both applicants are the parents of a living child born out of wedlock in which case the parties may be issued a marriage license immediately. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately. Physician's certificate shall include only those certificates signed by physicians licensed under Code Chapters 84-9 or 84-12. Code 53-206 amended. Section 7. Said Code Chapter 53-2 is further amended by striking the last proviso appearing at the end of Code section 53-208 and by inserting a period in lieu of the colon following the word residence where it appears immediately preceding said proviso so that when so amended Code section 53-208 shall read as follows: 53-208. Liability of ordinary for issuing license unlawfully. Any ordinary who by himself or clerk shall issue a license in violation of the time provision, or who shall knowingly

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grant a license without the required consent or without proper precaution in inquiring into the question of minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to be recovered at the suit of the father or mother, if living, and if not, father or mother, the guardian or legal representative of either of such contracting parties: Provided, that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage: and Provided further that no such action shall be brought prior to the expiration of 60 days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of 12 months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such ordinary's residence. Code 53-208 amended. Section 8. For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this State as a full-time student, as such status is defined by the Board of Regents of the University System of Georgia, in the absence of a clear demonstration that he has established domicile in this State and has otherwise complied with the rules governing the residency status of students as adopted by the Board of Regents of the University System of Georgia. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans or otherwise, shall be the same as that

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of his parent. In the event such person's parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance, or the parent having the larger income if neither furnishes such assistance. Students. Section 9. Nothing in this Act shall be construed to limit the power of the Board of Regents of the University system of Georgia to adopt and enforce rules and regulations for the government, control and management of the University System; nor shall this Act be construed so as to limit the authority of any institution in the University System of Georgia to adopt and enforce rules or regulations governing housing, conduct, discipline and other related activities of the student body. Board of Regents. Section 10. It is the intention of this Act to reduce the age of legal majority in this State from 21 years of age to 18 years of age for all purposes so that all persons who have reached the age of 18 shall have all the rights, privileges, powers, duties, responsibilities and liabilities heretofore applicable to persons who were 21 years of age or over. To further carry out this intention, the word twenty-one and the figure 21 are hereby stricken where the same appear in all laws of this State referring to the required age for majority and the word eighteen and the figure 18 are hereby inserted in lieu of said word and figure. Nothing in this Act shall be construed, however, to change the provisions of any general or local law relative to the required age to qualify for holding public office. Nothing in this Act shall have the effect of changing the age from 21 to 18, with respect to any legal instrument or court decree in existence prior to the effective date of this Act, when said instrument refers only to the age of majority or words of similar import. Intention. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1972.

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GAME AND FISHPUBLIC AUTHORIZED TO FISH IN CERTAIN SALT WATERS. No. 863 (Senate Bill 517). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide to the public access to and freedom to fish in any of the salt water creeks, streams, estuaries, sounds, rivers or bays of this State; 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 game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking in its entirety Section 88 which reads as follows: Section 88. Any person who shall fish in any of the salt water creeks, streams or estuaries leading from the Atlantic Ocean, sounds, rivers or bays of this State sur rounding the several islands of this State used or maintained in whole or in part as private or public game preserves, when such creek, stream or estuary leads into such island, or who shall enter such creek, stream or estuary for the purpose of fishing therein without the consent of the owners or resident guardian of such island, shall be guilty of a misdemeanor and punished as provided by law; provided, that this Section shall apply only to a salt water creek, stream or estuary that enters and ends in an island owned in its entirety by single ownership, family or estate. Section 2. An Act completely and exhaustively revising, superseding and consolidating the laws relating to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by adding two new sentences before the last sentence of section 81 to read as follows:

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Provided, however, that nothing contained in this section shall be construed to apply to the fishing or taking of fish, other than oysters, clams and other shell fish, in any of the salt water creeks, streams or estuaries leading from the Atlantic Ocean, sounds, or rivers or bays of this State surrounding the several islands of this State. It shall be unlawful for any person, firm or corporation to obstruct or interfere with the right of any person to fish in these salt water creeks, streams or estuaries leading from the Atlantic Ocean, sounds, or rivers or bays of this State surrounding the several islands of this State. so that when so amended section 81 shall read as follows: Section 81. Any person who shall fish in the waters or from upon the lands of another with or without a license, without first having obtained permission from such landowner or person in charge, shall be guilty of a misdemeanor and punished as provided by law. Provided, however, that nothing contained in this section shall be construed to apply to the fishing or taking of fish, other than oysters, clams and other shell fish, in any of the salt water creeks, streams or estuaries leading from the Atlantic Ocean, sounds, or rivers or bays of this State surrounding the several islands of this State. It shall be unlawful for any person, firm or corporation to obstruct or interfere with the right of any person to fish in these salt water creeks, streams or estuaries leading from the Atlantic Ocean, sounds, or rivers or bays of this State surrounding the several islands of this State. Wildlife rangers, sheriffs and deputy sheriffs, and all other peace officers of this State, any county or municipality thereof, shall enforce the provisions of this section. Salt waters exempted. Penalty. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1972.

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WILLSAPPOINTMENT OF CONSERVATORS AUTHORIZED FOR ESTATES OF CERTAIN ABSENT PERSONS. Code Chapter 113-27(a) Enacted. No. 864 (Senate Bill No. 590). An Act to amend Code Title 113, relating to wills, descent and administration of estates, as amended, so as to provide for the appointment of conservators for the estates of certain missing or absent persons; to provide and prescribe the powers and duties of conservators; to provide for the return of the property of the estate to such missing or absent persons under certain circumstances; to provide for definitions; to provide for jurisdiction; to provide for practice and procedure; to provide for notices and hearings; to provide for bonds; to provide for oaths; to provide for the rights, powers, and duties of conservators, absentees, absentees' dependents and judges; to provide for the resignation or removal of conservators; to provide for the sale or other disposition of real and personal property; to provide for petitions and the contents thereof; to provide for applications; to provide for reports and orders; to provide for accounts; to provide for returns; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 113, relating to wills, descent and administration of estates, as amended, is hereby amended by adding thereto a new Code Chapter to be designated Code Chapter 113-27(a), to read as follows: CHAPTER 113-27 CONSERVATORS FOR ESTATES OF MISSING OR ABSENT PERSONS. 113-2701(a). Absentee; definition. For the purposes of this Chapter the term `absentee' shall mean and include any

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person who is serving in or with the Armed Forces of the United States, the Red Cross, the Merchant Marine, or otherwise, during any period of time when a state of hostilities exist between the United States and any other nation or power and for a period of one year thereafter and who has been reported or listed as missing in action, interned in a neutral country or as having been captured by the enemy. 113-2702(a). Application for appointment of conservator; right to make, and circumstances under which made. When any resident of this State may be an `absentee' as defined in Code section 113-2701(a) herein, any person having an interest in the estate of such missing person or such spouse or next kin of such absentee by reason of being an heir at law, or a person having the legal custody of minors or incompetents who are heirs at law, may make application to the superior court of the county in which such missing person or absentee resided at the time of his disappearance, for the appointment of a conservator of his estate. 113-2703(a). Same; contents. Such application shall set forth the name of the missing person or absentee, his place of residence in said county, the circumstances under which he disappeared, what inquiry has been made as to his where-abouts, the fact that said missing person or absentee, if he were living, would probably have communicated with petitioner or with some person of whom inquiry has been made, a description of the property owned by such missing person or absentee, or in which he may have an interest, and the estimated value of such property, together with a statement showing the interest of the petitioner in said estate, and the names and addresses of all known heirs at law, and dependents of such missing person or absentee. 113-2704(a). Same; procedure and laws applicable. Oath and bond of conservator. Upon said petition being filed, the procedure shall be the same as in applications for administration on estates of deceased persons, and the laws applicable to the administration of estates shall apply to conservators of the estates of missing persons or absentees,

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except insofar as the same may conflict with the provisions of this Chapter. Said conservator shall on appointment subscribe an oath and give bond with good security as in the case of an administrator. 113-2705(a). Conservator's report and order of ordinary thereon. Said conservator shall, within 60 days after his appointment, make a written report to the superior court setting forth the condition of said estate, together with a schedule of any debts which may be owed by such missing person or absentee, an estimate of the income from said estate and the expenses necessary to the preservation of the same, and a statement showing the names, ages and condition of any persons who may have been dependent upon said missing person or absentee, and said judge may then, after making such further investigation as he may deem proper, make such order as will most effectively tend to provide for the support of any persons who may have been dependent upon such missing person or absentee for support, and shall authorize and direct said conservator to carry out the provisions of said order. Such order may be changed or modified in the discretion of the court, upon application to him by the conservator or by any person dependent upon said missing person or absentee or the guardian of any minor or incompetent dependent on such missing person or absentee. Such order may provide for the payment of such debts of the absentee as the court deems just and proper. 113-2706(a). Procedure on reappearance of missing person or absentee. If at any time before such missing person or absentee shall have been declared legally dead, by a competent court, in a proceeding brought for that purpose, such missing person or absentee should reappear, said conservator shall thereupon and within 60 days after demand by such missing person or absentee, make a final return to said court, and upon approval of such final return by the court he shall thereupon pay over and deliver all of such funds and property in his hands to said missing person or absentee, and such missing person or absentee, as well as the said conservator, shall have the right to appeal from

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any decision of the superior court approving or disapproving such final return in the manner now provided by law. 113-2707(a) Conservator to account to administrator or executor. If such missing person or absentee shall be declared legally dead, and his will probated, or administration had upon his estate, then such conservator shall account to the administrator or the executor of the estate of such missing person or absentee in the manner set forth in Code section 113-2706(a). 113-2708(a). Approval of final return by the superior court as discharge to conservator. In the absence of fraud, the approval by the superior court of such final return shall operate as a complete discharge of such conservator. 113-2709(a). Procedure for personal property, claims and for real property. (a) If the spouse or if there is no spouse, the next of kin or person having the legal custody of minors or incompetents of any person defined as an absentee, shall wish to: (1) sell, lease, mortgage, or otherwise dispose of specific personal property or any real property owned by the absentee or in which the absentee has an interest; (2) take specific action with respect to the absentee's interests; (3) sign a release or settle a claim on behalf of an absentee or any real property; then such spouse or next of kin may petition the superior court of the county in which the subject real estate is located or, if there is no real estate involved, then of the county of residence of the petitioner, for an order authorizing the action with respect to such property or interest. (b) Such petition shall be sworn to by the petitioner and shall state: (1) the names, addresses and ages of the spouse and children or, if none, the heirs at law of the absentee;

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(2) the name, address and age of any other person who would have an interest in the property or estate of the absentee if he were deceased; (3) the exact circumstances which caused the missing person to be an absentee under the provisions of Code Section 113-2701 (a), including the date he was first listed or reported as missing, interned or captured; (4) the reasons for the action for which the petition seeks authorization and the circumstances requiring such authorization; (5) whether the person alleged to be an absentee has a will, the whereabouts of said will and the contents thereof, if known; (6) a statement of all property constituting an asset of the alleged absentee's estate or in which the absentee has any interest, and the approximate value of such property. (c) A copy of the petition and notice of the date of the hearing on the petition shall be given to all persons named in the petition by registered mail and the receipt of mailing thereof shall be attached to the petition, said notice to be mailed at least 30 days prior to such hearing. (d) The superior court shall hear evidence on the question of whether the person alleged to be missing, interned, or captured is an absentee as defined by Code section 113-2701 (a) and on the question of whether the action proposed to be taken in the petition should be authorized. Any persons having an interest in such proceedings or property may intervene and produce evidence. (e) The court may appoint a guardian ad litem, in its discretion, to represent the alleged absentee at the hearing. (f) If, after hearing, the court is satisfied that the person alleged to be an absentee is an absentee as defined by Code section 113-2701 (a) that the proposed action in question should be authorized, and that there is no necessity

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for a full conservatorship as provided by Code section 113-2702(a) the court shall enter an order authorizing the petitioner to make the proposed sale, lease, mortgage, disposition, consent, release, settlement, or other action without subjecting other property of the absentee to a conservatorship proceeding. The court may retain jurisdiction of the proceeding to make such further orders as it shall deem appropriate. (g) Upon the return of the absentee and his demand therefor, or upon the demand of the absentee's administrator, executor, conservator, or other legal representative, a petition for accounting shall be filed by the petitioner in accordance with the procedures provided in Code sections 113-2706(a) and 113-2707(a). 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, 1972. INTOXICATING BEVERAGESREFERENDUMS IN MUNICIPALITIES AUTHORIZED, ETC. No. 865 (House Bill No. 595). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 199); and by an Act approved January 30, 1964 (Ga. L. 1964, p. 62); and by an Act which became effective without the signature of the Governor (Ga. L. 1964, p. 771); and by an Act approved March 31, 1965 (Ga. L. 1965, p. 451); and by an Act approved March 10, 1966 (Ga. L. 1966, p. 341); and by an Act

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which became effective without the signature of the Governor (Ga. L. 1968, p. 1443); and by an Act which became effective without the signature of the Governor (Ga. L. 1969, p. 1140), so as to provide the procedures and circumstances under which the taxation, legalization, control, manufacture, importation, distribution, sale and storage of alcoholic beverages and liquors may be authorized within the various municipalities of this State; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, (Ga. L. 1937-38, pp. 103-125), as amended, be and the same is hereby amended by inserting after the word counties in section 2 the words or municipalities. Section 2. Said Act is further amended by inserting after the word counties in section 3 the words or municipalities. Section 3. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The license hereinafter provided for and the tax levied on the manufacture, sale and distribution of distilled spirits and alcohol as authorized by this Act is hereby authorized only in those counties and municipalities in which a majority of those voting at an election to be held for the purpose, vote in favor of taxing and controlling alcoholic beverages and liquors as hereinafter provided for. Upon a petition signed by at least thirty-five per cent (35%) of the registered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the Ordinary of any county, in the case of a county, or with the mayor of any municipality, in the case of a municipality, such Ordinary or Mayor shall call a special election to be held within thirty days from the filing of

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this petition and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. At such special election there shall be submitted to the voters of the county or municipality who are qualified to vote the question of whether the manufacture, sale and distribution of alcoholic beverages and liquors in such political subdivision shall be permitted or prohibited. Such county election shall be held according to the rules and regulations governing elections for members of the General Assembly, but shall not be held at the time of holding any other election (primary or general) in said county. Such municipal election shall be held according to the Municipal Election Code, but shall not be held at the time of holding any other election (primary or general) in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and immediately declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon: Petition. Publication. `YES () NO () Shall alcoholic beverages and liquors be taxed, legalized and controlled? Those desiring to vote in favor of taxing, legalizing and controlling alcoholic beverages and liquor shall vote `Yes'. Those desiring to vote against taxing, legalizing and controlling alcoholic beverages and liquors shall vote `No'. If at such election a majority of the votes cast shall be in favor of taxing and controlling alcoholic beverages and liquors, the manufacture, possession, distribution and sale of such alcoholic beverages and liquors in such political subdivision shall be permitted in accordance with the provisions of this Act at the expiration of fifteen days from the declaration of the result. If at such election a majority of the votes cast shall be against the taxing and legalizing and controlling of alcoholic beverages and liquors, the manufacture, distribution and sale of same in such political subdivision shall be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. In any county or municipality

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which has at any time held an election in accordance with the provisions of this Act, resulting in the majority of the votes being cast in favor of taxing, legalizing and controlling alcoholic beverages and liquors, and the manufacture, distribution and sale of same in such political subdivision, the Ordinary of such county or the Mayor of such municipality shall, upon a petition signed by at least thirty-five percent (35%) of the registered qualified voters of the political subdivision concerned, proceed to call another election in the same manner as hereinbefore provided in this section, for the purpose of nullifying the previous election; however, no such election shall be called or had within two years after the date of the declaration of the result of the previous election had for such purpose under this Act. Section 4. Said Act is further amended by striking section 9(f) in its entirety and substituting in lieu thereof a new section 9(f) to read as follows: (f) Said Revenue Commissioner is hereby authorized to issue to growers of peaches, apples, pears, grapes and other perishable fruits grown in Georgia a license authorizing such growers to manufacture and distill liquors defined by this Act from such perishable fruit grown in this State for which permit said growers shall pay to the Revenue Commissioner an annual license fee of five hundred ($500.00) dollars. Provided, that any such liquors distilled or manufactured in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, wherein the liquors herein named are not to be sold under the terms of this Act, such licensee shall immediately store such liquors in a warehouse, or warehouses, designated by said Revenue Commissioner to be sold or disposed of under the supervision of said Commissioner in States, Counties, or Municipalities permitting the legal sale thereof. And provided further that it shall be unlawful for such licensee to sell or dispose of any such liquors in any county, municipality, or area wherein the sale of such liquors are forbidden by the terms of this Act, or to sell to any one not holding a wholesale or retail license granted under the terms of this Act. Provided, however, that no manufacturers

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license shall be issued for the manufacture of distilled spirits in any county or municipality of this State that has not voted in favor of the taxation and control of alcoholic beverages and liquors herein provided. Manufacture's license. Storage. Prohibition. Section 5. Said Act is further amended by inserting in the first sentence of section 9-B the words and as well as in counties where such sales are permitted only in certain incorporated areas, after the words as well as in the counties where such sales are permitted by this Act. Section 6. Said Act is further amended by inserting in the last sentence of section 11 before paragraph (a), the words or municipality after the word county. Section 7. Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. It shall be unlawful for any manufacturer, wholesaler, or retail distributor, or any person to ship or transport by any means whatsoever any of the distilled spirits or alcohol into any county or unincorporated area therein, as the case may be, in which county or area the manufacture, distribution and sale of such distilled spirits or alcohol has not been authorized under the terms of this Act or its amendments; provided, however, nothing herein contained shall prevent any manufacturer, wholesale or retail distributor from shipping or transporting said liquors through such counties, municipalities or unincorporated areas within a county, where the destination of such liquors is beyond the respective jurisdictional boundaries of such county, municipality, or unincorporated area within a county. Certain transportation prohibited. Section 8. Said Act is further amended by inserting in the last sentence of the first paragraph of section 17 the words or municipalities after the word counties. Section 9. Said Act is further amended by inserting in the last sentence of section 17 the words or areas after the word counties the first time it appears, and the words

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and municipalities after the word counties the second time it appears. Section 10. Said Act is further amended by inserting after the word county wherever it appears in section 24 the words or municipality, and by inserting after the word counties as it appears in the last sentence thereof the words and municipalities, so that when so amended, section 24 shall read as follows: Section 24. Be it further enacted by the authority aforesaid that no retail license or stamps shall be sold to any applicant or person, unless an application is filed accompanied by a certificate by the Ordinary of the county of such applicant's residence, certifying that said applicant has been a bona fide resident of said county or municipality for at least twelve months immediately preceding such application and no stamps or retail license shall be sold to any person who has not been a resident of this State for the last twelve months immediately preceding such sale, or a county or municipality in which liquor may be legally sold under this Act. It is the purpose and intention of this section to prevent the sale of liquor in any county or municipality other than those counties and municipalities in which liquor may be legally sold under this Act. License qualifications. Section 11. Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof a new section 27 to read as follows: Section 27. Any person found in possession or control of more than one quart of spirituous, vinous or alcoholic liquor in any county or municipality of this State (except such counties or municipalities in which liquor may be legally sold or transported under the terms of this Act) shall be guilty of a misdemeanor, and upon conviction, punishable as in cases of misdemeanors. The fact that such person may have a license or liquor stamps shall be no defense in such prosecutions, where said liquor is carried into a county or area to which the terms of this Act do not apply, and wherein liquor is not legalized under the terms of this Act. Possession in dry counties.

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It is the intent and purpose of this section to maintain the present prohibition law against liquor and alcoholic beverages in those counties and unincorporated areas of this State not specially exempted from the provisions of the prohibition law under this Act; and to provide for the trial and conviction of persons guilty of selling or possessing such liquor in such counties or unincorporated areas, as is now provided by law unless exception is made herein, prior to the passage of this Act; and it is for the purpose and intent of this section to provide that the prohibition law is not repealed in Georgia, except in the counties or municipalities, as the case may be, which have by a majority vote voted this Act into operation. Section 12. Said Act is further amended by striking from section 28 the words of the counties and substituting in lieu thereof the words county or municipality, so that when so amended, section 28 shall read as follows: Section 28. It shall be unlawful to sell any liquor in any county or municipality specified by this Act between the hours of 12:00 o'clock, midnight, on Saturday night, until the hour of 12:00 o'clock, midnight, on Sunday night, at any time and at any time on election days. Hours of sale. It is the purpose and intent of this section to prevent the sale of liquor on Sunday and election days, and any violation of same shall be a misdemeanor, by the buyer and/or the seller. Punishment. Section 13. Said Act is further amended by inserting in the first sentence of section 31 the words or municipality after the word county. Section 14. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Effective date. Section 15. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 10, 1972.

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HEALTHEYE, EAR AND DENTAL EXAMINATIONS DIRECTED FOR CERTAIN STUDENTS. No. 866 (House Bill No. 1158). An Act to require the State Department of Public Health, in cooperation with the State Board of Education, to promulgate rules and regulations providing for eye, ear and dental examinations for students in the public schools of this State; to provide for all 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. The State Department of Public Health is hereby authorized and directed, in cooperation with the State Board of Education, to promulgate rules and regulations to provide for eye, ear and dental examinations for each student entering the first grade in the public schools of this State and at such other times as such rules and regulations shall provide. Such rules and regulations shall provide procedures for local boards of health to provide for such examinations and for the issuance of a certificate to the parent or parents of children entering the first grade indicating that such examinations have been made and such certificates shall be turned in to the school officials at the time of enrollment. Such rules and regulations shall further provide that the examinations required herein may be made by private practitioners and authorize the certification provided for herein by such private practitioners. Authorized. Section 2. The provisions of this Act shall become effective September 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1972.

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LAND CONVEYANCE TO THE CITY OF CAVE SPRING AUTHORIZED. No. 103 (House Resolution No. 742-1719). A Resolution. Authorizing the conveyance of certain real property located in Floyd County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Floyd County, Georgia, more particularly described as Parcels One, Two, Three, Four and Five hereinbelow which is currently under the control and jurisdiction of the State Board of Education and used in conjunction with the Georgia School for the Deaf at Cave Spring, Georgia; and Whereas, there is located upon Parcel One described below a Sewage Treatment Plant which, along with the system of outfall and interceptor lines, is presently maintained and operated by the Georgia School for the Deaf; and Whereas, the Georgia School for the Deaf presently sells sanitary sewer services to the City of Cave Spring, Georgia, pursuant to an agreement entered into by and between the City of Cave Spring and the State Board of Education; and Whereas, the City of Cave Spring, for Ten Dollars and other valuable consideration, conveyed the said Sewage Treatment plant and the system of outfall and sewer interceptor lines to the State Board of Education of the State of Georgia by a Deed dated March 30, 1968, recorded in Deed Book 457, page 370, in the Clerk's Office of the Superior Court of Floyd County, Georgia; and Whereas, the Georgia School for the Deaf presently owns, operates and maintains its own water system; and

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Whereas, the City of Cave Spring has proposed that, upon conveyance to it by the State of Georgia of the real property described hereinbelow as Parcels One, Two, Three, Four and Five, it will operate and maintain said Sewage Treatment Plant and the system of outfall and sewer interceptor lines, as well as construct, upon Parcel Five, a new water storage tank and operate and maintain a water system thereby permitting the Georgia School for the Deaf to purchase sanitary sewer services and water from the City of Cave Spring and to relieve itself of the operation and maintenance of its own sewage and water systems; and Whereas, the real property involved is more particularly described as follows: PARCEL ONE: All that tract or parcel of land situate, lying and being in Land Lot 727 and 786 in the 3rd District and 4th Section of Floyd County, Georgia, described as follows: BEGINNING at the point where the southeasterly right of way line of Southern Railway Company railroad right of way (25 feet southeast of center of railroad main line track) crosses the east right of way line of Mill Street (also known as Old Mill Road), (which street or road right of way is 30 feet wide and runs along the west land lot line of said Land Lot 786); and from said beginning point running North 42 degrees 06 minutes East, along the said southeast railroad right of way line, 267.8 feet; thence North 45 degrees East, along the said southeast railroad right of way line, 885.2 feet, to point which is approximately 75 feet southwest of the center of branch near railroad trestle; thence South 50 degrees 30 minutes East 370 feet; thence South 45 degrees West parallel to said southeast railroad right of way line, 350 feet; thence North 50 degrees 30 minutes West, parallel to the north-east line of the tract hereby described 340 feet, to point 30 feet South 50 degrees 30 minutes East of the said southeast railroad right of way line; thence South 45 degrees West, parallel to and 30 feet southeast of said

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southeast railroad right of way line, 538.1 feet; thence South 42 degrees 06 minutes West, parallel to and 30 feet southeast of said southeast railroad right of way line, 299.4 feet, to the said east right of way line of said Mill Street (also known as Old Mill Road); and thence North 6 minutes West, along said east right of way line of said Mill Street (also known as Old Mill Road), 45 feet, to the beginning point. Said tract contains 3.58 acres, more or less, and is shown on plat recorded in the office of the Clerk of the Superior Court of Floyd County, Georgia in Plat Book 8, page 45, to which reference is hereby made for a full and complete description and which is incorporated, by reference, herein. There is located upon the above described property a sewage treatment plant and there is also hereby described said plant and outfall, and the easements therefor, and the sewage interceptor lines located upon the lands of the State of Georgia under the control of the State Board of Education at Cave Spring, Georgia. PARCEL TWO: An easement for ingress and egress to a water tank site over and across all that tract or parcel of land situate, lying and being in Land Lot 872 of the 3rd District and 4th Section of Floyd County, Georgia, being a strip of land 20 feet wide lying 10 feet on either side of a surveyed centerline more particularly described as follows: BEGINNING at the point of intersection of the centerline of Asylum Street (also known as Padlock Street) and the centerline of an existing Campus Drive of the Georgia School for the Deaf, which said existing Campus Drive is located near the eastern boundary line of Land Lot 872, and from said point of intersection running thence south 51 degrees 59 minutes west for a distance of 226.4 feet to a point; running thence 58 feet, more or less, along an arc curving to the left, which said arc has a chord 57.5 feet in length on a bearing of south 35 degrees 21 minutes west, to a point; running thence south 18 degrees 43 minutes west a distance of 51.9 feet to a point; running

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thence 91 feet, more or less, along an arc curving to the right, which arc has a chord 90.2 feet in length on a bearing of south 10 degrees 34 minutes west, to a point; running thence 101 feet, more or less, along an arc curving to the left, which arc has a chord 100.8 feet in length on a bearing of south 19 degrees 49 minutes west, to a point; running thence 110 feet, more or less, along an arc curving to the left, which arc has a chord 109.4 feet in length on a bearing of south 2 degrees 21 minutes east, to a point which point is the point of TERMINATION of the surveyed centerline. PARCEL THREE: An easement for ingress and egress to a water tank site over and across a parcel of land situate, lying and being in Land Lots 872, 929, and 928, of the 3rd District and 4th Section of Floyd County, Georgia, being a strip of land 50 feet in width lying 25 feet on either side of a surveyed centerline more particularly described as follows: BEGINNING at the point of TERMINATION of the 20 foot easement described as Parcel Two above, and running thence south 00 degrees 11 minutes east for a distance of 274.0 feet to a point; running thence 98.2 feet along an arc curving to the left, which arc has a chord 97.3 feet in length on a bearing of south 13 degrees 37 minutes east, to a point; running thence south 27 degrees 04 minutes east for a distance of 614.4 feet to a point; running thence 98.1 feet along an arc curving to the left, which arc has a chord 89.7 feet in length on a bearing of south 68 degrees 42 minutes east, to a point; running thence north 69 degrees 41 minutes east a distance of 40 feet to a point; running thence 92.4 feet along an arch curving to the left which said arc has a chord 89.0 feet in length on a bearing of north 42 degrees 33 minutes east, to a point; running thence 99.1 feet along an arc curving to the right, which said arc has a chord 98.7 feet in length on a bearing of north 24 degrees 35 minutes east, to a point; running thence north 33 degrees 45 minutes east a distance of 56.3 feet to a point which is the point of TERMINATION of said surveyed centerline of the 50 foot strip of land.

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PARCEL FOUR: An easement for a 10 inch water line over, under or across a parcel of land lying and being in Land Lots 928 and 929 of the 3rd District and 4th Section of Floyd County, Georgia, being a strip of land 10 feet in width and lying 5 feet on either side of a surveyed centerline more particularly described as follows: BEGINNING at the point of TERMINATION of the 50 foot easement for ingress and egress to a water tank site described as Parcel Three above, and running thence north 80 degrees 03 minutes west for a distance of 802.5 feet to a point located in the east boundary line of Rolater Park, which said point is located 18.5 feet on a bearing of south 11 degrees 14 minutes west from a concrete monument and which said point is the point of TERMINATION of the said 10 foot strip of land. PARCEL FIVE: All that tract or parcel of land lying and being in Land Lot 928 of the 3rd District and 4th Section of Floyd County, Georgia and being more particularly described as follows: To find the point of beginning, commence at the point of intersection of the northern line of Land Lot 928 with the eastern line of Land Lot 929, and running thence south 89 degrees 06 minutes east for a distance of 430 feet, more or less, to a concrete monument; running thence south 4 degrees 21 minutes east for a distance of 367.3 feet to a iron pipe, which said iron pipe marks the point of beginning; running thence south 04 degrees 21 minutes east for a distance of 200.0 feet to a concrete monument; running thence south 85 degrees 39 minutes west for a distance of 200.0 feet to an iron pipe; running thence north 04 degrees 21 minutes west for a distance of 200.0 feet to an iron pipe; running thence north 85 degrees 39 minutes east for a distance of 200.0 feet to an iron pipe, which said iron pipe was the point of beginning.

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Parcels Two, Three, Four and Five described above are more particularly shown by a plat of survey dated January 20, 1972, revised January 25, 1972, by Williams, Sweitzer and Barnum, Inc., Engineers-Surveyors, and more particularly by Paul C. Williams, Georgia Registered Land Surveyor No. 903, and entitled SURVEYED FOR CITY OF CAVE SPRING, GA., which said plat of survey, by reference, is specifically incorporated herein and made a part hereof. Now, therefore, be it resolved by the General Assembly of Georgia; that the Governor acting for and on behalf of the State of Georgia, is hereby authorized to convey the said described Parcels One, Two, Three, Four and Five subject to the following conditions: (1) that said Parcels One, Two, Three, Four and Five shall be conveyed to the City of Cave Spring in Floyd County, Georgia. (2) that the consideration for said conveyance shall be the execution of an agreement between the City of Cave Spring, Georgia, and the State Board of Education, satisfactory to State Board of Education, for the purchase of sanitary sewage and water services by the Georgia School for the Deaf from the City of Cave Spring, Georgia. (3) that the conveyance of said Parcels One, Two, Three, Four and Five and this entire transaction shall be approved by the State Properties Control Commission. Approved March 9, 1972. DISTRICT ATTORNEY EMERITUS ACT AMENDED, ETC. No. 868 (House Bill No. 208). An Act to amend an Act entitled, An Act to provide for the creation of the office of district attorney emeritus; to

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prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said Fund; and for other purposes., approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, so as to provide that any time served by a district attorney as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, may be counted in computing the number of years of service required of a district attorney 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 provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said Fund; and for other purposes., approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, is hereby amended by adding a new paragraph at the end of section 9, to read as follows: Provided, further, that in computing years of service as a district attorney for any purpose under this Act, any time served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, may be counted in computing the number of years of service required of any district attorney if he shall pay into the Retirement Fund the maximum payment provided by this Act for each year of service actually served as a member of the General Assembly not to exceed three years and any time served as an attorney for the State or any Authority thereof on a salary basis, plus interest on each payment at the rate of six percent per annum, such payment to be made within six months after the effective date of this Act.

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In computing such credit, any such district attorney shall be credited for a full year for each year of membership in the General Assembly of Georgia and a full year for each year he served as an attorney for the State or any Authority thereof on a salary basis. 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 16, 1972. STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND SURVEYORS ACT AMENDED. No. 869 (House Bill No. 276). An Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, approved March 8, 1945 (Ga. L. 1945, p. 294), as amended, particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 611), an Act approved March 9, 1956 (Ga. L. 1956, p. 679), and an Act approved March 25, 1958 (Ga. L. 1958, p. 358), so as to change the definition of an Engineer-in-Training; to change the definition of the practice of land surveying; to provide qualifications for board members; to provide qualifications for applicants; to change the provisions relative to affixing a seal; to provide for the buildings to be covered by this Act; to provide for temporary permits; to provide exceptions; to change the provisions relative to disciplinary procedures; to provide for all matters relative thereto; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act establishing a State Board of Registration for Professional Engineers and Surveyors and defining its powers and duties, approved March 8, 1945 (Ga. L. 1945, p. 294), as amended, particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 611), an Act approved March 9, 1956 (Ga. L. 1956, p. 679), and an Act approved March 25, 1958 (Ga. L. 1958, p. 358), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. (a) The term `Professional Engineer' as used in this Act, shall mean a person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles by which mechanical properties of matter are made useful to man in structures and machines, acquired by professional education and practical experience, to engage in the practice of engineering as hereinafter defined. Professional engineer defined. (b) The term `Engineering' as used in this Act shall mean the practice of the art and science by which mechanical properties of matter are made useful to man in structures and machines, and shall include any professional service, such as consultation, investigation, evaluation, planning, designing, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare, or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice professional engineering, within the meaning of this Act, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself out as able or qualified to perform, or who does perform any of the services hereinbefore set out. Nothing contained in this Act shall include the work ordinarily performed by persons who operate or maintain machinery or equipment. Engineering defined.

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(c) The term `Engineer-in-Training' as used in this Act shall mean a person who: (1) Is a graduate of an engineering curriculum of four years or more from a school or college approved by the Board as of satisfactory standing and who in addition, has successfully passed a written examination in the fundamental engineering subjects; or Engineer-in-training defined. (2) Has had eight years or more of experience in engineering work of a nature satisfactory to the Board, reduced by any equivalent educational qualifications, and has successfully passed a written examination in the fundamental engineering subjects; and (3) Who shall have received from the Board, as hereinafter defined, a certificate stating that he has successfully passed this portion of the examination as provided in Section 24 of this Act. (d) The term `Land Surveyor' as used in this Act shall mean a person who engages in the practice of land surveying as hereinafter defined. Land Surveyor defined. (e) The practice of land surveying within the meaning and intent of this Act includes the application of mathematics and the principles, laws and techniques by which the facts of size, shape, topography, location or relocation, orientation, natural and man-made appurtenances are determined, monumented or remonumented, reported or plotted, including subdivisions, condominiums and sub-surface measurements and describing of property for use in legal instruments as it affects real property and property rights. (f) The term `Board' as used in this Act shall mean the State Board of Registration for Professional Engineers and Land Surveyors, provided for by this Act. Board defined. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows:

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Section 5. (a) A State Board of Registration for Professional Engineers and Land Surveyors, is hereby created whose duty it shall be to administer the provisions of this Act. The Board shall consist of four Professional Engineers and one Land Surveyor, who shall be appointed by the Governor from among nominees recommended by the representative engineering or surveying societies in the State and shall have the qualifications required by section 6 of this Act. The members of the State Board of Registration for Professional Engineers and Surveyors, now in office, shall constitute the first Board under this Act, and shall continue in office for the remainder of their respective unexpired terms, and until their successors are appointed and qualifed, as members of State Board of Registration for Professional Engineers and Land Surveyors herein created. Board. (b) On the expiration of the term of any member, the Governor shall in the manner hereinbefore provided appoint for a term of five years a registered Professional Engineer or Land Surveyor, subject to section 5(a) above, having the qualifications required by section 6 of this Act, to take the place of the member whose term of said Board is about to exire. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been duly appointed and shall have qualified. Members. (c) Every member of the Board shall receive a certificate of his appointment from the Governor. Each member of the Board first appointed hereunder shall receive a certificate of registration under this Act from said Board. Section 3. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. That each member of the Board shall be a citizen of the United States and a resident of this State, and shall have been engaged in the practice of the profession of engineering or land surveying for at least twelve years and shall have been in responsible charge of important

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engineering or land surveying work for at least five years. Responsible charge of engineering or land surveying teaching may be construed as responsible charge of important engineering or land surveying work respectively. Qualifications of members. Section 4. Said Act is further amended by inserting after the first sentence and before the second sentence of section 11-A the following: In pursuing equitable remedies, it shall not be necessary that the Board allege or prove that it has no adequate remedy at law., so that when so amended section 11-A shall read as follows: Section 11-A. The Board is authorized, empowered and directed to bring suit in any court of competent jurisdiction to enforce the provisions of this Act by petition for injunction or other appropriate legal or equitable remedy. In pursuing equitable remedies, it shall not be necessary that the Board allege or prove that it has no adequate remedy at law. It shall be the duty of the Department of Law to represent the Board in any such proceeding. Powers. Section 5. Said Act is further amended by striking section 16 in its entirety and inserting a new section 16 to read as follows: Section 16. That a roster showing names and places of business of all registered Professional Engineers and all registered Land Surveyors shall be prepared by the Secretary of the Board during the month of January each year, commencing one year from the date this Act becomes effective. Copies of this roster shall be mailed to each person so registered upon request, and placed on file with the Secretary of State. A copy of this report shall be available to any person upon request. Roster. Section 6. Said Act is further amended by striking section 18 in its entirety and inserting in lieu thereof a new section 18 to read as follows:

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Section 18. An individual, in order to register as a professional engineer, must completely fulfill the requirements of either subsection (a), (b), (c) or (d) of this section. Qualifications of professional engineers. (a) Graduation in an approved engineering curriculum of four academic years or more from a school or college approved by the board as of satisfactory standing; successfully passing a written examination in the fundamental engineering subjects (Engineer-in-Training examination); a specific record of four years or more of experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to practice professional engineering; and successfully passing a written examination in the principles and practice of engineering (Professional Engineer examination); provided, however, that at its discretion, the Board may give credit not in excess of one year of experience for satisfactory graduate study in engineering; or (b) Successfully passing a written, or written and oral, examination designed to show knowledge and skill, approximately that attained through graduation in an approved engineering curriculum of four academic years (Engineer-in-Training examination); successfully passing a written examination in the principles and practice of engineering (Professional Engineer examination); and a specific record of twelve years or more of experience in engineering work of a character satisfactory to the board and indicating that the applicant is competent to practice professional engineering; provided, however, that applicants qualified under this subsection will be permitted to take the Engineer-in-Training examination after eight years of approved experience; provided further that prior to January 1, 1975 applicants so qualified will be permitted to take both the Engineer-in-Training and the Professional Engineer examinations after eight years of approved experience, and if otherwise qualified; or (c) A graduate in engineering or related science curriculum of four academic years; a specific record of at least sixteen years in engineering work of which at least eight

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years have been in responsible charge of important engineering work, and of a grade and character which indicates to the Board that the applicant is competent to practice professional engineering; and successfully passing a written examination in the principles and practice of engineering (Professional Engineer examination), and is otherwise qualified; or (d) A specific record of sixteen years or more of actual practice in engineering work of which at least ten years have been in responsible charge of important engineering work, and of a grade and character which indicates to the Board that the applicant is competent to practice professional engineering; successfully passing a written examination in the principles and practice of engineering (Professional Engineer examination); and is otherwise qualified; provided, however, that no professional engineer shall be registered on the basis of the provisions of this subsection (d) after December 31, 1974. Section 7. Said Act is further amended by striking section 19 in its entirety and by inserting in lieu thereof a new section 19, to read as follows: Section 19. That the following shall be considered as minimum evidence to the Board that the applicant is qualified for registration as Land Surveyor. Evidence of qualification. (a) Graduation from a school or college approved by the Board as of satisfactory standing, including the completion of an approved course in surveying; and an additional two years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying; or (b) Successfully passing a written, or written and oral, examination in surveying prescribed by the Board; and a specific record of six years or more of experience in land surveying work of a character satisfactory to the Board and indicating that the applicant is competent to practice land surveying.

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Section 8. Said Act is further amended by striking section 26 in its entirety and inserting in lieu thereof a new section 26 to read as follows: Section 26. That each registrant hereunder shall, upon registration, obtain a seal of the design authorized by the Board, bearing the registrant's name and the legend, `Registered Professional Engineer' or `Registered Land Surveyor'. Each seal shall also provide space for stating the registrant's certificate number. Plans, specifications, plats, and reports issued by a registrant shall be stamped with the said seal and countersigned by the registrant during the life of the registrant's certificate; but it shall be unlawful for anyone to stamp or seal any document with said seal after the certificate of the registrant named thereon has expired, or has been revoked, or has been suspended unless said certificate shall have been renewed, or reissued. No plans, specifications, plats, or reports shall be stamped with the seal of a registrant unless such registrant has personally performed the engineering or land surveying work involved: provided, however, that when the registrant has not personally performed the engineering or land surveying work reflected in any plan, specification, plat or report, he may affix his seal thereto only after he has reviewed the work embodied in such plan, specification, plat, or report and has satisfied himself completely that such work is accurate. No registrant shall affix his seal to any plan, specification, plat, or report unless he has assumed the responsibility for the accuracy of the work involved. Any registrant who has affixed his seal to any plan, specification, plat, or report prepared by another without having first reviewed the same, shall be deemed to have committed a fraudulent act of misconduct in the practice of Professional Engineering or Land Surveying. Seals. Section 9. Said Act is further amended by striking section 28 in its entirety and inserting in lieu thereof a new section 28 to read as follows: Section 28. (a) Renewal of certificates of registration by Professional Engineers and Land Surveyors may be effected at any time during the month of December for a

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period of one year by the payment of a fee equal to the renewal fee required by the State in which the Professional Engineer or Land Surveyor resides if other than Georgia, provided that said fee shall in no event be less than ten ($10.00) dollars. If the Professional Engineer or Land Surveyor resides in Georgia, the fee shall be ten ($10.00) dollars. The failure on the part of any registrant to renew his certificate upon expiration thereof in the month of December when notified, as required hereinbefore, shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of the certificate, if not paid by March 1, shall be the regular renewal fee for each year plus an additional fee of ten ($10.00) dollars for each year the certificate is not renewed. Certificate renewals. (b) Should a registered Professional Engineer or Land Surveyor who has not engaged in the practice of his profession, fail and refuse to renew or validate his certificate for a period of five years, in order for such person to renew his certificate he shall file application therefor, and submit himself to such examination as may be determined by the Board and shall pay therefor the sum of twenty-five ($25.00) dollars in addition to the fees required in the preceding paragraph. Section 10. Said Act is further amended by striking section 29 in its entirety and inserting in lieu thereof a new section 29 to read as follows: Section 29. A firm, corporation, co-partnership or an association may engage in the practice of professional engineering or land surveying in this State, provided such practice is carried on under the direction of Professional Engineers or Land Surveyors respectively, who are principals, officers, or full time employees of said firm, corporation, co-partnership or association, and who are registered in this State. Practice. A professional corporation which has elected to become subject to the Georgia Professional Corporation Act, may engage in the practice of professional engineering or land surveying in this State.

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Section 11. Said Act is further amended by striking section 30 in its entirety and inserting in lieu thereof a new section 30 to read as follows: Section 30. That on or after the passage and approval of this Act, it shall be unlawful for this State or any of its political subdivisions such as a county, city, town, township or school district, or agencies thereof, or for any private or commercial entity, to engage in the construction of any work or structures involving professional engineering, which by the nature of their function or existence could adversely affect or jeopardize the health, safety or welfare of the public, unless the plans and specifications have been prepared under the direct supervision or review of, and bear the seal of, and the construction executed under the direct supervision of or review by, a registered Professional Engineer or Architect; provided that nothing in this section shall be held to apply to any construction including alterations of which the completed cost is less than one hundred thousand dollars ($100,000.00), or to private residences, non-commercial farm buildings, or to residence buildings not exceeding two stories in height excluding basements. Approval of governmental plans and specifications. Section 12. Said Act is further amended by striking subsection (a) of section 32 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein the profession of engineering or land surveying, when such practice does not exceed in the aggregate more than 60 days in any calendar year, provided such person is legally qualified by registration to practice the said profession in his own state or county in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this Act, and provided further that such person receives from the Board a temporary permit, after application in writing and payment of a fee of fifty ($50.00) dollars for a definite period of time as determined by the Board but not to exceed one year to do a specific job; however, no right to practice engineering or land surveying shall accrue to such applicant

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with respect to any other works not set forth in said permit., Temporary permits. and by adding after subsection (f) of section 32 a new subsection, to be numbered subsection (g), to read as follows: (g) This Act shall not be construed to prevent or affect the practice of professional engineering and land surveying with respect to utility facilities by any public utility subject to regulation by the Georgia Public Service Commission, Federal Communications Commission, Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and employees of any such public utility including its parents, affiliates, or subsidiaries; provided that this exception does not extend to any engineer or land surveyor engaged in the practice of professional engineering or land surveying whose compensation is based in whole or in part on a fee, or to any engineering services performed by the above referenced utility companies not directly connected with work on their facilities. Construction. Section 13. Said Act is further amended by striking section 34 in its entirety and inserting in lieu thereof a new section 34 to read as follows: Section 34. The Board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found guilty of: Revocations. (a) The commission of any fraud or deceit in obtaining a certificate of registration. (b) Any gross negligence, incompetence, or unprofessional conduct in the practice of professional engineering or land surveying as a registered engineer or land surveyor. (c) Affixing his seal to any plan, specification, plat or report except as provided in Section 26 of this Act.

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(d) The conviction of any act which would constitute a felony or a crime involving moral turpitude in the State of Georgia. (e) Any violation of the provisions of this Act or any rule or regulation promulgated by the Board pursuant to the powers conferred on it by this Act. `Unprofessional conduct', as referred to in subsection (b) herein for the purposes of this Section, shall be defined as a violation of those standards of ethics and professional conduct for Professional Engineers and Land Surveyors which have been adopted and promulgated hitherto by the Board pursuant to the power conferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this Act. Appeals from any decision of the Board shall be taken as appeals are taken under the Georgia Administrative Procedure Act. Section 14. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1972.

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HEALTH LICENSED EMBALMERS AUTHORIZED TO EXTRACT DECEASED DONOR'S EYES. Code 88-2005 Amended. No. 870 (House Bill No. 1765). An Act to amend Code section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, so as to authorize such extraction by licensed embalmers who have completed a course of instruction for such purpose approved by the State Department of Public Health; to repeal conflicting laws; and for other purposes. Be it enacted by General Assembly of Georgia: Section 1. Code section 88-2005, relating to persons authorized to extract eyes from a deceased donor's body, is hereby amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) of Code section 88-2005 to read as follows: (a) Upon the death of any donor, the parties holding donor's unrevoked instrument of donation and maintaining and operating the donee eye bank may authorize any physician, or any embalmer licensed under an Act creating the Georgia State Board of Funeral Service, approved February 13, 1950 (Ga. L. 1950, p. 238), as now or hereafter amended, who has completed a course of training in eye extraction approved by the State Department of Public Health, to extract and remove such donated eyes or parts thereof for said eye bank in accordance with sound medical practices. Code 88-2005 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1972.

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CONGRESSIONAL DISTRICTS ACT AMENDED. Code 34-1801 Amended. No. 871 (House Bill No. 1862). An Act to amend Code Section 34-1801 (formerly Code Section 34-2301), relating to Congressional Districts, as amended by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 89), so as to change the boundaries of the Fifth and Sixth Districts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 34-1801 (formerly Code Section 34-2301), relating to Congressional Districts, as amended by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 89), is hereby amended by striking the language relating to the Fifth and Sixth Districts and inserting in lieu thereof the following: Code 34-1801 amended. Fifth District: Fulton, except that portion contained in the Fourth and Sixth Districts. Sixth District: Butts, Carroll, Clayton, Coweta, Douglas, Fayette, Haralson, Heard, Henry, Jasper, Lamar, Pike and Spalding, plus the following territory: Fulton Atlanta CCD 10 Tract 108 Atlanta CCD 10 and Campbellton CCD 15 Tracts 77.02, 78.01, 78.02 and 103 College Park CCD 20 East Point CCD 25 FairburnUnion City CCD 30 Hapeville CCD 35 Palmetto CCD 40.

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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 16, 1972. EDUCATIONMEMBERSHIP QUALIFICATIONS FOR COUNTY BOARDS OF EDUCATION PROVIDED. Code 32-903.1 Enacted No. 872 (House Bill No. 1996). An Act to amend Code Chapter 32-9, relative to county boards of education, as amended, so as to provide that certain persons shall not be eligible to serve as members of county boards of education; to provide for all 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. Code Chapter 32-9, relative to county boards of education, as amended, is hereby amended by adding a new code section between Code sections 32-903 and 32-904 to be designated Code section 32-903.1 and to read as follows: 32-903.1. Certain persons not eligible to serve on county boards of education. No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a county board of education. No person employed by or serving on the board of any other public school system shall be eligible to serve as a member of a county board of education. No person employed by the State Department of Education or serving as a member of the State Board of Education shall be eligible

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to serve as a member of a county board of education. Provided that this Act shall not apply to institutions above the high school level. Code 32-903.1 enacted. Section 2. This Act shall be applicable to all persons seeking to become elected or appointed to any county board of education at any time after this Act becomes effective. Application. 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 16, 1972. STATE SENATORIAL DISTRICT ACT AMENDED. Code 47-102 Amended. No. 873 (House Bill No. 2085). An Act to amend Code Section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 69), so as to change and clarify the composition of certain Senatorial Districts; 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 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 69), is hereby amended by striking the language relating to Senatorial Districts 2, 5, 12, 15, 22, 32, 33, 35,

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36, 37, 39, 42, 43, 44 and 56, and inserting in lieu thereof the following: Code 47-102 amended. District No. 2. Chatham Montgomery CCD 10 Savannah BeachWilmington CCD 23 Savannah CCD 25 Tracts 5, 5.99, 10 and 11 Tract 13 except that portion within Senatorial District No. 1 Tracts 15, 18 through 22 Tract 26 except that portion within Senatorial District No. 1 Tract 27 Tract 30 Blocks 101 through 122 Tracts 35.01, 35.02, 36.01, 36.02, 37, 38 and 39 Tract 40 Blocks 110 through 114 ED's 186, 190, 191, 194, 195, 196 and 196B Thunderbolt CCD 35 District No. 5. DeKalb Chamblee-Doraville CCD 20 Tract 214.02 Block 901. All that portion of Block 901 lying North and East of Peachtree Creek Tract 214.04 Blocks 102 through 108, 901 through 905 Clarkston CCD 25 Tract 220 Blocks 101 through 111, 115, 116, 201 through 203, 205, through 212, 401 through 413, 906, 907, 909 through 911

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Druid HillsNorth Decatur CCD 40 Tract 223.02 North Druid Hills CCD 55 Tract 215 Blocks 225 through 231 Tracts 216.01, 216.02, 216.03 Scottdale CCD 60 Tract 222 Blocks 101 through 110 Stone Mountain CCD 65 Tract 219 Blocks 101 through 117, 125 through 133, 932 through 943 Tucker CCD 70 District No. 12. Dougherty Albany CCD 5 East Dougherty CCD 15 Tract 1 ED 19 Tract 107 ED 20 Tract 108 ED's 1 and 18 West Dougherty CCD 20 District No. 15. Muscogee Columbus CCD 5 Tract 24 ED 101A Blocks 107 through 109 and 116 ED 101B Tracts 25 through 28, 29.01, 29.02, 30 through 35, 106.01, 106.02, 107.01, 107.02, 107.03 and 109 Columbus South CCD 10 Tract 109 Fort Benning CCD 20 Tract 108

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District No. 22. Richmond All that portion of Richmond County lying within the corporate limits of the City of Augusta as such corporate limits existed on April 1, 1970. Augusta West CCD 6 Tract 102 ED 13 Blocks 901 through 904 ED 14 Lakemont CCD 30 South Nellsville CCD 40 Turpin Place CCD 45 Tract 104 ED's 97, 98 and 99 Tuxedo Park CCD 50 Tract 103 ED 104, 106 and 110 District No. 32. Cobb Fair Oaks CCD 15 Tract 310.01 Mableton CCD 20 Tract 313.01 ED's 314 and 314B Marietta CCD 25 Tract 303 ED 241C Tracts 304 through 306 Tract 310.01 Smyrna CCD 40 Vinings CCD 45 District No. 33. Cobb Austell CCD 10 Fair Oaks CCD 15 Tracts 310.02 and 310.03

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Mableton CCD 20 except that portion within Senatorial District No. 32 Marietta CCD 25 except that portion within Senatorial Districts Nos. 32 and 56 Powder Springs CCD 35 District No. 35. Fulton Atlanta CCD 10 Tract 60, except that portion within Senatorial District No. 39 Tract 61 Tract 65, except that portion within Senatorial District No. 39 Tract 66.01, except that portion within Senatorial District No. 39 Tracts 66.02, 74 and 75 Tract 76.01 All except Blocks 204 through 207, 209 and 210 Tract 76.02 Blocks 101 through 106, 201 through 203 Tract 79 Tract 80 All except Blocks 401, 402, 404 through 410, 501 through 509 Tract 81.01 Tract 108 College Park CCD 20 Tracts 106.01 and 107 East Point CCD 25 Tracts 109 through 111, 112.01 and 112.02 Tract 113.02 Block 107 only Hapeville CCD 35 Tract 108 District No. 36. Fulton Atlanta CCD 10

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Tracts 31, 32 and 33 Tract 35 Blocks 101, 102 and 104 through 121 Tracts 48, 49, 50, 52, 53, 55.01, 55.02, 64 and 67 through 73 District No. 37. Fulton Atlanta CCD 10 Tracts 1, 2, 6, 9 through 21, and 27 through 30 Tract 35, except that portion within Senatorial District No. 36 Tracts 45, 46, 47, 56, 63, 92 and 94 District No. 39. Fulton Atlanta CCD 10 Tracts 7, 8, 22 through 26, 36 through 39, 41 through 44, and 57 through 59 Tract 60 Blocks 401 through 411 Tract 62 Tract 65 Blocks 101 through 111, 302, 309 through 316, 401 through 410, 501 through 510, 601 through 617 and 620 Tract 66.01 Blocks 101 through 109, and 201 through 208 Tract 84 Blocks 101 through 106, 108, 109, 201, 304, 402 and 404 Tract 85 Blocks 101, 102, 104 through 112 Tract 88

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Tract 89 Blocks 212, 217 through 219, 301 through 311, 504 through 513, 607 through 609 and 614 District No. 42. DeKalb Atlanta CCD 5 Tracts 201 through 207 Tract 208 Blocks 602, 604 through 609, 611 through 621, 701 through 718 Tract 209 CandlerGlenwood CCD 15 Tract 237 Blocks 104 through 109 Decatur CCD 35 Tracts 225 and 226 Druid HillsNorth Decatur CCD 40 Tracts 223.01, 224.01, 224.02 and 224.03 North Druid Hills CCD 55 Tract 215 Blocks 101 through 129, 201 through 212, 214 through 224 District No. 43. DeKalb Avondale EstatesBelvedere CCD 10 Tract 231.01 Tract 231.03 Blocks 101, 103, 104, 106 through 112, 114, 201 through 216, 301, 303 through 306 CandlerGlenwood CCD 15 Tracts 235.01, 235.02, 235.03, and 236 Tract 237 Blocks 201 through 207, 301 through 307, 401 through 407, 501 through 508 ConstitutionPanthersville CCD 30 Tract 234.01

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Tract 234.02 All that portion of CT 234.02 which lies West of a line beginning at a point which is the Northeast corner of land lot 55 within the 16th land district of DeKalb County; thence in a Southerly direction in a straight line to a point which is the Southeast corner of land lot 49 of the 16th land district of DeKalb County Tracts 238.01, 238.02 and 238.03 District No. 44. Clayton College Park CCD 5 Forest Park CCD 10 Jonesboro CCD 15 Tract 406.01 ED 630 Blocks 413 through 419, 501 through 516, 521 through 527, 901 through 918 Morrow CCD 20 Riverdale CCD 25 Tract 405.01 District No. 56. Cobb AcworthKennesaw CCD 5 Marietta CCD 25 Tract 302 ED 230 N. E. Cobb CCD 30 Fulton Alpharetta CCD 5 Roswell CCD 45 Sandy Springs CCD 50 Tracts 101.02 and 102.02 Paulding Dallas CCD 5 Huntsville CCD 15.

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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 16, 1972. EXECUTIVE BOARD OF GEORGIA WORLD CONGRESS CENTER CREATED. No. 874 (Senate Bill No. 446). An Act to create the Executive Board of the Georgia World Congress Center; to provide for the appointment of the Board; to provide for terms of office; to provide for filling vacancies; to provide that the Board shall elect its own officers; to provide for the powers, duties and functions of the Executive Board; to provide for the appointment of advisory committees; 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 Executive Board of the Georgia World Congress Center to be composed of seventeen members. The President of the Senate shall appoint three Senators for terms of office of six years each; the Speaker of the House of Representatives shall appoint three Representatives for terms of office of six years each; the Board of Directors of the Georgia International Congress Center, Inc., shall appoint one person for a term of office of six years; the Georgia Hotel-Motel Association shall appoint one person for a term of office of four years; the Georgia Restaurant Association shall appoint one person for a term of office of four years; the Georgia Business and Industry Association shall appoint one person for a term of office of four years; the Atlanta Convention and Visitors

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Bureau shall appoint one person for a term of office of four years; the Georgia State Chamber of Commerce shall appoint one person for a term of office of four years; two members shall be appointed by the Governor for terms of office of two years each; the Executive Director of the Department of Industry and Trade, or his designee, the Commissioner of Agriculture, and the State Auditor. Thereafter, all terms of their successors, except in the case of appointments to fill vacancies, shall be for six years. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. General Assembly members shall serve until their respective successors are appointed and qualified or until termination of their legislative service, whichever occurs first. The Board shall elect its own officers. Creation. Members. Section 2. The Executive Board shall grant final approval for the overall plan and design of the Georgia World Congress Center and the site for the Center. The Executive Board shall select an architectural firm to prepare the overall plan and design of the Georgia World Congress Center. The selection shall be in accordance with the standard selection procedures as recommended by the American Institute of Architects. The only firms eligible shall be those who have their primary office located in the State of Georgia. The Executive Board shall select the site for the Center. The Executive Board shall select the principal group or organization which will operate and manage the Georgia World Congress Center, and the Executive Board is hereby authorized to execute any and all instruments which may be necessary to lease the Georgia World Congress Center and to prescribe the terms and conditions of the lease. Provided, however, that only an agency or department or political subdivision of the State of Georgia or a non-profit corporation incorporated and based in the State of Georgia shall be selected as the principal group or organization which will operate and manage said Center. Provided, that any profit realized by such principal group or organization shall inure solely to the State of Georgia. The Executive Board shall function in a permanent capacity to supervise the overall

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operations of the Georgia World Congress Center. The Executive Board shall be authorized to appoint one or more advisory committees from time to time to counsel with and advise the Board and to otherwise assist the Board in the performance of its duties and functions. Duties. 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 16, 1972. GEORGIA BUILDING AUTHORITY ACT AMENDEDBONDING CAPACITY CHANGED. No. 875 (Senate Bill No. 447). An Act to amend an Act known as the Georgia Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, so as to change the bonding capacity of the Authority; 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 Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, is hereby amended by striking from section 5 the figure 24,000,000 and inserting in lieu thereof the figure 59,000,000, so that section 5, when so amended, shall read as follows: Section 5. Revenue bonds; issuance; amount; interest; redemption before maturity.The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby

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authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in the sum not to exceed $59,000,000 outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of 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 the lowest obtainable rate, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Bonding capacity. 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 16, 1972. GENERAL ASSEMBLYCOMPENSATION OF ADMINISTRATIVE FLOOR LEADER CHANGED, ETC. Code 47-107 Amended. No. 876 (Senate Bill No. 588). An Act to amend Code section 47-107, relating to the salary and allowances of members of the General Assembly, as amended by an Act approved March 16, 1966 (Ga. L. 1966, p. 544), an Act approved March 17, 1967 (Ga. L. 1967, p. 39), an Act approved March 23, 1970 (Ga. L. 1970, p. 647), and an Act approved March 29, 1971 (Ga. L. 1971, p. 207), so as to provide additional compensation for the Administration Floor Leader and the Assistant Administration

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Floor Leader of the Senate; 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 and allowances of members of the General Assembly as amended by an Act approved March 16, 1966 (Ga. L. 1966, p. 544), an Act approved March 17, 1967 (Ga. L. 1967, p. 39), an Act approved March 23, 1970 (Ga. L. 1970, p. 647), and an Act approved March 29, 1971 (Ga. L. 1971, p. 207), is hereby amended by striking the following: The Majority Leader and the Minority Leader of the House of Representatives and the Majority Leader and the Minority 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., Code 47-107 amended. and inserting in lieu thereof the following: The Majority Leader and the Minority Leader of the House of Representatives and the Majority Leader, the Minority Leader, the Administration Floor Leader and the Assistant 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. 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 16, 1972.

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HOUSE OF REPRESENTATIVES APPORTIONMENT ACT AMENDED. Code 47-101 Amended. No. 877 (Senate Bill No. 690). An Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Sept.-Oct. Ex. Sess., p. 22), so as to change and clarify the composition of certain Representative Districts; 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 47-101, relating to the apportionment of the House of Representatives, as amended, particularly by an Act approved October 14, 1971 (Ga. L. 1971, Sept.-Oct. Ex. Sess., p. 22), is hereby amended by striking the language relating to the composition of all the Representative Districts and inserting in lieu thereof the following: Code 47-101 amended. District No. 1 2 Representatives Dade North Dade CCD 5 Sand Mountain CCD 10 ED 5 Walker Beverly Hills CCD 5 Chattanooga Valley CCD 10 Chickamauga CCD 15 Fairyland CCD 20 LaFayetteLinwood CCD 30 LaFayette North CCD 35 Rock Springs CCD 45 Rossville CCD 50

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District No. 2 1 Representative Catoosa Boynton Ridge CCD 5 Fort OglethorpeWestside CCD 15 Lakeview CCD 20 Ringgold CCD 25 District No. 3 1 Representative Catoosa Catoosa Springs CCD 10 Gilmer Ellijay CCD 20 ED 7 Murray Whitfield North Central CCD 10 ED 14 North Whitfield CCD 15 Westside CCD 25 ED's 4 and 5 District No. 4 2 Representatives Fannin Gilmer Cartecay CCD 5 Cherry Log CCD 10 East Ellijay CCD 15 ED's 8 and 10 Ellijay CCD 20 ED's 4, 5 and 6 Lumpkin Rabun Towns Union White Cleveland CCD 5 ED's 6 and 7 Helen CCD 10

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District No. 5 1 Representative Chattooga Dade Sand Mountain CCD 10 ED 6 Upper Lookout Creek CCD 15 Walker Kensington CCD 25 District No. 6 2 Representatives Walker LaFayette South CCD 40 Villanow CCD 55 Whitfield Dalton CCD 5 North Central CCD 10 ED 8, 9, 10, 10B, 11, 12, 13 and 15 Valley Point CCD 20 Westside CCD 25 ED 6 and 7 District No. 7 1 Representative Bartow Adairsville CCD 5 ED 8 and 9 Gordon District No. 8 3 Representatives Bartow Adairsville CCD 5 ED 5, 6 and 7 Cartersville CCD 10 Emerson CCD 15 EuharleeTaylorsville CCD 20 Kingston CCD 25 Ladds CCD 30 WhitePine Log CCD 35 Cherokee Dawson

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Gilmer East Ellijay CCD 15 ED 9 Pickens District No. 9 3 Representatives Forsyth Hall District No. 10 1 Representative Stephens Banks Baldwin CCD 5 Davis Academy CCD 10 Homer CCD 15 Habersham Mud Creek CCD 20 ED 13 District No. 11 1 Representative Habersham Clarkesville CCD 5 Cornelia CCD 10 Demorest CCD 15 Mud Creek CCD 20 ED's 12, 14, 15 and 16 Turnerville CCD 25 White Cleveland CCD 5 ED's 4, 5 and 8 Mossy Creek CCD 15 District No. 12 1 Representative Banks Maysville CCD 20 Barrow Statham CCD 15 ED 2 Winder CCD 20 ED 10 and 11 Jackson

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District No. 13 3 Representatives Elbert Franklin Greene Greshamville CCD 10 Union Point CCD 20 Woodville CCD 30 Hart Madison Oconee Elder CCD 10 Watkinsville CCD 15 Oglethorpe District No. 14 1 Representative Floyd Coosa CCD 22 Rome CCD 40 ED's 17, 18, 19, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 51, 52, 53, 54, 54B, 55, 55B, 68, 69, 70, 71 and 71B District No. 15 1 Representative Floyd Armuchee CCD 10 Berry Hill CCD 15 Riverside CCD 35 Rome CCD 40 ED's 15, 16, 21, 22, 23, 24, 25, 25B, 26, 27, 28, 29, 30, 47, 50, 67, 73, 74 and 75 Shannon CCD 45 Spring Creek CCD 50 ED 78 District No. 16 1 Representative Floyd Cave Spring CCD 20 Desoto Park CCD 25 LindaleGaither CCD 30

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Rome CCD 40 ED's 31, 32, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 72 Spring Creek CCD 50 ED's 79, 80 and 81 Polk Cedartown N. CCD 12 District No. 17 1 Representative Polk Aragon CCD 5 Cedartown CCD 10 Cedartown South CCD 22 Rockmart CCD 25 District No. 18 1 Representative Haralson Paulding Dallas CCD 5 ED 11 Hiram CCD 10 Huntsville CCD 15 ED's 1 and 3 Yorkville CCD 20 District No. 19 3 Representatives Cobb AcworthKennesaw CCD 5 Austell CCD 10 Fair Oaks CCD 15 Mableton CCD 20 ED 315A ED 316 (Tract 313.03) Blocks 101, 102, 103, 104, 314, 315, 316, 317 and 318 Marietta CCD 25 Tracts 302, 303, 306, 307, 308, 309, 310.01 and 310.02 Powder Springs CCD 35

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Paulding Dallas CCD 5 ED's 7, 8, 9, 10 and 12 Huntsville CCD 15 ED 2 District No. 20 3 Representatives Cobb Mableton CCD 20 ED's 314A, 314B, 315B, 315C, 317, 318A, 318B, 319A, 319B, 320A, 320B, 321, 322, 323, 324 and 325 ED 316 (Tract 313.03) Blocks 105, 106, 107, 108, 109, 110 and 111 Marietta CCD 25 Tracts 304 and 305 Northeast Cobb CCD 30 Smyrna CCD 40 Vinings CCD 45 District No. 21 2 Representatives Cobb Paulding Dallas CCD 5 ED's 7, 8, 9, 10 and 12 Huntsville CCD 15 ED 2 District No. 22 1 Representative Fulton Sandy Springs CCD 50 Tracts 98 and 100 Tract 101.01 Blocks 101, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121 and 914 Tract 102.01 except Blocks 310, 901 and 902 Tract 102.02 District No. 23 1 Representative Fulton Alpharetta CCD 5

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Roswell CCD 45 Sandy Springs CCD 50 Tract 101.01 Blocks 102, 103, 104, 122, 123, 124, 125, 902, 903, 905, 906, 907, 908, 909, 910, 911, 912 and 913 Tract 101.02 District No. 24 1 Representative Fulton Atlanta CCD 10 Tract 88 Blocks 101, 105, 106, 107, 108, 109, 110, 113, 114, 115, 116, 202, 203, 204, 205, 207, 208 and 209 Tract 89 Blocks 511, 606, 607, 608, 610, 611, 612 and 614 Tract 95 All Blocks numbered in 100's Tract 96 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 304 All Blocks numbered in 700's All Blocks numbered in 800's Tracts 97, 98, 99, 100, 101.01 and 102.01 Sandy Springs CCD 50 Tract 102.01 Blocks 310, 901 and 902 District No. 25 1 Representative Fulton Atlanta CCD 10 Tracts 4 and 5 Tract 6 Blocks 101, 102 and 103 Tract 11 Blocks 101, 102, 103, 104, 105, 106, 107, 108 and 109 Tract 90 Blocks 101, 102, 103, 104, 306, 307, 308, 309, 310, 311, 312, 313, 314 and 315

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Tracts 91 and 93 Tract 95 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Tract 96 Blocks 303, 305, 306, 307, 308, 309 and 310 All Blocks numbered in 400's All Blocks numbered in 500's All Blocks numbered in 600's District No. 26 1 Representative Fulton Atlanta CCD 10 Tracts 1, 2, 14, 15 and 16 Tract 30 Blocks 101, 102, 106, 107, 203, 204, 207, 208, 306, 307, 308, 309, 310 and 311 Tracts 92 and 94 District No. 271 Representative Fulton Atlanta CCD 10 Tract 6, except Blocks 101, 102 and 103 Tract 10 Tract 11 Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209 and 210 Tract 12 Tract 13 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Blocks 406, 407, 408 and 409 Tract 88 Blocks 102, 103, 104, 117, 118, 119, 120, 201, 210, 211, 212, 213, 214, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402 and 403 Tract 89 All Blocks numbered in 100's All Blocks numbered in 200's

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All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's except Block 511 Blocks 601, 602, 603, 604, 605 and 609 Tract 90 Blocks 105, 106, 107, 108, 109, 110 and 111 All Blocks numbered in 200's Blocks 301, 302, 303, 304 and 305 District No. 281 Representative Fulton Atlanta CCD 10 Tract 13 Blocks 401, 402, 403, 404, 405 and 410 Tracts 17, 18, 19, 27, 28 and 29 Tract 30 Blocks 210, 211, 212, 213, 301, 302, 303, 304, 305 and 312 Tracts 32, 33, 35, 45 and 50 Tract 53 Blocks 101, 102, 103, 104, 105, 106 and 107 District No. 291 Representative Fulton Atlanta CCD 10 Tracts 46, 47, 48 and 49 Tract 53 Blocks 307, 308 and 311 All Blocks numbered in 400's All Blocks numbered in 500's Tracts 55.01 and 56 Tract 55.02 except that part in District No. 37 Tract 63 Blocks 101, 102, 103, 104, 105, 106, 107, 108 and 109 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's

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District No. 301 Representative Fulton Atlanta CCD 10 Tract 30 Blocks 103, 104, 105, 109, 110, 201, 202 and 205 Tracts 31 and 52 Tract 53 Blocks 108, 109, 110 and 111 All Blocks numbered in 200's Blocks 301, 302, 303, 304, 305, 306, 309 and 310 Tract 64 Tract 67 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Blocks 501, 502, 503, 504, 506 and 507 Tracts 68 and 69 Tract 70 All Blocks numbered in 100's Blocks 302, 303, 304, 305, 306, 307 and 308 All Blocks numbered in 400's All Blocks numbered in 700's Tract 71 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206, 207, 209 and 210 District No. 311 Representative Fulton Atlanta CCD 10 Tracts 7, 8, 9, 20, 21, 22 and 23 Tract 24 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 303 Tracts 26 and 36 Tract 84 Blocks 101, 103 and 104 Tract 85 Blocks 101, 104 and 105

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District No. 321 Representative Fulton Atlanta CCD 10 Tracts 25, 37 and 38 Tract 41 Blocks 101, 102, 103, 104, 105, 107, 108, 109, 110, 201, 202, 203, 204, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305 and 306 All Blocks numbered in 400's Tracts 42, 43 and 44 Tract 57 Tract 58 All Blocks numbered in 100's Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 and 213 Tract 59 Tract 62 All Blocks numbered in 100's Tract 63 Blocks 110, 111 and 112 District No. 331 Representative Fulton Atlanta CCD 10 Tract 83.01 Tract 83.02 All Blocks numbered in 100's Blocks 201, 202, 203, 303, 304, 305 and 306 All Blocks numbered in 400's Tract 84 Blocks 102, 105, 106, 108 and 109 All Blocks numbered in 200's All Blocks numbered in 300's Blocks 403, 502, 503, 504, 505, 506, 507 and 508 Tract 85 Blocks 102, 106, 107, 108, 109, 110, 111 and 112 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's

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Tract 86.01 Blocks 302, 303, 304, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 and 414 All Blocks numbered in 500's District No. 34 1 Representative Fulton Atlanta CCD 10 Tract 24 Blocks 304, 305, 306, 307 and 308 All Blocks numbered in 400's All Blocks numbered in 500's Tracts 39 and 40 Tract 41 Blocks 106, 205, 308, 309 and 310 Tracts 60 and 61 Tract 66.02 All Blocks numbered in 200's Tract 80 Blocks 101 and 207 Tract 81.01 Tract 81.02 All Blocks numbered in 100's Tract 83.02 Blocks 205, 206, 207, 301 and 302 Tract 84 Blocks 401, 402, 404, 405, 406, 407 and 501 District No. 35 1 Representative Fulton Atlanta CCD 10 Tract 82.01 All Blocks numbered in 100's Blocks 201, 202, 203, 204, 205, 206, 207, 208, 214, 215, 216, 217, 218 and 219 Tract 82.02 Blocks 901, 902, 903, 904 and 905 Tract 86.01 All Blocks numbered in 100's All Blocks numbered in 200's

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Blocks 301, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402 and 403 Tracts 86.02, 87.01 and 87.02 Tract 88, except the following: All Blocks numbered in 100's All Blocks numbered in 200's Blocks 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402 and 403 District No. 36 1 Representative Fulton Atlanta CCD 10 Tract 58 Blocks 214, 215 and 216 Tract 62 All Blocks numbered in 200's All Blocks numbered in 300's Tracts 65 and 66.01 Tract 66.02 All Blocks numbered in 100's Tracts 74 and 75 Tract 76.01 Blocks 101, 102, 103, 104, 901 and 902 Atlanta CCD 10 and Hapeville CCD 35 Tract 108 District No. 37 1 Representative Fulton Atlanta CCD 10 Tract 55.02 Blocks 204, 205, 213, 214, 215, 218, 219, 220, 221, 225, 226, 227 and 228 Tract 67 Blocks 508, 509 and 510 All Blocks numbered in 600's All Blocks numbered in 700's Tract 70 All Blocks numbered in 200's Block 301 All Blocks numbered in 500's All Blocks numbered in 600's

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Tract 71 Blocks 110, 112, 113, 201, 202 and 203 All Blocks numbered in 300's Tracts 72 and 73 District No. 38 1 Representative Fulton Atlanta CCD 10 Tract 79 Blocks 101, 102, 103, 109, 110, 111, 112, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317, 318, 319 and 320 Tract 81.02 All Blocks numbered in 200's Tract 82.01 Blocks 209, 210, 211, 212, 213, 220, 221, 222, 223 and 224 Tract 82.02 All Blocks numbered in 100's All Blocks numbered in 200's Atlanta CCD 10 and Campbellton CCD 15 Tract 77.01 Blocks 306, 307, 308, 309, 310, 311, 312, 313, 314, 902, 903, 904 and 905 Tract 78.01 except Blocks 936 and 937 Tract 78.02 Block 916 District No. 39 1 Representative Fulton Atlanta CCD 10 Tract 76.01 Blocks 105, 106, 107, 108, 109 and 110 All Blocks numbered in 200's Tract 76.02 Tract 79 Blocks 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 212 and 316 Tract 80 except Blocks 101 and 207

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Tract 103 Atlanta CCD 10 and Campbellton CCD 15 Tract 77.01 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302, 303, 304, 305, 901 and 906 All Blocks numbered in 400's Tract 77.02 Tract 78.02 except Blocks 103, 104, 105, 914, 915 and 916 District No. 40 1 Representative Fulton College Park CCD 20 Tract 107 East Point CCD 25 Tracts 109, 110, 111, 112.01 and 112.02 Tract 113.01 Blocks 201 and 202 District No. 41 1 Representative Fulton Atlanta CCD 10 and Campbellton CCD 15 Tract 78.01 Blocks 936 and 937 Tract 78.02 Blocks 103, 104, 105, 914 and 915 Campbellton CCD 15 Tract 103 College Park CCD 20 Tract 106.01 Tract 106.02 All Blocks numbered in 100's Blocks 201, 202, 207, 208, 209, 210 and 902 East Point CCD 25 Tract 113.01 All Blocks numbered in 100's Blocks 203, 204, 205, 206, 207, 208 and 209 All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's All Blocks numbered in 600's

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East Point CCD 25 and Fairburn Union CCD 30 Tract 113.02 FairburnUnion CCD 30 Tract 105.02 Block 921 District No. 42 1 Representative Fulton College Park CCD 20 Tract 106.02 Blocks 203, 204, 205, 206, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 and 228 All Blocks numbered in 300's All Blocks numbered in 900's, except Block 902 FairburnUnion CCD 30 Tract 105.01 Tract 105.02 ED 831, 832, 834, 835A, 835B, 835C, 838, 839 and 840 Blocks 922, 923, 924, 925, 926, 927, 928 and 929 Palmetto CCD 40 Tract 104 District No. 43 3 Representatives Fulton District No. 44 1 Representative DeKalb ChambleeDoraville CCD 20 Tract 212.01 Tract 212.02 Block 102 Tract 212.03 Block 101 Tract 212.04 Blocks 101 and 103 Tracts 213.01, 213.03 and 213.04

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District No. 45 1 Representative DeKalb ChambleeDoraville CCD 20 Tract 211 Tract 212.02 except Block 102 Tract 212.03 except Block 101 Tract 212.04 except Blocks 101, 103, 118, 119, 120, 121, 122 and 901 Tract 214.03 Blocks 101, 102, 103, 104, 105, 106, 112, 113, 114, 115 and 116 District No. 46 1 Representative DeKalb ChambleeDoraville CCD 20 Tract 212.04 Blocks 118, 119, 120, 121, 122 and 901 Tract 214.01 except Block 903 Tract 214.02 Tract 214.03 except Blocks 101, 102, 103, 104, 105, 106, 112, 113, 114, 115 and 116 Tract 214.04 North Druid Hills CCD 55 Tract 216.03 Blocks 102, 103, 104, 902, 905, 906, 907, 908 and 909 District No. 47 1 Representative DeKalb ChambleeDoraville CCD 20 Tracts 213.02 and 214.04 North Druid Hills CCD 55 Tract 216.01 Block Groups 1 and 2 Tucker CCD 70 Tract 217.02 except Block Group 1 and Blocks 101, 203, 914, 915, 916 and 919

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District No. 48 1 Representative DeKalb North Druid Hills CCD 55 Tract 216.01 Block Groups 3 and 4 Tract 216.02 Tract 216.03 Blocks 101, 105 and 901 Tucker CCD 70 Tract 217.01 Block Groups 1 through 4 and Blocks 901, 902 and 903 Tract 217.02 Block 203 Clarkston CCD 25 Tract 220 Blocks 409, 410, 411, 412 and 413 Scottdale CCD 60 Tract 222 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 and 513 Druid HillsNorth Decatur CCD 40 Tract 223.02 District No. 49 1 Representative DeKalb Tucker CCD 70 Tract 217.01 Blocks 904, 905 and 906 Tract 217.02 Blocks 101, 914, 915, 916 and 919 Tract 218.01 Tract 218.02 Blocks 101, 102, 103, 104, 105, 206, 207, 208, 209, 210, 211, 212, 213, 901, 910, 911, 912, 913, 914 and 916 Clarkston CCD 25 Tract 220 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 115 and 116

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District No. 50 1 Representative DeKalb Atlanta CCD 5 Tract 201 Tract 202 Blocks 114, 115, 116, 117, 118, 119 and 120 ChambleeDoraville CCD 20 Tract 214.01 Block 903 Druid HillsNorth Decatur CCD 40 Tracts 224.01 and 224.02 Tract 224.03 Blocks 310, 401, 402, 403, 404, 405, 406, 407, 408, 410 and 411 North Druid Hills CCD 55 Tract 215, except Block 113 Tract 216.03 Blocks 106, 107, 108, 109 and 904 District No. 51 1 Representative DeKalb Atlanta CCD 5 Tract 202, except that portion contained in District No. 50 Tracts 203 and 204 Decatur CCD 35 Tract 225 Tract 226 Blocks 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 508 and 509 Tract 227 Tract 228 Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 and 412 Druid HillsNorth Decatur CCD 40 Tract 224.03, except that portion contained in District No. 50

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District No. 52 1 Representative DeKalb Avondale EstatesBelvedere CCD 10 Tract 229, except Blocks 410, 603, 604, 605, 606 and 60 Tract 230 Tract 231.02 Blocks 102, 103, 108, 109, 302, 303, 304, 305, 306 and 307 Decatur CCD 35 Tract 226, except that portion contained in District No. 51 Tract 228, except that portion contained in District No. 51 Druid HillsNorth Decatur CCD 40 Tract 223.01 Scottdale CCD 60 Tract 222, except Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 and 513 District No. 53 1 Representative DeKalb Atlanta CCD 5 Tract 208 Blocks 101, 102, 103, 208, 209, 210, 211, 212, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 and 321 Avondale EstatesBelvedere CCD 10 Tract 229, except that portion contained in District No. 52 Tract 231.01 Tract 231.02, except that portion contained in District No. 52 Tract 231.03 Blocks 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 401, 402, 403, 406, 407, 408 and 416 Tract 231.04 Blocks 308, 309, 401, 402, 403, 404, 405, 406 and 409

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Candler-Glenwood CCD 15 Tract 235.01 Blocks 206, 207, 208, 209, 210 and 211 Clarkston CCD 25 Tract 220 Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 906, 907, 909, 910, 925, 926, 927, 928, 929 and 936 Scottdale CCD 60 Tract 221 District No. 54 1 Representative DeKalb Atlanta CCD 5 Tracts 205, 206 and 207 Tract 208, except that portion contained in District No. 53 CandlerGlenwood CCD 15 Tract 237 Blocks 101, 102 and 103 District No. 55 1 Representative DeKalb Atlanta CCD 5 Tract 209 CandlerGlenwood CCD 15 Tract 236 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Block 405 All Blocks numbered in 600's All Blocks numbered in 700's All Blocks numbered in 800's Tract 237, except that portion contained in District No. 54 ConstitutionPanthersville CCD 30 Tract 238.01, except Blocks 301, 304, 308 and 309

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Tract 238.02 Block 913 Tract 238.03 Blocks 407, 408 and 409 District No. 56 3 Representatives DeKalb Avondale EstatesBelvedere CCD 10 Tract 231.03, except that portion contained in District No. 53 Tract 231.04, except that portion contained in District No. 53 CandlerGlenwood CCD 15 Tract 235.01, except that portion contained in District No. 53 Tracts 235.02 and 235.03 Tract 236, except that portion contained in District No. 55 ConstitutionPanthersville CCD 30 Tract 234.01 Tract 234.02, except ED 429 Tract 238.01 Blocks 301, 304, 308 and 309 Tract 238.02, except Block 913 Tract 238.03, except Blocks 407, 408 and 409 Lithonia CCD 45 Tract 232, except ED 428 and Blocks 101, 102, 103, 104, 105, 106, 107 and 915 ED 427 Block 903 District No. 57 1 Representative DeKalb ConstitutionPanthersville CCD 30 Tract 234.02 ED 429 Lithonia CCD 45 Tract 233 ED's 420, 421, 422 and 425 Rockdale

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District No. 58 1 Representative DeKalb Clarkston CCD 20 Tract 220 Blocks 213 through 230, 301, 302, 911 through 920, 923, 924, and 930 through 935 Lithonia CCD 45 Tract 232 ED 427, except Block 903 ED 428 Blocks 101, 102, 103, 104, 105, 106, 107 and 915 Tract 233 ED's 423A, 423B and 424 Stone Mountain CCD 65 Tucker CCD 70 Tract 218.02, except Blocks 101 through 105, 206 through 213, 901, and 910 through 916 District No. 59 1 Representative Gwinnett Lilburn CCD 20 SnellvilleGrayson CCD 30 District No. 60 1 Representative Gwinnett Buford CCD 5 Norcross CCD 25 SuwaneeDuluth CCD 35, except ED 16 District No. 61 1 Representative Barrow Auburn CCD 5 Bethlehem CCD 10 Gwinnett DaculaRocky Creek CCD 10 Lawrenceville CCD 15 SuwaneeDuluth CCD 35 ED 16

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District No. 62 3 Representatives Clarke Barrow Statham CCD 15 ED's 1 and 3 Winder CCD 20 ED's 4, 5, 5B, 5C, 5D, 6, 7, 8, 9 and 12 Oconee Bogart CCD 5 District No. 63 1 Representative Douglas Billarp CCD 5 Douglasville CCD 10 Lithia Springs CCD 20 Winston CCD 25 ED's 23 and 24 District No. 64 2 Representatives Carroll Douglas Fairplay CCD 15 Winston CCD 25 ED 25 Heard Centralhatchee CCD 5 Texas CCD 15 ED 8 District No. 65 3 Representatives Coweta Grantville CCD 10 McCollum CCD 15 Moreland CCD 20 Newnan CCD 25 Newnan East CCD 26 Newnan West CCD 27 Sargent CCD 30 Senoia CCD 35 ED's 24 and 27

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Heard Franklin CCD 10 Texas CCD 15 ED 9 Meriwether Greenville CCD 10 ED's 13 and 15 Troup District No. 66 1 Representative Meriwether Gay CCD 5 Greenville CCD 10 ED's 14 and 16 Luthersville CCD 15 Manchester CCD 20 Warm Springs CCD 25 Woodbury CCD 30 Talbot District No. 67 2 Representatives Coweta Senoia CCD 35 ED's 22, 23, 25 and 26 Fayette Brooks CCD 5 Fayetteville CCD 10 ED's 1 and 3 Tyrone CCD 15 Spalding District No. 68 4 Representatives Clayton Fayette Fayetteville CCD 10 ED's 2 and 4 District No. 69 1 Representative Butts Worthville CCD 30

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Henry Newton Yellow River CCD 20 ED 22 District No. 701 Representative Newton Covington CCD 5 Mansfield CCD 10 Porterdale CCD 15 Yellow River CCD 20 ED's 20 and 21 District No. 711 Representative Morgan Bostwick CCD 5 ED 2 Rutledge CCD 25 Walton District No. 721 Representative Lincoln Taliaferro Warren Camak CCD 5 Norris CCD 10 Norwood CCD 15 Warrenton CCD 25 Wilkes District No. 731 Representative Columbia McDuffie Thomson North CCD 13 District No. 742 Representatives Butts Flovilla CCD 5 Jackson CCD 10

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Jackson Rural CCD 15 Jenkinsburg CCD 20 Towaliga CCD 25 Lamar Pike Upson District No. 751 Representative Jasper Hillsboro CCD 10 Monticello CCD 15 ED 6 and 9 Jones Monroe District No. 762 Representatives Bulloch Burke Girard CCD 5 Greens Cut CCD 10 Sardis CCD 25 Screven District No. 772 Representatives Burke Keysville CCD 15 Midville CCD 20 Vidette CCD 30 Waynesboro CCD 35 Waynesboro East CCD 40 Waynesboro West CCD 45 Jefferson McDuffie Dearing CCD 5 Thomson CCD 10 Thomson South CCD 25 Richmond All that territory contained in the Fort Gordon CCD 17 of Richmond County except that part of said CCD which is contained in District No. 83 Warren Panhandle CCD 20

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District No. 78 1 Representative Richmond Augusta CCD 5 Tract 6 ED 53 Blocks 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 and 913 Tract 9 ED's 63, 64, 65, 66 and 67 Tract 14 ED's 76, 77, 78, 79 and 80 Tract 15 South Nellsville CCD 40 Tract 106 ED's 91, 92, 93, 94, 95 and 96 Turpin Place CCD 45 Tract 104 ED's 97, 98 and 99 ED 100 Blocks 313 and 314 District No. 79 1 Representative Richmond Gracewood CCD 20 Hephzibah CCD 25 Neco CCD 35 Tract 105.02 ED's 128, 129 and 130 ED 131 Blocks 717, 718, 719 and 720 Tract 105.03 District No. 80 1 Representative Richmond Augusta CCD 5 Tract 1 ED 27 Tract 2 ED's 23, 24, 25 and 26 Tracts 3, 4, 7, 8

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Tract 6 ED 53, except Blocks 903 through 913 ED's 54, 55, 56, 57 and 58 Tract 9 ED's 68 and 69 Tract 10 ED's 37, 39, 40 and 41 Tract 14 ED 81 Lakemont CCD 30 Tract 101 ED's 5 and 7 South Nellsville CCD 40 Tract 106 ED 90 District No. 81 1 Representative Richmond Augusta CCD 5 Tract 1 ED's 28, 29, 30 and 31 Tract 10 ED 38 Tracts 11, 12 and 13 Lakemont CCD 30 Tract 101 ED 8 Turpin Place CCD 45 Tract 104 ED 100, except Blocks 313 and 314 ED's 101, 102 and 103 Tuxedo Park CCD 50 Tract 103 ED's 104, 105, 106, 107, 108 and 110 District No. 82 1 Representative Richmond Augusta CCD 5 Tract 16

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Augusta West CCD 6 Tract 102 That portion of ED 16 contained in Westminster Court and Eton Court of Westminster Subdivision ED 18 Neco CCD 35 Tract 105.01 ED's 133, 134, 136, 137, 138A and 138B Tract 105.02 ED's 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127 and 132 ED 131, except Blocks 717 through 720 Tuxedo Park CCD 50 Tract 103 ED 109 District No. 831 Representative Richmond Augusta CCD 5 Tract 2 ED 22 Augusta West CCD 6 Tract 102 ED's 12A, 12B, 13, 14, 15, 17, 19, 20 and 21 ED 16, except that portion contained in District No. 82 The following portion of Fort Gordon CCD 17: All that territory in Fort Gordon lying east of a line beginning at Gate 1 (McKenna Gate) on Highway 78 and running along Fourth Infantry Division Road to Headquarters Road; thence south along Headquarters Road to Tenth Armored Division Road; thence southeast along Tenth Armored Division Road to Gate 5 on Highway 1 Lakemont CCD 30

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Tract 101 ED's 1, 2, 3, 4, 6, 9, 10 and 11 Neco CCD 35 Tract 105.01 ED 135 District No. 841 Representative Harris Muscogee Columbus CCD 5 ED 71A and 71B Columbus North CCD 7 Fort Benning CCD 20 Midland CCD 30 District No. 852 Representatives Muscogee Columbus CCD 5 Tracts 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18, 19, 21, 101, 102, 103, 104.01, 104.02, 105, 106.02 and 110 Tract 11 except for that territory contained in Blocks 201 through 209 District No. 862 Representatives Muscogee Columbus CCD 5 Tracts 1, 20, 22, 23, 24, 25, 26, 27, 28, 29.01, 29.02, 30, 31, 32, 33, 34, 35, 107.01, 107.02, 107.03 and 109 Tract 11 Blocks 201, 202, 203, 204, 205, 206, 207, 208 and 209 Tract 106.01 Except ED's 71A and 71B Columbus South CCD 10 Tract 109

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District No. 87 2 Representatives Muscogee Except that portion contained in District No. 84 District No. 88 1 Representative Crawford Macon Ideal CCD 5 Marshallville CCD 10 Peach Byron CCD 5 ED's 1 and 2 Fort Valley CCD 10 District No. 89 6 Representatives Bibb Twiggs District No. 90 1 Representative Glascock Johnson Balls Ferry CCD 10 Kite CCD 15 Wrightsville CCD 20 Washington District No. 91 1 Representative Emanuel Adrian CCD 5 Oak Park CCD 10 Summertown CCD 15 Swainsboro CCD 20 Twin City CCD 25 ED's 1, 4, 6 and 7 Jenkins Johnson Adrian CCD 5

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District No. 92 1 Representative Bryan Candler Emanuel Twin City CCD 25 ED's 2, 3 and 5 Evans Tattnall Collins CCD 5 Reidsville CCD 15 ED's 6 and 9 District No. 93 1 Representative Wilkinson Baldwin Coopers CCD 5 Meriwether CCD 10 ED 20 MidwayHardwick CCD 15 ED 16, except that portion within District No. 94 ED's 17 and 18 Milledgeville CCD 20 ED's 9, 12, 13 and 14 District No. 94 1 Representative Putnam Baldwin Meriwether CCD 10 ED's 19, 21 and 22 MidwayHardwick CCD 15 ED 15 That portion of ED 16 described as follows: Beginning at a point where Laboratory Drive intersects Georgia Highway 112; thence westerly along Laboratory Drive to a point where Laboratory Drive intersects Garrard Road; thence northerly along Garrard Road to a point where Garrard Road

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intersects Mobley Road; thence westerly along Mobley Road to a point where Mobley Road intersects Twin Road; thence northeasterly and northerly along Twin Road to a point where Twin Road intersects Broad Street; thence westerly along Broad Street to a point where Broad Street intersects Swint Avenue; thence northerly along Swint Avenue to a point where Swint Avenue intersects the northern boundary of ED 16; thence easterly and southerly along the northern boundary of ED 16 to a point where said boundary intersects Georgia Highway 112; thence southerly along Georgia Highway 112 to the point of beginning. Milledgeville CCD 20 ED's 5 through 8 and 10 and 11 Union Point CCD 25 District No. 95 1 Representative Taylor Marion Chattahoochee That portion of Fort Benning CCD 10 described as follows: Beginning at the intersection of Talbot, Marion and Chattahoochee Counties' boundary lines, eastward along the Chattahoochee boundary (described by Upatoi Creek) to its intersection with the Chattahoochee River; thence south along a straight line connecting the Chattahoochee RiverUpatoi Creek intersection with the intersection of Tenth Division Road, Fort Benning, Georgia and Edwards Street; thence southeast along Edwards Street to its intersection with Carpenter Street; thence northeast along Carpenter Street to its intersection with Ingersoll Street; thence southeast along Ingersoll Street to its intersection with

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Dixie Road; thence east along Dixie Road to its intersection with Collins Loop; thence south on Collins Loop continuing southerly, said road then known as Lumpkin Trail; thence southeast to its intersection with East-West Grid Line 80 on Military Map A.F.P.P. 39; thence along Grid Line 80 east, ten (10) miles to its intersection with Fort Benning Military Reservation boundary line; thence southeast along this line to its intersection with the Marion CountyChattahoochee County line; thence north along the Chattahoochee County line to the beginning point. District No. 96 1 Representative Chattahoochee Cussetta CCD 5 Fort Benning CCD 10, except that portion within District No. 95 Quitman Stewart Sumter Plains CCD 25 ED's 20 and 21 Webster District No. 97 1 Representative Greene Greensboro CCD 5 Siloam CCD 15 White Plains CCD 25 Hancock Jasper Eudora CCD 5 Monticello CCD 15 ED's 7 and 8 Shady Dale CCD 20 Morgan Bostick CCD 5 ED's 1 and 3

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Buckhead CCD 10 Godfrey CCD 15 Madison CCD 20 District No. 98 1 Representative Houston Warner Robins CCD 15 ED's 10A, 10B, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24A, 25, 34 and 35 Warner Robins Rural CCD 20 ED's 1, 2, 3, 4, 5, 9A and 9B Peach Byron CCD 5 ED 3 District No. 99 1 Representative Houston Warner Robins CCD 15 ED's 19, 20, 21, 24B, 26, 27, 28A, 28B, 29A, 29B, 29C, 30, 31, 32, 33, 36 and 37 Warner Robins Rural CCD 20 ED's 6 and 7 District No. 100 1 Representative Houston Elko CCD 5 Perry CCD 10 Warner Robins Rural CCD 20 ED 8 Macon Montezuma CCD 15 Oglethorpe CCD 20 Schley District No. 101 1 Representative Sumter Americus CCD 5 Americus Rural CCD 10 Andersonville CCD 15

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Leslie-Desoto CCD 20 Plains CCD 25 ED's 19 and 22 District 102 3 Representatives Bleckley Dodge Laurens Pulaski Telfair Jacksonville CCD 5 Milan CCD 25 Wilcox District No. 103 1 Representative Montgomery Toombs Vidalia CCD 15 ED's 10 through 22 Treutlen Wheeler District No. 104 1 Representative Long Ludowici N. CCD 6 Ludowici S. CCD 11 ED's 3 and 4 Tattnall Glennville CCD 10 Reidsville CCD 15 ED's 7 and 8 Toombs Central Toombs CCD 3 Lyons CCD 5 Vidalia CCD 15 ED's 9 and 23 District No. 105 1 Representative Chatham Savannah CCD 25

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Tracts 3, 3.99, 8, 9, 13, 15 and 18 Tract 19, except Blocks 201, 202, 210, 211 and 215 Tract 24 Blocks 101, 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 318, 319, 320 and 321 Tract 25 Tract 26 Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, 308, 309 and 310 Tract 29 Tract 30 ED's 150 and 151 Tract 34 ED's 162, 163, 164, 165 and 166 Tract 40 Blocks 414, 417, 419, 420, 421, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 523, 524, 526 and 527 District No. 106 1 Representative Chatham Savannah CCD 25 Tracts 5, 5.99, 10, 11, 20 and 21 Tract 19 Blocks 201, 202, 210, 211 and 215 Tract 22 ED's 100, 101 and 102 Tract 26, except that part contained in District No. 105 Tract 27

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Tract 30 ED 149 Tract 37 ED 86 District No. 107 1 Representative Chatham Savannah CCD 25 Tract 22, except that part contained in District No. 106 Tracts 35.01 and 35.02 Tract 36.01 Blocks 101, 111, 112, 113, 114, 202, 203, 206, 207, 210, 301, 501, 502, 503, 603, 604, 609 and 610 ED 90 Tract 36.02 Tract 37, except that part contained in District No. 106 Tract 39 ED's 182 and 183 Tract 40 ED's 186, 190, 196A and 196B Blocks 110, 111, 112, 113 and 114 ED 189 Blocks 406, 407, 408, 409, 410, 411, 412 and 413 District No. 108 1 Representative Chatham Montgomery CCD 10 Savannah CCD 25 Tract 36.01 ED 87 ED 88, except that part in District No. 107 ED 89, except that part in District No. 107 Tract 38 Tract 39, except that part in District No. 107

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Tract 40 ED's 191, 194 and 195 Savannah BeachWilmington CCD 23 Thunderbolt CCD 35 Tract 36.01 ED 209 Tracts 36.02, 39, 101 and 102 District No. 109 1 Representative Chatham Savannah CCD 25 Tract 40 Blocks 517, 518, 519, 520, 521 and 522 ED 189, except that part contained in District Nos. 105 and 107 ED's 197, 198 and 199 Tract 43 VernonburgWhite Bluff CCD 40 District No. 110 1 Representative Chatham Garden City CCD 5 Tract 106.02 ED's 29 and 43B Savannah CCD 25 Tracts 1, 2, 2.99, 6, 7, 12, 17 and 23 Tract 24 Blocks 107, 108, 109, 120, 201, 213, 214, 306, 307 and 317 Tracts 32 and 33 District No. 111 1 Representative Chatham Garden City CCD 5 Tract 105 ED 43A Tract 106.01 Tract 106.02, except that part contained in District No. 110

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Tract 106.99 Port Wentworth CCD 20 Savannah CCD 25 Tracts 1.99 and 28 Tract 34 ED's 167 and 168 Tract 40 Blocks 530, 531, 532, 533, 534, 535, 537, 538, 539 and 540 Tracts 44, 105, 106.02, 107 and 108 West Savannah CCD 45 Tract 45 Tract 105 ED's 42 and 48 District No. 112 1 Representative Chatham PoolerBurroughs CCD 15 West Savannah CCD 45 Tract 105, except that part in District No. 111 Effingham District No. 113 1 Representative Calhoun Edison CCD 10 Clay Randolph Terrell District No. 114 4 Representatives Baker Calhoun Leary CCD 15 Morgan CCD 20 Dougherty Lee

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District No. 1153 Representatives Ben Hill Coffee Ambrose CCD 5 Crisp Dooly Irwin Turner Worth District No. 116 2 Representatives Appling Brantley Waynesville CCD 15 Jeff Davis Pierce Patterson CCD 15 Telfair Lumber City CCD 10 McRaeHelena CCD 15 McRaeHelena Rural CCD 20 Wayne District No. 117 1 Representative Liberty Long Ludowici S. CCD 11 ED 5 McIntosh District No. 118 1 Representative Calhoun Arlington CCD 5 Early Miller Seminole Donalsonville CCD 5 Steam Mill CCD 15

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District No. 119 1 Representative Decatur Grady CavalryReno CCD 10 ED's 23 and 24 Seminole Iron City CCD 10 District No. 120 1 Representative Grady Cairo CCD 5 CavalryReno CCD 10 ED's 21 and 22 Duncanville CCD 15 Lime Sink CCD 20 Spence CCD 25 Whigham CCD 30 Thomas Meigs CCD 15 Ochlocknee CCD 25 Thomasville CCD 35 ED's 17 and 18 Thomasville North CCD 40 ED 36 Metcalf CCD 20 ED's 38 and 40 District No. 121 1 Representative Thomas Boston CCD 5 Coolidge CCD 10 Metcalf CCD 20 ED 39 PavoBostwick CCD 30 Thomasville CCD 35 ED's 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33A, 33B and 34 Thomasville North CCD 40 ED's 35 and 37

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District No. 122 2 Representatives Colquitt Mitchell District No. 123 2 Representatives Berrien Cook Tift District No. 124 3 Representatives Brooks Echols Lanier Lowndes District No. 125 1 Representative Atkinson Clinch Ware except that portion within District 126 District No. 126 1 Representative Charlton Ware Waycross CCD 30 Waycross South CCD 40 ED 31 That portion of ED 32 lying east of the following described line: Beginning at a point where Georgia Highway No. 177 intersects U.S. Highway No. 1; thence due south along Georgia Highway No. 177 to its point of termination; thence due south along a continuation of said Georgia Highway 177 to the Charlton County boundary line. District No. 127 2 Representatives Bacon

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Brantley Hoboken CCD 5 Nahunta CCD 10 Camden Coffee Broxton CCD 10 Douglas CCD 15 Nichols CCD 20 West Green CCD 25 Pierce Blackshear CCD 5 Bristol CCD 10 District No. 128 2 Representatives Glynn. 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 here repealed. Approved March 16, 1972. INSURANCEINVESTMENTS IN CERTAIN ASIAN DEVELOPMENT BANK OBLIGATIONS AUTHORIZED. Code 56-1041 Enacted. No. 883 (Senate Bill No. 177). An Act to amend an Act revising, classifying, consolidating, and superseding previous laws relating to insurance and establishing new laws relating thereto, providing for imposition of licenses, fees and taxes and the disposition thereof, providing for the supervision, and regulation of the insurance business within or relating to this State and providing a new Georgia Insurance Code, approved

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March 8, 1960 (Ga. L. 1960, p. 289), so as to provide that insurers may invest in obligations issued, assumed or guaranteed by the Asian Development Bank; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, classifying, consolidating and superseding previous laws relating to insurance and establishing new laws relating thereto, providing for imposition of licenses, fees and taxes and the disposition thereof, providing for the supervision and regulation of the insurance business within or relating to this State, and providing a new Georgia Insurance Code, approved March 8, 1960 (Ga. L. 1960, p. 289), is hereby amended by adding a new Code section 56-1041 to read as follows: 56-1041. An insurer may invest in obligations issued, assumed or guaranteed by the Asian Development Bank, in which bank the United States is a subscribing participant by virtue of an Act of Congress approved March 16, 1966, entitled Asian Development Bank Act. The investments authorized by this Section shall not be counted as an investment of reserves of section 56-1005(4) at any time in an amount greater than five (5%) percent of the insurer's admitted assets. Code 56-1401 enacted. 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. STATE PROPERTYSELF-INSURANCE PROGRAM AMENDEDRESERVE FUND. No. 88 (Senate Bill No. 583). An Act to amend an Act authorizing a self-insurance program for all of the State's insurable property, approved

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March 23, 1960 (Ga. L. 1960, p. 1160), as amended by an Act approved March 29, 1971 (Ga. L. 1971, p. 206), so as to authorize the State Insurance and Hazard Reserve Fund to retain all moneys paid into it as premiums on policies of insurance and all moneys received as interest and all moneys received from other sources as a reserve for the payment of the continuing liability established with other agencies of State Government and to defray the expenses of administration; to provide for the investment of said moneys; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing a self-insurance program for all of the State's insurable property, approved March 23, 1960 (Ga. L. 1960, p. 1160), as amended by an Act approved March 29, 1971 (Ga. L. 1971, p. 206), is hereby amended by adding a new section immediately following section 2A, to be designated section 2B, to read as follows: Section 2B. In order to finance the continuing liability established with other agencies of State Government, the State Insurance and Hazard Reserve Fund is hereby authorized to retain all moneys paid into the Fund as premiums on policies of insurance and all moneys received as interest and all moneys received from other sources as a reserve for the payment of such liability and the expenses necessary to the proper conduct of such insurance program administered by the Fund. The Fund shall invest said moneys in the same manner as other moneys in its possession. Reserve Fund. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1972.

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GENERAL APPROPRIATIONS ACT AMENDED. No. 885 (House Bill No. 1203). An Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the General Appropriations Act, approved March 19, 1971 (Ga. L. 1971, p. 111), so as to change the appropriations and provisions relative to the fiscal year 1972-73; 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: An Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the General Appropriations Act, approved March 19, 1971 (Ga. L. 1971, p. 111), is hereby amended by striking the appropriations and other provisions relative to the fiscal year 1972-73 and inserting in lieu thereof the following new appropriations and provisions which shall be the appropriations and provisions for said year and which shall be applicable only to the fiscal year 1972-73. It is not the intention of this Act to change in any way the provisions of the aforesaid 1971 Act relative to the fiscal year 1971-72. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. A. 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

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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; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law. Operations F. Y. 1973 $ 5,485,000 Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations. B. For election blanks and other election expense, including publishing constitutional amendments.

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F. Y. 1973 $ 400,000 C. For all costs of Georgia Official and Statistical Register. F. Y. 1973 $ -0- Section 2. Audits, Department of OperationsAudits F. Y. 1973 $ 1,427,000 OperationsTax Ratio Study F. Y. 1973 $ 350,000 Section 2A. Georgia Educational Improvement Council. Operations F. Y. 1973 $ 54,000 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 one Emeritus position. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the payment of attorney's fees and legal expenses for indigent

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defendants in criminal cases on appeal as provided in Ga. L. 1953, Nov.-Dec. Sess. pp. 478-479. Operations F. Y. 1973 $ 719,110 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. Operations F. Y. 1973 $ 765,924 Section 5. Superior Courts. For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law. For payment of salaries, contingent expense allowances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

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Provided, however, that the listed appropriation shall be increased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year. 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 1972 session of the General Assembly. Operations F. Y. 1973 $ 4,242,000 Section 6. Court Reports. For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Operations F. Y. 1973 $ 32,000 PART III. EXECUTIVE BRANCH Section 7. State Board of Education: Department of Education A. Operations F. Y. 1973 $ 452,107,333 Changed Objects: Personal Services $ 15,317,263 Operating Expenses $ 6,807,522 GrantsNon-MFPE: Adult Education $ 2,161,000 Teacher Scholarships $ 560,000 Preparation of Professional Personnel in Education of Handicapped Children $ 104,00 Vocational EducationHigh School Program $ 10,821,841 Adult and Post Secondary $ 39,000 Area Vocational Technical Schools $ 18,982,387 Teacher Training and Research $ 320,000 Local Administration and Supervision $ 249,000 Manpower Development and Training $ 3,154,000 Work Study $ 103,000 Education of Children of Low Income Families $ 41,328,000 Grants for Institution and Services for the Handicapped $ 750,000 Educational Training Services for Mentally Retarded $ 150,000 Teacher Retirement $ 24,842,339 Supplementary Educational Centers and Services $ 2,343,000 Psychological Services $ 48,000 Superintendent's Salaries $ 2,705,469 Tuition for Multiple Handicapped $ 145,000 In-Service Grants $ 792,000 Supervising Teachers $ 154,000 Salaries and Travel of Public Librarians $ 1,938,648 Educational Television $ 56,000 Guidance, Counseling and Testing $ 200,000 Project for Autistic Children $ 988,000 Public Library Services and Materials $ 1,966,000 Educational Services Across County Lines $ 1,285,000 School Lunch Grants $ 36,350,000 Public Library Construction $ 649,000 Strengthening Instruction in Critical Subjects $ 1,752,000 School Library Resources, Textbooks and Others $ 1,900,000 Summer School Supervisory Program $ 51,000 Instructional Assistance $ 3,200,000 Purchase of Early Childhood Development Services $ 5,600,000 GrantsMFPE: Teacher Salaries Section 11 $242,359,102 Salaries of Other Certificated Professional PersonnelSection 12 $ 42,478,250 Special Education Teacher SalariesSection 20 $ 19,990,208 Maintenance, Operation and Sick Leave $ 43,021,509 Travel $ 1,306,476 Pupil Transportation $ 18,430,470 Textbook Allotments $ 5,708,811 School Library Book and Non-Consumable Materials $ 1,600,301 Isolated Schools $ 61,844 Mid-Term Adjustments $ 824,593 Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly. Provided, that of the above appropriated amount, relative to Early Childhood Development Services, the entire appropriation shall be utilized to ascertain those children who are mentally and physically deficient and to provide treatment for such children during preschool years, and for the purpose of funding a kindergarten or pre-school program for those children in areas that qualify under Title IV funds provided the program has been approved by the General Assembly. Any such program shall be approved and monitored by the State Department of Education, in coordination with the State Department of Health and the Department of Family and Children Services. It is expressly provided that none of these funds shall be used in connection with a child care services program by any existing or subsequently organized day care center, unless otherwise hereafter approved by the General Assembly. Provided, however, that any child may be eligible to participate in this program at the request of his parents and the payment of suitable fees. Provided, that of the above appropriated amount relative to Purchase of Early Childhood Development Services, an amount not to exceed $60,000 is designated and committed to provide for the cost of administering the Early Childhood Development Services program. 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 be the pro rata part of the cost of employer contributions to the Teachers Retirement System applicable to such salary. Provided, that the amount of $3,200,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the elementary grades in the form of additional certificated and/or non-certificated personnel to assist classroom teachers in providing intensive instruction and training in order to enable all students to achieve in the various subject matter areas in accordance with their potential and abilities. Such personnel shall be made available to assist the classroom teachers. Such personnel shall be made available to Local School Systems within the limits of funds available by the State Department of Education on the basis of applications by the Local School Systems and a determination of critical need by the Local School System and the State Department of Education. Provided, however, that independent school systems shall be eligible to participate in the acquisition of mini buses for special education purposes. Provided, that of the above amount of $988,000 appropriated to Project for Autistic Children, the sum of $370,000 is designated and committed for payment equally to the Carroll County Board of Education and the Lowndes County Board of Education for projects relating to autistic children. If federal funds become available, the entire sum of $988,000 may be used to match federal funds to expand existing programs and to develop new programs beginning with the Carroll County and Lowndes County programs and in other areas of the State as funds are available. Provided, however, that from the above appropriation, relative to pupil transportation, such amount as is necessary shall be used solely for the purpose of providing an increase of $125.00 per annum in the compensation of school bus drivers beginning the first day of the fiscal year 1973. B. Construction: Authority Lease Rental Payments to Georgia Education Authority (Schools) F. Y. 1973 $ 437,269 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) F. Y. 1973 $ 26,945,384 Grants Direct to School Systems for Capital Outlay Purposes F. Y. 1973 $ 1,671,723

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The Object Classes for the three items listed above shall be in the same amounts as listed for the three items above. Provided, that from the above appropriation for Grants to School Systems for Authority Lease Rentals to the Georgia Education Authority (Schools) the amount of $2,500,000 for F. Y. 1973 is designated and committed for additional Lease Rentals to said Authority to permit the issuance of bonds to finance new projects. Section 8. University System of Georgia. A. Operations F. Y. 1973 $ 177,819,500 Changed Objects: Personal Services $212,385,000 Operating Expenses $ 52,229,250 Teachers Retirement $ 11,447,000 Authority Lease Rentals $ 22,998,377 Grants to Junior Colleges $ 3,750,000 Capital Outlay $ 3,750,000 Regents Scholarships $ 200,000 Medical Scholarships $ 294,250 B. Construction: Capital Outlay F. Y. 1973 $ 2,250,000 Authority Lease Rentals F. Y. 1973 $ 20,160,377

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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 cost of any employer contribution applicable to such salary to the Teachers Retirement System. No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Provided, that from appropriated funds in A. and B., the amount of $22,998,377 in F. Y. 1973 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction 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

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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. Provided, that in the event the Board of Regents determines that construction of dormitories or similar income producing projects are necessary to the operation of the University System, the Board of Regents may, by transfer from Operating Funds, increase the Authority Lease Rental Appropriation above by an amount no greater than $750,000 and the same shall be specifically appropriated for the purpose of Authority Lease Rental Agreements with the Georgia Education Authority (University) for construction of such projects. Provided, however, that the amount so transferred from Operating Funds to Authority Lease Rentals shall be approved by the Fiscal Affairs Subcommittees of the General Assembly and shall be no less than the maximum annual debt service requirement on the bonds issued to finance the construction of said income producing projects. Provided, that revenue from student fees which exceeds the revised budget estimate of student fees by $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

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Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate; provided, further, that State appropriation shall not be reduced by addition of the above revenues to the operating budget of the Regents of the University System of Georgia. Provided, that of the above appropriated amount relative to Capital Outlay, the sum of $250,000 is designated and committed to air condition the Hanner Field House ComplexHanner Building, at Georgia Southern College. Provided, that from the above appropriations for fiscal year 1973 for Authority Lease Rentals, the amount of $2,500,000 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, it is the intent of the General Assembly that from the appropriations in this Section the Board of Regents shall acquire and operate Gordon Military College. Section 9. State Scholarship Commission. Operations F. Y. 1973 $ 258,000 Changed Objects: Personal Services $ 430,000 Operating Expenses $ 223,000 Interest and Fees on Loans $ 3,099,000 Direct Loans $ 200,000 Scholarships $ 1,399,000 Tuition Grants $ 2,800,000 Higher Education Assistance CorporationInterest and Fees on Loans F. Y. 1973 $ 416,000 Higher Education Assistance AuthorityDirect Loans and Tuition Grants F. Y. 1973 $ 3,000,000 State Scholarship CommissionScholarships F. Y. 1973 $ 1,324,000

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Provided, that of the above appropriated amount relative to scholarships an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment personnel. Provided, that of the above appropriated amount relative to scholarships $175,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law. Provided, that from the above amount $2,800,000 is appropriated for grants and scholarships to students attending private colleges as provided in Ga. L. 1971, p. 906. Such funds shall only be used for students who have been residents of Georgia

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for twelve (12) months prior to the date of entering college and for those who are residents of Georgia at the time they entered the freshman class. Section 10. Teachers Retirement System. F. Y. 1973 $ 400,000 Changed Objects: Personal Services $ 250,000 Operating Expenses $ 321,000 Employer Contribution $ 400,000 Provided, that of the above appropriation, $400,000 is designated and committed to fund H. B. 1184, and the State Budget Bureau shall transfer to the Department of Education and the Board of Regents such amounts of this appropriation as are required to meet the change in contribution rate as established by the Teachers Retirement System. Section 11. Public School Employees Retirement System. Operations F. Y. 1973 $ 34,000 Employer Contribution F. Y. 1973 $ 2,401,000 Changed Objects: Operating Expense $ 34,000 Employer Contribution $ 2,401,000

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Section 12. Department of Human Resources. A. Operations F. Y. 1973 $ 246,988,330 Changed Objects: Personal Services $ 111,994,337 Operating Expenses $ 43,346,972 Capital Outlay $ 250,000 Authority Lease Rentals $ 5,610,000 Grants: Counties $ 35,525,000 Communities $ 507,975 Aged, Blind and Disabled For Support $103,666,000 To other individuals For Support $ 158,667,500 Benefits: Medical Assistance $169,312,000 Grants: Kidney Program $ 200,000 Health Facilities $ 5,250,000 Health Services $ 16,190,000 Provided, that of the above appropriations, $25,000 in State funds is designated and committed for payments for the treatment of cystic fibrosis. Provided, that for the purpose of receiving Federal matching funds under Titles XVI, 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 Titles XVI, XVIII and XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for F. Y. 1973 for operating expenses and additional personnel as necessary to meet requirements for payment or reimbursement, subject to being approved by the Office of Planning and Budget. Provided, however, that when patients are transferred from the State institutions to the Adult Foster Care Program, the Office of Planning and Budget is authorized to transfer from the respective institution budgets to the Administration-Division of Mental Health activity amounts sufficient to defray the cost to the State of Adult Foster Care payments entailed by such patient transfers. Provided, that Central State Hospital is hereby authorized to utilize all Medicare and Medicaid receipts in excess of the amount contemplated in this Appropriation Act to improve the quality of patient care at the ward level. B. Construction Authority Lease Rentals F. Y. 1973 $ 5,610,000 Capital Outlay F. Y. 1973 $ 250,000

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Provided, that of the above appropriation relative to Capital Outlay, $200,000 is designated and committed for the construction of an All-Faiths Chapel at Gracewood State School and Hospital, and $50,000 is designated and committed for planning costs associated with the renovation of the Freeman Building at Central State Hospital. Section 13. Department of Offender Rehabilitation. A. Operations F. Y. 1973 $ 21,903,118 Changed Objects: Personal Services $ 18,131,518 Operating Expenses $ 9,707,100 B. Construction Capital Outlay F. Y. 1973 $ 1,199,000 Changed Object: Capital Outlay $ 1,639,000 Authority Lease Rentals F. Y. 1973 $ 1,362,000 Changed Object: Authority Lease Rentals $ 1,362,000 Provided, that from the above appropriated amount, $522,000 is designated and committed to pay rentals to the Georgia

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Building Authority (Penal) to permit the issuance of bonds to finance new projects. Section 14. State Board of Pharmacy. Operations F. Y. 1973 $ 259,500 Changed Objects: Personal Services $ 204,500 Operating Expenses $ 55,000 Section 15. Department of Transportation. A. Appropriation of all funds in subsections A., B., and C. of this Section shall 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 Department of Transportation, including equipment and compensation claims. For lease rental obligations of the Department of Transportation to Georgia

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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 Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the 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 Department of Transportation 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 Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization

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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 Department of Transportation. Operations (including Capital Outlay) F. Y. 1973 $ 166,805,000 Construction: Authority Lease Rentals F. Y. 1973 $ 24,878,000 B. Grants to Counties. For grants to counties for aid in county road construction and maintenance. Grants shall be distributed and disbursed by the State Treasurer as provided by law. F. Y. 1973 $ 4,817,013.03 C. For grants to counties for aid in county road construction and maintenance. F. Y. 1973 $ 4,500,000 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 Department of Transportation. Provided, further, that a member of the governing authority of the county, designated

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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 Department of Transportation. At the request of the Governor or the Budget Bureau or the Director of the Department of Transportation 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. Grants to Municipalities for Capital Outlay. For grants to municipalities in accordance with the Act approved March 31, 1965 (Ga. L. 1965, p. 458), as amended. F. Y. 1973 $ 9,317,000 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 Department of Transportation, 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. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis,

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such payments to be made on the last day of each quarter. E. Airport Development-State Share of Airport Development. Construction: Capital Outlay F. Y. 1973 $ 976,000 F. Aviation-For Airport Planning and the Promotion of Aviation Safety. Operations F. Y. 1973 $ 81,000 Section 16. Department of Veterans Services. A. Operations F. Y. 1973 $ 3,715,000 Changed Objects: Personal Services $ 3,777,000 Operating Expenses $ 957,000 Grants to Confederate Widows $ 58,000 B. Construction: Capital Outlay F. Y. 1973 $ 500,000 Changed Object: Capital Outlay $ 1,000,000

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Section 17. Department of Labor. Operations F. Y. 1973 $ 909,000 Changed Objects: Personal Services $ 14,368,000 Operating Expenses $ 3,438,000 Capital Outlay $ 100,000 Grants to Individuals $ 635,000 Unemployment Compensation Reserve Fund. F. Y. 1973 $ 1,830,000 Changed Object: Unemployment Compensation Reserve Fund $ 1,830,000 Section 18. Department of Agriculture. Operations F. Y. 1973 $ 9,765,000 Changed Objects: Personal Services $ 7,494,000 Operating Expenses $ 3,494,000 Provided, that of the above appropriated amount relative to operating expense, the sum of $75,000 is designated and committed for use in contracting with the Georgia College of Veterinary Medicine for diagnostic services. Construction: Capital Outlay F. Y. 1973 $ 28,440.97 Authority Lease Rentals F. Y. 1973 $ 1,125,000 Fire Ant Eradication F. Y. 1973 $ 1,500,000 Indemnities F. Y. 1973 $ 137,000

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The object Classes for the four items listed above shall be in the same amounts as listed for the four items above. Provided, that of the above appropriated amount, $15,440.97 is designated and committed for use at the State Farmers Market at Ellijay. Section 19. Department of Industry and Trade. A. Operations F. Y. 1973 $ 4,961,000 Changed Objects: Personal Services $ 1,554,000 Operating Expenses $ 1,337,000 Advertising $ 700,000 Grants: APDC $ 1,170,000 LEAA $ 11,281,000 HUD-701 $ 625,000 Provided, that of the above appropriated amount relative to operating expense, $300,000 is designated and committed for payment to the Georgia Ports Authority for dredging and related activities. Provided, that if Federal funds become available for at least partial funding of the position of Director of the Division of Community Affairs, and for the stenographic position included in this appropriation to assist such Director, the Office of Planning and Budget shall reduce this appropriation by the amount of such Federal fund availability. B. Construction: Capital Outlay F. Y. 1973 $ 113,500 Changed Object: Capital Outlay $ 113,500 Provided, that of the above appropriation, $13,500 is designated and committed for planning for a Welcome Center on Interstate 95 near Kingsland, Georgia, and $100,000 is designated and committed for planning and development relative to the Georgia World Congress Center. Authority Lease Rentals F. Y. 1973 $ 2,000,000 Changed Object: Authority Lease Rentals $ 2,000,000

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Section 20. Department of Public Safety. Operations F. Y. 1973 $ 19,141,000 Changed Objects: Personal Services $ 14,621,000 Operating Expenses $ 6,783,000 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 the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police). Section 21. Department of Defense. Operations F. Y. 1973 $ 1,190,000 Changed Objects: Personal Services $ 902,000 Operating expenses $ 211,000 Grants: National Guard $ 216,000 Service Contract $ 114,000

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Section 22. Workmen's Compensation Board. Operations F. Y. 1973 $ 851,000 Changed Objects: Personal Services $ 747,000 Operating Expenses $ 104,000 Section 23. Department of Banking and Financial Regulations. Operations F. Y. 1973 $ 923,000 Changed Objects: Personal Service $ 743,000 Operating Expenses $ 180,000 Section 24. Georgia Public Service Commission. Operations F. Y. 1973 $ 879,000 Changed Objects: Personal Services $ 787,000 Operating Expenses $ 92,000 Section 25. Office of Comptroller General. Operations F. Y. 1973 $ 1,959,000 Changed Objects: Personal Services $ 1,505,000 Operating Expenses $ 473,000

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Provided, that the Comptroller General is authorized to utilize Federal funds for the purpose of employing six additional personnel and for operating expenses related thereto. Section 26. Department of Natural Resources. A. Operations F. Y. 1973 $ 12,124,159 Changed Objects: Personal Services $ 12,448,159 Operating Expenses $ 8,370,000 Grants: Land and Water Conservation Fund $ 3,250,000 B. Construction: Capital Outlay F. Y. 1973 $ 2,756,300 Changed Objects: Capital Outlay $ 4,065,300 Provided, that from the above amount, $10,300 is designated and committed to permit an engineering feasibility study for Bowen Mill Lake in Ben Hill County. Provided, also, that this lake will be constructed only if it is approved for funding under the Land and Water Conservation Act and that 50% of the total cost will be reimbursable from Federal funds. Provided, that of the above appropriated amount relative to Capital Outlay, an amount not to exceed $12,000 is designated and committeed for use in construction of fishing piers at Lake Blackshear. Provided, also, however, that the Budget Bureau shall reduce said funds to the extent that Federal funds become available. Authority Lease Rentals F. Y. 1973 $ 2,546,000 Changed Object: Authority Lease Rental $ 2,546,000

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Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission. Section 27. Forestry Commission . Operations F. Y. 1973 $ 7,365,000 Changed Objects: Personal Services $ 7,877,000 Operating Expenses $ 2,220,000

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Section 28. Forest Research Council. Operations F. Y. Year 1973 $ 514,000 Changed Objects: Personal Services $ 80,000 Operating Expenses $ 446,000 Section 29. Soil and Water Conservation Committee . Operations F. Y. 1973 $ 507,000 Changed Objects: Personal Services $ 70,000 Operating Expenses $ 437,000 Section 30. Historical Commission . A. Operations F. Y. 1973 $ 585,500 Changed Objects: Personal Services $ 490,000 Operating Expenses $ 190,000 B. Construction: Capital Outlay F. Y. 1973 $ 67,000

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Section 31. Department of Administrative Services. A. Operations F. Y. 1973 $ 3,900,247 Changed Objects: Personal Services $ 5,863,500 Operating Expenses $ 4,101,500 B. Construction: Capital OutlaySpecial Repairs F. Y. 1973 $ 80,000 Changed Objects: Capital Outlay Special Repairs $ 80,000 Capital OutlayPlanning F. Y. 1973 $ 2,500 Changed Object: Capital Outlay $ 82,500 Provided, that from the above appropriation, $2,500 is designated and committed for obtaining options for the purchase of land in the area surrounding the State Capitol in Atlanta. Provided, that the Division of Air Transportation is authorized to retain such portion of its service income as is required to maintain and upgrade the quality of its equipment. Authority Lease Rentals F. Y. 1973 $ 3,112,753

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Section 32. Merit System of Personnel Administration. (No direct State General Fund Appropriation is required). $ -0- Changed Objects: Personal Services $ 1,036,000 Operating Expenses $ 316,000 Provided, however, that the State Merit System of Personnel Administration is authorized to make only such unit assessment as is required to fund the level of expenditure contemplated for this budget unit in this Appropriations Act. Section 33. Employees Retirement System. A. Operations. (No direct State General Fund Appropriation is required) $ -0- B. Employer Contribution F. Y. 1973 $ -0- Changed Objects: Personal Services $ 389,000 Operating Expenses $ 208,000 Employer Contribution $ -0-

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Section 34. Department of Revenue. A. Operations F. Y. 1973 $ 14,624,000 Changed Objects: Personal Services $ 10,981,000 Operating Expenses $ 3,650,000 B. Loans to CountiesTax Reevaluation. F. Y. 1973 $ 116,965 Changed Objects: Loans to CountiesTax Reevaluation $ 116,965 In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amount and for the same purpose as originally appropriated, $208,035 in F. Y. 1973. Such amount shall be available for further tax evaluation loans to counties. C. Motor Vehicle Tag Purchases F. Y. 1973 $ 642,850 Changed Object: Motor Vehicle Tag Purchases $ 642,850 Provided that of the above appropriated amount relative to Motor Vehicle Tag Purchases,

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$300,000 is designated and committed for use in contracting with Georgia Prison Industries for the production of at least 625,000 1976 motor vehicle tags. Section 35. State Treasury Department. Operations F. Y. 1973 $ 151,000 Changed Objects: Personal Services $ 124,000 Operating Expenses $ 27,000 Section 36. Office of the Secretary of State. A. Operations F. Y. 1973 $ 3,260,300 Changed Objects: Personal Services $ 2,189,776 Operating Expenses $ 1,070,524 B. Construction Authority Lease Rentals F. Y. 1973 $ 815,000 Section 37. Department of Law. A. Operations F. Y. 1973 $ 1,330,000 B. Books for State Library F. Y. 1973 $ 25,000 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 State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. Changed Objects: Personal Services $ 1,213,000 Operating Expenses $ 179,000 Books $ 25,000

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Section 38. Office of the Governor. A. Operations Governor's Office F. Y. 1973 $ 774,000 Office of Planning and Budget F. Y. 1973 $ 1,314,000 There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at 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. B. Governor's Emergency Fund F. Y. 1973 $ 2,000,000

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Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes. Section 39. Grants to Counties and Municipalities. A. Grants to Counties (Act 607, Ga. L. 1967, p. 888) F. Y. 1973 $ 2,600,000 B. Grants to Municipalities (Act 609, Ga. L. 1967, p. 889) F. Y. 1973 $ 4,200,000 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

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Section 40. In addition to all other appropriations for the fiscal year ending June 30, 1973, there is hereby appropriated to the budget units designated hereinafter the amounts listed for each such budget unit for Personal Services to fund a five percent (5%) salary increase for State employees as recommended in the amended Budget Report presented to the General Assembly at the regular 1972 session: Budget Unit State Funds State Scholarship Commission $ 13,000 Secretary of State $ 100,000 Department of Revenue $ 512,000 Department of Education $ 566,000 Department of Administration $ 47,000 Department of Transportaion $ 2,000 Department of Agriculture $ 324,000 Department of Public Safety $ 229,000 Department of Offender Rehabilitation $ 724,000 Department of Labor $ 3,000 Department of Defense $ 36,000 Public Service Commission $ 30,000 Comptroller General $ 67,000 Department of Human Resources $ 5,605,000 Veterans Service $ 141,000 Industry and Trade $ 60,000 Forestry Commission $ 280,000 Georgia Historical Commission $ 14,000 Department of Natural Resources $ 447,000 Department of Banking and Financial Regulations $ 41,000 Treasurer $ 2,000 Department of Law $ 54,000 Workmen's Compensation $ 37,000 Audits $ 60,000 Forest Research Council $ 3,000 Office of the Governor $ 21,000 Office of Planning and Budget $ 48,000 $ 9,466,000

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Section 40A. State Literature Commission. F. Y. 1973 $ 18,400 Changed Objects: Personal Services $ 13,000 Operating Expenses $ 5,400 Section 41. In addition to all other appropriations for the fiscal year ending June 30, 1973, there is hereby appropriated the sum hereinafter provided to the particular affected budget units for the purpose of funding H. B. 1320. F. Y. 1973 $ 253,500 Section 42. 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

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tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. L. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline. Section 43. In accordance with the requirements of Article VII, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1972, 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 sufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. The General Assembly declares that the sums hereby appropriated for lease rentals

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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 44. All expenditures and appropriations made and authorized under this Act shall be according to the objects and/or the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1972 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium, and provided, further, that no funds whatsoever shall be transferred between objects 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 expenditures by object class 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

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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. Section 45. 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 amount following such object classification from the amount provided in the amended Budget Report submitted to the 1972 General Assembly. Changed Objects defined. Section 46. The Office of Planning and Budget 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 Office of Planning and Budget shall cease to be an obligation of the State. TOTAL APPROPRIATIONS F. Y. 1973 $ 1,318,323,996.00 Section 47. Additional sums of money from sources other than the General Funds of the State as shown in the Governor's

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recommendations contained in the Budget Report are appropriated by this Act as specified in the recommendations, except as otherwise specified in this Act. The sum of the object classes as shown in the Governor's Recommendations in the Budget Report, except as otherwise specified in this Act, is deemed to be the appropriation as referred to in Code Sections 40-402, 40-412 and 40-413. Section 48. Notwithstanding any other provision of this Act, no funds appropriated by this Act shall be expended, either directly or indirectly, to employ or contract with any publicist, propagandist or public relations firm whose purpose or function might, in any way, influence future appropriations, unless such expenditure is specifically and expressly authorized by law. The prohibition of this Section shall not be deemed to apply to expenditures in the employment of full-time State employees and shall not apply to expenditures for legislative purposes authorized by either House of the General Assembly. Section 49. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 50. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972.

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NEGOTIABLE INSTRUMENTSLIEN AUTHORIZED WHEN STOP PAYMENT ORDER ISSUED ON CERTAIN CHECKS. No. 886 (House Bill No. 1712). An Act to provide that the payee of any check written for merchandise, or for services rendered on merchandise, and on which the payor subsequently issues a stop payment order, shall have a lien on the merchandise under certain conditions; to provide that such liens shall occupy the same position and be perfected in the same manner as mechanics' liens; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The payee of any check written in full or partial payment for merchandise, or for services rendered on merchandise, delivered at the time of acceptance of the check and on which the payor subsequently issues a stop payment order, shall have a lien for the face amount of the check on the merchandise so delivered if the stop payment order was issued within five days after delivery of the merchandise. Such liens shall occupy the same position as mechanics' liens and shall be perfected in the same manner as mechanics' liens. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972. ABANDONED MOTOR VEHICLE ACT. No. 887 (Senate Bill No. 560). An Act to define abandoned motor vehicles; to authorize peace officers to remove abandoned motor vehicles from public streets, roads, highways and other public property;

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to provide a method for sale of abandoned motor vehicles; to provide for the distribution of the proceeds of the sale of abandoned motor vehicles; 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. For the purposes of this Act, an abandoned motor vehicle shall mean a motor vehicle and/or trailer: (a) Which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of sixty (60) days after the time agreed upon and within sixty (60) days after such vehicle is turned over to such dealer, repairman or wrecker service when no time is agreed upon, or within sixty (60) days after the completion of necessary repairs. Defined. (b) Which is left unattended on a public street, road or highway or other public or private property for a period of at least ten (10) days. (c) Which has been lawfully towed onto the property of another at the written request of a law enforcement officer and left there for a period of not less than sixty (60) days without anyone having made claim thereto. Section 2. The person removing and storing such vehicle shall diligently seek the identity of the owner and shall notify such owner of the vehicle. If the owner cannot be ascertained, the person impounding the vehicle shall advertise in a newspaper of general circulation in the county where the vehicle was obtained a complete description of the vehicle and shall furnish in writing a complete description of the vehicle, including its serial and license numbers, to the Department of Public Safety. Upon a person removing and storing a vehicle without making a good faith effort to ascertain and notify the owner, the said person shall not be entitled to expenses for removal and storage. Diligence.

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Section 3. (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road or highway or other public property for a period of at least ten (10) days, shall be authorized to cause such motor vehicle to be removed to the nearest garage or other place of safety. Peace officers. (b) Any peace officer who, under the provisions of this section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only, and any person removing such vehicle or other property at the direction of a peace officer in accordance with the provisions of this section, shall have a lien on such motor vehicle for a reasonable fee for such removal and for storage of such motor vehicle. Liens. (c) Any peace officer who, under the provisions of this section, causes the removal of any motor vehicle to a garage or other place of safety, shall, within five (5) days, give written notice of such removal, which notice shall include a complete description of the motor vehicle serial number and license number thereof, provided such information is available, to both the State Department of Revenue and the Department of Public Safety. Section 4. Any automobile dealer, wrecker service or repair service owner, or any person or firm on whose property a motor vehicle is lawfully towed at the written request of a law enforcement officer, who shall have an abandoned motor vehicle on his property, may sell the same at public auction. Upon payment of the sales price, the purchaser shall be entitled to and the person making such sale shall issue to him a bill of sale to such abandoned motor vehicle, free and clear of all liens and encumbrances. Any such purchaser may obtain a certificate of title to any such motor vehicle so purchased by filing the prescribed application, accompanied by a certified copy of the bill of sale, and the payment of the lawful fees therefor, and upon compliance with such requirements by such purchaser, it shall be the duty of the State Revenue Commissioner to issue such certificate of title. Such new certificate of title shall be free and clear of all claims of former owners and lienholders. Public auction.

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Section 5. Notice by Registered Mail at least twenty (20) days prior to the date of sale shall be sent to the person or legal entity in whose name the vehicle is registered and to all persons claiming a lien on such vehicle as shown by the records of the State Department of Revenue of Georgia or with corresponding agencies of any other state. In addition, notice of the time and place of such sale shall be given by publication of such notice once a week for two (2) successive weeks in a newspaper of general circulation, published in the county in which such automobile dealer, wrecker service or repair service owner has its fixed place of business, or in the county where such vehicle was lawfully towed at the written request of a law enforcement officer, or where a person shall have such abandoned motor vehicle on his property. In counties in which no newspaper is published, notice shall be given by posting such notice in a conspicuous place at the courthouse. The first publication or posting, as the case may be, shall be at least twenty (20) days before the sale. The notice shall include a complete description of the vehicle and the date and place the vehicle was found or taken into possession. Notice. Section 6. The person making the sale shall have the right to reject any and all bids if the amount of the bid be unreasonably low, and shall have the right to continue the sale from time to time if no bidders are present. Sale. Section 7. (a) The person making the sale shall deduct from the proceeds of such sale the reasonable cost of repair, towing and storage and all expenses incurred in connection with such sale, and pay the balance remaining to the clerk of the superior court of the county in which such sale is made. Provided, however, that such costs shall in no event exceed the customary charges for like services in the community where the sale is made. Costs. (b) The person making such sale shall promptly file with the clerk of the superior court of the county in which such sale is made, a report of the sale, showing the date such abandoned automobile first came into his possession or was abandoned on his premises, the name of the newspaper in which notice of sale was published and the dates of such

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publication, the time and place of the sale, the amount for which the abandoned motor vehicle was sold, the amounts deducted from such sales price for repair, towing, storage expenses, expense of publication of notice of sale, and the amount paid over to the clerk of the superior court. Such report shall contain a statement by the person making such sale, certifying to the correctness of such report under oath. Report. Section 8. The clerk of the superior court shall retain the remaining balance of the proceeds of such sale for a period of twelve (12) months, and if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he shall pay such remaining balance as follows: Proceeds of sale. (a) If the abandoned motor vehicle came into the possession of the person making such sale other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made. (b) If the abandoned motor vehicle came into the possession of the person making such sale at the written request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality. (c) If the abandoned motor vehicle came into the possession of the person making such sale at the written request of a county sheriff, deputy sheriff or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made. (d) If the abandoned motor vehicle came into the possession of the person making such sale at the written request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made. Section 9. This Act is hereby declared to be cumulative of and supplemental to any power or authority any municipality

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or county may now have or possess relative to the disposal of discarded, dismantled, wrecked, scrapped, ruined or junked motor vehicles under any other provision of law, and not in lieu thereof. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972. STATE EMPLOYEESGROUP LIABILITY INSURANCE AUTHORIZED. No. 888 (Senate Bill No. 28). An Act to provide that the State Supervisor of Purchases shall secure a blanket or group liability insurance policy covering State employees, and providing protection to them from liability incurred for damages arising out of the operation of a State owned vehicle while being operated by a State employee during the course of his employment; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Supervisor of Purchases, for and in behalf of all departments, boards, bureaus, agencies and instrumentalities of the State, shall secure a blanket or group liability insurance policy which shall provide to State employees, up to the limit specified in the policy, protection from liability for damages arising out of the operation of any State owned motor vehicle, or any motor vehicle owned by any agency or instrumentality of the State, by any State employee during the course of his employment. Such policy shall in no manner provide for protection

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from liability to the State or any of its agencies or instrumentalities, and nothing contained herein shall be construed in any manner whatsoever to waive the sovereign immunity of the State or any of its agencies or instrumentalities. Authorization. Section 2. The allocation of the cost of such an insurance policy among the various departments, boards, bureaus, agencies, and instrumentalities of the State shall be in accordance with the equitable distribution thereof as shall be determined by the State Supervisor of Purchases, based as nearly as practicable upon the proportionate exposure to liability which each such department, boards, bureau, agency or instrumentality bears to the aggregate exposure to liability of all such departments, boards, bureaus, agencies or instrumentalities of the State. Allocation of cost. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972. STATE PERSONNEL BOARDFINANCING OF HEALTH INSURANCE PLAN FOR EMPLOYEES OF COUNTY BOARDS OF HEALTH CHANGED. No. 889 (Senate Bill No. 125). An Act to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the county boards of health, approved April 18, 1967 (Ga. L. 1967, p. 738), so as to change the method of financing such insurance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the State Personnel Board to provide a health insurance plan for employees of the county boards of health, approved April 18, 1967 (Ga.

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L. 1967, p. 738), 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. 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 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. The State Department of Public Health, in its financial assistance to county boards of health for services rendered as provided by law, shall contribute to this health insurance fund such portion of the costs of such benefits as may be established by the State Personnel Board and approved by the State Department of Public Health in addition to an amount to be established by the Board to defray the costs of administration and the State's portion of the cost of benefits payable for annuitants. Financing. Section 2. 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. On or before June 1 of each year, the Director of the State Merit System of Personnel Administration shall certify to the State Department of Public Health the amount of percentage adopted by the Board as employer payments for the ensuing fiscal year and the State Department of Public Health shall, in its annual budget, make provisions for funds with which to pay the Board the required employer payments. Certification. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972.

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STATE EMPLOYEESWORKMAN'S COMPENSATION INSURANCE COVERAGE SECTION AMENDED. No. 891 (Senate Bill No. 582). An Act to amend an Act authorizing Workmen's Compensation insurance coverage for certain employees of the State of Georgia, approved April 2, 1969 (Ga. L. 1969, p. 234), so as to authorize the Workmen's Compensation Trust Fund to retain all moneys paid into it as premiums on policies of insurance and all moneys received as interest and all moneys received from other sources as a reserve for the payment of the continuing liability established with other agencies of State Government and to defray the expenses of administration; to provide for the investment of said moneys; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing Workmen's Compensation insurance coverage for certain employees of the State of Georgia, approved April 2, 1969 (Ga. L. 1969, p. 234), is hereby amended by adding a new section immediately following section 2, to be designated section 2A, to read as follows: Section 2A. In order to finance the continuing liability established with other agencies of State Government, the Workmen's Compensation Trust Fund is hereby authorized to retain all moneys paid into the Fund as premiums on policies of insurance and all moneys received as interest and all moneys received from other sources as a reserve for the payment of such liability and the expenses necessary to the proper conduct of such insurance program administered by the Fund. The Fund shall invest said moneys in the same manner as other moneys in its possession. Reserve. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972.

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AGRICULTURECOMMISSIONER AUTHORIZED TO REGULATE STANDARDS FOR LEAF TOBACCO WAREHOUSES, ETC. No. 892 (House Bill No. 1177). An Act to amend an Act, relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, so as to authorize the Commissioner of Agriculture to promulgate regulations prescribing physical standards for leaf tobacco warehouses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. L. 1960, p. 214), as amended, is hereby amended by adding, between sections 2 and 3, a new section, to be designated as section 2A, to read as follows: Section 2A. In addition to other authority granted him by this Act, the Commissioner shall be authorized to promulgate regulations prescribing physical standards for buildings used as warehouses for the storage or sale of leaf tobacco. Such standards shall be reasonably designed to insure the protection of producers and others from loss or damage to tobacco while held or stored in such warehouses and to provide for the safety and welfare of said persons while upon the warehouse premises. It shall be a prerequisite to the issuance of a license under the provisions of this Act that the applicant has complied with all standards promulgated pursuant to this Section. Authorization. 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, 1972.

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SUPERIOR COURTSCLERKSADDITIONAL BENEFITS AFTER 20 YEARS SERVICE PROVIDED, ETC. No. 893 (House Bill No. 1198). An Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 228), so as to provide that superior court clerks retiring with more than 20 years' service will receive additional benefits for each additional year of service as a clerk; to provide for retirement after 12 years of service; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing retirement benefits for the clerks of the superior courts, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 228), is hereby amended by striking section 9 thereof in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. (a) In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court, immediately preceding retirement. Subject to the restrictions set out herein, clerk, in computing such service, may include service as a deputy clerk of the superior court. No person shall be eligible for the retirement benefits provided herein unless he has paid into the fund the amount provided for in this Act for the four years' service immediately preceding his retirement. Any clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to two-thirds of his salary based upon his

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last four years of service as clerk immediately preceding his retirement, or the sum of $240.00 per month, whichever is the smaller sum. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the board as provided for in this Act. No person shall be eligible for benefits provided herein until his official duties shall have terminated, and unless he shall file application for benefits within ninety days, or as soon thereafter as possible for the time of the termination of his official duties. (b) In the event a clerk is eligible to retire after having served 20 years, as provided hereinabove, and does not retire but continues to serve as clerk, he shall be entitled to receive, upon retirement, that amount to which he would have been entitled to receive under subsection (a) and, in addition, shall receive an amount for each year of service as a clerk after said 20 years equal to five percent (5%) of the amount he would be entitled to under subsection (a). Section 2. Said Act is further amended by adding a new section, to be known as section 10B, to read as follows: Section 10B. A clerk of the superior court, if otherwise eligible, may receive the retirement benefits provided for hereinafter if he has served twelve years, at least eight years of which have been served as a clerk. The four years immediately preceding retirement must have been served as a clerk. No other type service shall be counted except service as a deputy clerk of the superior court. Any such clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to 40% of his salary based upon his last four years' of service as a clerk immediately preceding his retirement, or the sum of $144.00 per month, whichever is the smaller sum. Benefits will not begin until the clerk has reached at least 55 years of age. Section 3. 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972. DEPARTMENT OF PUBLIC SAFETYCOMPENSATION OF CERTAIN MEMBERS CHANGED, ETC. No. 896 (House Bill No. 1258). An Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 392), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 306), so as to change the compensation of certain members of the Department of Public Safety; to provide that the increased compensation provided for by this Act shall not be subject to being increased due to longevity; 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. 392), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 306), is hereby amended by striking from section 2 of Article II the following: 2 Majors $6,175.00 per year, each 6 Captains $5,575.00 per year, each 12 1st Lieutenants $5,175.00 per year, each 2 Sergeant Majors $4,975.00 per year, each 60 Sergeants $4,875.00 per year, each 60 Corporals $4,575.00 per year, each Troopers $4,275.00 per year, each and substituting in lieu thereof the following: 2 Majors $7,325.00 per year, each 6 Captains $6,725.00 per year, each 12 1st Lieutenants $6,325.00 per year, each 2 Sergeant Majors $6,125.00 per year, each 60 Sergeants $6,025.00 per year, each 60 Corporals $5,725.00 per year, each Troopers $5,275.00 per year, each Compensation.

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Section 2. Said Act is further amended by striking from section 2 of Article II the following: There shall be seven (7) chief radio operators and six (6) chief license examiners of said department, plus the necessary additional radio operators and license examiners. Chief radio operators and chief license examiners shall be compensated in the amount of $483.33 per month. Other radio operators and license examiners shall be compensated in the amount of $433.33 per month. All radio operators and all license examiners, though not members of the uniform battalion shall be entitled to the increases hereinafter provided for length of service on such base salary. and substituting in lieu thereof the following: There shall be no more than seven (7) Chief Radio Operators and no more than six (6) Chief License Examiners in said department, plus such additional Radio Operators and License Examiners as said department may require. Chief Radio Operators and Chief License Examiners shall be compensated at the rate of $6,800 per annum. Radio Operators and License Examiners shall be compensated at the rate of $6,200 per annum. All Radio Operators and all License Examiners though not members of the uniform battalion, shall be entitled to the increases hereinafter provided for length of service on such base salary. Section 3. The additional compensation provided for by the provisions of this Act shall not be subject to increases due to longevity. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972.

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PUBLIC ROADSFEES FOR PERMITS FOR MOBILE HOMES, ETC., CHANGED, ETC. No. 897 (House Bill No. 1311). An Act to amend an Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, so as to provide for the revision of fees on single trip permits for mobile homes, modular homes, sectional houses, portable buildings, boats, heavy equipment, houses, off-the-road equipment, timber, structural members, and poles and piling over 75 feet long; to revise fees for annual permits on mobile homes, modular homes, sectional houses, portable buildings, boats, heavy equipment, loads of cotton, concrete pipe, and plywood; to provide that certain unloaded vehicles exceeding legal limitations may return to their point of origin, but may not be operated on the National System of Interstate and Defense Highways; to provide for single trip permits on overheight loads; to provide fees therefor; to provide for threemonth permits for loads of tobacco; to provide fees therefor; 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 governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, is hereby amended by striking subsection (d) of section 1 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Charges for the issuance of special permits shall be made as follows: Fees. (1) Mobile homes, modular homes, sectional houses, portable buildings and boats (single trip permits only): (a) Up to and including 12 feet wide, 75 feet long $10.00 (b) Boats in excess of 12 feet wide $20.00 (c) Mobile homes, modular homes, sectional houses, and portable buildings in excess of 75 feet long $20.00 (2) Twelve-month permit on mobile homes, modular homes, sectional houses, portable buildings, boats and any vehicle or combination of vehicles, except a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof which has transported modular homes, sectional houses and portable buildings may, after depositing any said load, return unloaded to its point of origin even though the unloaded vehicles exceed the 55-foot limitation provided for herein up to and including 12 feet wide, 75 feet long $100.00 Provided, that the unloaded vehicles referred to in this Paragraph may not be operated on the National System of Interstate and Defense Highways. (3) Heavy equipment (single trip permits only): (a) Over on only one of the following limitations: weight, length, height, width $5.00 (b) Over more than one of the above limitations $10.00 (4) Twelve-month permit on heavy equipment: (a) Overweight, overlength, or overwidth $100.00 (b) Overheight $50.00 (but not to exceed the height of 14 feet and six inches) on condition of payment of an indemnity bond or proof of insurance protection for $300,000, said bond or insurance protection conditioned for payment to the Highway Department to be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs or other highway structures damaged by a vehicle operating under authority of such overheight annual permit, the liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permitee, his agents, or operators. A tractor and trailer (low boy type) may, after depositing a load referred to in this Paragraph, return to its point of origin even though the unloaded tractor and trailer (low boy type) may exceed the 55-foot limitation provided for herein up to and including 12 feet wide, 75 feet long. Provided, that the unloaded tractor and trailer (low boy type) referred to in this Paragraph may not be operated on the National System of Interstate and Defense Highways. (5) Miscellaneous (single trip permits only): (a) Houses $ 20.00 (b) Off-the-road equipment $ 5.00 (c) Timber, structural members, poles and piling over 75 feet long $ 5.00 (d) Other oversized equipment not herein specified $ 20.00 (e) Other overheight loads not herein specified $ 5.00 (6) Twelve-month permit for loads of cotton, concrete pipe, and plywood not to exceed nine feet wide $100.00 (7) Three-month permit for loads of tobacco not to exceed nine feet wide $ 25.00

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Provided, that the loads referred to in Paragraphs (6) and (7) may not be operated on the National System of Interstate and Defense Highways. Section 2. Said Act is further amended by striking subsection (e) of section 1 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) In addition to the single trip permits as defined in

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paragraph (a) above, annual permits for motor vehicles exceeding the seventy-five (75) foot limitation, provided for in section 1 (a) of this Act, may be secured for motor vehicles transporting poles and pilings from the woods to the processing plant (for the purpose of this Act, `processing plants' is hereby defined as a business or activity engaged in the treating, preserving and manufacturing of poles and pilings for commercial purposes) and motor vehicles transporting poles for utility companies when such poles cannot be readily dismantled or separated. Annual permits. Charges for the issuance of the annual permits shall be $100.00 per vehicle. Permits specified in this Act shall be issued on application to the State Highway Department to persons, firms or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle; provided, however, that all such permits shall be carried in the vehicle to be valid. The State Highway Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits; provided such rules and regulations are not in conflict with the provisions of this Act and other provisions of law. This subsection shall not be applicable to persons, firms or corporations transporting forest products not herein specified in subsection (e) hereof. 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 23, 1972.

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EMPLOYEES RETIREMENT SYSTEMCLARIFICATION OF ARMED FORCES' SERVICE MADE, ETC. No. 898 (House Bill No. 1339). An Act to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to clarify the method for allowing credit for service in the armed forces; to limit credit for service prior to January 1, 1954; to limit the applicability of the provisions relating to involuntary separation; to provide for vested rights; 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, is hereby amended by striking subsection (4) of section 4 in its entirety and inserting in lieu thereof a new subsection (4), to read as follows: (4) Anything in this Act to the contrary notwithstanding, any member, if otherwise eligible for prior service credits, who, prior to January 1, 1954, served on active duty in the Armed Forces of the United States, shall be entitled to credit for such active duty service, exclusive of reserve service, and not to exceed the limitations as elsewhere provided for in this Act, provided no service in the armed forces shall be deemed as creditable under any provisions of this Act if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other State or federal retirement program, excluding Social Security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended, with the further provision that this Act will not be prejudicial to any determination of creditable service made prior to the passage of this Act. It is not the intent of this subsection to authorize creditable service to any member who retired from active duty in the armed forces with a

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benefit or allowance, unless his benefit or allowance was entirely by reason of injury or disability, and who, without such injury or disability, could not have otherwise qualified for a benefit or allowance. Credits. Section 2. Said Act is further amended by striking subsection (11) of section 4 in its entirety and inserting in lieu thereof a new subsection (11), to read as follows: (11) Any other provisions of this law to the contrary notwithstanding, any member who received compensation from the State of Georgia for services rendered by him prior to January 1, 1954, and any member who had service prior to January 1, 1954, for which prior service credit would be allowable pursuant to the provisions of this Section shall receive credit for such service as prior service upon furnishing proper certification of such service to the Board of Trustees. No credit for any such service shall be allowed for any person first becoming a member after March 31, 1972. No credit for any such service shall be allowed for any person again becoming a member after March 31, 1972, who had not received credit for such service on or before said date. Section 3. Said Act is further amended by striking subsection (3) (a) of section 5 in its entirety and inserting in lieu thereof a new subsection (3) (a), to read as follows: (3) (a) Any member in service, upon becoming involuntarily separated from employment without prejudice, or upon death, shall be entitled to an allowance in accordance with the provisions set forth in subsection (4) of this Section. Provided, however, the provisions of this subsection that relate to `upon becoming involuntarily separated from employment without prejudice' shall not be applicable to any person who first becomes a member after March 31, 1972. Section 4. Said Act is further amended by striking subsection (10) of section 5 in its entirety and inserting in lieu thereof a new subsection (10), to read as follows:

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(10) The right of a service retirement allowance under the provisions of this Act shall vest in a member who withdraws from service prior to attaining age 60, provided said member shall have completed at least 10 years of membership service subsequent to January 1, 1954, and has not withdrawn his contributions. Such member, upon filing an application as provided in subsection (1) of this Section, shall become entitled to a service retirement allowance upon his attainment of the age of 60, or, at his option, any date subsequent thereto after filing such application. The retirement allowance in the case of any such member shall be the monthly amount it would have been had he retired on the last day he contributed to the Retirement System and at that time had been the same age as attained by him on the effective date of his actual retirement under this Section. Should such individual with vested rights die prior to attaining age 60, his accumulated contributions shall be paid to his named living beneficiary, otherwise to his estate. Provided, however, no member shall be eligible to qualify under subsection (8) of section 17 unless he has more than 18 years of creditable service and is not disqualified under subsection (9) of section 17. Section 5. This Act shall become effective April 1, 1972. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972. DISTRICT ATTORNEY EMERITUSRESIDENCE REQUIREMENTS CHANGED. No. 899 (House Bill No. 1342). An Act to amend an Act creating the office of District Attorney Emeritus and the District Attorney's Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, so as to change the residence requirements of District Attorneys Emeritus; to

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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 District Attorney Emeritus and the District Attorney's Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, is hereby amended by striking section VI in its entirety and inserting in lieu thereof a new section VI, to read as follows: Section VI. It shall be the duty of the District Attorney Emeritus to maintain his residence in the State of Georgia and to consult with and advise the active district attorney of his former circuit, from time to time, and, whenever required by the Governor of this State, to participate in the trial of any capital criminal cases pending in any of the courts of the circuit. It shall also be the duty of a District Attorney Emeritus to consult with the Attorney General of the State of Georgia and give advice to the said Attorney General whenever required by such Attorney General to do so. The District Attorney Emeritus shall also serve as a member of the Judicial Council of this State. Emeritus. 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, 1972. LEGAL HOLIDAYSDATE OF VETERANS' DAY OBSERVANCE CHANGED. No. 900 (House Bill No. 1400). An Act to amend an Act designating public and legal holidays in the State of Georgia, approved February 16,

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1943 (Ga. L. 1943, p. 331), as amended, particularly by an Act approved January 28, 1969 (Ga. L. 1969, p. 9), so as to change the date for the observance of Veterans' Day; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, particularly by an Act approved January 28, 1969 (Ga. L. 1969, p. 9), is hereby amended by striking subsection (b) of section 1 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) Beginning with the calendar year 1971, George Washington's Birthday shall be observed on the 3rd Monday in February; National Memorial Day shall be observed on the last Monday in May; and Columbus Day shall be observed on the 2nd Monday in October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1972. FLINT JUDICIAL CIRCUITOFFICE OF ASSISTANT DISTRICT ATTORNEY CREATED, ETC. No. 904 (House Bill No. 1622). An Act to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 410), so as to create the office of Assistant District Attorney of the Flint Judicial Circuit; to provide for the qualifications and appointment of said Assistant District Attorney; to provide that said Assistant District Attorney shall not

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engage in the private practice of law; to provide for his duties, compensation, expenses, authority and term of office; to provide for the payment of the salary and expenses of the Assistant District Attorney by the counties comprising said judicial circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 410), is hereby amended by striking section 5A in its entirety and inserting in lieu thereof a new section 5A, to read as follows: Section 5A. There is hereby created in the Flint Judicial Circuit an office to be known as Assistant District Attorney, and the District Attorney is hereby authorized to appoint the Assistant District Attorney. The Assistant District Attorney shall be a member of the State Bar of Georgia; shall serve at the pleasure of the District Attorney; and shall not engage in the private practice of law. The Assistant District Attorney shall have the same authority given to district attorneys by the laws of this State and, when acting on behalf of the District Attorney, he shall have all of the authority and power, as well as the duties, of the District Attorney in the courts of the counties comprising the Flint Judicial Circuit. The qualifications of the Assistant District Attorney shall be the same as those prescribed for the District Attorney, and he shall be required to take the same oath of office as the District Attorney after appointment and before assuming the duties of his office. The Assistant District Attorney shall receive, as compensation for his services, a salary to be fixed in the discretion of the District Attorney in an amount not to exceed twelve thousand dollars ($12,000) per annum, payable in equal monthly installments out of the funds of the counties comprising said judicial circuit. In addition, the Assistant District Attorney shall receive mileage expenses while traveling

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from the county of his residence to any other county within said judicial circuit, payable monthly at the rate of ten (10) cents per mile. The amount each county of said circuit shall pay shall be prorated among said counties on the basis of the population of each county in proportion to the total population of all counties comprising said circuit, according to the United States Decennial Census of 1970, or any future such census. It shall be the duty of the county commissioners in each of said counties to levy and collect sufficient taxes to pay the portion of the salary and expenses of the Assistant District Attorney chargeable against their respective counties. Assistant District Attorney. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 Session of the General Assembly of Georgia, a bill to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 410), so as to create the office of Assistant District Attorney of the Flint Judicial Circuit; to provide for appointment of said Assistant District Attorney; to provide for his duties, compensation, authority and term of office; to provide for the payment of the salary of the Assistant District Attorney by the counties comprising said judicial circuit, and for other purposes. This 20th day of December, 1971. /s/ Phillip Benson Ham Representative, 33rd District
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/s/ Marvin Adams Representative, 39th District /s/ Don L. Knowles Representative, 22nd District /s/ J. R. Smith Representative 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of February, 1972. /s/ Bobbie H. Hayes Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Notice of Intention To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 Session of the General Assembly of Georgia, a bill to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of

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the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 410), so as to create the office of Assistant District Attorney of the Flint Judicial Circuit; to provide for the appointment of said Assistant District Attorney; to provide for the appointment of said Assistant District Attorney; to provide for his duties, compensation, authority and term of office; to provide for the payment of the salary of the Assistant District Attorney by the counties comprising said judicial circuit; and for other purposes. This 20th day of December, 1971. /s/ Phillip Benson Ham Representative, 33rd District /s/ Marvin Adams Representative, 39th District /s/ Don L. Knowles Representative, 22nd District /s/ J. R. Smith Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Weekly-Advertiser which is the official organ of Henry County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District

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Sworn to and subscribed before me, this 1st day of February, 1972. /s/ Bobbie H. Hayes Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 Session of the General Assembly of Georgia, a bill to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 410), so as to create the office of Assistant District Attorney of the Flint Judicial Circuit to provide for the appointment of said Assistant District Attorney; to provide for his duties, compensation, authority and term of office; to provide for the payment of the salary of the Assistant District Attorney by the counties comprising said judicial circuit; and for other purposes. This 20th day of December, 1971. /s/ Phillip Benson Ham Representative, 33rd District /s/ Marvin Adams Representative, 39th District /s/ Don L. Knowles Representative, 22nd District /s/ J. R. Smith Representative, 39th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of February, 1972. /s/ Bobbie H. Hayes Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 Session of the General Assembly of Georgia, a bill to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 410), so as to create the office of Assistant District Attorney of the Flint Judicial Circuit; to provide for the appointment of said Assistant District Attorney; to provide for his duties, compensation, authority and term of office; to provide for the payment of the salary of the Assistant District Attorney by the counties comprising said judicial circuit; and for other purposes. This 20th day of December, 1971.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Monroe Advertiser which is the official organ of Monroe County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of February, 1972. /s/ Bobbie H. Hayes, Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Approved March 23, 1972. FLINT JUDICIAL CIRCUITPROVISION MADE FOR SECRETARIES FOR JUDGE, ETC. No. 905 (House Bill No. 1623). An Act to amend an Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, approved April 13, 1967 (Ga. L. 1967, p. 501), so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; to limit and provide for the payment of said salary or salaries by the counties comprising said judicial circuit; to provide for the payment of certain expenses incurred by the judge by the counties comprising

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said circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, approved April 13, 1967 (Ga. L. 1967, p. 501), 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 judge of the superior courts of the Flint Judicial Circuit is hereby authorized to employ and fix the compensation of a secretary or secretaries who shall be paid in equal monthly installments out of the funds comprising said judicial circuit. The judge is further authorized to expend funds in an amount not to exceed ten thousand dollars ($10,000) annually for secretarial assistance. Secretaries. 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. The judge is hereby further authorized to incur expenses on behalf of the counties comprising said judicial circuit for necessary offices, utilities, telephone expense, materials and supplies to properly equip, maintain and furnish the office of the judge in each county comprising said judicial circuit. Expenses. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The salary of the secretary or secretaries and the expenses incurred by the judge for offices, utilities, telephone expense, materials and supplies shall be paid by the counties comprising the said judicial circuit. The amount each county of said circuit shall pay shall be prorated among said counties on the basis of the population of each

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county in proportion to the total population of all of the counties comprising said circuit. 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 1972 Session of the General Assembly of Georgia, a bill to amend an Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, approved April 13, 1967 (Ga. L. 1967, p. 501), so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; to limit and provide for the payment of said salary or salaries by the counties comprising said judicial circuit; to provide for the payment of certain expenses incurred by the judge by the counties comprising said circuit; and for other purposes. This 20th day of December, 1971. /s/ Phillip Benson Ham Representative, 33rd District /s/ Marvin Adams Representative, 39th District /s/ Don L. Knowles Representative, 22nd District /s/ J. R. Smith Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson

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Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of January, 1972. /s/ Bobbie H. Hayes, Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 Session of the General Assembly of Georgia, a bill to amend an Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, approved April 13, 1967 (Ga. Laws 1967, p. 501), so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; to limit and provide for the payment of said salary or salaries by the counties comprising said judicial circuit; to provide for the payment of certain expenses incurred by the judge by the counties comprising said circuit; and for other purposes. This 20th day of December, 1971. /s/ Phillip Benson Ham Representative, 33rd District /s/ Marvin Adams Representative, 39th District
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/s/ Don L. Knowles Representative, 22nd District /s/ J. R. Smith Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Weekly-Advertiser which is the offical organ of Henry County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of January, 1972. /s/ Bobbie H. Hayes, Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 Session of the General Assembly of Georgia, a bill to amend an Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, approved April 13, 1967 (Ga. Laws 1967, p. 501), so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; to limit and provide for the payment of said salary or salaries by the counties comprising said judicial circuit; to provide for the payment of certain expenses

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incurred by the judge by the counties comprising said circuit; and for other purposes. This 20th day of December, 1971. /s/ Phillip Benson Ham Representative, 33rd District /s/ Marvin Adams Representative, 39th District /s/ Don L. Knowles Representative, 22nd District /s/ J. R. Smith Representative, 39th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of January, 1972. /s/ Bobbie H. Hayes, Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 Session of the General Assembly of Georgia a bill to amend an Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, approved April 13, 1967 (Ga. Laws 1967, p. 501), so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; to limit and provide for the payment of said salary or salaries by the counties comprising said judicial circuit; to provide for the payment of certain expenses incurred by the judge by the counties comprising said circuit; and for other purposes. This 20th day of December, 1971. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Monroe Advertiser which is the official organ of Monroe County, on the following dates: December 23rd and 30th, 1971, and January 6, 1972. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of February, 1972. /s/ Bobbie H. Hayes, Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Approved March 23, 1972.

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ATLANTA JUDICIAL CIRCUITCOMPENSATION OF ASSISTANT DISTRICT ATTORNEYS PROVIDED, ETC. No. 906 (House Bill No. 1640). 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 March 28, 1969, (Ga. L. 1969, p. 150), and by an Act approved March 23, 1970, (Ga. L. 1970, p. 650), so as to provide that the compensation of assistant district attorneys shall be fixed by the district attorney within specified limits; to provide that no portion of the salary of any assistant district attorney in excess of $18,000.00 per annum shall be considered for any purpose in connection with any Fulton County pension or retirement fund or plan; to provide that the district attorney may in writing designate any assistant district attorney compensated in whole or in part by Fulton County, as first assistant district attorney; 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, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 28, 1969, (Ga. L. 1969, p. 150), and by an Act approved March 23, 1970 (Ga. L. 1970, p. 650), is hereby further amended by striking the second paragraph in section 5 of said Act, as amended, in its entirety, and substituting the following: The salaries of all of the assistant district attorneys shall be fixed by and in the discretion of the district attorney of the Atlanta Judicial Circuit at not less than $10,000.00 nor more than $23,000.00 per annum for five of the assistant district attorneys and at not less than $10,000.00 nor more than $20,000.00 per annum for the other eleven assistant district attorneys. All such salaries so fixed shall be paid

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in equal monthly installments out of the treasury of Fulton County as part of the operating expenses of the Court, the funds therefor to be provided in the same manner as the other operating expenses of said Court. Provided, however, that benefits payable from, and payments into any Fulton County pension or retirement fund or plan shall be computed only upon that portion of the salary or compensation of any assistant district attorney not in excess of $18,000.00 per annum. The district attorney may in writing designate any assistant district attorney compensated in whole or in part by Fulton County as first assistant district attorney, who shall, when and while so designated and acting for the district attorney, have the same powers and duties as 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 of Georgia convening in January, 1972, to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924, (Ga. L. 1924, p. 255), and the acts amendatory thereof, and for other purposes. /s/ Lewis R. Slaton District Attorney Atlanta Judicial Circuit Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the

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21st, 28th days of December, 1971, and on the 4th day of January, 1972. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 10th day of January, 1972. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct 15, 1975. (Seal). Approved March 23, 1972. REVENUE DEPARTMENTCERTAIN REVENUE AGENTS GIVEN POLICE POWERSMOTOR FUEL TAX Code 92-1421 Amended. No. 908 (House Bill No. 1699). An Act to amend Code section 92-1421, relating to rules and regulations under, and enforcement of, the Motor Fuel Tax Law (Code chapter 92-14), so as to confer all powers of a police officer of this State upon special agents and enforcement officers of the Revenue Department when they are engaged in the enforcement of all laws relating to motor fuel taxes imposed by this State; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-1421, relating to rules and regulations under, and enforcement of, the Motor Fuel Tax Law (Code chapter 92-14), is hereby amended by striking the second sentence of said Code section which sentence reads, The State Revenue Commissioner and his deputies or other authorized agents are hereby given the necessary

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police powers for the purpose of enforcing this Chapter. and inserting in lieu thereof a new second sentence to read as follows: Persons appointed by the State Revenue Commissioner as special agents or enforcement officers of the Revenue Department shall have all powers of a police officer of this State when engaged in the enforcement of this Chapter. 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, 1972. REVENUE DEPARTMENTCERTAIN REVENUE AGENTS GIVEN POLICE POWERS MOTOR CARRIERS. No. 909 (House Bill No. 1700). An Act to amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, approved March 21, 1968 (Ga. L. 1968, p. 360), as amended, so as to confer all powers of a police officer of this State upon special agents and enforcement officers of the Revenue Department when they are engaged in enforcing said Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, approved March 21, 1968 (Ga. L. 1968, p. 360), as amended, is hereby amended by adding a new section immediately following section 14 to be designated

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section 14A which shall read as follows: Section14A.Enforcement Powers of Revenue Agents. Persons appointed by the State Revenue Commissioner as special agents or enforcement officers of the Revenue Department shall have all powers of a police officer of this State when engaged in the enforcement of this Act. 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, 1972. LAND CONVEYANCE TO MILLEDGEVILLE AND BALDWIN COUNTY INDUSTRIAL AUTHORITY AUTHORIZED. No. 105 (House Resolution No. 816-1988). A Resolution. Authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, which is currently under the control and jurisdiction of the Georgia Forestry Commission; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows: All that tract or parcel of land containing 74.878 acres situate, lying and being in the 1st Land District, 319th G. M. District, Baldwin County, Georgia and being more

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particularly described as follows: Beginning at the intersection formed by the North right-of-way of Georgia Highway Route No. 22 (Milledgeville to Macon Highway) and the Southwest right-of-way of a road formerly designated Georgia Highway No. 22 (said point being 800 feet, more or less, East of the East right-of-way, if extended, of a road on property known as the Milledgeville-Baldwin County Industrial Park); running thence South 59 23[UNK] West along the North right-of-way of Georgia Highway Route No. 22 a distance of 5,369.3 feet to an iron pin; running thence North 38 56[UNK] East along the Southeast right-of-way of a road formerly designated as Georgia Highway No. 22 a distance of 2,900.3 feet to an iron pin; continuing thence along said right-of-way along an arc (Cord Length654.41 feet, Cord BearingNorth 59 59[UNK] East) a distance of 665.7 feet to an iron pin; continuing thence along said right-of-way North 75 33[UNK] East a distance of 500 feet to an iron pin; continuing thence along said right-of-way along an arc (Cord Length583.11 feet, Cord BearingNorth 86 58[UNK] East) a distance of 585.2 feet to an iron pin; continuing thence along said right-of-way South 87 37[UNK] East a distance of 1,180.8 feet to an iron pin, which is the Point of Beginning. The said property is shown on a Plat prepared for the Milledgeville and Baldwin County Industrial Authority by P. E. Ogletree, L. S. (Ga. Reg. No. 902) dated February 7, 1972. Whereas, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus; and Whereas, the Milledgeville and Baldwin County Industrial Authority is desirous of obtaining said tract of land for the purpose of developing said tract into an industrial park which will enhance the industrial and economic growth of the City of Milledgeville, County of Baldwin, and Middle 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 to convey

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the hereinabove described tract or parcel of land subject to the following conditions: (1) That said tract or parcel of land shall be conveyed to the Milledgeville and Baldwin County Industrial Authority; and (2) That the conveyance of the said tract of land shall be approved by the State Properties Control Commission; and (3) That the consideration for said conveyance shall not be less than the highest of two fair and accurate appraisals of the value of said tract or parcel of land, which shall be obtained by the State Properties Control Commission. Approved March 23, 1972. TRUST COMPANIESCERTAIN FEES REGARDING TRUST COMPANIES CHANGED. Code Title 109 Amended. No. 916 (House Bill No. 252). An Act to amend Code Title 109, relating to trust companies, as amended, so as to change the fee for filing an application to organize a trust company; to change the fee for filing an application to amend the charter of a trust company; to change the fee for filing a petition to amend the charter of a banking company; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 109, relating to trust companies, as amended, is hereby amended by striking the figure 50 in the last sentence of Code section 109-101 in its entirety and inserting in lieu thereof the figure 100, so that Code section 109-101, when so amended, shall read as follows:

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109-101. Number of incorporators; declaration and affidavit; fee.Any number of persons, not less than five, may associate themselves together for the purpose of organizing a trust company in accordance with the provisions of this Title. The persons so desiring to become incorporated shall file in the office of the Secretary of State a declaration in writing, signed by each of them, stating their names and residences, the name and style of the proposed corporation, the location of the principal places of business thereof, the amount of capital stock, and such other matters as they may deem it desirable to state. Such declaration shall be accompanied by the affidavit of at least three of the subscribers that at least $100,000 of the capital stock subscribed has been actually paid in by the subscribers and that the same is in fact held and is to be used solely for the business and purposes of the corporation. A fee of $100 shall be paid into the State Treasury on filing the application, and the Secretary of State shall not issue any charter before its payment. Code 109-101 amended. Section 2 . Said Code Title is further amended by striking the figure 25 in Code section 109-306 in its entirety and inserting in lieu thereof the figure 50, so that Code section 109-306, when so amended, shall read as follows: 109-306. Same; fee for amendment of charter; record of amendment.The corporation filing its application for such amendment shall pay into the State Treasury a fee of $50, and the Secretary of State shall cause such amendment and his certificate to be duly recorded. All such amendments granted by the Secretary of State shall be recorded in the charter book in the office of the clerk of the superior court where such original charter was granted. Code 109-306 amended. Section 3 . Said Code Title is further amended by striking the figure 25 in Code section 109-405 in its entirety and inserting in lieu thereof the figure 50, so that Code section 109-405, when so amended, shall read as follows: 109-405. Fees.The banking company filing a petition for an amendment to its charter under the provisions hereof

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shall pay into the treasury of the State a fee of $50, and the Secretary of State shall cause such petition and his certificate to be duly recorded. Code 109-405 amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. CRIMINAL PROCEDUREINDICTMENTS MAY BE WAIVED BY DEFENDANTS WHO PLEAD GUILTY IN CAPITAL FELONIES, ETC. Code 27-704 Amended. No. 917 (House Bill No. 267). An Act to amend Code section 27-704, relating to the waiver of indictments and the trial of defendants upon accusation, as amended, so as to provide that defendants who consent thereto may plead guilty to capital felonies without necessity of being indicted by a grand jury; to provide for accusations in certain misdemeanor cases; to provide that indictment by a grand jury shall not be required in certain cases; to provide that no waiver of an indictment by a grand jury shall be valid in any capital felony case unless the party waiving indictment is represented by counsel; 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 section 27-704, relating to the waiver of indictments and the trial of defendants upon accusation, as amended, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 27-704, to read as follows: 27-704. Trial on accusation; waiver of indictment.In all felony cases in which the defendants have been bound over

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to the superior court, or have waived commitment trial, the District Attorney shall have authority to prefer accusations, and such parties shall be tried on such accusation: Provided, that parties going to trial under such accusations shall in writing waive indictment by a grand jury; and provided further, that no waiver shall be valid in any capital felony case unless the party waiving indictment by a grand jury is represented by counsel. Judges of the superior court may open their courts at any time without the presence of either grand jury or traverse jury to receive and act upon pleas of guilty when the judge and the accused consent thereto. The judge may try the issues in such cases without a jury upon an accusation filed by the prosecuting officer where the accused has waived indictment and consented thereto in writing and counsel is present in court representing such defendant either by virtue of his employment or by appointment by the court. In all misdemeanor cases which may be prosecuted in superior court, the District Attorney shall have authority, with or without the consent of the defendant, to prefer accusations, indictment by a grand jury not being required in misdemeanor cases. Code 27-704 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. STATE EMPLOYEESAUTHORIZED TO RUN FOR AND HOLD OFFICE IN CERTAIN MUNICIPALITIES (1,000 or less). No. 918 (House Bill No. 279). An Act to provide that notwithstanding any law, rule or regulation to the contrary, an employee of State government shall be authorized to run for and hold office in any government of any municipality having a population of 1,000 persons or less, according to the 1970 federal decennial census or any future federal census; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any law, rule or regulation to the contrary, an employee of State government shall be authorized to run for and hold office in any government of any municipality having a population of 1,000 persons or less, according to the 1970 federal decennial census or any future federal census. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. GEORGIA PHYSICAL THERAPY ACT. No. 919 (House Bill No. 361). An Act to create the Georgia State Board of Physical Therapy; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for the appointment, terms, oath, removal, compensation, duties, qualifications, and vacancies of members of the Board; to provide for powers and duties; to provide for licenses; to provide for examinations; to provide for fees; to provide for disciplinary actions; to provide for injunctions; to provide for penalties; to provide for other matters relative to the foregoing; to provide for specific repeal; 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 Physical Therapy Act. Section 2. Declaration of Purpose. The Georgia Physical Therapy Act is enacted for the purpose of safeguarding the public health, safety and welfare by providing for State administrative control, supervision and regulation of the practice of physical therapy. The practice of physical therapy

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is hereby declared to be affected with the public interest, and this Act shall be liberally construed so as to accomplish the foregoing purpose. Section 3. Definitions. In this Act the following terms shall have the respective meanings provided in this Section unless the context clearly requires a different meaning: (a) Board means Georgia State Board of Physical Therapy; (b) License means a valid and current certificate of registration issued by the Joint Secretary on behalf of the Board, which shall give the person to whom it is issued authority to engage in the practice prescribed thereon; (c) Licensee means any person holding a license; (d) Joint Secretary means the Joint Secretary, State Examining Board of Georgia; (e) Person shall mean a human person only, not a legal entity; (f) Physical therapist means any person who practices physical therapy; (g) Physical therapy includes: (1) Performing and interpreting tests and measurements of neuro-muscular and muscle-skeletal functions, developmental and functional tests as an aid to treatment, diagnosis and prognosis; (2) Planning initial and subsequent treatment programs on a basis of test findings; (3) Administering treatments through the utilization of physical measures to relieve pain and develop or restore function and maintain maximum performance. (h) Physical therapy assistant means a person who assists in the practice of physical therapy under the supervision

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and direction of a physical therapist, and whose activities require a basic understanding of physical therapy, but do not require professional or advanced training in the anatomical, biological and physical sciences involved in the practice of physical therapy. Section 4. Georgia State Board of Physical Therapy Created; Present Members of Board; Successors. There is hereby created a Georgia State Board of Physical Therapy. The members serving on the Board of Physical Therapy as it existed immediately prior to the effective date of this Act shall continue to serve until their resignation, removal or respective terms expire, whichever first occurs, and, in the latter case, until their successors are appointed. Their successors shall be appointed as provided by this Act. Section 5. Members of Board; Appointment; Terms, Oath, Removal; Vacancies. The Board shall consist of five (5) members, each of whom shall be appointed by the Governor, approved by the Secretary of State and confirmed by the Senate for a term of three (3) years. Each member shall serve until his resignation, removal or respective term expires, and, in the latter case, until his successor is appointed. All appointments may be made from a list of at least three persons submitted to the Governor by the Georgia Chapter of the American Physical Therapy Association. Appointees to the Board shall immediately after their appointment take and subscribe to a written oath or affirmation required by law for public officers. The Governor, after notice and opportunity for hearing, may remove any member of the Board for neglect of duty, incompetence, revocation or suspension of his license or other dishonorable conduct. After such removal, or vacancy due to other reasons, the Governor shall appoint a successor to serve the unexpired term. Section 6. Members of Board; Qualifications. To be eligible for appointment to the Board, a person must: (a) Be a licensee under the provisions of this Act; and (b) Be a citizen of the United States and a resident of the State of Georgia; and

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(c) Have practiced or taught physical therapy for at least five (5) years. Section 7. Members of Board; Quorum; Business by Telephone. A majority (3) of the Board members shall constitute a quorum for all Board business, and, with the exception of hearings in contested cases, may conduct business in conference by telephone. Section 8. Members of Board; Compensation. The members of the Board shall receive $25.00 for each day, or part thereof, in the performance of their official duties, in addition to other expenses which are provided by law. Section 9. Secretary of Board; Duties, Powers of Subpoena; Service Upon; Affidavits of Official Records. The Joint Secretary shall be Secretary of the Board, and, in addition to his powers and duties as prescribed by Chapter 84-1 of the Code of Georgia, as amended, shall perform such other administrative duties as may be prescribed by the Board. In a contested case, the Joint Secretary on behalf of the Board shall have the power to subpoena, throughout the State, witnesses, designated documents, papers, books, accounts, letters, photographs, objects or other tangible things. All legal process and all documents required by law to be served upon or filed with the Board shall be served upon or filed with the Joint Secretary at his office in Atlanta, Georgia. All official records of the Board, or affidavits by the Joint Secretary certifying the content of such records, shall be prima facie evidence of all matters required to be kept therein. Section 10. Powers and Duties of Board. The Board shall: (a) Prepare or approve all examinations or applicants for licenses; and (b) Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapy assistants; and (c) Determine the qualifications of and approve qualified

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physical therapy schools and courses in physical therapy for the purpose of determining qualifications of applicants for licenses; and (d) Investigate alleged or suspected violations of the provisions of this Act or other law of this State pertaining to physical therapy and any rules and regulations adopted by the Board. For this purpose, any Board member or authorized inspector shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced; and (e) Conduct all hearings in contested cases according to the Georgia Administrative Procedure Act; and (f) Suspend, revoke or cancel the license of, or refuse to grant, renew or restore a license to any person upon any ground therefor specified in this Act; and (g) Adopt a seal, the imprint of which together with the authorized signature of either the Joint Secretary or other member authorized by the Board shall be effective to evidence its official acts; and (h) Maintain in the office of the Joint Secretary a register of all persons holding a license and a record of all inspections made; and (i) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this Act and other laws of this State insofar as they relate to physical therapy. Section 11. Existing Rules and Regulations not Affected. All rules and regulations adopted by the Board of Physical Therapy as it existed prior to the effective date of this Act shall continue in effect until modified or repealed. Section 12. Requirement of License to Practice Physical Therapy; Exemption of Other Licensed Professions and Trades. After six months from the effective date of this Act, no person shall practice as a physical therapist or

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physical therapy assistant nor hold himself out as being able to practice as a physical therapist or physical therapy assistant unless he holds a license and otherwise complies with the provisions of this Act and the rules and regulations adopted by the Board. Provided, however, that this Act shall not apply to professional or trade practices which are properly conducted under authority of other Georgia licensing laws. Section 13. Requirements for Issuance of License to Practice Physical Therapy as an Assistant. A license to practice physical therapy as an assistant shall be issued to any person who: (a) Is a graduate of an approved school or course of secondary education; and (b) Has completed an approved course in physical therapy of at least two years from a school accredited by a recognized accrediting agency and approved by the Board; and (c) Satisfactorily passes an examination prepared or approved by the Board; and (d) Is not disqualified to receive a license under the provisions of section 20 of this Act. Section 14. Requirements for Issuance of License to Practice Physical Therapy. A license to practice physical therapy shall be issued to any person who: (a) Is a graduate of a school of physical therapy accredited by a recognized accrediting agency and approved by the Board; and, in addition, (b) Meets all other requirements of section 13 of this Act. Section 15. Temporary License without Examination. A temporary license may be issued without examination to any person who:

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(a) Applies for the first time to practice physical therapy as a physical therapist or a physical therapy assistant under sections 13 or 14 of this Act and meets all other qualifications thereunder; or (b) Intends to practice on a temporary basis in this State and otherwise meets all qualifications for a licensed physical therapist or physical therapy assistant under this Act. A temporary license issued under this Section shall expire after six months and be subject to renewal only upon good and exceptional cause shown. Section 16. Permanent Licenses without Examination. The Board may grant to persons licensed in other states or countries full privileges to engage in equivalent practice authorized by this Act without taking an examination, provided: (a) That such persons are properly licensed under the laws of another state or country; and (b) That the requirements for licensing in such other state or country are substantially equal to the requirements for a similar license in this State. Section 17. Examinations. The Board shall examine applicants upon the subjects required for the practice of physical therapy at least twice each year, and by any method or procedure which the Board deems necessary to test the applicant's qualifications to practice physical therapy. Any national standardized examination which the Board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the Board shall give. Section 18. Expiration, Renewal and Restoration of Licenses. All licenses expire annually at such times as may be designated by the Board. All applications for renewal of a license shall be filed with the Joint Secretary prior to the expiration date, accompanied by the annual renewal fee prescribed by the Board. A license which has

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expired for failure to renew may only be restored within two years from the date of expiration, after application and payment of the prescribed restoration fee. Any license which has not been restored within two years following its expiration may not be renewed, restored or reissued thereafter. The holder of such a cancelled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. Section 19. Fees. The Board is empowered to establish and charge reasonable fees for the administration of examinations, issuance of all licenses and supplying information to applicants, licensees and the general public. Such fees shall be commensurate with the cost of fulfilling the duties of the Board as defined by this Act. Section 20. Disciplinary Sanctions; Grounds; Restoration. The Board shall, after notice and opportunity for hearing, have the power to suspend, revoke or cancel the license of, or refuse to grant, renew or restore a license to, any licensee upon proof of any one of the following grounds: (a) Practicing physical therapy other than on the referral of a physician licensed to practice medicine, surgery or dentistry in this or another State, or, in the case of practice as a physical therapy assistant, practicing other than under the supervision and direction of a licensed physical therapist; or (b) Using drugs or intoxicating liquors to an extent that affects the licensee's professional competence; or (c) Conviction of a felony or of a crime involving moral turpitude; or (d) Obtaining or attempting to obtain a license by fraud or deception; or (e) Being grossly negligent in the practice of physical therapy or as a physical therapy assistant; or (f) Being adjudged mentally incompetent by a court of competent jurisdiction.

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Section 21. Injunctive Power . The practice of physical therapy is declared to be an activity affecting the public interest and involving the health, safety and welfare of the public. Such practice when engaged in by a person who is not licensed is declared to be a public nuisance, harmful to the public health, safety and welfare. The Board, or the district attorney of the circuit where such nuisance exists, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Section to allege or prove that there is no adequate remedy at law. Section 22. Criminal Sanction . It shall be unlawful for any person to violate any provision of this Act regulating the practice of physical therapy, and any person convicted of such violation shall be punished as for a misdemeanor. Section 23. Specific Repealer . An Act known as the Physical Therapists Practice Act, approved February 19, 1951 (Ga. L. 1951, p. 175), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 633), and an Act approved March 26, 1964 (Ga. L. 1964, p. 765), is hereby repealed in its entirety and the aforesaid amendatory Acts are likewise repealed in their entirety. Section 24 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. WAYCROSS JUDICIAL CIRCUITTERMS CHANGED. No. 921 (House Bill No. 713). An Act to change the terms of superior court for the counties comprising the Waycross Judicial Circuit; 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 . The terms of superior court for the counties comprising the Waycross Judicial Circuit shall be as follows: Brantley County: The first Tuesday in September The first Monday in February Charlton County: The fourth Monday in September The fourth Monday in February Coffee County: The third Monday in October The third Monday in March Ware County: The second Monday in November The second Monday in April Bacon County: The fourth Monday in November The fourth Monday in May Pierce County: The second Monday in December The first Monday in May Section 2 . This Act shall become effective July 1, 1972. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. INTOXICATING BEVERAGESREVENUECERTAIN WINES EXEMPT FROM TAXATION. No. 922 (House Bill No. 723). An Act to amend an Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937, (Ga. L. 1937, p. 851), as amended, particularly by an Act approved February 16, 1938, (Ga. L. 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941, (Ga. L. 1941, p. 234), an Act approved February 20, 1951, (Ga. L. 1951,

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p. 356), an Act approved June 22, 1955, (Ga. L. 1955, Ex. Sess., p. 22), and an Act approved March 24, 1969, (Ga. L. 1969, p. 111), so as to provide an exemption from taxes for certain wines, to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to the manufacture, sale and taxing of wine, approved March 30, 1937, (Ga. L. 1937, p. 851), as amended, particularly by an Act approved February 16, 1938, (Ga. L. 1937-38, Ex. Sess., p. 185), by an Act approved March 27, 1941, (Ga. L. 1941, p. 234), an Act approved February 20, 1951, (Ga. L. 1951, p. 356), an Act approved June 22, 1955, (Ga. L. 1955, Ex. Sess., p. 22), and an Act approved March 24, 1969, (Ga. L. 1969, p. 111), is hereby amended by adding at the end of section 3 a new paragraph to read as follows: The sale and use of wine sold by licensed wine wholesalers to established and recognized churches and synagogues for use only in Sacramental Services shall be exempt from the tax imposed by this Section. Exemption. Section 2 . This Act shall become effective upon its approval or its otherwise becoming law. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. REVENUEMULTI COUNTY PROPERTYTAXES PAYABLE WHERE MAJORITY OF PROPERTY LOCATED. No. 924 (House Bill No. 778). An Act to provide that a taxpayer who has a piece of property extending into more than one county shall be entitled to pay all property taxes due on said property to the tax

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collector in the county where the majority of the property is located; 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 . A taxpayer who has a piece of property extending into more than one county shall be entitled to pay all property taxes due on said property to the tax collector in the county where the majority of the property is located. Nothing herein changes the amount of tax due each county, but only the place of payment and collection may be changed. The tax collector and tax commissioner of the county of collection shall transmit to the tax collector and tax commissioner of the other said counties the monies due said counties and a certificate showing that all taxes due on said property have been paid. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. COBB JUDICIAL CIRCUITSALARIES OF JUDGES AND DISTRICT ATTORNEY CHANGED, ETC. No. 925 (House Bill No. 972). 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), and an Act approved March 12, 1970 (Ga. L. 1970, p. 255), so as to change the salaries of the judges, the district attorney and the assistant district attorneys of said circuit; to change the qualifications, duties and powers of the part-time assistant district attorney; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the 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), and an Act approved March 12, 1970 (Ga. L. 1970, p. 255), is hereby amended by striking from section 4 the figures $26,000.00 and $25,250.00, wherever the same shall appear, and inserting in lieu thereof the figures $29,000.00 and $28,500.00, respectively, so that when so amended, section 4 shall read as follows: Section 4. The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are hereby created. Each judge of the Superior Court of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that each such judge shall receive $29,000.00 per annum as remuneration for services rendered as a Superior Court Judge of the Cobb Judicial Court. In the event such compensation from State funds and such contingent expense allowance from State funds is $29,000.00 or more per annum, such local supplement provided herein shall be discontinued. The district attorney of the Cobb Judicial Circuit shall receive a supplement from the general funds of Cobb County in such an amount so that the combined total of such local supplement, compensation from State funds and any contingent expense allowance from State funds shall be in such an amount that such district attorney shall receive $28,500.00 per annum as remuneration for services rendered as the district attorney of the Cobb Judicial Circuit. In the event such compensation from State funds and such contingent expense allowance from State funds is $28,500.00 or more per annum, such local supplement provided herein shall be discontinued. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any contested matter in any court in this State. Provided, however, that the present district attorney of the Cobb Judicial Circui and all future district attorneys may prosecute to final

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completion all cases in which his name appears as counsel of record and which were filed prior to his assuming the office of district attorney of the Cobb Judicial Circuit. Salaries. Section 2. Said Act is further amended by striking section 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 attorney shall be compensated in the sum of not less than $9,000.00 nor more than $20,000.00 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 with the exception that whenever the State of Georgia shall provide compensation to any of the assistant district attorneys, the amount of State compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia. Assistant District Attorneys. Section 3. This Act shall become effective on January 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1971 session of the General Assembly of Georgia, a bill to supplement the compensation of the judges of the Cobb Judicial Circuit; and for other purposes.

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This 8th day of February, 1971. /s/ Cyrus M. Chapman Senator, 32nd District /s/ George H. Kreeger Representative, 117th District /s/ Dr. J. H. Henderson, Jr. Senator, 33rd District /s/ G. Robert Howard Representative, 117th District /s/ Eugene Housley Representative, 117th District /s/ Hugh Lee McDaniell Representative, 117th District /s/ Howard Atherton Representative, 117th District /s/ A. L. Burruss Representative, 117th District /s/ Joe Mack Wilson Representative, 117th District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: February 12, 19 and 26, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me this 25 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 27, 1972.

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ELECTED OFFICIALSPROHIBITED FROM ENGAGING IN BAIL BOND BUSINESS. No. 926 (House Bill No. 1014). An Act to provide that it shall be unlawful for any elected official in this State to engage in the bail bond business; to provide penalties for violations; 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 elected official in this State to engage, either directly or indirectly, in the bail bond business. Section 2. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. MOBILE HOMESREDEFINEDCERTAIN ANNUAL RENEWAL PERMITS NOT REQUIRED, ETC. No. 929 (House Bill No. 1105). An Act to amend an Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes, approved April 10, 1971 (Ga. L. 1971, p. 631) so as to change the provisions relative to the definition of mobile homes; to change the provisions relative to the use of a mobile home; to change the provisions relative to the fee for permits; to provide for all 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. An Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes, approved April 10, 1971 (Ga. L. 1971, p. 631) is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. As used in this Act, the term `mobile home' means a `mobile home' as such term is defined in subsection (a) of section 2 of the Act known as `The Uniform Standards Code for Factory Manufactured Movable Homes Act', approved March 26, 1968 (Ga. L. 1968, p. 415), except any such mobile home which is permanently located on property owned by the owner of such mobile home or his spouse. Mobile home defined. Section 2. Said Act is further amended by striking from the end of the first sentence of section 2 the words, other purposes and inserting in lieu thereof the words, purpose other than resale so that when so amended section 2 shall read as follows: Section 2. The governing authority of each county of this State, by appropriate resolution, shall provide procedures whereby the owner of a mobile home shall be required to obtain from the tax assessors of the county a permit authorizing the location of such mobile home within the respective confines of such county when the owner thereof is using or intends to use such mobile home as a residence for himself or others or for any purpose other than resale. Any such resolution shall also provide that the owner of a mobile home used as a residence or for any purpose other than resale which is located within such county may not be relocated within the confines of the county or beyond such confines without first obtaining a permit from the tax assessors of such county authorizing such relocation. Any such resolution shall also provide that all applicable taxes have been paid before any permit provided for herein shall be issued. In connection therewith,

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any such resolution shall require proof from the owner of a mobile home which is located within any portion of the county that lies within a municipality that all applicable municipal taxes have been paid before a permit may be issued. Permit. Section 3. Said Act is further amended by inserting in the second sentence of subsection (a) of section 3 between the word, residence and the word, within the words or for any purpose other than resale so that when so amended subsection (a) of section 3 shall read as follows: (a) The resolutions provided for in section 2 of this Act shall also provide for the issuance of decals at the time the permits provided for by such resolutions are issued. The decal issued with a permit authorizing location of a mobile home within a county shall be green in color and shall be affixed to the mobile home at all times it is being used as a residence or for any purpose other than resale within the confines of such county. The decal issued with the permit authorizing relocation of a mobile home shall be red in color and shall be affixed to the mobile home at all times such mobile home is being transported within the confines of this State. Such decals shall be designed in such manner and affixed to mobile homes in such manner as to cause them to be easily visible for inspection. Decals. Section 4. Said Act is further amended by striking subsection (c) of section 3 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Such resolutions may also provide for a maximum fee of $25.00 for the issuance of each permit required by such resolutions and for the annual renewal of permits authorizing the location of a mobile home within the confines of a county. Such resolutions may provide for the issuance of such permits without charge upon proof that a mobile home has been returned for tax purposes for the current year. The governing authority of each county shall not be authorized to require the annual renwal of permits authorizing the location of a mobile home within the confines of a county. Fee.

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Section 5. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. Nothing herein shall be construed so as to authorize the governing authority of any county to adopt a resolution requiring any person, firm or corporation, other than the owner who has purchased the mobile home for use as a residence or for any other purposes other than resale, to obtain a permit authorizing the location of such mobile home within the county or to obtain a permit authorizing the mobile home to be relocated within the confines of the county or beyond the confines of the county. Construction. 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 27, 1972. EDUCATIONMINIMUM FOUNDATION PROGRAM OF EDUCATION ACT CHANGED. No. 932 (House Bill No. 1123). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, particularly by an Act approved April 7, 1971 (Ga. L. 1971, p. 574), so as to change the provisions relative to the calculation of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; 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

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Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, particularly by an Act approved April 7, 1971 (Ga. L. 1971, p. 574), is hereby amended by striking section 22 in its entirety and inserting in lieu thereof a new section 22 to read as follows: Section 22. Calculation According to Local Financial Ability of Amount Required for Local Support of Minimum Foundation Program. (a) The State Board of Education shall calculate annually the amount of funds that each local unit of administration shall be required to raise to support its Minimum Foundation Program of Education. Effective for the 1972-73 school year, beginning July 1, 1972, and for each year thereafter, the amount of such funds to be raised by each local unit of administration shall be calculated by multiplying the following by a percentage factor selected to produce a Statewide required local effort of at least $78,500,000 but no more than $78,600,000: Calculation. (1) For a county school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county. (2) For a county with independent school systems located within the county or counties, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county or counties. For the 1972-73 school year, beginning July 1, 1972, this amount shall be prorated between the systems by adding 33 1/3 per cent to the county equalized adjusted school property tax digest of all property located within the territory of the independent school systems. For the 1973-74 school year, beginning July 1, 1973, this amount shall be prorated between the systems by adding 22 2/9 percent to the county equalized adjusted school property tax digest of all property located within the territory of the independent school systems. For the 1974-75 school year, beginning July 1, 1974, this amount shall be prorated between the systems by adding 11 1/9 percent to the county equalized adjusted school property tax digest of all property located within the territory of the independent

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school systems. Thereafter, this amount shall be prorated between the systems by using the actual equalized adjusted school property tax digest of each system within the county. (3) For an area school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of property located within such area school system. (b) The amounts determined in accordance with the provisions of subsection (a) of this section shall be the amounts to be raised by each local unit of administration in support of the Minimum Foundation Program of Education. The amount of the costs of the Minimum Foundation Program of Education remaining after deducting the total amount to be raised by all local units of administration shall be paid entirely from State funds. (c) The State Auditor shall furnish to the State Board of Education the sums of the current equalized adjusted school property tax digests in accordance with an Act approved March 20, 1970 (Ga. Laws 1970, p. 542), relative to equalized adjusted school property tax digests. In making the calculations required by subsection (a) of this Section for the 1972-73 school years, the State Board of Education shall use the equalized adjusted school property tax digests, as shown on the State Auditor's Ratio Study Report, due November 15, 1971. Thereafter, the sums of the current equalized adjusted school property tax digests, as shown on the State Auditor's Ratio Study Reports, which are due on November 15 immediately preceding the beginning of a school year shall be used to make the calculations required by subsection (a) of this section for each school year. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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DEPARTMENT OF PUBLIC SAFETYCOMPENSATION OF DEPUTY DIRECTOR CHANGED, ETC. No. 934 (House Bill No. 1128). An Act to amend an Act creating the Department of Public Safety, approved March 13, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 28, 1969 (Ga. L. 1969, p. 145), so as to change the compensation of the deputy director of the Department of Public Safety; 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 13, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 28, 1969 (Ga. L. 1969, p. 145), is hereby amended by striking from the first paragraph of section 5 of Article I the figure 9,400.00 and inserting in lieu thereof the figure 14,240.00, so that, when so amended, the first paragraph of section 5 of Article I shall read as follows: The Director of Public Safety of Georgia is vested with authority to appoint a deputy director of Public Safety, whose term of office shall be four years, and who shall have the rank of lieutenant colonel. It is hereby provided that the deputy director as appointed may be a member of the uniform division of the Department of Public Safety and upon such removal from such office without prejudice he shall revert to his original rank in the uniform division which he held when such appointment was made. The deputy director shall receive an annual salary of $14,240.00 per year, payable monthly, and whose appointment shall be subject to confirmation by the Department of Public Safety. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. STATE BOARD OF PARDONS AND PAROLESNOTICE TO SENTENCING JUDGE AND DISTRICT ATTORNEY PROVIDED. No. 935 (House Bill No. 1131). An Act to amend an Act creating the State Board of Pardons and Paroles, its powers and duties, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, so as to provide that in considering certain cases the Board shall notify the sentencing judge and district attorney of the county where such person was sentenced; to provide that the sentencing judge or district attorney, or both, may appear at a hearing or make a written statement to the Board expressing their views and making their recommendations as to whether such person should be paroled; 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, its powers and duties, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, is hereby amended by adding between section 14 and section 15, a new section to be numbered section 14A, to read as follows: Section 14A. Notwithstanding any other provisions of law to the contrary, if the Board is to consider any case in which the prisoner has failed to serve at least one-third of his sentence, the Board shall notify, in writing at least ten days prior to consideration, the sentencing judge and district attorney of the county where such person was sentenced. Such sentencing judge or district attorney, or both, may appear at a hearing held by the Board or make a written statement to the Board expressing their views and

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making their recommendations as to whether such person should be paroled. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. STATE BOARDS, ETC., SHALL NOTIFY LEGISLATIVE BUDGET ANALYST, ETC., OF INTENTION TO APPLY FOR FEDERAL AID. No. 936 (House Bill No. 1134). An Act to provide that any State department, board, bureau, commission, authority or other State agency intending to apply for any new program of Federal assistance under any Federal program shall notify the Legislative Budget Analyst and the State Budget Officer of the intention to apply for such Federal assistance; 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. (a) Any State department, board, bureau, commission, authority or other State agency, except the Board of Regents of the University System of Georgia and its' employees, intending to apply for any new program of Federal assistance under any Federal program shall notify the Legislative Budget Analyst and the State Budget Officer of the intention to apply for such Federal assistance at least 30 days prior to filing the application for such assistance. Such notification shall include a summary description of the proposed Federal assistance project, the amount of Federal funds to be requested, the amount of State matching funds, if any, to be required in connection with obtaining Federal assistance and the period of time to be covered by the proposed Federal assistance project. Notification.

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(b) The Legislative Budget Analyst and the State Budget Officer, acting jointly or independently, are hereby authorized and directed to devise and distribute such forms as may be necessary to carry out the provisions of subsection (a) of this Section, and in connection therewith, to adopt and promulgate such rules and regulations as may be necessary to insure compliance with the provisions of said subsection. Section 2. As soon as practicable after receiving a notification provided for in section 1 of this Act, it shall be the duty of the Legislative Budget Analyst to analyze the short-term and long-term impact the proposed Federal assistance project would have on State budgetary and fiscal matters if the application for Federal assistance were approved. Upon completion of said analysis, the Legislative Budget Analyst shall forward a copy of same to the President of the Senate, the Speaker of the House of Representatives, each member of the Appropriations Committees of the House and Senate and to any member of the General Assembly requesting a copy of said analysis. Analysis. Section 3. The State Budget Officer shall perform such duties in connection with receiving the notifications provided for in Section 1 of this Act as may be required by the Director of the Budget. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. MOTOR VEHICLESDECEASED DEPOSITOR'S SECURITY MAY BE RETURNED TO CERTAIN PERSONS. No. 939 (House Bill No. 1173). An Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, approved

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February 21, 1951 (Ga. L. 1951, p. 565), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 593), an Act approved March 31, 1965 (Ga. L. 1965, p. 456), an Act approved April 25, 1969 (Ga. L. 1969, p. 819), and an Act approved April 10, 1971 (Ga. L. 1971, p. 654), so as to change the amount of security on deposit with the Director which may be returned to the Executor or Administrator of a deceased depositor or the surviving spouse or heirs at law of the deceased depositor if there is no Executor or Administrator; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. L. 1951, p. 565), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 593), an Act approved March 31, 1965 (Ga. L. 1965, p. 456), an Act approved April 25, 1969 (Ga. L. 1969, p. 819), and an Act approved April 10, 1971 (Ga. L. 1971, p. 654), is hereby amended by striking the second paragraph of section 10 in its entirety and inserting in lieu thereof a new second paragraph of section 10, to read as follows: In any case where the depositor shall die while security is on deposit with the Director, the Director is authorized to return such security to the Executor or Administrator of the estate of the deceased depositor or if there is no Executor or Administrator and the amount on deposit is $1,000.00 or less, the Director is authorized to pay over such deposit to the surviving spouse or heirs at law of the deceased depositor. In any event, no deposit shall be returned unless and until satisfactory evidence has been filed by the person seeking such return, under the same conditions as provided in the first paragraph of this section for the filing of such evidence by the depositor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDEDCREDITABLE SERVICE IN LOCAL SYSTEM. No. 941 (House Bill No. 1183). 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 change the provisions relative to receiving creditable service for service rendered in a local system prior to membership; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking in its entirety the last unnumbered paragraph of subsection (5) of section 4 and substituting in lieu thereof a new paragraph to read as follows: Any other provision of this or any other law to the contrary notwithstanding, in order for any teacher who becomes a member of the Teachers' Retirement System on or after April 1, 1966, to receive full creditable service for service rendered in a local system prior to membership in the Teachers' Retirement System as provided for herein, either such teacher, or the local board of education for which such service was rendered, must pay, in addition to the amounts provided for herein, the employer amount which would have been paid, plus interest. The Board of Trustees shall determine this amount. Provided, however, in no case shall a member pay more than the total member and employer contributions and interest in effect at the time such service was rendered. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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MECHANICS' LIENSCERTAIN CLAIMS FOR STORAGE AUTHORIZED, ETC. Code 67-2003 Amended. No. 942 (House Bill No. 1188). An Act to amend Code section 67-2003, relating to mechanics' liens, as amended by an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 275), and an Act approved March 17, 1960 (Ga. L. 1960, p. 912), so as to provide that such liens may include certain claims for storage; to provide for notices; to change the provisions relative to the filing of such liens; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 67-2003, relating to mechanics' liens, as amended by an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 275), and an Act approved March 17, 1960 (Ga. L. 1960, p. 912), is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 67-2003, to read as follows: 67-2003. All mechanics of every sort, for work done and material furnished in manufacturing or repairing personal property, and for storage of such personal property after its manufacture or repair, which storage begins accruing after thirty days' written notice to the owner mailed to the owner by certified mail addressed to the owner at his last known address of the fact that storage is accruing, and of the daily dollar amount thereof, shall have a special lien on the same, which may be asserted by retention of such property, or the mechanic may surrender such personal property and give credit, when the same shall be enforced in accordance with the provisions of section 67-2401, and shall be superior to all liens except liens for taxes and such other liens as the mechanic may have had actual notice of before the work was done or material furnished. The maximum amount of storage that may be charged shall be $1.00 per

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day. Nothing contained herein shall allow a fee for storage to be charged on any item with a fair market value in excess of $200.00. Storage charges pursuant to this Act shall not apply to motor vehicles covered now or hereafter by the `Motor Vehicle Certificate of Title Act', nor shall said storage fee be charged if there is a bona fide dispute between the customer and the mechanic as to the manner of repair, or the charges for repair. When they surrender possession of the property to the debtor, such mechanics shall record their claims of lien, within ninety (90) days after such work is done and material furnished in the office of the clerk of the superior court of the county where the owner of such property resides, which claim shall be in substance as follows: `A. B., mechanic, claims a lien on..... (here describe the property) of C. B., for work done, material furnished and storage accruing (as the case may be) in the manufacturing,repairing and/or storing (as the case may be) the same. Code 67-2003 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. ORDINARIES RETIREMENT FUNDPROVISION MADE FOR FILLING VACANCIES. No. 943 (House Bill No. 1191). An Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, so as to provide for the filling of vacancies occurring on the Board of Commissioners of the Ordinaries Retirement Fund 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 providing for retirement benefits for

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the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, is hereby amended by inserting therein a new section, to be known as section 1A, to read as follows: Section 1A. In the event a vacancy occurs on the Board of Commissioners of the Ordinaries Retirement Fund of Georgia as a result of the death or disqualification of any member of the Board, the remaining members of the Board of Commissioners shall appoint a duly qualified and commissioned Ordinary to fill the vacancy on the Board of Commissioners. The Ordinary so appointed shall assume the duties of membership immediately upon his appointment and shall serve for the remainder of the unexpired term of the member whose seat is vacant. The provisions of this Section shall not apply to vacancies resulting from the death or disqualification of the Governor of Georgia or the Attorney General of Georgia. Vacancies. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. ORDINARIES RETIREMENT FUNDPROVISION MADE REGARDING MEMBERSHIP, ETC. No. 944 (House Bill No. 1192). An Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, so as to change the provisions relative to membership, terms of office and expenses of the Commissioners of the Ordinaries Retirement Fund of Georgia; to provide for all matters relative

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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. An Act providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. There is hereby created a Board to be known as `The Commissioners of the Ordinaries Retirement Fund of Georgia'. Said Board shall consist of six members. The Governor of Georgia, the Attorney General of Georgia and the Chairman of the Ordinaries Group of the County Officers Association of Georgia shall be ex officio members of said Board. The other three members of said Board shall be elected by the Ordinaries Group at the annual meeting of such Group. The members now serving shall continue to serve until the expiration of their present respective terms and the Ordinaries Group shall elect two members at its annual meeting in 1972, one for a term of two years and one for a term of three years, and one member at the annual meeting each year thereafter for a term of three years. The terms of all members elected from the Ordinaries Group, including the Chairman of said Group, shall begin on the first day of January following their election. The terms of the Governor of the State of Georgia and the Attorney General of the State of Georgia shall commence upon their taking their respective oaths of office and entering upon the duties thereof. The members of said Board elected from the Ordinaries Group and the Chairman of the Ordinaries Group shall serve without pay, but shall be reimbursed for their actual expenses. The Governor and the Attorney General shall be compensated as provided by law for ex officio officers. Members. 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. Approved March 27, 1972. ORDINARIES RETIREMENTAGE REDUCED FOR RETIREMENT, ETC. No. 945 (House Bill No. 1194). An Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, so as to reduce the age at which persons become eligible for 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 providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, is hereby amended by striking from section 2 the following: sixty-three (63), and inserting in lieu thereof the following: sixty (60), so that when so amended section 2 shall read as follows: Section 2. There is hereby created the office of secretary-treasurer of said Board and the secretary-treasurer shall be elected and appointed by the Board and shall serve at the pleasure of the Board. His compensation and duties may be fixed by the Board, not to exceed five thousand ($5,000.00) per annum. Notwithstanding any other provisions of this Act to the contrary, in addition to such salary as may be provided

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above, said secretary-treasurer shall receive credit for a sum of $250.00 per annum for time served after the effective date of said Act approved March 21, 1958, as dues in said retirement system for a period of a maximum of 20 years, and shall be paid retirement benefits upon retiring as such secretary-treasurer, or upon reaching the age of sixty (60) years, whichever may occur last, based on the rate of two and one-half percent of $5,000.00 for each year served as secretary-treasurer from the date of the approval of said Act on March 21, 1958, to the date of retirement up to a maximum of 20 years service, provided a minimum of four years shall have been served as secretary-treasurer, and provided further that withdrawal of such dues by such secretary-treasurer or his estate shall be subject to the provisions of Section 11 of said Act, and said secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of section 10 of said Act. Section 2. Said Act is further amended by striking from subsections (d) and (e) of section 9 the following: sixty-three (63), and inserting in lieu thereof the following: sixty (60), so that when so amended subsections (d) and (e) of section 9 shall read as follows: (d) Must have attained the age of sixty (60) years; (e) Must have filed with said Board his or her application for such retirement, on a form to be furnished by said Board, within a period of ninety (90) days, or as soon thereafter as possible, after reaching the age of sixty (60) years or termination of his or her official capacity as Ordinary, whichever may occur last in point of time, and;. Section 3. Said Act is further amended by striking from section 13, wherever the same shall appear, the following:

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sixty-three (63), and inserting in lieu thereof the following: sixty (60), so that when so amended section 13 shall read as follows: Section 13. No ordinary shall be eligible for retirement benefits provided for in this Act until he or she has reached the age of sixty (60) years. However, any other provisions of this Act to the contrary notwithstanding, any Ordinary who has met all other requirements of this Act, except that he or she has not attained the age of sixty (60) years, may sever his or her relations as a regularly qualified and commissioned Ordinary of a county of the State of Georgia, cease payments of any dues into said fund whatsoever and upon reaching the age of sixty (60) years and filling his or her application as is provided for in subsection (e) of section 9 as is enacted hereby, commence receiving the retirement benefits provided for in said Act. 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 27, 1972. ORDINARIES RETIREMENTINCREASED BENEFITS PROVIDED FOR CERTAIN SERVICES, ETC. No. 946 (House Bill No. 1196). An Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, so as to provide a method for increased benefits for Ordinaries and the

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secretary-treasurer of the Fund who have served for periods exceeding 20 years under certain circumstances; to provide for all 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. An Act providing for retirement benefits for the Ordinaries of Georgia, approved March 21, 1958 (Ga. L. 1958, p. 185), as amended, is hereby amended by striking subsection (a) of section 10 in its entirety and inserting in lieu thereof new subsections (a) and (c) of section 10, to read as follows: (a) Any such Ordinary who is approved for retirement benefits as is provided in section 9, if such Ordinary shall have served no more than four years as such, shall be paid a monthly sum equal to ten percent of his or her average monthly net earnings as may be averaged from reports of such earnings as provided for in section 7, and if such Ordinary shall have served more than said four years, two and one-half percent of his or her average monthly net earnings, as aforesaid, shall be added thereto and each such additional year up to, but not exceeding a total of 20 years, except as provided in subsection (c) of this Section, provided that no time prior to December 22, 1953, or for which dues have not been paid in accordance with Section 7 shall be considered in determining the number of years of service of any such Ordinary upon which to base retirement pay hereunder. (c) Any provision of this Act to the contrary notwithstanding, any Ordinary and any secretary-treasurer of the Fund who has served for a total of 20 years as Ordinary or secretary-treasurer, or a combination of such service, and who has contributed all dues owed to the retirement fund as provided in this Act but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this Act shall be entitled to continue to contribute dues to the retirement fund during such period of time as he shall continue to serve as an Ordinary or secretary-treasurer beyond 20 years of service. The average monthly net

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earnings of any such Ordinary or secretary-treasurer shall be added to the total monthly net earnings of such Ordinary or secretary-treasurer during the 20 year period of service. The sum of these two amounts shall then be divided by 240, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated. Benefits calculated and paid pursuant to this subsection shall not exceed $6,000.00 per annum. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. SUPERIOR COURT CLERKS MAY RECORD CERTAIN REAL PROPERTY TITLES OR MICROFILM, ETC. (185,000 - 190,000). Code 24-2714 Amended. No. 949 (House Bill No. 1217). An Act to amend Code section 24-2714, relating to the duties of the clerks of the superior court, as amended, so as to provide that in counties having a population of not less than 185,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, instruments evidencing the title to real property may be recorded or rerecorded on microfilm or other photographic process of a permanent nature, provided the proper indices and adequate equipment are maintained in addition to the necessary personnel for viewing and reproducing said records; to provide for all matters relative thereto; 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 24-2714, relating to the duties of the clerks of the superior court, as amended, is hereby amended by adding at the end of Code section 24-2714 (5) (9) the following: Any provision of this Section to the contrary notwithstanding, in any county of this State having a population of not less than 185,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, instruments evidencing the title to real property may be recorded or rerecorded on microfilm or other photographic process of a permanent nature, provided the proper indices and adequate equipment are maintained in addition to the necessary personnel for viewing and reproducing said records. Code 24-2714 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. MOTION PICTURE AND TELEVISION ADVISORY COMMITTEE CREATED. No. 950 (House Bill No. 1227). An Act to create the Motion Picture and Television Advisory Committee within the Department of Industry and Trade; to provide for the composition and appointment of the Committee; to provide for terms of office; to provide for reimbursement of necessary expenses of the members; to provide functions of the Committee; to authorize the Department of Industry and Trade to employ personnel to promote Georgia sites as locations for filming and for producing such films; to provide for the future repeal of this Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Motion Picture and Television Advisory Committee Created. There is hereby created within the Department of Industry and Trade the Motion Picture and Television Advisory Committee. The Committee shall consist of fifteen members. One member shall be appointed by the Governor from each congressional district in this State, and the remaining five members shall be appointed by the Governor from the State at-large. Said five members from the State at-large shall have some knowledge of the techniques and opportunities of motion picture and television filming and production. Initially, seven members shall be appointed for two-year terms and eight members shall be appointed for four-year terms to be designated by the Governor. Upon the expiration of such appointments, members shall be appointed for four-year terms. Vacancies on the Committee shall be filled by appointments by the Governor and shall be for the unexpired term. Section 2. Compensation. Members of the Committee shall receive no compensation for their services, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. Section 3. Functions of Committee. The Committee shall have the following functions: (a) To advise the Department of Industry and Trade on the promotion of locations in Georgia for the filming of motion pictures or television films by the motion picture industry, the television industry, and by independent film producers. (b) To advise the Department of Industry and Trade on the development of graphic presentations to the motion picture and television industries concerning the many possible sites in Georgia which are suitable for filming. Section 4. Department of Industry and Trade; Powers and Duties. The Director of the Department of Industry and Trade is hereby authorized to employ personnel who shall

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possess such training and expertise in the filming and production of motion pictures and television, as will enable them to effectively administer and accomplish the purposes of promoting locations in Georgia for filming of motion pictures or television films by the motion picture industry, the television industry, or by independent film producers. The Department shall be authorized to do all things necessary and proper to accomplish the purposes of promoting Georgia sites or locations for filming and for producing such films. Section 5. This Act shall stand repealed in its entirety on December 31, 1974. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. GUARDIANSCOMPENSATION PROVIDED FOR DELIVERY OF PROPERTY IN KIND. Code 49-223 Amended. No. 951 (House Bill No. 1384). An Act to amend Code section 49-223, relating to commissions, extra compensation and traveling expenses of guardians, so as to provide for compensation to guardians for delivery of property in kind; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-223, relating to commissions, extra compensation and traveling expenses of guardians, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 49-223, to read as follows:

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49-223. Commissions, compensation for delivery of property in kind, extra compensation, and traveling expenses.Guardians shall be allowed the same commissions for receiving and paying out the estates of their wards as are allowed to administrators. Extra compensation, compensation for delivery of property in kind, and traveling expenses shall be allowed to them upon the same principles as to administrators. Code 49-223 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. TRUSTEES, ETC., OF CERTAIN PUBLIC RETIREMENT FUNDS AUTHORIZED TO REQUIRE AGENT'S RECORDS TO SHOW CAPACITY IN WHICH SECURITIES ARE HELD. No. 952 (House Bill No. 1385). An Act to permit the trustees or other person or body entrusted with the power to invest the assets of any public retirement, pension or emeritus system or fund created or existing under the laws of Georgia, where such trustees or other person or body are empowered to employ agents to act as custodian of such assets or as investment advisors and to make investments; to authorize such agents to register securities of such retirement, pension or emeritus system or fund held by such agents in the name of a nominee of such agent, without mention of the agency relationship, but without relieving any liability for safe handling; to require that the records of such agent shall at all times clearly show the capacity in which such securities are held; to provide that such agent shall not be relieved of liability for the safe custody, control and proper distribution of any security registered in the name of a nominee; 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. The trustees or other person or body having the power to manage, invest and reinvest the assets of any retirement, pension or emeritus system or fund created under the laws of the State of Georgia may authorize any agent, including a bank or trust company, employed to act as custodian of such assets or as investment advisor and to make investments for such retirement, pension or emeritus system or fund, which has a nominee or nominees in whose name securities, including, without limitation, bonds, stocks, notes and other evidence of title to intangible personal property, held as agent may be registered, to register securities of such retirement, pension or emeritus system or fund held under the terms of such agency in the name of such nominee or nominees without mention of the agency relationship in the instrument evidencing such securities or on the books of the issuer of same; provided, (a) The records of such agent shall at all times clearly show that such securities are held in such agency capacity, together with the beneficial owner thereof; and (b) Such agent shall not be relieved of liability for the safe custody, control and proper distribution of such securities or the income therefrom by reason of the registration of same in the name of any nominee; and (c) The authorization of any such agent to register securities in the name of a nominee or nominees hereunder shall be in writing and may contain such other restrictions as the trustees or other person or body charged with the management and investment of the assets of any such retirement, pension or emeritus system or fund may deem appropriate. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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STATE PROPERTIES CONTROL CODE AMENDEDAUTHORIZED TO LICENSE CERTAIN PERSONS TO CROSS CERTAIN STATE PROPERTY, ETC. Code Chapter 91-1A Amended. No. 963 (House Bill No. 1300). An Act to amend Code Chapter 91-1A, known as the State Properties Control Code, as amended, particularly by an Act approved April 7, 1971 (Ga. L. 1971, p. 578), so as to authorize and empower the State Properties Control Commission to grant on behalf of the State of Georgia without public bid and in its sole discretion revocable license agreements to any person or legal entity doing business in the State of Georgia to cross through, over or under any of the real property of the State of Georgia under the control of the State Properties Control 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. Code Chapter 91-1A, known as the State Properties Control Code, as amended, particularly by an Act approved April 7, 1971 (Ga. L. 1971, p. 578) is hereby amended by striking Code section 91-109A.1 in its entirety and substituting in lieu thereof a new Code Section to be designated 91-109.1A. and to read as follows: 91-109.1A. Exception to Competitive Bidding Procedure Concerning Certain Revocable License Agreements; Provisions of and Consideration to be Paid for Certain Revocable License Agreements; Execution and Delivery of Certain Revocable License Agreements. Code 91-109.1A amended. (a) Notwithstanding any prior provisions of law to the contrary, and particularly notwithstanding Section 91-102A (b) and Section 91-109A of this Code, the State Properties Control Commission is hereby empowered and authorized to grant on behalf of the State of Georgia without public bid and in its sole discretion revocable license agreements

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to any person or legal entity doing business in the State of Georgia to cross through, over or under any of the real property of the State of Georgia under the control of the State Properties Control Commission. (b) Any such grant of a revocable license agreement by the State Properties Control Commission to any such person or legal entity shall contain such stipulations, provisions, covenants, agreements, terms and conditions as the State Properties Control Commission shall determine, in its sole discretion, to be in the best interest of the State of Georgia, provided that: (1) each grant of a revocable license agreement shall be for a length of time no longer than twenty-five (25) years from the date of full execution of such revocable license agreement; and (2) each grant of a revocable license agreement shall provide that regardless of any and all improvements made, expenses and harm incurred or encountered by the licensee, the same shall not confer upon the licensee any right, title, estate or other interest in the premises licensed thereby, nor shall the same confer upon the licensee a license coupled with an interest or an easement; such grant of a revocable license agreement conferring upon the licensee a mere personal privilege revocable by the State Properties Control Commission, with or without cause, at any time during the life of the said revocable license agreement, or at such other time as the State Properties Control Commission shall fix, determine and provide for therein; and (3) each grant of a revocable license agreement shall be made for an adequate consideration payable to the State of Georgia at the time of the granting of the revocable license agreement but in no case less than two hundred and fifty dollars ($250.00) for each separate parcel or tract of land across, through, over or under which a revocable license is granted; and (4) each grant of a revocable license agreement shall specify the use to be made of the premises licensed thereby,

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but such revocable license agreement shall also contain a provision permitting future expansion of the permitted use upon prior payment to the State of Georgia for each such expanded use permit of a consideration acceptable to and approved by the State Properties Control Commission, or its successors. (c) Upon determination by the State Properties Control Commission of the stipulations, provisions, covenants, agreements, terms and conditions in the best interest of the State of Georgia to be contained in a grant of a revocable license agreement, the said Commission may cause to be prepared a document granting the revocable license agreement and the Chairman and Secretary of the said Commission shall respectively execute, attest and deliver the same to the licensee to which the grant of a revocable license agreement is made upon receipt of proper payment therefor. Any grant of a revocable license shall be subject to approval by any appropriate State regulatory agency that the proposed use of the property meets all safety and regulatory requirements. (d) Such license agreement shall contain a provision that and readjustment of such licensee's facilities as a result of the State's desire or need to utilize the same shall be at the licensee's sole expense. Section 2. The provisions of this Act shall not be construed, or interpreted, as amending, conflicting with, or superseding any or all of the provisions of Code of Georgia section 104-205. Construction. 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 27, 1972.

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RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 965 (House Bill No. 1304). 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, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 560), so as to change certain provisions relative to the right to cancel home solicitation sales agreements if the services have been performed or the goods to which the contract applies have been so altered as a result of the contract as to be unsuitable for resale by the seller; to provide for 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. An Act known as the Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. L. 1967, p. 659), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 560), is hereby amended by striking subsection (g) of section 6, which reads as follows: (g) The provisions of this Section shall not apply to any contract for services if the services are performed or to goods which have been so altered as a result of the contract as to be unsuitable for resale by the seller, if such services are performed or goods altered prior to receipt of notice by the seller., in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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CORPORATIONSCERTAIN TERMINOLOGY CHANGED, ETC. Code Title 22 Amended. No. 966 (House Bill No. 1308). An Act to amend Code Title 22, relating to corporations, as amended, so as to change certain terminology, definitions and references; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 22, relating to corporations, as amended, is hereby amended by striking from the first sentence of subsection (b) of Code section 22-1410, relating to service of process on foreign corporations authorized to transact business, as amended, the following: authorized to transact business, and inserting in lieu thereof the following: doing business or having done business, so that when so amended, subsection (b) of Code section 22-1410 shall read as follows: (b) Whenever a foreign corporation doing business or having done business in this State shall fail to appoint or maintain a registered agent in this State, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Secretary of State shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with any person having charge of the corporation department of his office,

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or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice or demand. In the event any such process, notice, or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its principal office in the jurisdiction under the laws of which it is incorporated. Any service so had on the Secretary of State shall be answerable in not less than 30 days. Code 22-1401 (b) amended. Section 2. Said Title is further amended by striking from subsection (b) of Code section 22-1414, relating to withdrawal of foreign corporations, following the words vice president, the following: or, and inserting in lieu thereof the following: and attested, so that when so amended, subsection (b) of Code section 22-1414 shall read as follows: (b) The application for withdrawal shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the corporation by its president or a vice president and attested by its secretary or an assistant secretary. If the corporation is in the hands of a receiver or trustee, said application shall be executed on behalf of the corporation by such receiver or trustee. Code 22-1414 (b) amended. Section 3. Said Title is further amended by striking subsection (b) of Code section 22-1501, relating to annual reports of domestic and foreign corporations, and inserting in lieu thereof a new subsection (b) of Code section 22-1501, to read as follows: (b) Such annual report shall be made on forms prescribed by the Secretary of State, and the information

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therein contained shall be given as of the date of the execution of the report. The Secretary of State shall mail such report forms to the last known address of each corporation, however, the failure of any corporation to receive such forms shall not relieve that corporation of its responsibility to obtain appropriate forms, complete and file same with the Secretary of State. In the event a corporation has not filed a report within two previous calendar years, the Secretary of State shall not be required to mail to such corporation the required forms. It shall be executed by the corporation by its president, a vice president, secretary, an assistant secretary, treasurer or an assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation by such receiver or trustee. Code 22-1501 (b) amended. Section 4. Said Title is further amended by striking from the first sentence of subsection (b) of Code section 22-3210, relating to service of process on foreign corporations authorized to conduct affairs, as amended, the following: authorized to conduct, and inserting in lieu thereof the following: conducting or having conducted, so that when so amended, subsection (b) of Code section 22-3210 shall read as follows: (b) Whenever a foreign corporation conducting or having conducted affairs in this State shall fail to appoint or maintain a registered agent in this State, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the Secretary of State shall be an agent of such corporation upon whom any such process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him, or with

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any person having charge of the corporation department of his office, or with any other person or persons designated by the Secretary of State to receive such service, duplicate copies of such process, notice or demand. In the event any such process, notice or demand is served on the Secretary of State, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the corporation at its principal office in the jurisdiction under the laws of which it is incorporated. Any service so had on the Secretary of State shall be answerable in not less than 30 days. Code 22-3210 (b) amended. Section 5. Said title is further amended by striking subsection (b) of Code section 22-3301, relating to annual reports of domestic and foreign corporations, and inserting in lieu thereof a new subsection (b) of Code section 22-3301, to read as follows: (b) Such annual report shall be made on forms prescribed by the Secretary of State, and the information therein contained shall be given as of the date of the execution of the report. The Secretary of State shall mail such report forms to the last known address of each corporation, however, the failure of any corporation to receive such forms shall not relieve that corporation of its responsibility to obtain appropriate forms, complete and file same with the Secretary of State. In the event a corporation has not filed a report within two previous calendar years, the Secretary of State shall not be required to mail to such corporation the required forms. It shall be executed by the corporation by its president, a vice president, secretary, an assistant secretary, treasurer or an assistant treasurer, or, if the corporation is in the hands of a receiver or trustee, it shall be executed on behalf of the corporation by such receiver or trustee. Code 22-3301(b) amended. Section 6. This Act shall become effective on April 1, 1972. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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SAFETY DEPOSIT BOX OF DECEASED OR INCOMPETENT PERSONS MAY BE OPENED. ON COURT ORDER. No. 967 (House Bill No. 1319). An Act to authorize any financial institution contracting with a person for the use of a safety deposit box to permit any individual named in an order granted by a court of competent jurisdiction to open and examine the contents of any safety deposit box leased by any deceased or legally incompetent person under certain conditions; to require any such financial institution to permit the inventory of the contents of the safety deposit box of a decedent or legally incompetent person within a certain period of time; to provide that the inventory shall be retained by such financial institution and may be filed with the court of ordinary; to relieve the financial institution of liability; to authorize any financial institution to release the contents of any safety deposit box or any part thereof without liability to the personal representative under certain conditions; to provide for all 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. Any financial institution contracting with a person for the sole use of a safety deposit box, upon presentation of satisfactory proof of the death or legal incompetence of such person, shall permit any individual named in an order granted by the court of ordinary having jurisdiction of such person's estate to open and examine the contents of any safety deposit box leased by the decedent or legally incompetent person in the presence of an officer of the financial institution. The financial institution, if so requested by such person, shall deliver: Authorization. (a) Any writing purporting to be a will of the decedent to the court of ordinary having jurisdiction of the decedent's estate;

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(b) Any writing purporting to be a deed to a burial plot or to give burial instructions to the person named in such order; (c) Any document purporting to be an insurance policy on the life of the decedent to the beneficiary named therein; but no other contents shall be removed pursuant to this section. Section 2. The financial institution shall permit the person named in such order to inventory the contents of any safety deposit box leased or rented to the decedent or legally incompetent person within five (5) banking days after the order of the court is presented to the financial institution. The inventory shall be conducted in the presence of an officer or employee of the financial institution by the person named in such order. The inventory shall be signed by such persons, and a copy thereof shall be retained by the financial institution and may be filed with the court of ordinary. Inventory. Section 3. The order of the court of ordinary shall operate as a complete acquittance and discharge to the financial institution from all liability with respect to any action, suit, claim or demand of whatever nature asserted by any heir, legatee, distributee, creditor, administrator, executor, guardian, trustee or other fiduciary or by any other person whomsoever. Operation of order. Section 4. Upon presentation of a certified copy of his letters of authority, the financial institution shall grant the personal representative access to any safety deposit box in the sole name of a decedent or legally incompetent person and to permit him to remove from such box any part or all of the contents thereof without liability. Removal of box content. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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GEORGIA RADIO UTILITY ACT. No. 973 (House Bill No. 1355). An Act to repeal an Act entitled 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., approved February 26, 1970 (Ga. L. 1970, p. 104); 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 utility corporations, companies, or persons, firms or associations owning, leasing, managing or operating a radio utility 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. An Act entitled 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., is hereby repealed in its entirety. Section 2. This Act shall be known, and may be cited, as the Georgia Radio Utility Act.

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Section 3 . The following words, when used in this Act, shall have the following meanings, unless otherwise clearly apparent from the context: Definitions. (a) Commission shall mean the Georgia Public Service Commission; (b) Person shall include any individual, partnerships, corporations, companies, associations, administrators, executors, and trustees and receivers appointed by any court whatsoever; (c) Radio Utility shall mean any person or organization which owns, controls, operates or manages a radio utility system; except that such definition shall not include a telephone utility or telegraph utility regulated by the Commission; and (d) Radio Utility System shall mean any facility within the State providing a radio service on a for-hire basis to members of the public who subscribe to such service, whether or not such facility is interconnected with the public land-line telephone exchange network. As used herein, the words radio service shall mean any radio service that may be authorized under the Domestic Public Land Mobile Radio Service or Rural Radio Service Rules of the Federal Communications Commission on frequencies allocated to those services; (e) 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 utility in providing service to its subscribers. Section 4 . No person shall begin, or continue, the construction or operation of any radio utility system, or any geographical 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,

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geographical extension or acquisition. The Commission is hereby authorized to prescribe appropriate and reasonable rules and regulations governing the issuance of such certificates, and is authorized to prescribe the appropriate form of applications for such certificates. Certificate requirement. Section 5 . (a) Upon the filing of an application for such certificate, the Commission shall fix the time and place for a hearing thereon and shall cause notice thereof to be given to such parties in interest as the Commission may deem necessary. The Commission shall also cause notice of the application to be published once at least fourteen days prior to the hearing in some newspaper of general circulation in the affected territory. Hearing. (b) After such hearing, the Commission may issue to the applicant a certificate of public convenience and necessity in a form to be prescribed by it or may refuse to issue the same or may issue it for only partial exercise of the privilege sought, or may attach to the exercise of the right granted by the certificate such terms, limitations and conditions which it deems the public interest may require. The certificate shall include a copy of a service area map clearly showing the territory in which the radio utility system is to be constructed, extended, operated or acquired. (c) In determining whether a certificate shall be issued, the Commission shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the applicant, the financial responsibility of the applicant, and the ability of the applicant to perform efficiently the service for which authority is requested. Section 6 . Any person who, at the effective date of this Act, is the holder of a valid Certificate of Public Convenience and Necessity issued by the Georgia Public Service Commission pursuant to the provisions of the Georgia Radio Common Carrier Act (Ga. L. 1970, p. 104) shall not be required to seek and obtain a Certificate of Public Convenience and Necessity under the provisions of this Act for

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the continuance of the construction or operation of the radio utility system previously certificated. Any such Certificate of Public Convenience and Necessity issued by the Georgia Public Service Commission pursuant to the provisions of the said Georgia Radio Common Carrier Act shall have the same force and effect and shall be subject to the same terms and conditions as if issued pursuant to the provisions of this Act. Prior certificates. Section 7 . No such certificate of public convenience and necessity may be transferred, assigned or encumbered unless such transaction is first approved by the Commission. Non-assignable. Section 8 . No radio utility shall combine, merge or consolidate with, or acquire control of, another organization without first obtaining the approval of the Commission, which shall be granted only after hearing and finding that such proposed combination, merger, consolidation or acquisition is in the public interest. Mergers controlled. Section 9 . For any alleged or apparent violation by a radio utility of any provision of this Act or the orders or rules and regulations of the Commission made under the authority of this Act, the Commission shall, upon the complaint of any person or upon its own motion, issue its rule nisi or order to show cause against the radio utility, reciting the matter involved and fixing the time, date and place on which a hearing will be had. If, after such hearing, the Commission shall determine that the radio utility is in violation as aforesaid, the Commission shall order the radio utility to bring itself into compliance with the provisions of this Act and the orders and the rules and regulations of the Commission within ninety (90) days from the date of the said order. If the radio utility shall fail or neglect to comply at or prior to the expiration of the ninety (90) day period, the Commission may, in its sound discretion, order the revocation, suspension or alteration of the Certificate of Public Convenience and Necessity held by the said radio utility. Violations. Section 10 . (a) The Commission shall have the power

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and jurisdiction to supervise and regulate every radio utility operating within this State and its property, property rights, equipment, facilities, contracts, certificates and franchises so as may be necessary to carry out the purposes of this Act, and to do all things, whether herein specifically designated or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction. Without limiting the generality of the foregoing, the Commission is authorized to adopt and enforce such reasonable rules and regulations and orders as it may deem necessary with respect to rates, charges and classifications, issuance of certificates, territory of operation, abandonment or suspension of service, adequacy of service, prevention or elimination of unjust discrimination between subscribers, financial responsibility, records, reports, safety of operation and equipment, and to otherwise accomplish the purposes of this Act and to implement its provisions. Powers. (b) The Commission may, after affording an opportunity for hearing, order a radio utility to make any reasonable repair or improvement of or addition to such system. (c) The Commission may from time to time visit the places of business and other premises and may examine the records and facilities of all radio utilities to ascertain if all rules and regulations and orders of the Commission have been complied with, and shall have the power to examine all officers, agents and employees of such radio utilities, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering the provisions of this Act. (d) The Commission shall have the power and authority to institute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce the provisions of this Act or of the rules, regulations and orders adopted thereunder, or to otherwise accomplish the purposes of this Act. (e) The Commission shall have the right to institute, or to intervene as a party in, any action in any court of

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competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with any provision of this Act or of any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith. Section 11 . The Commission shall prescribe just and reasonable rates, charges and classifications for the services rendered by a radio utility to subscribers, and the tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the Commission may prescribe, and shall be subject to change on such notice and in such manner as the Commission may prescribe. Rates. Section 12 . The Commission shall not grant a certificate for a proposed radio utility operation, or an extension of an existing service area, into an established service area, which will be in competition with, or duplication of the service of, any other radio utility unless the Commission shall first determine that the existing certificated radio utility is both (1) unwilling or unable to meet the reasonable needs of the public, and (2) that the person operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service. Limitations. Section 13 . The provisions of this Act relate only to radio utilities as defined herein and are not applicable to the mobile radio telephone service offered by land line telephone or telegraph utilities regulated by the Commission. Exemption. Section 14 . Each radio utility holding a certificate from the Commission may interconnect its facilities with the communication facilities of any other regulated communication company operating in the area in which the radio utility is located, provided an agreement can be reached between the radio utility and the communication company providing for such interconnection; provided further, that when an agreement cannot be reached between the radio utility and the communication company, either may petition the Commission for the right of interconnection and such

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interconnection shall be ordered by the Commission on such reasonable terms as shall be set by the Commission. Interconnections. Section 15 . Any radio utility operating a radio system under authority of a Certificate of Public Convenience and Necessity issued by the Commission shall, where necessary and upon making due compensation, have the right to construct, maintain and operate antennae and towers, for the purpose of broadcasting and receiving radio signals, upon any private lands or property; Provided, that the antenna equipment be so erected, placed and maintained as not to obstruct or interfere with the ordinary use of such land or property with the convenience and approval of any land or property owner or owners. Antennae equipment. Section 16 . Within thirty days after the service of an order or decision reflecting any action of the Commission which is ripe for judicial review, any party aggrieved thereby may appeal to a court of competent jurisdiction for the purpose of having the reasonableness or lawfulness of such action inquired into and determined. Such appeal shall be tried according to the rules governing other civil cases to the extent practicable. Appeals. Section 17 . Any person or the officer, agent or employee of any organization who willfully violates any provision of this Act or of any rule, regulation or order adopted thereunder, or who willfully procures, aids or abets any violation of such a provision, shall be guilty of a misdemeanor; Provided further, that any person who offers radio utility service to the public 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 suit of a radio utility which competes with it, or of any person. Penalty. Section 18 . If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Act or the application of the provision to other circumstances, shall not be affected thereby. Severability.

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Section 19 . This Act shall become effective immediately upon its passage and approval by the Governor or its otherwise becoming law. Effective date. Section 20 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. CRIMESINCOME TAX RETURNSUNLAWFUL TO DISCLOSE INFORMATION OBTAINED IN PREPARING. No. 975 (House Bill No. 1366). An Act to provide that it shall be unlawful to disclose any information relative to the preparation of federal or state income tax returns; to provide for exceptions; to provide for a penalty; 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 . It shall be unlawful for any person, including an individual, firm, corporation, association, partnership, joint venture, or any employee or agent thereof, to disclose any information obtained in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns, unless such disclosure is within any of the following: Crime. (a) Consented to in writing by the taxpayer in a separate document. (b) Expressly authorized by state or federal law. (c) Necessary to the preparation of the return. (d) Pursuant to court order. (e) Transmitting to a computer center for preparation.

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Section 2 . For the purposes of this Act, a person is engaged in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns if he does either of the following: Business of preparing returns defined. (a) Advertises, or gives publicity to the effect that he prepares or assists others in the preparation of state or federal income tax returns. (b) Prepares or assists others in the preparation of state or federal income tax returns for compensation. Section 3 . Contacting a taxpayer to obtain his written consent to disclosure does not constitute a violation of this Act. Written consent. Section 4 . 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. Penalty. 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 27, 1972. WILLSGUARDIANSTRUSTSCERTAIN BANKS RELIEVED FROM GIVING FIDUCIARY BONDS UNLESS INSTRUMENT REQUIRES, ETC. Code Titles 113, 49, and 108 Amended. No. 978 (House Bill No. 1376). An Act to amend an Act relieving certain national banking associations, State banks and trust companies from furnishing security or sureties on bonds executed as

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administrators, executors or guardians unless the instrument under which it qualifies provides that it shall give bond, approved April 10, 1971 (Ga. L. 1971, p. 633), so as to relieve certain financial institutions from furnishing security or sureties on bonds executed as trustees unless the instrument under which it qualifies provides that it shall give bond; to change the method of computing the capital structure of such financial organizations; to provide for the cancellation of bonds; to provide for the continuation of existing bonds until the next renewal thereof; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relieving certain national banking associations, State banks and trust companies from furnishing security or sureties on bonds executed as administrators, executors or guardians unless the instrument under which it qualifies provides that it shall give bond, approved April 10, 1971 (Ga. L. 1971, p. 633), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. Any other provision of Title 113, Wills, Descent, and Administration of Estates, or of Title 49, Guardian and Ward, or of Title 108, Trusts, notwithstanding, a natinal banking association organized under the laws of the United States, or a bank or trust company organized under the laws of Georgia, which has qualified or may hereafter qualify as administrator of the estate of a decedent, or as executor of any will probated in this State, or as guardian of the property of any person, or as trustee of any trust created under or governed by the laws of this State, shall not be required to give bond for the faithful performance of its duties in any such fiduciary capacity, unless the combined capital, surplus and undivided profits of the national bank, State bank or trust company shall be less than $400,000 (as reflected in the last statement filed by the national bank, State bank or trust company

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with the Comptroller of the Currency of the United States or the Superintendent of Banks of Georgia), or unless the instrument under which it has qualified or may hereafter qualify expressly provides that it shall give bond; provided, however, that a bond given prior to the effective date of this Act shall continue in effect until the renewal date coinciding with or next following the effective date of this Act, whereupon such bond, if the requirement for giving bond by the fiduciary is otherwise relieved hereunder, shall be automatically cancelled and of no further force or effect. Nothing contained within this Act shall be construed so as to affect the liability of any surety for waste or other misconduct by a fiduciary which occurred before a bond is deemed cancelled by this Act. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. WILLSCOMMISSIONS FOR DELIVERY IN KIND DISCRETIONARY WITH ORDINARY. Code 113-2004 Amended. No. 979 (House Bill No. 1377). An Act to amend Code section 113-2004, relating to compensation allowable to administrators and executors for the delivery of property in kind, as amended by an Act approved March 22, 1941 (Ga. L. 1941, p. 299), so as to provide that commissions shall be allowed to administrators and executors for delivering over any property in kind in the discretion of the ordinary; 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 113-2004, relating to compensation allowable to administrators and executors for the delivery of property in kind, as amended by an Act approved March 22, 1941 (Ga. L. 1941, p. 299), is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 113-2004, to read as follows: 113-2004. Commissions for delivering property in kind.Commissions may be allowed to any administrator or executor for delivering over any property in kind. The ordinary, in his discretion, may allow reasonable compensation for such service, not exceeding three percent on the appraised value, and in cases where there has been no appraisement, not over three percent of the fair value as found by the ordinary, and such allowances shall be made irrespective of whether delivery over in kind be made pursuant to proceedings for that purpose in the court of ordinary and irrespective of whether such property, except money, be tangible or intangible, personal or real. If, however, land is worked by any trustee for the benefit of the parties in interest, the ordinary may, in his discretion, allow to such trustee additional compensation for such services, in no case exceeding ten percent of the annual income of the property so managed. Code 113-2004 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. EXECUTORS AND TRUSTEESINVESTMENTS AUTHORIZED, ETC. No. 980 (House Bill No. 1378). An Act to authorize executors and trustees to acquire, invest, reinvest, exchange, retain, sell and manage property

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for the benefit of another in a fiduciary capacity; to provide that such fiduciaries shall exercise the judgment and care which men of prudence, discretion and intelligence exercise in the management of their own affairs; to authorize fiduciaries to acquire every kind of property, real, personal or mixed, and every kind of investment which men of prudence, discretion and intelligence acquire or retain for their own account; to provide for the construction of this Act; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All executors and trustees, unless otherwise provided by the instrument establishing the fiduciary relationship, or unless by any such instrument another mode of investment is prescribed, may, in addition to other methods of investment authorized by law, invest all funds held in trust or for investment as hereinafter provided. Investment authorized. Section 2. In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, such executor or trustee shall exercise the judgment and care under the circumstances then prevailing, 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 probable safety of their capital. Within the limitations of the foregoing standard, such executor or trustee is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, which men of prudence, discretion and intelligence acquire or retain for their own account, and within the limitations of the foregoing standard, such executor or trustee may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. Standard.

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Section 3. Nothing contained in this Act shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the fiduciary's duties and powers. Intent. Section 4. Nothing contained in this Act shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement, or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale or management of fiduciary property. Court allowed deviation. Section 5. The provisions of this Act shall be applicable only to executors and trustees acting under instruments made after the effective date of this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. The provisions of this Act shall become effective July 1, 1972. Effective date. Approved March 27, 1972. WILLSAUTHORIZATION OF DEVISEE, ETC., TO RENOUNCE PROVISION MADE IN WILL, ETC. Code Chapter 113-8 Amended. No. 981 (House Bill No. 1382). An Act to amend Code Chapter 113-8, relating to devises and legacies, as amended, so as to permit a person (or his personal representative) who is an heir, devisee, person succeeding to a renounced interest, beneficiary under a testamentary instrument or person designated to take pursuant to a power of appointment exercised by a testamentary instrument, to renounce in whole or in part

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the succession to any property or interest therein; 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 113-8, relating to devises and legacies, as amended, is hereby amended by adding at the end thereof a new Code section, to be designated Code section 113-824, to read as follows: 113-824. Renunciation of succession.(a) A person (or his personal representative) who is an heir, devisee, person succeeding to a renounced interest, beneficiary under a testamentary instrument or person designated to take pursuant to a power of appointment exercised by a testamentary instrument may renounce in whole or in part the succession to any property or interest therein by filing a written instrument within the time and at the place hereinafter provided. The instrument shall (1) describe the property or part thereof or interest therein renounced, (2) be signed by the person renouncing and (3) declare the renunciation and the extent thereof. Code 113-824 enacted. (b) The writing specified in (a) must be filed within six (6) months after the death of the decedent or the donee of the power, or if the taker of the property is not then finally ascertained not later than six (6) months after the event by which the taker or the interest is finally ascertained. The writing must be filed in the court of the county where proceedings concerning the decedent's estate are pending, or where they would be pending if commenced. A copy of the writing also shall be mailed to the personal representative of the decedent. (c) Unless the decedent or donee of the power has otherwise indicated by his will, the interest renounced, and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest renounced, passes as if the person renouncing had predeceased the decedent, or if the person renouncing is one designated to take pursuant to a power of appointment exercised by a

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testamentary instrument, as if the person renouncing had predeceased the donee of the power. In every case the renunciation relates back for all purposes to the date of death of the decedent or the donee, as the case may be. (d) Any (1) assignment, conveyance, encumbrance, pledge or transfer of property therein or any contract therefor, (2) written waiver of the right to renounce or any acceptance of property by an heir, devisee, person succeeding to a renounced interest, beneficiary or person designated to take pursuant to a power of appointment exercised by testamentary instrument, or (3) sale or other disposition of property pursuant to judicial process, made before the expiration of the period in which he is permitted to renounce, bars the right to renounce as to the property. (e) The right to renounce granted by this section exists irrespective of any limitation on the interest of the person renouncing in the nature of a spendthrift provision or similar restriction. (f) This section does not abridge the right of any person to assign, convey, release, or renounce any property arising under any other section of this Code or other statute. (g) Any interest in property which exists on the effective date of this section, but which has not then become indefeasibly fixed both in quality and quantity, or the taker of which has not then become finally ascertained, may be renounced after the effective date of this section as provided herein. An interest which has arisen prior to the effective date of this section in any person other than the person renouncing is not destroyed or diminished by any action of the person renouncing taken under this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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WILLSTIME REDUCED FOR ADMINISTRATOR TO ASCERTAIN ESTATE'S CONDITION. Code Title 113 Amended. No. 982 (House Bill No. 1383). An Act to amend Code Title 113, relating to wills, descent, and administration of estates, as amended, so as to reduce the time within which an administrator shall ascertain the condition of the estate; to change the time within which creditors are required to present their claims or lose certain rights; to allow a distributee or legatee, after the expiration of six months from the grant of administration, to cite the administrator to appear before the ordinary for a settlement of his accounts; to give the ordinary discretionary authority to extend the time within which the administrator shall settle the estate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 113, relating to wills, descent, and administration of estates, as amended, is hereby amended by striking Code section 113-1505 in its entirety and inserting in lieu thereof a new Code section 113-1505, to read as follows: 113-1505. Notice to creditors to render accounts. Effect of failure to file claims in time.Every administrator shall give four weeks notice by advertisement in the official newspaper of the county, and the administrator shall publish such notices four weeks within 60 days from date of qualification as administrator, for creditors of the estate to render an account of their demand. The administrator shall be allowed six months from the date of his qualification, to ascertain the condition of the estate. Creditors failing to give notice within three months from the date of publication of last notice lose all rights to an equal participation with creditors of equal dignity to whom distribution is made before notice of such claims is brought to the administrator; nor can they hold the administrator liable for a misappropriation

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of the funds; if, however, there are assets in the hands of the administrator sufficient to pay such debts, and no claims of higher dignity are unpaid, the assets shall be thus appropriated notwithstanding failure to give notice. Code 113-1505 amended. Section 2. Said Code Title is further amended by striking Code section 113-2201 in its entirety and inserting in lieu thereof a new Code section 113-2201, to read as follows: 113-2201. Settlement before the ordinary; citation of administrator and distributees.Any person interested as distributee or legatee may, after the expiration of six months from the grant of administration, cite the administrator to appear before the ordinary for a settlement of his accounts, or, if the administrator chooses, he may cite all of the distributees to be present at the settlement of his accounts by the ordinary. Such settlement shall be conclusive upon the administrator and upon all the distributees who are present at the hearing. The ordinary may, in his discretion, give the administrator additional time to settle said estate. Code 113-2201 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. CERTAIN VETERANS EXEMPT FROM PROFESSIONAL LICENSE TAXES, ETC. No. 983 (House Bill No. 1399). An Act to amend an Act relating to the issuance of certificates of exemption from the payment of professional and semi-professional license taxes to certain disabled peacetime veterans, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 431), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 348), so as to provide that any disabled veteran of any way or Armed

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Conflict in which any branch of the Armed Forces of the United States engaged, whether under United States command or otherwise, shall be eligible for a certificate of exemption; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the issuance of certificates of exemption from the payment of professional and semi-professional license taxes to certain disabled veterans, blind persons and disabled peacetime veterans, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 431), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 348), is hereby amended by striking subsection (a) of section 2 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) Any disabled 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. REVENUEGEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCERTAIN VEHICLES PURCHASED BY CERTAIN HANDICAPPED VETERANS EXEMPT. No. 984 (House Bill No. 1401). 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 from the taxes imposed by said Act the sale of the vehicle to a service-connected handicapped veteran

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for which he received a grant from the Veterans Administration to purchase and specially adapt to his handicap; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the 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 the following: The sale of the vehicle to a service-connected handicapped veteran for which he received a grant from the Veterans Administration to purchase and specially adapt to his handicap. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. SUPREME COURT, COURT OF APPEALSCOURT REPORTER'S DUTIES. Code 24-4203 Amended. No. 990 (House Bill No. 1412). An Act to amend section 24-4203 of Chapter 24-42 of Title 24 of the Code of Georgia of 1933, entitled Reporter, relating to the duties of the Reporter of the Supreme Court and of the Court of Appeals; to impose the duty upon the Reporter to publish the decisions of the Supreme Court and of the Court of Appeals in accordance with

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Chapter 90-2 of the Code of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 24-4203 of Chapter 24-42 of Title 24 of the Code of Georgia of 1933 which section relates to the duties of the Reporter of the Supreme Court and of the Court of Appeals is hereby amended by striking from subsection 2 of section 24-4203 the following language: 2. To publish the decision of the Court in such form that all the decisions made during one term should be published in one volume, unless it shall become necessary to add any part of the decisions of the succeeding term to make a volume of proper size; the Reporter is authorized to publish the reports as rapidly as may be practicable after the delivery of the decisions by the Justices. and substituting in lieu thereof the following language: 2. To publish the decisions of the Supreme Court and of the Court of Appeals in accordance with Chapter 90-2 of the Code of Georgia. so that when amended, section 24-4203 of Chapter 24-42 of Title 24 of the Code of Georgia of 1933 will read as follows: 24-4203. To attend Court and publish decisions. It is the Reporters duty 1. To attend all sessions of the Supreme Court by himself or his assistant. Code 24-4203 amended. 2. To publish the decisions of the Supreme Court and of the Court of Appeals in accordance with Chapter 90-2 of the Code of Georgia. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise 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. Approved March 27, 1972. REPORTS OF THE SUPREME COURT AND COURT OF APPEALS, ETC. Code Title 90-2 Enacted. No. 991 (House Bill No. 1413). An Act to amend Title 90 of the Code of Georgia of 1933, to strike in its entirety Chapter 90-2 of Title 90 of the Code of Georgia of 1933 entitled Reports of the Supreme Court and Court of Appeals; to substitute in lieu thereof a new Chapter to be Chapter 90-2 of Title 90 of the Code of Georgia of 1933 which new Chapter shall be entitled Reports of the Supreme Court and the Court of Appeals; to redefine Reporter, Reports and Publisher; to provide for the preparation, advertisement, award and renewal of a contract for the publication of the reports; to require a bond of the person to whom the contract is awarded; to designate the State Publisher; to provide for the uniformity of the reports; to impose the duty of supervising the publication of the reports upon the Reporter; to impose the duty of timely and proper publication on the State Publisher; to establish a panel to determine if the State Publisher has been derelict in his duty; to allow the State Publisher to utilize the most efficient and advantageous means of producing the reports; to establish a method by which the Reporter can be aware of the number of volumes of reports required by the State; to provide for delivery of reports to the State Librarian; to require the State Publisher to maintain sufficient quantities of reports for sale to the citizens of the State; to provide for the payment for the reports and the source of the payment; to provide for a copyright of the reports; to require the Publisher to maintain the means of reproducing

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reports; to establish the Reporter as the individual in the State with whom the Publisher deals; to provide for the transfer of old reports and means of reproduction from the State Publisher to his successor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 90 of the Code of Georgia of 1933 is hereby amended by striking in its entirety Chapter 90-2 of Title 90 of the Code of Georgia of 1933, entitled Reports of the Supreme Court and the Court of Appeals, relating to the preparation and publication of the reports of the Supreme Court and the Court of Appeals and substituting in lieu thereof a new Chapter 90-2 of Title 90 of the Code of Georgia of 1933, which new Chapter shall be entitled Reports of the Supreme Court and the Court of Appeals, and relate to the preparation and publication of the reports of the Supreme Court and the Court of Appeals which shall read as follows: Code chapter 90-2 enacted. Section 1. 90-201. Terms defined. For the purpose of this Chapter the following words as used herein shall be construed to have the following meanings: a. Reporter shall mean the Reporter of the Supreme Court and Court of Appeals whose duties are set forth in Ga. Code Chap. 24-42. b. Reports shall mean the official reports of the decisions of the Supreme Court or of the Court of Appeals as the case may be together with the usual title pages, indexes, etc. c. Publisher shall mean the State Publisher of Court Reports who has been awarded the contract as defined in this law. 90-202. Contract; duty of Reporter to prepare. The Reporter, acting upon the advice of the Governor, shall prepare a contract to be awarded every four years or as the occasion may require which contract is renewable annually during those four years and provides for the publication of the

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State reports. This contract shall be on file for public inspection in the office of the Supervisor of Purchases. 90-203. Same; advertisement for bids; award of contract; rejection of bids. a. Every four years the Reporter shall present the contract provided for in Section 90-202 to the office of Supervisor of Purchases for purposes of advertising for and accepting bids under the contract according to the established procedures of that office. After the deadline for the acceptance of bids, all bids submitted shall be turned over to the Reporter by the Supervisor of Purchases. b. The Reporter with the approval of the Governor shall contract with the lowest bidder who, to the satisfaction of the Governor and Reporter, is capable of full and adequate performance under the contract and complies with the terms and provisions of this law. c. The Reporter has the right to reject any and all bids. In the event all bids are rejected, the Reporter shall again advertise for bidders and follow the procedures as set forth in Section 90-203. 90-204. Bond given by Contractor. The person to whom the contract is awarded shall give bond with adequate and satisfactory security in the sum of not less than $25,000.00 to be payable to the Governor and his successors in office, to be conditioned that the contractor will promptly and faithfully perform his duties under the contract and carry out all provisions of law so far as they relate to the duties arising from said contract. Said bond is subject to the approval of the Attorney General. 90-205. State Publisher of Reports; renewal of contract; Publisher may succeed self. a. The person to whom the contract is awarded shall become and be known as the State Publisher of Court Reports when his bond is approved by the Attorney General.

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b. The contract awarded to the Publisher must be renewed each year during his four year term. At the end of the four years, the Reporter shall prepare a contract as set forth in section 90-202 and follow the procedures set forth in section 90-203. c. The State Publisher can succeed himself as long as his bid on the contract is accepted by the Reporter with the approval of the Governor. 90-206. Reports; content and appearance; number of volumes per year. a. The reports shall contain the decisions rendered in all cases presented to the Supreme Court of Georgia and the Court of Appeals of Georgia and an index of all cases reported. No report shall contain any argument or brief of counsel, beyond a statement of the major points and authorities. b. The Reporter has the duty to ascertain that the reports are uniform in size and appearance. Whenever it becomes necessary, due to a variance in the number of decisions rendered, the Reporter, in order to maintain the desired uniformity, may provide for the production of more than one volume from either Court in any one year or may consolidate decisions of either Court from two different years into one volume, but in no case shall the decisions of the Supreme Court be combined in one volume with the decisions of the Court of Appeals. 90-207. Reporter; supervision of printing and binding; failure to publish. a. The Reporter shall furnish to the Publisher the manuscript of the decisions, read the proof and correct the same, and furnish for each volume an index of the cases reported. b. If the Reporter shall fail to publish the volumes of reports within six months of the time of the delivery to him of the last of the decisions to be included in a particular

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volume, he shall be subject to immediate dismissal unless good cause for such delay is shown to the satisfaction of a panel composed of three Justices of the Supreme Court appointed by the Chief Justice and two Judges of the Court of Appeals appointed by the Chief Judge. 90-208. Publisher; duty to print; delay; hearing. a. It shall be the duty of the Publisher to print and bind the reports promptly within the prescribed time limit as set out in the contract. b. Should there be a delay in such printing or binding beyond the time set out in the contract, the Reporter shall, upon notice to the Publisher, declare said contract breached and the Publisher shall become liable to the State for a sum to be assessed by the Reporter not exceeding $1,000.00 per week for each week that said delay continues. If the delay shall be flagrant or continued more than sixty days the Reporter may declare the contract ended. The bond given by the Publisher shall be liable for any sum so assessed. c. The Reporter, prior to declaring the contract breached shall seek the advice of a panel composed of the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, the Attorney General, Executive Counsel and Legislative Counsel. The Publisher shall have an opportunity to appear before this panel to explain the reasons for delay and to avoid liability for any sum which might be assessed against him. The panel can decide to provide the Publisher an extended time in which to produce the reports or it may declare the Publisher liable for a sum assessed by the Reporter. The decision of the panel is final. 90-209. Reports; method of publication; improper work; hearing. a. The Publisher with the approval of the Reporter may choose the most efficient and advantageous method of producing the reports so long as the style and quality of the reports are not compromised by any change in the method of printing and binding the reports.

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b. Should the work of printing and binding the reports or any part of them be improperly done, it shall be the duty of the Reporter to so advise the Publisher by written notice of the deficiencies in the reports. The Publisher shall have sixty days to make the necessary corrections. In the event the Publisher fails to cure the deficiencies, the Reporter may declare said contract breached and ended and assess the Publisher for any damages the State may realize for the breach. The bond given by the Publisher shall be liable for any sum so assessed. c. The Reporter may, and must if so requested in writing by the Publisher, seek the advice of a panel composed of the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, the Attorney General, Executive Counsel, and Legislative Counsel regarding the quality of the reports. The Publisher and the Reporter shall be allowed to appear before said panel and present any material relevant to the quality of the reports. The decision of the panel is final. 90-210. Librarian; number of volumes required; method of ordering reports; keeping Reporter informed. a. The State Librarian, upon the effective date of this law, shall furnish the Reporter a written memorandum indicating the number of volumes of each new report which will be required by the State for purposes of distribution and exchange as set forth in sections 101-205 and 101-218 of the Code of Georgia. b. The State Librarian shall place all orders for State reports with the Reporter who shall in turn forward such order to the Publisher. At any time the State Librarian orders a full set of reports for purposes of distribution and exchange as authorized by law, the Reporter shall accordingly revise the number of reports required by the State for such purposes. c. If at anytime the State Librarian eliminates a particular distribution or exchange point, he shall notify the Reporter of this fact in writing, and the Reporter shall adjust his orders for new reports accordingly.

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90-211. Reports; order; production; delivery. a. The Reporter shall order in writing from the Publisher the number of volumes of each report required by the State when he delivers the manuscript to the Publisher. b. The Publisher shall produce such number of reports as is ordered by the Reporter and upon completion of printing and binding shall deliver the reports to the State Librarian. 90-212. Same; production for sale to State and citizens; failure to maintain supply; hearing. a. In addition to the reports to be furnished to the State as previously provided, the Publisher shall produce a sufficient number for sale to the citizens of the State. The Publisher shall at all times during his contract keep on hand in the capital city of the State an adequate supply of the reports for sale to the citizens of the State and to the State when it so requires. b. In the event the Publisher does not have in stock any report that is needed by the State or any citizen of the State, the Reporter shall, upon notice to the Publisher, declare said contract breached and the Publisher shall become liable to the State for a sum to be assessed by the Reporter payable to the State for each week that the report is not available, but in no event, shall the total of the sum assessed by the Reporter exceed the amount of the Publisher's bond. In the event of undue delay, the Reporter may declare the contract ended. The bond given by the Publisher shall be liable for any sum assessed. c. The Reporter, prior to declaring the contract breached, shall seek the advice of a panel composed of the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, the Attorney General, Executive Counsel, and Legislative Counsel. The Publisher shall have an opportunity to appear before this panel to explain the reason for his failure to have in stock a particular volume and to avoid

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liability for any sum which may be assessed against him. The panel can decide to provide the Publisher an extended period of time to produce the required volumes of reports, or it may declare the Publisher liable for a sum assessed by the Reporter, and if the Reporter has so requested, it may declare the contract with the Publisher ended. In any case, the decision of the panel is final. 90-213. Same; payment; appropriations; price. a. Upon delivery of the volumes of each report to the proper recipient, the Publisher shall present to the Reporter an itemized statement of charges for which the State is liable. If the statement appears erroneous to the Reporter, he shall contact the Publisher in an effort to correct the errors. In the event no agreement can be reached, the Attorney General shall act as arbiter between the Reporter and the Publisher. b. If the Reporter is satisfied as to the correctness of the statement of charges, he shall pay the Publisher accordingly. Such payment shall be made from funds appropriated to the Courts by the General Assembly for the publication and distribution of the Reports of the Supreme Court and the Court of Appeals. This particular appropriation is to be administered by the Reporter. c. The price at which the reports shall be furnished to the State and to the ctitizens of the State shall not exceed the price as set forth in the contract. 90-214. Same; copyright. The reports shall be copyrighted and the copyright belong to the State. 90-215. Same; means of reproduction. During the term of his contract, the Publisher will maintain the means to reproduce any volume at a time subsequent to the printing of that volume. 90-216. Publisher deals only with Reporter. In all matters pertaining to the publication of the reports, the Publisher will act only upon the direction of the Reporter.

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90-217. Publisher; sale of old reports; sale of means of reproduction. a. Upon the expiration of his contract, the Publisher in the event he does not become his own successor may sell to his successor all unsold copies of the reports, provided he and his successor can agree upon satisfactory terms therefor, but if no satisfactory trade is made with his successor the Publisher may hold said unsold copies for the purpose of sale; the price of any such unsold copies shall remain the same as fixed by the contract under which said unsold copies shall have been published. b. Upon the expiration of his contract, the Publisher in the event he does not become his own successor, will provide to his successor the means by which to reproduce prior volumes. In the event there is a failure to reach an agreement on the price of these means of reproduction, the Reporter, shall determine the price to be paid by the new Publisher to the old Publisher for the means of reproduction of previous volumes. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. 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 27, 1972.

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LIENSBOND PROVISIONS OF SECTION CHANGED. Code 67-2004 Amended. No. 992 (House Bill No. 1414). An Act to amend Code section 67-2004, relating to discharge of lien by filing bond, so as to change the bond provisions of said section; to provide for additional requirements with respect to property bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 67-2004, relating to discharge of lien by filing bond, is hereby amended by adding at the end thereof the following: With respect to property bonds, the clerk may not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of such property and the title thereto, including any liens and encumbrances and amounts thereof, market value and the value of such sureties' interest therein, executed by the owner or owners of such interest and such bond and affidavit is recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists it shall constitute a lien against the property described in the attached affidavit., so that when so amended, Code section 67-2004 shall read as follows: 67-2004. When any person, entitled under this Chapter to claim a lien against any real estate located in this State, shall file his lien in the office of the clerk of the superior court of the county in which said real estate is located, the owner of the real estate, or the contractor employed to improve said property, may, before or after foreclosure proceedings are instituted, discharge said lien by filing in the office of the said clerk a bond with good security in double the amount claimed under said lien to be approved by the

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clerk of said court, conditioned to pay to the holder of said lien the sum that may be found to be due him upon the trial of any action that may be filed by said lien holder to recover the amount of his claim, within twelve months from the time said claim shall become due. Upon the filing of the bond provided for herein, the real estate shall be discharged from the lien. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of such property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, market value and the value of such sureties' interest therein, executed by the owner or owners of such interest and such bond and affidavit is recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists it shall constitute a lien against the property described in the attached affidavit. Code 67-2004 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. PUBLIC SERVICE COMMISSIONAUTHORITY TO ALLOCATE GAS OR ELECTRICITY TO PROTECT PUBLIC HEALTH, ETC. No. 997 (House Bill No. 1427). An Act to provide that the Public Service Commission shall have the power and authority to allocate gas or electricity which is supplied, sold or furnished by any person subject to the jurisdiction of that Commission in order to protect the public health, safety or welfare in the event that said Commission makes certain findings; to provide for such findings; to provide definitions of certain terms used in this Act; to provide that said Commission shall have certain additional powers in connection therewith; to provide for notice and hearing in connection therewith;

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to provide that said Commission is authorized to take certain actions in connection therewith without a hearing if it finds that an emergency exists; to provide that any person who acts in accordance with a directive, ruling or order entered by that Commission pursuant to such authority shall not be held liable; to provide for a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purposes of this Act, the following terms shall have the meanings designated, except when a particular context clearly requires a different meaning: Definitions. (a) Utility service means gas or electricity which is supplied, sold or furnished by any person subject to the jurisdiction of the Commission. (b) Person means an individual or corporation. (c) Corporation means any corporation, municipal corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or receiver or receivers, trustee or trustees of any of the foregoing. (d) Utility means any person, who supplies, furnishes or sells a utility service. (e) Commission means the Public Service Commission. Section 2. The Commission shall have the power and authority to allocate any utility service in such manner as it shall deem proper in order to protect the public health, safety or welfare, including for such purposes, the power and authority to alter, amend, suspend, or terminate any existing rate, schedule, contract, rule, or regulation affecting such utility service, and to prescribe new or further rates, schedules, contracts, rules or regulations affecting such utility service, provided, however, that in any event

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such rates, schedules, contracts, rules or regulations as are altered, amended, or prescribed by the Commission shall be just and reasonable, in the event that: Allocation. (a) The Commission finds, after notice to the persons affected and hearing respecting the manner, if any, in which the Commission should exercise such power and authority, as well as the necessity therefor, such hearing to be initiated by the Commission on its own motion or by any person, that a shortage exists or is imminent in the quantities of such utility service available in the State of Georgia, or in any portion thereof, and that it is necessary for the Commission to exercise such power and authority in order to protect the public health, safety or welfare; or (b) The Commission finds that an emergency exists with respect to the quantities of such utility service available in the State of Georgia, or in any portion thereof, and that it is necessary for the Commission to exercise such power and authority in order to protect the public health, safety and welfare before notice and hearing can be afforded to the persons affected, provided, however, that the directives, rulings and orders of the Commission respecting such utility service based upon a finding that an emergency exists pursuant to this subparagraph shall be temporary and provisional and the Commission shall, as soon as practicable under the circumstances, afford notice and hearing to the persons affected as to whether such directives, rulings, or orders of the Commission shall be continued, modified, made permanent, or otherwise affected. Section 3. Any person who supplies, furnishes, sells, limits, withholds, receives, or otherwise acts with respect to any utility service in accordance with a directive, ruling or order entered by the Commission pursuant to the authority granted herein will not be held liable to any other person by reason thereof in any action at law or in equity. Section 4. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications

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of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Severability. Section 5. 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 27, 1972. CRIMESDECEPTIVE PRACTICESPUBLICATION OF TELEPHONE NUMBERS, ETC., USED FOR FRAUDULENT PURPOSES PROHIBITED, ETC. Code Chapter 26-17 Amended. No. 998 (House Bill No. 1433). An Act to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to prohibit the publication of information relating to telephone numbers, credit numbers or other credit devices, which information is used for theft or fraudulent practices; to define certain terms; to provide a penalty; 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 26-17, relating to deceptive practices, as amended, is hereby amended by adding between Code section 26-1705.9 and Code Section 26-1706, a new Code section to be numbered Code Section 26-1705.10, to read as follows: 26-1705.10. Same; publication of information regarding schemes, devices, means, or methods for credit card fraud or theft of telecommunication services.(a) a person who

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publishes the number or code of an existing, cancelled, revoked or non-existent telephone number, credit number or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices with knowledge or reason to believe that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have such telephone number, credit number, credit device or method of numbering or coding so used shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in subsection (a) of section 26-1705.9. Code 26-1705.10 enacted. (b) As used in this Section, `publish' means the communication or dissemination of information to any one or more persons, either orally, in person or by telephone, radio or television, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book. (c) An offense under this section may be deemed to have been committed at either the place at which the publication was initiated or at which the publication was received or at which the information so published was utilized to avoid or attempt to avoid the payment of any lawful telephone or telegraph toll charge. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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MOTORCYCLESRIDERS MUST WEAR FOOTWEAR, ETC. No. 999 (House Bill No. 1434). An Act to amend an Act providing how motorcycles shall be operated and providing that certain equipment and devices must be on certain motorcycles, approved April 25, 1969 (Ga. L. 1969, p. 732), so as to require persons operating or riding upon motorcycles to wear some type of footwear; to delete the requirements relative to the height of handlebars; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing how motorcycles shall be operated and providing that certain equipment and devices must be on certain motorcycles, approved April 25, 1969 (Ga. L. 1969, p. 732), is hereby amended by adding at the end of section 1 a new subsection (d) to read as follows: (d) No person shall operate nor ride upon a motorcycle unless he shall wear some type of footwear other than socks. Section 2. Said Act is further amended by deleting in its entirety subsection (b) of section 2 and by deleting from subsection (a) the following: (a). Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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INSURANCEPURCHASE OF INSURANCE FROM UNAUTHORIZED INSURERS BY NUCLEAR INSUREDS ON PAYMENT OF PREMIUM AUTHORIZED. Code Title 56 Amended. No. 1014 (House Bill No. 1482). An Act to amend Title 56 of the Code of Georgia relating to insurance, as amended, so as to authorize the purchase of insurance from unauthorized insurers by nuclear insureds who pay the appropriate premium tax thereon to the Commissioner of Insurance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That 56-601 of the Code of Georgia; relating to the Representation of Unauthorized Insurers, is hereby amended by adding in subsection two (2) a new paragraph known as subparagraph (f), and to read as follows: (f) To any insurance company or underwriter issuing contracts of insurance to nuclear insureds, nor to any contract of insurance issued to any one or more nuclear insureds, provided that such nuclear insured under a contract procured from an unauthorized insurer shall pay to the Commissioner of Insurance before March 1 next succeeding the calendar year in which the insurance was so effectuated, continued, or renewed, a premium receipts tax of four (4) per cent of the gross premiums charged for such insurance. For the purposes of this section, a nuclear insured is an insured purchasing policies of insurance on risks on its own nuclear generating plants and other facilities at such plants in this State. so that when so amended, subsection two (2) of 56-601 of the Code of Georgia shall read as follows: (2) This section shall not apply to: (a) Surplus line insurance which is authorized by this

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Chapter and transactions as to which a certificate of authority is not required of an insurer under section 56-302. Code 56-601 amended. (b) Reinsurance as authorized by section 56-413. (c) To the services of an adjuster with respect to claims under policies lawfully solicited, issued and delivered outside of Georgia. (d) Acceptance of service by the Commissioner pursuant to the provisions of this Title. (e) To the professional services of an attorney. (f) To any insurance company or underwriter issuing contracts of insurance to nuclear insureds, nor to any contract of insurance issued to any one or more nuclear insureds, provided that such nuclear insured under a contract procured from an unauthorized insurer shall pay to the Commissioner of Insurance before March 1 next succeeding the calendar year in which the insurance was so effectuated, continued, or renewed, a premium receipts tax of four (4) per cent of the gross premiums charged for such insurance. For the purposes of this section, a nuclear insured is an insured purchasing policies of insurance on risks on its own nuclear generating plants and other facilities at such plants in this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. STATE TO ASSIST CERTAIN COUNTIES IN PREPARING VOTERS' LISTS NECESSITATED BY REAPPORTIONMENT OF GENERAL ASSEMBLY. No. 1015 (House Bill No. 1488). An Act to provide that the State of Georgia shall assist certain counties of this State with the delineation of

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boundary lines of Georgia House of Representatives and Senate districts and the compilation and preparation of voters' lists necessitated by the reapportionment of the General Assembly of Georgia based upon the United States Decennial Census of 1970; to provide that the Secretary of State with the assistance of the State Election Board shall provide such assistance; to provide for alternative benefits; to provide for qualifications and limitations on the benefits provided by this Act; to provide for the reimbursement of certain costs; to provide for clerical and technical assistance; to provide for rules and regulations; to provide that any funds necessary to carry out the provisions of this Act shall come from certain State funds; to provide that this Act shall be applicable only to the preparation of certain boundary descriptions and voters' lists and the expenses and costs connected therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The State of Georgia may assist, as hereinafter provided, any county of this State, where the territory of any such county is embraced within more than one district for the election of members of the Georgia House of Representatives or Senate and which representative district or senatorial district or districts include portions of more than one county, with the delineation of the boundary lines of House and Senate districts and the compilation and preparation of voters' lists, necessitated by the reapportionment of the General Assembly of Georgia based upon the United States Decennial Census of 1970. Assistance. (b) The assistance to be provided to qualified counties by the State shall be as follows: (1) Upon the request of the election officials of any qualified county, the Secretary of State with the assistance of the State Election Board may assist local election officials with the preparation of descriptions of the boundaries

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of House and Senate districts located within, or partially within, such county. The Secretary of State and said Board may also assist local election officials to compile, prepare and furnish voters' lists reflecting changes necessitated by the reapportionment of the General Assembly. (2) Upon the filing of a written waiver of the assistance provided by paragraph 1 executed by the election officials of any qualified county, a qualified county shall be reimbursed for all reasonable expenses incurred by such county and directly related to the preparation of district boundary descriptions or voters' lists reflecting changes necessitated by the reapportionment of the General Assembly; provided, however, that such reimbursement of costs shall not exceed 25 per registered voter whose name appeared on such county's voters' list as living within the district or districts involved on January 1, 1972. Any qualified county seeking reimbursement of such costs shall present an itemized description of such costs to the Secretary of State. If the Secretary of State, after a review of the report of such costs incurred by a county, shall find that such costs were reasonable and were directly related to the preparation of such descriptions and lists, he shall approve such request and shall submit a copy of the request, with his approval endorsed thereon, to the Legislative Fiscal Officer for payment. Section 2. The State Board of Elections is hereby authorized to employ such clerical and technical assistance as shall be necessary to carry out the provisions of this Act. The Board is further authorized to promulgate rules and regulations for the determination of what shall be a reasonable cost directly related to the preparation of descriptions and lists. The Board is further authorized to promulgate such other rules and regulations as may be necessary or convenient to carry out the provisions of this Act. Personnel. Rules. Section 3. Any State funds necessary to carry out the provisions of this Act shall come only from those funds appropriated to the Legislative Branch of Government specifically for the purpose of implementing the provisions of

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this Act. If such funds are not sufficient to completely bear the cost of fully implementing the provisions of this Act, payment to the counties seeking assistance and payment under this Act shall be made on a pro rata basis subject to the availability of appropriated funds. Funds. Section 4. The provisions of this Act shall be applicable to the preparation of boundary descriptions and voters' lists, and the expenses and costs connected therewith which are incurred prior to the 1972 general election, necessitated by the reapportionment of the General Assembly of Georgia in accordance with the United States Decennial Census of 1970. 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 27, 1972. STATE PERSONAL PROPERTYCENTRAL INVENTORYCERTAIN PROVISIONS CHANGED. Code Chapter 91-8A Amended. No. 1016 (House Bill No. 1498). An Act to amend Code Chapter 91-8A, relative to a central inventory of State owned personal property, so as to delete certain requirements relative to said inventory; to change the provisions relative to the property subject to said inventory; to change the date for completion of said inventory; 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 91-8A, relative to a central inventory

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of State owned personal property is hereby amended by striking the first sentence of subsection (b) of Code section 91-801A in its entirety so that when so amended, said subsection (b) shall read as follows: (b). The inventory shall be maintained on a current basis, and State officers and employees shall furnish the Supervisor of Purchases such information as may be required by him to keep said inventory current. Code 91-801A (b) amended. Section 2. Said Code Chapter is further amended by striking Code section 91-802A in its entirety and substituting in lieu thereof a new Code section 91-802A to read as follows: 91-802A. Applicability of Chapter. (a) This Chapter shall apply to moveable personal property and shall be defined as any item which meets the following criteria: Code 91-802A amended. (1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc. (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $50.00 or more. (3) Any item or items which an agency feels should be included in its personal property inventory, even though it fails to meet the criteria outlined above, may be included, provided the agency obtains prior approval from the Supervisor of Purchases. (b) The Supervisor of Purchases shall be authorized to include or exclude items from the inventory as he deems necessary and such determination shall be binding upon the various departments, boards, bureaus, commissions, institutions and other agencies of the State Government. Section 3. Said Code Chapter is further amended by striking from Code section 91-804A the figure 1972 and

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inserting in lieu thereof the figure 1973, so that when so amended Code section 91-804A shall read as follows: 91-804A. Completion of first inventory. The inventory required by this Chapter shall be completed by July 1, 1973, and thereafter shall be maintained on a current basis as required by Code section 91-801A. Code 91-804A amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. ELECTIONSMUNICIPALITY MAY AUTHORIZE COUNTY TO CONDUCT ANY ELECTION (600,000 OR MORE). Code Title 34A Amended. No. 1050 (House Bill No. 1584). An Act to amend Georgia Code Title 34A, the Georgia Municipal Election Code, so as to provide that in certain counties the governing authority of any municipality lying wholly or partially within such county may authorize the governing authority of any county in which such municipality lies to conduct any election; to provide the procedure in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code Chapter 34A, the Georgia Municipal Election Code, as amended, is further amended by adding following Code section 34A-110, a new Code Section, which shall be known as section 34A-111, which shall read as follows: 34A-111. In all counties of this State having a population in excess of 600,000 according to the 1970 United States Census, or any future such census, the governing authority of any municipality lying wholly or partially within such

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counties, may authorize such county to conduct any or all elections held pursuant to this Code. In the event that such city shall by ordinance authorize such county to conduct elections, such county shall thereafter perform all functions imposed by this Code upon the governing authority of such municipality with reference to any election and such municipality shall pay such county all costs incurred in the conduct of such election. Such county shall have authority to conduct such elections in any and all counties in which any part of such municipalities may lie. Code 34A-111 enacted. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. STATE HIGHWAY BOARDPROVISION REGARDING USE OF FUNDS ON ROADS AND BRIDGES IN MUNICIPALITIES, ETC., DELETED ETC. No. 1052 (House Bill No. 1593). 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, so as to delete the provision that no State Highway funds shall be expended on roads or bridges in municipalities unless such roads are a part of the State Highway System or are a part of the urban, primary or secondary Federalaid system or are a part of a county road system which is maintained by the county and extends from within the limits of the municipality concerned out into the county itself; 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 offices of the State Highway Board, Chairman of the State Highway Board, and

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Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, is hereby amended by striking subsection (j) of section 8 in its entirety and substituting in lieu thereof a new subsection (j) to read as follows: (j) After the necessary funds have been set aside for operating the State Highway Department, for maintaining, improving and reconstructing State Highway system roads and bridges, for paying the grants to counties for aid in county road construction and maintenance as provided by law authorizing the State Treasurer to make such grants, for matching Federal aid apportionments to the State of Georgia for the planning, surveying, constructing, reconstructing, paving and improving of Federal aid roads and bridges in full, and for any emergencies or unusual situations, the remaining available State Highway funds (and in no event shall said sum be less the 15 per cent of the total of all State Highway funds) shall be used as follows: at least one-third shall be used for planning, surveying, constructing, improving, paving and completing streets, roads and bridges not on the State Highway system; at least onethird shall be used for planning, surveying, constructing and paving roads and bridges on the State Highway system; and the remaining one-third shall be used in the manner prescribed by the State Highway Department of Georgia for the planning, surveying, constructing, reconstruction, paving and improving of the roads and bridges of the State of Georgia most in need of such work: Provided, only, that no State Highway funds shall be expended for the construction, paving or improvement of private driveways, roads and bridges that are not used by the public or that have been abandoned. Streets, driveways, parking areas and bridges located upon the property of and serving public schools or colleges of the University system, regardless of population or by whom maintained, may be the subject of expenditure of State Highway Department funds under such conditions as the Department may provide. Driveways and parking areas of hospitals constructed with the assistance of financial grants from the Federal Government,

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authorized by Title VI of the Public Health Act, as amended, may be the subject of expenditures of State Highway Department funds under such conditions as the Board may provide. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. HIGHWAYSPROVISION MADE FOR SUBLETTING CONTRACTS BETWEEN DEPARTMENT OF TRANSPORTATION AND CERTAIN POLITICAL ENTITIES, ETC. No. 1053 (House Bill No. 1595). An Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, approved February 9, 1949 (Ga. L. 1949, p. 373), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 397), so as to provide for the subletting of contracts between the Department of Transportation and counties or incorporated municipalities; to provide for subletting contracts for public bid; to provide for advertising of contracts; to provide that the public bidding and advertising requirements do not apply to contracts sublet between counties and incorporated municipalities; to provide that the Department of Transportation shall not be obligated to accept assignments of contracts; to provide for payments; to define maintenance; 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 relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, approved February 9, 1949 (Ga. L. 1949, p. 373), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 397), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. The Department of Transportation is hereby prohibited from negotiating contracts with any person, firm, or corporation for the construction or maintenance of highways, roads and bridges, except contracts with counties or incorporated municipalities for work to be performed by convict labor, county or municipal forces, or sublet to contract as provided in this Act, and not otherwise. Prohibition. Section 2. Said Act is further amended by adding a new section 2, to read as follows: Section 2. The Department of Transportation, pursuant to a contract negotiated as provided in this Act, shall be authorized to furnish planning, contract plans, specifications and engineering supervision for roads and bridges being constructed by counties or incorporated municipalities with the work being performed by convict labor, county or municipal forces, or by contracts sublet as provided in this Act. Planning, etc. Section 3. Said Act is further amended by adding a new section 3, to read as follows: Section 3. Any provision of law to the contrary notwithstanding, all contracts sublet by a county or incorporated municipality for the purpose of construction or maintenance of highways, roads and bridges pursuant to a contract with the Department of Transportation shall be let by public bid. Public bid. Section 4. Said Act is further amended by adding a new section 4, to read as follows: Section 4. Any provision of law to the contrary notwithstanding,

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the county or incorporated municipality desiring to sublet a contract for construction or maintenance of highways, roads and bridges pursuant to a contract with the Department of Transportation shall advertise all contract lettings for at least two weeks; the public advertisement shall be inserted one week in such newspapers and/or publications as will assure adequate publicity; the first insertion to be two weeks prior to the opening of bids, the second insertion to follow one week after the first publication. Advertisement Section 5. Said Act is further amended by adding a new section 5, to read as follows: Section 5. Sections 3 and 4 of this Act shall not apply to contracts sublet by a county to an incorporated municipality or to contracts sublet by an incorporated municipality to a county pursuant to the provisions of this Act. Exemption. Section 6. Said Act is further amended by adding a new section 6, to read as follows: Section 6. A contract sublet by a county or incorporated municipality pursuant to the provisions this Act shall in no way obligate the Department of Transportation to accept an assignment of said contract or any portion thereof. Payments for work performed under such contracts shall be made only as provided in the contract. Acceptance not mandatory. Section 7. Said Act is further amended by adding a new section 7, to read as follows: Section 7. As used in this Act, the term maintenance shall not include emergency bridge repairs, emergency snow and ice removal, emergency road or street repairs due to flood conditions, or any emergency situation requiring immediate repairs to any road, street, bridge or right-of-way. Maintenance defined. Section 8. 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 9. Section 12 of an Act empowering the State Highway Department to contract with counties, approved March 18, 1937 (Ga. L. 1937, pp. 912-918), as amended particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 276), providing that contracts made by the State Highway Department with counties shall not be sublet or transferred, is hereby repealed. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. EDUCATIONCERTAIN SICK LEAVE AUTHORIZED FOR SCHOOL BUS DRIVERS. No. 1066 (House Bill No. 1629). An Act to amend an Act providing that school bus drivers in the public schools of this State shall be entitled to sick leave, approved March 6, 1962 (Ga. L. 1962, p. 670) so as to provide that up to a maximum of three days accumulated sick leave may be used by any school bus driver for the purpose of absenting himself for any personal 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 that school bus drivers in the public schools of this State shall be entitled to sick leave, approved March 6, 1962 (Ga. L. 1962, p. 670) is hereby amended by adding a new section between sections 1 and 2 to be designated section 1A and to read as follows: Section 1A. During any school year, a school bus driver may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from

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his duties for any personal reason, if prior approval of his absence is given by the superintendent or his authorized representative. Sick leave. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. INSURANCEAGENT REDEFINED. Code 56-801a Amended. No. 1073 (House Bill No. 1637). An Act to amend Code section 56-801a, relating to definitions relative to agents and counselors for life, accident and sickness insurance, so as to change the definition of the term agent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-801a, relating to definitions relative to agents and counselors for life, accident and sickness insurance, is hereby amended by striking from subsection (1) the following: The term `agent' shall not include any representative of a hospital service nonprofit corporation or of a nonprofit medical service corporation as defined and regulated in Chapters 56-17 and 56-18, or the representative of any fraternal benefit society as defined and regulated in Chapter 56-19., so that when so amended, subsection (1) of Code section 56-801a shall read as follows: (1) The term `agent' shall mean any authorized or acknowledged agent of an insurer and any subagent of such agent who acts as such in the solicitation of, negotiation for,

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or procurement or making of a contract of life, accident and sickness insurance, or making of an annuity contract; except that the term `agent' shall not include any regular salaried officer or employee of a licensed insurer or of a licensed insurance agent who does not solicit or accept from the public applications for any such contract. A regular salaried officer or employee of an insurer authorized to do business in this State shall not be deemed to be an `agent' by reason of rendering assistance to or on behalf of a licensed insurance agent, provided that such salaried officer or employee devotes substantially all of his time to activities other than the solicitation of applications for life, accident and sickness insurance or annuity contracts, and receives no commission or other compensation directly dependent upon the amount of business obtained: Code 56-801a amended. Provided, however, that under franchise insurance plans a person who makes the salary deductions of premiums for the employees, or under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of such person, or of a firm or corporation by which he is employed, and who does not receive insurance commissions for such service, shall not be deemed to be an agent: Provided, further, that an administration fee not exceeding five (5%) percent of the premiums collected, paid by the insurer to the administration office, shall not be construed to be insurance commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. REVENUENET INCOME MEANING CONFORMED TO INTERNAL REVENUE CODE. Code 92-3108 Amended. No. 1077 (House Bill No. 1664). An Act to amend section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net

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income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1972; 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, as amended, is amended by striking the date January 1, 1971 wherever it appears in the second paragraph of said section and inserting in lieu thereof the date January 1, 1972 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, 1972, 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, 1972. Code 92-3108 amended. Section 2. This Act shall become effective immediately upon its approval, or its otherwise becoming a law, and shall apply to all taxable years beginning on or after January 1, 1972. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. REVENUEFOREIGN CORPORATIONS NOT RELIEVED OF LICENSE TAX, ETC. No. 1078 (House Bill No. 1666). An Act to amend Paragraph 45 of section 2 of the General Tax Act of 1935 (Ga. L. 1935, p. 11), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p.

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662) relating to the imposition of a tax on foreign corporations for the privilege of carrying on business in this State in the corporate form, so as to provide that this tax shall not be construed so as to relieve a corporation or its agents of any other license or occupation tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Paragraph 45(2) of section 2 of the General Tax Act of 1935 (Ga. L. 1935, p. 11) as amended particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 662) is amended by striking said paragraph and inserting in lieu thereof the following: The payment of this tax shall not be construed so as to relieve a corporation or its agents of any other license or occupation tax whatever. Provided that this and paragraphs 43 and 44 of this section shall not apply to insurance companies which are separately taxed. Provided further, that all returns by corporations, resident or non-resident, must be made under oath. Section 2. This Act shall become effective immediately upon its approval, or its otherwise becoming law, and shall apply to the payment of taxes made after the effective date of this Act. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. NON-RESIDENT CONTRACTORS DOING BUSINESS IN GEORGIA ACT AMENDED. No. 1080 (House Bill No. 1669). An Act to amend an Act known as the Non-Resident Contractors Doing Business in Georgia, approved April 5,

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1961 (Ga. L. 1961, pg. 480 et. seq.) so as to require reports pertaining to contract work done in Georgia; to delete section 2 in its entirety and substitute a new section 2; to provide for a change in time for the automatic release of 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. Section 2 of an Act known as the Non-Resident Contractors Doing Business in Georgia, approved April 5, 1961 (Ga. L. 1961, pg. 480 et. seq.) is hereby revoked in its entirety and a new section 2 is inserted and shall read as follows: Section 2. To the end that the State of Georgia and the political subdivisions thereof may receive all reports pertaining to and taxes due thereon in every instance, including contributions due under the employment security law, contractors, who are non-residents of this State, desiring to engage in, prosecute, follow or carry on the business of contracting as defined in this Act shall register with the State Revenue Commissioner for each contract where the total contract price or compensation to be received amounts to more than ten thousand ($10,000) dollars. The State Revenue Commissioner shall charge a fee for such registration in the amount of ten ($10) dollars for each such contract. All such fees received by the State Revenue Commissioner shall be deposited on Monday of each week with the State Treasurer. The State Treasurer shall thereupon credit the amount of said fees to the general revenue fund. Registration. Section 3. Section 7 of Act known as the Non-Resident Contractors Doing Business in Georgia approved April 5, 1961 (Ga. L. 1961, pg. 480 et. seq.) is hereby amended to delete the last paragraph beginning with provided, however, such bonds shall be released automatically six months after completion of any contract unless a court proceeding has been instituted against the contractor and inserting the following: Provided, however, such bonds shall be released automatically two years after written notification of the

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completion of any contract is received by the State Revenue Commissioner unless a court proceeding has been instituted against the contractor so that when so amended section 7 shall read as follows: Section 7. The administration of this Act is vested in the State Revenue Commissioner, who is hereby authorized to make and enforce such reasonable rules and regulations not inconsistent with the provisions of this Act as he may deem necessary: Provided, no bonds required under this Act shall be released until the contract for which any such bond is given shall be fully performed, nor until the State Revenue Commissioner shall obtain a written release from the director of the employment security division certifying that all contributions and interest due by the principal on such bond, under the employment security law, have been paid in full: Provided however, such bonds shall be released automatically two years after written notification of the completion of any contract is received by the State Revenue Commissioner, unless a court proceeding has been instituted against the contractor. Automatic bond release. 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 27, 1972. PARENT AND CHILDSUPPORT OF ILLEGITIMATE CHILDREN, PROVISIONS CHANGED. Code Title 74 Amended. No. 1085 (House Bill No. 1680). An Act to amend Code Title 74, relating to parent and child, as amended, so as to change the provisions relating

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to the support of illegitimate children; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 74, relating to parent and child, as amended, is hereby amended by adding after the words: bound to maintain him, in Code section 74-202, relating to the father's obligation to support, the following: until said child reaches the age of 18, marries or becomes self-supporting, whichever occurs first, so that when so amended, Code section 74-202 shall read as follows: 74-202. Father's obligation to support.The father of an illegitimate child shall be bound to maintain him until said child reaches the age of 18, marries or becomes self-supporting, whichever occurs first. This obligation shall be good consideration to support a contract by him. He may voluntarily discharge this duty; if he shall fail or refuse to do it, the law will compel him. Provided, however, that the Superior Court shall have the power, upon petition of the father, to require the mother of an illegitimate child to contribute to such support upon a determination that the financial circumstances of both the father and the mother are such that justice and equity require the mother to share in, or have responsibility for, such support. Code 74-202 amended. Section 2. Said Code Title is further amended by striking from Code section 74-301, relating to proceedings against the mother, the following: 14 years, and inserting in lieu thereof the following:

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18 years, marries or becomes self-supporting, whichever occurs first, so that when so amended, Code section 74-301 shall read as follows: 74-301. Proceedings against the mother.Any justice of the peace who knows or has information on oath to that effect, of any woman having an illegitimate child, or being pregnant with one, which probably will become a charge upon the county, may issue a warrant directed to the sheriff or any constable of the county where the case may arise, requiring the offender to be brought before him to give security to the ordinary of the county, in the sum of $750, for the support and education of the child until it shall arrive at the age of 18 years, marries or becomes self-supporting, whichever occurs first, or to discover on oath the father of the child. Code 74-301 amended. Section 3. Said Code Title is further amended by striking from Code Section 74-303, relating to requirements of the father, the following: 14 years, and inserting in lieu thereof the following: 18 years, marries or becomes self-supporting, whichever occurs first, so that when so amended, Code section 74-303 shall read as follows: 74-303. Father required to give bond; recognizance; indictment.When the putative father shall be brought before the justice of the peace, he may be required to give security for the maintenance and education of the child until he arrives at the age of 18 years, marries or becomes self-supporting, whichever occurs first, and also the expense of lying-in with such child, boarding, nursing, and maintenance, while the mother is confined by reason thereof; and if the putative father shall fail to give such security, the

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justice shall bind him over in a sufficient recognizance to appear before the next superior or county court of the county to answer such complaint as may then and there be alleged against him touching the premises, and the solicitor general shall prefer and lay before the grand jury the proper indictment. Code 74-303 amended. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. GWINNETT JUDICIAL CIRCUITADDITIONAL JUDGE PROVIDED. No. 1091 (House Bill No. 1695). An Act to add one additional Judge to the Superior Courts of the Gwinnett Judicial Circuit of Georgia; to provide for the appointment of the first additional Judge by the Governor; to provide for election of successors to the Judge initially appointed; to prescribe the powers of said Judge; to prescribe the compensation, salary and expense allowance of said Judge to be paid by the State of Georgia and the County comprising said Circuit; to authorize the Judges of said court to divide and allocate the work and duties thereof; to require candidates for such Judgeship to designate the place for which they are running; to provide for the manner of empaneling jurors; to provide for an additional Court Reporter for the said Circuit; to authorize the governing authority of the County of Gwinnett to provide facilities, office space, supplies, equipment, and personnel for said Judges; to declare inherent authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945 (Ga. Code Ann., section 2-3801),

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one additional judge of the Superior Courts for the Gwinnett Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the Superior Courts of said circuit, effective July 1, 1972. Additional judge. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning July 1, 1972, and continuing through December 31, 1974, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to July 1, 1972, and shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges for the Superior Courts of this State at the general election in November, 1974, for a term of four years beginning on the first day of January 1975 and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each four years thereafter for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State. Appointment. Terms. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Gwinnett Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Election. Section 4. The additional judge for the superior courts for the Gwinnett Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Either of the two judges of said courts

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may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Powers. Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judge of the superior courts of the Gwinnett Judicial Circuit. The salary supplements heretofore enacted by the counties of said circuit for the present judge shall also be applicable to the additional judge provided for by this Act. Qualifications. Section 6. All writs and processes in the superior courts of the Gwinnett Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Terms. Section 7. The two judges of the superior courts of the Gwinnett Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior courts serving at the time this Act becomes effective shall be the first senior judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The senior judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit;

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and, in the event a juvenile court is established in said county within said circuit, as provided by law, the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Gwinnett Judicial Circuit shall have, and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may alternate such order of business at the next term. They may either of them conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may both or any one of them hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the senior judge as hereinbefore defined shall control. Chief judge. Section 8. The drawing and empaneling of all jurors, whether grand, petit, or special, may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges separately, or before each of them at the same time. Jurors. Section 9. The two judges of the Gwinnett Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Additional court reporter. Section 10. All writs, processes, orders, subpoenas, and

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any other official paper issuing out of the superior courts of the Gwinnett Judicial Circuit may bear teste in the name of any judge of said Gwinnett Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 11. Upon request of either judge, the governing authorities of the counties comprising the Gwinnett Judicial Circuit are hereby authorized to furnish the judges of said court with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Courtroom, etc. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION ACT AMENDEDQUORUM CHANGED (1,000,000 OR MORE). No. 1095 (House Bill No. 1734). An Act to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000, approved March 3, 1971 (Ga. L. 1971, p. 17 et. seq.), so as to change the requirement

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for a quorum for taking action at a meeting of a Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000, according to the United States Decennial Census of 1970, or any future census, approved March 3, 1971 (Ga. L. 1971, p. 17 et. seq.), is hereby amended by striking the words two-thirds in the first sentence of section 7 thereof, and inserting in lieu thereof the words one-half; so that section 7, as amended, shall read as follows: Section 7. Quorum. A quorum for taking action at a meeting of a Commission may be set in such manner as the bylaws of the Commission shall provide, but it shall, in no case, consist of less than one-half of the total number of authorized members of the Commission. The vote of any member of the Commission shall be equal to the vote of any other member in considering or acting upon any question, proposal or other matter before the Commission. Quorum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION ACT AMENDEDDESIGNATION OF CERTAIN SUCCESSOR MEMBERS PROVIDED (1,000,000 OR MORE). No. 1096 (House Bill No. 1735). An Act to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard

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Metropolitan Statistical Area of this State having a population of more than 1,000,000, approved March 3, 1971 (Ga. L. 1971, p. 17), so as to add a new subsection (d) to section 6 of said Act, providing for a method of designating successors to certain members of a Commission which are chosen by the mayors of municipalities lying within each county within the Area; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000 according to the United States Decennial Census of 1970, or any future census, approved March 3, 1971 (Ga. L. 1971, p. 17), is hereby amended by adding a new subsection (d) to section 6 of said Act, which shall read as follows: (d) Upon the expiration of the term of office of a mayor of a municipality who has been designated by a majority vote of the mayors of all municipalities lying within a county in the Area, the Chairman of the Board of Commissioners of such county shall call a meeting of the mayors of all municipalities lying within such county, and such mayors shall designate a mayor from their number as a successor member of the Commission; provided that nothing herein shall prevent an incumbent mayor, who has been elected to another term of public office, from being redesignated as a member of the Commission. Successor member. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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REVENUEGEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCERTAIN MACHINERY EXEMPTED, ETC. No. 1123 (House Bill No. 1944). 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 certain machinery and equipment from the provisions of said Act; to exempt products or by-products derived as a result of the use of such machinery and equipment and subsequently used for pollution abatement purposes from the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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, to be designated paragraph (y), to read as follows: (y) The sale of machinery and equipment for use to combat air and water pollution, and any industrial materials bought for further processing in the manufacture of tangible personal property for sale or any part of said industrial material or by-product which becomes a wasteful product contributing to pollution problems and which is used up in a recycling or burning process. Exemption. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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STATE EXAMINING BOARDSBIENNIAL ISSUANCE OF LICENSES AUTHORIZED. Code Chapter 84-1 Amended. No. 1135 (House Bill No. 2029). An Act to amend Code chapter 84-1, as amended, relating to the Joint Secretary of State Examining Boards, so as to provide for the biennial issuance of all licenses and certificates issued by the State Examining Boards pursuant to Title 84 of the Code of Georgia and all licenses and certificates issued by the State Examining Boards through the office of the Joint Secretary of State Examining Boards; to provide the procedures therefor; to provide for fees for renewing such licenses and certificates; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 84-1, as amended, relating to the Joint Secretary of State Examining Boards, is hereby amended by adding a new Code section to be numbered section 84-104, to read as follows: 84-104. (a) All licenses and certificates issued by the State Examining Boards pursuant to Title 84 of the Code of Georgia, as amended, and all licenses and certificates issued by the State Examining Boards through the office of the Joint Secretary of State Examining Boards, shall be issued for a period of two years at the expiration of which the licenses and certificates must be renewed by the holders of such licenses and certificates as may be required by law. Code 84-104 enacted. (b) The fees for renewing the licenses and certificates issued by the State Examining Boards shall be double the amount presently required by law to renew any such license or certificate for one year. (c) Each State Examining Board is hereby authorized to adopt such rules and regulations as are necessary to effectuate this Section.

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(d) Any person who fails to renew any license or certificate issued by the State Examining Boards pursuant to Title 84 of the Code of Georgia, as amended, shall be subject to penalty, late fee, reinstatement fee, or any other such payment for reinstatement or renewal of any such license or certificate double the amount presently required by law for one year. Section 2. This Act shall become effective December 31, 1972, and shall apply to all licenses and certificates issued or renewed by the State Examining Board on or after that date. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. STATE HIGHWAY BOARD AND DEPARTMENTCONTRACTS PROHIBITED UNLESS SUFFICIENT FUNDS APPROPRIATED THEREFOR. No. 1144 (Senate Bill No. 51). An Act to amend an Act creating the State Highway Board, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 382), so as to provide that the State Highway Board and the State Highway Department shall not enter into certain contracts or contract any debt unless there shall be sufficient funds appropriated to enable such Board and Department to meet such obligations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Highway Board, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 382), is hereby amended by striking from the first sentence

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of subsection (a) of section 12 the following: funds on hand to pay and substituting in lieu thereof the following: sufficient funds appropriated and by adding at the end of the first phrase contained within said sentence after the word contract the following: to enable it to meet such obligations, so that when so amended, subsection (a) of section 12 shall read as follows: (a) The State Highway Board and the Director of the State Highway Department in the administration of the State Highway Department are hereby expressly prohibited from making or contracting any debts or entering into any contract, for which it does not have sufficient funds appropriated at the time of making said debt or entering into said contract to enable it to meet such obligations; except that such prohibition shall not apply to contracts entered into pursuant to the provisions of Article VII, Section VI, Paragraph I (a) (Ga. Code section 2-5901) and the provisions of Article VII, Section IX, Paragraph II (e) (Ga. Code section 2-6202 (e)) of the Constitution of the State of Georgia; and the State Highway Board or the Director of the State Highway Department in the administration of the State Highway Department are hereby expressly authorized to enter into such contracts and to obligate the department in connection therewith. For the purpose of paying obligations imposed by any such contract, such funds as may be received by the State Highway Department for the cost of maintaining, improving and reconstructing the roads and bridges on the State highway system and the cost incident thereto, may be pledged by the State Highway Department. Funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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CERTIFIED PUBLIC ACCOUNTANTSINTERNAL REVENUE SERVICE EXPERIENCE AS SUBSTITUTION PROVIDED. Code 84-207 Amended. No. 1145 (Senate Bill No. 168). An Act to amend Code Ssection 84-207, relating to the qualifications of applicants for certification as certified public accountants, as amended, particularly by an Act approved March 12, 1965 (Ga. L. 1965, p. 185), so as to authorize the substitution of experience as an internal revenue agent with the Internal Revenue Service in lieu of the practical experience in public accounting presently required; 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 84-207, relating to the qualifications of applicants for certification as certified public accountants, as amended, particularly by an Act approved March 12, 1965 (Ga. L. 1965, p. 185), is hereby amended by striking paragraph (d) in its entirety and substituting a new paragraph (d) to read as follows: (d) Applicants for a certificate as a certified public accountant who first apply to sit for the examination after June 30, 1969, shall present with their applications such evidence as may be required by the board that they have received a baccalaureate degree, or completed the requirements therefor, conferred by a college or university, accredited by a recognized national or regional accrediting organization recognized by the board, with a major in accounting, or what the board determines to be substantially the equivalent of the foregoing; or with a nonaccounting major, supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration. Such applicants must also meet the requirements of (a) above, relating to citizenship, residence, age and character.

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Practical experience of such applicants shall be two years' continuous experience in public accounting immediately preceding the date of issuance of the certificate: Provided, further, the board may, in its discretion, accept two years' continuous practice or employment by the federal government or this State in the examination of financial records, in lieu of one of such year's experience in public accounting: Provided, further, the board may accept evidence that the applicant has received a master's degree in accounting, or the equivalent, in lieu of one of such year's practical experience in public accounting, if such degree was conferred by a recognized institution, as set forth above: Provided, further, the board may, in its discretion, accept five years' continuous practice or employment by the federal government in the comprehensive examination of income tax returns and diversified individual and corporate business records, in lieu of the two years of practical experience in public accounting where the applicant has been employed as an internal revenue agent by the Internal Revenue Service, United States Treasury Department, for a minimum of five years, of which one year's employment shall have been at not less than level 12 of the General Schedule, 5 United States Code 5332, as amended. In cases of applications submitted by employees of the Internal Revenue Service, the District Director of Internal Revenue shall fully certify to the board the employment and work experience of each such applicant. The substitution of both governmental experience and a master's degree may not be accepted. Code 84-207 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 27, 1972.

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PRACTICE AND PROCEDUREDEPOSITIONS AND DISCOVERY PROCEDURES REDEFINED, ETC. No. 1146 (Senate Bill No. 201) An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post-trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to comprehensively and exhaustively redefine, modernize and supersede the provisions relating to depositions and discovery and the scope thereof, methods and procedures of discovery and depositions, use of depositions, interrogatories, discovery and production of documents and other things for inspection, physical and mental examination of persons, admissions, sanctions for failure to make discovery, and subpoenas; 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 comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post-trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by striking section 26, relating to depositions pending action, and substituting in lieu thereof a new section 26, to read as follows: Section 26. General Provisions Governing Discovery. (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise under subsection (c) of this Section, the frequency of use of these methods is not limited. Discovery. (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with this Act, the scope of discovery is as follows: Scope.

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(1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. General. (2) Insurance Agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement. Insurance agreements. (3) Trial Preparation: Materials. Subject to the provisions of subsection (b) (4) of this Section, a party may obtain discovery of documents and tangible things otherwise discoverable under subsection (b) (1) of this Section and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. Trial preparation, materials. A party may obtain, without the required showing, a

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statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain, without the required showing, a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order. The provisions of section 37(a)(4) apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (A) a written statement signed or otherwise adopted or approved by the person making it, or (B) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (4) Trial Preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subsection (b) (1) of this section and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: Same, experts. (A) (i) A party may, through interrogatories, require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (ii) A party may obtain discovery under section 30, 31 or 34 of this Act from any expert described in this subsection, the same as any other witness, but the party obtaining discovery of an expert hereunder must pay a reasonable fee for the time spent in responding to discovery by that expert, subject to the right of the expert or any party to obtain a determination by the court as to the reasonableness of the fee so incurred. (B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Section 35(b) or upon a showing

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of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means. (C) Unless manifest injustice would result, (i) the court shall require the party seeking discovery to pay the expert a reasonable fee for time spent in responding to discovery under subsection (b) (4) (B) of this Section; and (ii) with respect to discovery obtained under subsection (b) (4) (A) (ii) of this Section the court may require, and with respect to discovery obtained under subsection (b) (4) (B) of this Section the court shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert. (c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or, alternatively, on matters relating to a deposition, the court in the county where the deposition is to be taken, may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the court; (6) that a deposition, after being sealed, be opened only by order of the court; (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. Protective orders. If the motion for a protective order is denied in whole

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or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Section 37(a) (4) apply to the award of expenses incurred in relation to the motion. (d) Sequence and Timing of Discovery. Unless the court, upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. (e) Supplementation of Responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows: (1) A party is under a duty seasonably to supplement his response with respect to any question directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on which he is expected to testify, and the substance of his testimony. (2) A party is under a duty seasonably to amend a prior response if he obtains information upon the basis of which (A) he knows that the response was incorrect when made, or (B) he knows that the response, though correct when made, is no longer true, and the circumstances are such that a failure to amend the response is, in substance, a knowing concealment. (3) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses. Section 2. Said Act is further amended by striking section 29, relating to stipulations regarding the taking of

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depositions, in its entirety and substituting in lieu thereof a new section 29, to read as follows: Section 29. Stipulations Regarding Discovery Procedure. Unless the court orders otherwise, the parties may, by written stipulation, (1) provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions, and (2) modify the procedures provided by these rules for other methods of discovery. Stipulations. Section 3. Said Act is further amended by striking section 30, relating to depositions upon oral examination, in its entirety and substituting in lieu thereof a new section 30, to read as follows: Section 30. Depositions upon Oral Examination. (a) When Depositions May be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under Section 4 (e), except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subsection (b) (2) of this Section. The attendance of witnesses may be compelled by subpoena as provided in Section 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Oral Examinations. (b) Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization. Notice. (1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the

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name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. If a subpoena for the production of documentary and tangible evidence is to be served on the person to be examined, the designation of the materials to be produced, as set forth in the subpoena, shall be attached to, or included in, the notice. (2) Leave of court is not required for the taking of a deposition by plaintiff if the notice (A) states that the person to be examined is about to go out of the county where the action is pending and more than 150 miles from the place of trial, or is about to go out of the United States, or is bound on a voyage to sea, and will be unavailable for examination unless his deposition is taken before expiration of the 30-day period, and (B) sets forth facts to support the statement. The plaintiff's attorney shall sign the notice, and his signature constitutes a certification by him that, to the best of his knowledge, information, and belief, the statement and supporting facts are true. If a party shows that, when he was served with notice under this subsection (b) (2), he was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against him. (3) The court may, for cause shown, enlarge or shorten the time for taking the deposition. (4) The court may, upon motion, order that the testimony at a deposition be recorded by other than stenographic means, in which event the order shall designate the manner of recording, preserving, and filing the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. If the order is made, a party may nevertheless arrange to have a stenographic transcription made at his own expense. (5) The notice to a party deponent may be accompanied by a request made in compliance with section 34 for the

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production of documents and tangible things at the taking of the deposition. The procedure of section 34 shall apply to the request. (6) A party may, in his notice, name as the deponent a public or private corporation or a partnership or association or governmental agency and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. The persons so designated shall testify as to matters known or reasonably available to the organization. This subsection (b) (6) does not preclude taking a deposition by any other procedure authorized in this Act. (c) Examination and Cross-Examination; Record of Examination; Oath; Objections. Examination and cross-examination of witnesses may proceed as permitted at the trial under the rules of evidence. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with subsection (b) (4) of this Section. If requested by one of the parties, the testimony shall be transcribed. Examination, record. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition, and he shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim. (d) Motion to Terminate or Limit Examination. At any

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time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the county where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Section 26(c). If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of section 37(a) (4) apply to the award of expenses incurred in relation to the motion. Same, terminate of limit. (e) Submission to Witness; Changes; Signing. When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness within 30 days of its submission to him, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor, and the deposition may then be used as fully as though signed, unless, on a motion to suppress under section 32(d) (4), the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. Submission to witness. (f) Certification and Filing by Officer; Exhibits; Copies; Notice of Filing.

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(1) The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope endorsed with the title of the action and marked `Deposition of [here insert name of witness]' and shall promptly file it with the court in which the action is pending or sent it by registered or certified mail to the clerk thereof for filing. Certification. Documents and things produced for inspection during the examination of the witness, shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except that (A) the person producing the materials may substitute copies to be marked for identification, if he affords to all parties fair opportunity to verify the copies by comparison with the originals, and (B) if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may [Illegible Text] be used in the same manner as if annexed to and returned with the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case. (2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent. (g) Failure to Attend or to Serve Subpoena; Expenses. (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney's fees. Failure to attend. (2) If the party giving the notice of the taking of a

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deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney's fees. Section 4. Said Act is further amended by striking section 31, relating to depositions of witnesses upon written interrogatories, in its entirety and substituting in lieu thereof a new section 31, to read as follows: Section 31. Depositions upon Written Questions. (a) Serving Questions; Notice. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in section 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Deposititons, written questions. A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of section 30(b)(6). Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other

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parties. The court may, for cause shown, enlarge or shorten the time. (b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Section 30(c), (e) and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him. Record. Section 5. Said Act is further amended by striking section 32, relating to errors and irregularities in depositions, in its entirety, and substituting in lieu thereof a new section 32, to read as follows: Section 32. Use of Depositions in Court Proceedings; Effect of Errors and Irregularities in Depositions. (a) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions: Use, errors, etc. (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. (2) The deposition of a party or of anyone who, at the time of taking the deposition, was an officer, director, or managing agent, or a person designated under section 30 (b) (6) or 31 (a) to testify on behalf of a public or private corporation, partnership or association or governmental agency which is a party may be used by an adverse party for any purpose. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court

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finds: (A) that the witness is dead; or (B) that the witness is out of the county, unless it appears that the absence of the witness was procured by a party offering the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (D) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) that because of the nature of the business or occupation of the witness it is not possible to secure his personal attendance without manifest inconvenience to the public or third persons; or (F) that the witness will be a member of the General Assembly and that the session of the General Assembly will conflict with the session of the court in which such case is to be tried. (4) The deposition of a witness, whether or not a party, taken upon oral examination, may be used in the discretion of the trial judge, even though the witness is available to testify in person at the trial. The use of the deposition shall not be ground for excluding the witness from testifying orally in open court. (5) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts. Substitution of parties does not affect the right to use depositions previously taken; and, when an action in any court of the United States or of any state has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. (b) Objections to Admissibility. Subject to the provisions of subsection (d) (3) of this Section, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

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(c) Effect of Taking or Using Depositions. A party does not make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition under subsection (a) (2) of this section. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party. (d) Effect of Errors and Irregularities in Depositions. (1) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (2) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (3) As to Taking of Deposition. (A) Objections to the competency of a witness or to the competency, relevancy or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed or cured if promptly presented, are waived unless seasonable objection thereto is make at the taking of the deposition. (C) Objections to the form of written questions submitted

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under Section 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within five days after service of the last questions authorized. (4) As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under Sections 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained. Section 6. Said Act is further amended by striking section 33, relating to interrogatories to parties, in its entirety and substituting in lieu thereof a new Section 33, to read as follows: Section 33. Interrogatories to Parties. (a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served, or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Interrogatories, parties. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint

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upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Section 37(a) with respect to any objection to, or other failure to, answer an interrogatory. (b) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under section 26(b), and the answers may be used to the extent permitted by the rules of evidence. Trial use. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time. (c) Option to Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. Option, business records. Section 7. Said Act is further amended by striking section 34, relating to discovery and production of documents and things for inspection, copying or photographing, in its entirety and substituting in lieu thereof a new section 34, to read as follows: Section 34. Production of Documents and Things and Entry upon Land for Inspection and Other Purposes. (a)

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Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible thing which constitute or contain matters within the scope of Section 26(b), and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of section 26(b). Production of documents, etc. (b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected, either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. Procedure. The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under section 37(a) with respect to any

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objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested. (c) The provisions of this section shall also be applicable with respect to discovery against persons, firms or corporations who are not parties, except that the party desiring such discovery shall proceed by taking the deposition of such person, firm or corporation or oral examination or by serving interrogatories. The person, firm or corporation so served may move the court for a protective order relieving against such subpoena or interrogatories in whole or in part, and upon good cause shown, the court may grant such relief as it may deem appropriate. Section 8 . Said Act is further amended by striking section 35, relating to physical and mental examination of persons, in its entirety and substituting in lieu thereof a new section 35, to read as follows: Section 35. Physical and Mental Examination of Persons. (a) Order for Examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. Physical and Mental Examinations, Order. (b) Report of Examining Physician. (1) If requested by the party against whom an order is made under section 35(a) or the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. Same, report.

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(2) Any party shall be entitled, upon request, to receive from the party whose physical or mental condition is in issue, or who is in control of, or has legal custody of, a person whose physical or mental condition is in issue, a report of any and every examintion, previously or thereafter made, of the condition in issue unless, in the case of a report of examination of a person not a party, the party shows that he is unable to obtain it. (3) The court on motion may make an order against a party requiring delivery of a report under subsection (b) (1) or (b) (2) hereof on such terms as are just, and if a physician fails or refuses to make a report the court may exclude his testimony if offered at the trial. (4) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other action involving the same controversy, regarding the testimony of every other person who has examined, or may thereafter examine, him in respect to the same mental or physical condition. (5) This subsection applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subsection does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other section of this Act. Section 9 . Said Act is further amended by striking section 36, relating to admission of fact and of genuineness of documents, in its entirety and substituting in lieu thereof a new section 36, to read as follows: Section 36. Requests for Admission. (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of section 26(b) which are set forth in the request and that relate to statements or opinions of fact or of the application

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of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Requests for Admission. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he stated that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of section 37(c), deny the matter or set forth reasons why he cannot admit or deny it. The party who has requested the admissions may move to determine the sufficiency of the answers or objections.

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Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this section, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of section 37 (a) (4) shall apply to the award of expenses incurred in relation to the motion. (b) Effect of Admission. Any matter admitted under this section is conclusively established unless the court, on motion, permits withdrawal or amendment of the admission. Subject to the provisions of section 16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under this section is for the purpose of the pending action only and is not an admission by him for any other purpose, nor may it be used against him in any other proceeding. Same, Effect. Section 10 . Said Act is further amended by striking section 37, relating to refusal to make discovery and consequences, in its entirety and substituting in lieu thereof a new section 37, to read as follows: Section 37. Failure to Make Discovery: Sanctions. (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: Failure to make Discovery. (1) Appropriate Court. An application for an order to a party may be made to the court in which the action is pending, or, on matters relating to a deposition, to the court in the county where the deposition is being taken. An application for an order to a deponent who is not a party shall

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be made to the court in the county where the deposition is being taken. Appropriate Court. (2) Motion. If a deponent fails to answer a question propounded or submitted under section 30 or 31, or a corporation or other entity fails to make a designation under section 30 (b) (6) or 31(a), or a party fails to answer an interrogatory submitted under section 33, or if a party, in response to a request for inspection submitted under section 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order. Motion. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to section 26 (c). (3) Evasive or Incomplete Answer. For purposes of the provisions of this Act which relate to depositions and discovery, an evasive or incomplete answer is to be treated as a failure to answer. Answer. (4) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. Expenses. If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion, including attorney's

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fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. (b) Failure to Comply with Order. Failure to comply. (1) Sanctions by Court in County Where Deposition is Taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the county in which the deposition is being taken, the failure may be considered a contempt of that court. Court sanctions. (2) Sanctions by Court in Which Action is Pending. If a party or an officer, director, or managing agent of a party or a person designated under section 30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subsection (a) of this section or section 35, the court in which the action is pending may make such orders in regard to the failure as are just, and, among others, the following: (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence; (C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;

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(D) In lieu of any of the foregoing orders, or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination; (E) Where a party has failed to comply with an order under section 35(a) requiring him to produce another for examination, such orders as are listed in subparagraphs (A), (B), and (C) of this paragraph, unless the party failing to comply shows that he is unable to produce such person for examination. In lieu of any of the foregoing orders, or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him, or both, to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (c) Expenses on Failure to Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under section 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that (1) the request was held objectionable pursuant to section 36(a), or (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe that he might prevail on the matter, or (4) there was other good reason for the failure to admit. Expenses. (d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under section 30(b)(6) or 31(a) to testify on behalf of a party fails (1) to appear before the officer who is to take his deposition.

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after being served with a proper notice, or (2) to serve answers or objections to interrogatories submitted under section 33, after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under section 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and, among others, it may take any action authorized under subparagraphs (A), (B), and (C) of paragraph (b) (2) of this section. In lieu of any order, or in addition thereto, the court shall require the party failing to act or the attorney advising him, or both, to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. Failure to attend. The failure to act described in the provisions of this Act which relate to depositions and discovery may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by section 26(c). Section 11. Said Act is further amended by striking section 45, relating to subpoenas for taking depositions and place of examination, in its entirety and substituting in lieu thereof a new section 45, to read as follows: Section 45. Subpoena for Taking Depositions; Place of Examination. (a) The clerk of the superior court of the county in which the action is pending, or the clerk of any court of record in the county where the deposition is to be taken, shall issue subpoenas for the persons sought to be deposed, upon request. Subpoenas shall be issued and served in accordance with the provisions of law now or hereafter governing issuance of subpoenas for attendance at court. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by section 26(b), but in that event

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the subpoena will be subject to the provisions of section 26(c), or the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. Subpoena. The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance, if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move, upon notice to the deponent, for an order at any time before or during the taking of the deposition. Provided, that nothing in this section 45 shall be construed as requiring the issuance of a subpoena to compel a party to attend and give his deposition or produce documents at the taking of his deposition where a Notice of Deposition under section 30 has been given or a Request under section 34 has been served, such Notice or Request to a party being enforceable by Motion under section 77. (b) A person who is to give a deposition may be required to attend an examination (1) In the county wherein he resides or is employed or transacts his business in person; (2) In any county in which he is served with a subpoena while therein; (3) At any place which is not more than 30 miles from the county seat of the county wherein the witness resides, is employed, or transacts his business in person. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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CRIMINAL PROCEDUREPROVISION MADE FOR CHANGE OF VENUE IN CRIMINAL TRIALS. Code Chapter 27-12 Amended. No. 1147 (Senate Bill No. 310). An Act comprehensively and exhaustively revising and superseding Code Chapter 27-12 of the Code of 1933 (Code sections 27-1201 through 1203), relating to the change of venue in criminal trials, so as to provide for repeal of Code Chapter 27-12; to provide for change of venue in all criminal trials wherein a trial by jury is provided; to provide for the procedure for change of venue; to provide for the transfer of court records; to provide for appellate procedure; to provide for the subpoenaing of witnesses; to provide for a subsequent change of venue; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, and superseding, Code Chapter 27-12 of the Code of 1933 (Code Sections 27-1201 through 1203), relating to change of venue in criminal trials, by repealing Code Chapter 27-12 in its entirety and substituting in lieu thereof the following new Code sections: Section 27-1201. The defendant in any criminal case wherein trial by jury is provided may move, by petition in writing, for a change of venue, whenever, in his judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral testimony in support of or against the motion; and if, from the evidence submitted, the court shall be satisfied that an impartial jury cannot be obtained to try the case, the judge shall transfer it to any county that may be agreed upon by the prosecuting attorney and the defendant or his counsel, to be tried in the

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county agreed upon. If a county is not thus agreed upon, the judge shall select such county as, in his judgment, will affor a fair and impartial jury to try the case, and have it transferred accordingly. The judge of the court wherein whose jurisdiction a crime is alleged to have been committed may change the venue for trial of said case, on his own motion, with or without petition, whenever, in his judgment, there is danger of violence being attempted to be committed on said accused, if carried back, or allowed to remain in the county where the crime is alleged to have been committed. If a motion by petition shall be made by the accused for a change of venue, said judge shall hear the same at such time and place as he may direct; and if the evidence submitted shall reasonably show that there is probability or danger of violence, then it shall be mandatory on said judge to change the venue to such other county as, in his judgment, will reasonably avoid violence. Code 27-1201 enacted. Section 27-1202. Appeals from the denial of a change of venue shall be governed by the provisions of the Appellate Practice Act (Ga. L. 1965, p. 18, et seq., as amended). Code 27-1202 enacted. Section 27-1203. Whenever a change of venue is had, the clerk of the court from which the case has been transferred shall send to the court to which the case has been transferred a transcript of the order for the change of venue, the evidence before the courts of inquiry, a list of all the witnesses subpoenaed in the case, and all other papers connected with the case. The clerk of the court selected to try the case shall issue subpoenas to aid witnesses and such others as may be applied for by either party. Code 27-1203 enacted. Section 27-1204. If it should be made to appear to the judge, presiding in the court to which a case has been transferred, that a fair and impartial jury cannot be had therein, he shall, in the manner prescribed in section 27-1201, transfer the case to some other county where a fair and impartial jury can be had to try it. Code 27-1204 enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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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. Approved March 27, 1972. EDUCATIONJUNIOR COLLEGE ACT OF 1958 AMENDEDACADEMIC YEAR CHANGED. No. 1148 (Senate Bill No. 345). 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), and an Act approved March 23, 1970 (Ga. L. 1970, p. 645), 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), and an Act approved March 23, 1970 (Ga. L. 1970, p. 645), is hereby amended by striking from section 5 the following: $400.00 and substituting in lieu thereof the following: $500.00, so that when so amended section 5 shall read as follows: 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

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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 $500.00 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. Academic year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The additional funds herein provided for shall not be effective until the same shall be appropriated by the General Assembly. Funds. Approved March 27, 1972. TRIAL JUDGES AND SOLICITOR'S RETIREMENT FUND ACT AMENDEDCERTAIN JUVENILE COURT JUDGES INCLUDED. No. 1149 (Senate Bill No. 357). An Act to amend an Act known as the Trial Judges and Solicitors Retirement Fund Act approved March 11, 1968 (Ga. L. 1968, p. 259), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 929), and by an Act approved April 1, 1971 (Ga. L. 1971, p. 335), so as to provide that certain juvenile court judges shall be members of said Retirement Fund; 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 Trial Judges and Solicitors Retirement Fund Act approved March 11, 1968 (Ga. L. 1968, p. 259), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 929), and by an Act approved April 1, 1971, (Ga. L. 1971, p. 335), is hereby amended by redesignating

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subsections (c), (d) and (e) of section 2 as subsections (d), (e) and (f) and by adding a new subsection to section 2 to be designated subsection (c) and to read as follows: (c) `Juvenile Court Judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Chapter 24A-2, relative to the creation of juvenile courts, of the Juvenile Court Code of Georgia, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement on pension systems created by local law. Juvenile court judge defined. Section 2. Said Act is further amended by adding a new subsection at the end of section 8 to be designated subsection (e) and to read as follows: (e) Any person holding office as a juvenile court judge on June 30, 1972, or who becomes a juvenile court judge at the time after June 30, 1972, shall be a member of the Trial Judges and Solicitors Retirement Fund and shall begin making employee contributions to said Fund as provided for hereinafter. Any such juvenile court judge holding office on June 30, 1972, shall become a member of said Fund as of July 1, 1972, but shall not be eligible to receive any credit under said Fund for any prior service as a juvenile court judge. Member. Section 3. Said Act is further amended by inserting a new section between sections 11 and 12 to be designated section 11A and to read as follows: Section 11A. The basis for employer and employee contributions to said Fund with repect to juvenile court judges shall be the salary paid to said judges by the governmental units paying the cost of the operation of the juvenile courts unless such salary exceeds the State salary paid to superior court judges, as now or hereafter fixed by law, in which event the basis for such employer and employee contributions shall be the same as the State salary paid to judges of the superior courts. Except as otherwise provided herein, the

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provisions of section 14 of this Act, relative to judges and solicitors of inferior courts who are compensated by salaries, shall apply to juvenile court judges. Contributions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. TRIAL JUDGES AND SOLICITORS RETIREMENT ACT AMENDEDCERTAIN DISTRICT ATTORNEYS CONTRIBUTION BASIS CHANGED. No. 1150 (Senate Bill No. 358). An Act to amend an Act known as the Trial Judges and Solicitors Retirement Fund, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 929), and by an Act approved April 1, 1971 (Ga. L. 1971, p. 335), so as to change the provisions relative to the basis for employer and employee contributions for district attorneys; to provide for all matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Trial Judges and Solicitors Retirement Fund, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 929), and by an Act approved April 1, 1971 (Ga. L. 1971, p. 335), is hereby amended by striking subsection (a) of section 11 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The basis for employer and employee contributions to said Fund with respect to judges of the superior courts and district attorneys shall be the salaries from State funds provided by law for such judges and district attorneys, and the State Treasurer is hereby authorized and directed to

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deduct monthly from such salaries ten percent of such amount to cover employee contributions to the Fund. The State Treasurer is also directed to make an additional deduction to cover the required employee tax for Social Security coverage. The State Treasurer is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, the required employer contribution for Social Security coverage on said judges and district attorneys. From funds appropriated or otherwise available for the operation of superior courts, the State Treasurer is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions which shall be equal to the amount contributed monthly by the superior court judges and district attorneys. Basis. Section 2. This Act shall become effective on January 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. ACT PROHIBITING LOCAL GOVERNMENT OFFICERS, ETC., FROM SELLING TO POLITICAL SUBDIVISIONS AMENDED. Code 26-2306(b) Amended. No. 1151 (Senate Bill No. 359). An Act to amend Code Section 26-2306, relating to officers or employees selling to governments or political subdivisions, so as to provide for exceptions from the prohibitions against local government officers or employees selling to political subdivisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code section 26-2306, relating to officers or employees selling to governments or political subdivisions, is hereby amended by striking the period at the end of subsection (b) of said Code section and inserting in lieu thereof the following: ; provided, however, that the provisions of this subsection shall not apply to any sales of less than $50.00 per calendar quarter or sales made pursuant to sealed competitive bids made by an officer or employee of a political subdivision or agency thereof, either for himself or in behalf of any business entity., so that when so amended, subsection (b) of Code section 26-2306 shall read as follows: (b) Local Government Officer or Employee Selling to Political Subdivision. Any officer or employee of a political subdivision or agency thereof, who for himself or in behalf of any business entity sells any personal property to the political subdivision of which he is an officer or employee or to any agency thereof, shall, upon conviction, be punished by imprisonment for not less than one nor more than five years; provided, however, that the provisions of this subsection shall not apply to any sales of less than $50.00 per calendar quarter or sales made pursuant to sealed competitive bids made by an officer or employee of a political subdivision or agency thereof, either for himself or in behalf of any business entity. Code 26-2306(b) amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA AMENDEDCERTAIN MESSENGERS AND DOORKEEPERS INCLUDED. No. 1152 (Senate Bill No. 364). 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 March 18, 1971 (Ga. L. 1971, p. 109), so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Representatives within the provisions of subsection (13) of section 3 of said Act as amended; 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 March 18, 1971 (Ga. L. 1971, p. 109), is hereby amended by striking the second paragraph of subsection (13) of section 3 which reads as follows: On and after the passage of this Act, all future members of the General Assembly, the Secretary of the Senate and the Clerk of the House of Representatives, shall upon taking office, thereby become a member of the Employees' Retirement System of Georgia, but shall not be eligible for membership in the Georgia Legislative Retirement System., and inserting in lieu thereof the following: On and after the passage of this Act, all future members of the General Assembly, the Secretary of the Senate, the Clerk of the House of Representatives, and the Messenger and Doorkeeper of each of the two Houses of the General Assembly, shall, upon taking office, thereby become a member of the Employees' Retirement System of Georgia, but shall not be eligible for membership in the Georgia Legislative Retirement System. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972.

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ARCHITECTSEXAMINATIONRESIDENCE REQUIREMENTS CHANGED. Code 84-303 Amended. No. 1153 (Senate Bill No. 368). An Act to amend Code section 84-303, relating to the qualifications, age, citizenship and character of applicants for registration as architects, as amended, particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 602), so as to delete the requirement that an applicant for examination be a citizen of the United States; to provide in lieu thereof that he be a resident of Georgia for at least twelve months and have a declaration of intention to become a citizen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-303, relating to the qualifications, age, citizenship and character of applicants for registration as architects, as amended, particularly by an Act approved March 9, 1955 (Ga. L. 1955, p. 602), is hereby amended by striking the first paragraph of said Code section in its entirety and by inserting in lieu thereof a new first paragraph of Code section 84-303, to read as follows: 84-303. Qualifications, age and character of applicant for registration as architect. Examinations by Board.Any citizen of the United States, or, if not a citizen, a person who has resided in the State of Georgia for not less than twelve months and who has filed a declaration of intention to become a citizen, being at least twenty-one years of age and of good moral character, may apply through the Joint Secretary, State Examining Boards, to the State Board for Examination, Qualification and Registration of Architects for such examination as shall be requisite for such certification under this Chapter if qualified as set forth in subsection

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(a) of this section or for a certificate of registration if qualified as set forth in subsection (b) of this section. Code 84-303 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDGROSS INCOME REPORTING CHANGED. No. 1156 (Senate Bill No. 417). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 4, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that all employee contributions toward retirement allowances, social security benefits and group term life insurance shall be included in employee gross income reported for federal and state income tax purposes; to state the legislative intent; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 4, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new section at the end thereof, to read as follows: Any other provision of law to the contrary notwithstanding, all employee contributions toward retirement allowances, social security benefits and group term life insurance shall be included in employee gross income reported for federal and state income tax purposes. This Act shall not pertain to employer contributions as distinguished from employee contributions. Gross income. Section 2. This Act shall become effective on July 1, 1972. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. BICYCLESCRIMESNEW BICYCLES MUST BE EQUIPPED WITH REFLECTOR PEDALS. No. 1159 (Senate Bill No. 426). An Act to provide that it shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or such pedals are equipped with a reflector, of a type approved by the Department of Public Safety; to provide that the reflector on each such pedal shall be visible from the front and rear of the bicycle during darkness from a distance of 200 feet; to provide for penalties; 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. It shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or such pedals are equipped with a reflector, of a type approved by the Department of Public Safety. The reflector on each such pedal shall be so designed and situated so as to be visible from the front and rear of the bicycle during darkness from a distance of 200 feet. The Director of Public Safety is hereby authorized to promulgate rules and regulations and establish standards for such reflectors. Reflector pedals. Section 2. The provisions of section 1 shall not apply to any bicycle purchased by a retailer for the purpose of resale prior to July 1, 1972. Section 3. All bicycles with 13 inch wheels or less and all pedals sold for use on bicycles with 13 inch wheels or less shall not be subject to the provisions of this Act. Exemption.

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Section 4. 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. Penalty. Section 5. This Act shall become effective on January 1, 1973. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. ROME JUDICIAL CIRCUITINVESTIGATOR PROVIDED, ETC. No. 1160 (Senate Bill No. 505). An Act to provide for an investigator for the office of the District Attorney of the Rome Judicial Circuit; to provide for the powers, duties, term of office, payment of compensation and expenses connected therewith; to provide for such investigator to be bonded; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The District Attorney of the Rome Judicial Circuit is hereby authorized to employ an investigator. The District Attorney shall fix the compensation to be received by said investigator, but not to exceed twelve thousand dollars ($12,000.00) per annum, which compensation shall be paid in equal monthly or semi-monthly installments from the funds of Floyd County. It shall be within the sole power and authority of said district attorney during his term of office to designate and name the person who shall be employed as the investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. The said investigator shall have the same power to make arrests, to execute and

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return all criminal warrants and processes and serve as a peace officer and perform the same duties as may be performed by a sheriff. Investigator. The expenses connected with the furnishing of the investigator as provided for herein shall be met out of county funds. The governing authority of Floyd County is authorized to furnish such supplies, equipment, automobiles, office space and to provide for the reimbursement of such other miscellaneous expenses as shall be required or incurred in connection with the official duties of said investigator. Expenses. Said investigator shall be bonded under the same terms and conditions as other peace officers of Floyd County, Georgia. Bond. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 session of the General Assembly of Georgia, a bill to provide for an investigator for the District Attorney of the Rome Judicial Circuit and for the procedures connected therewith; and for other purposes. This 7th day of January, 1972. /s/ Sam W. Doss, Jr. Senator, 52nd District /s/ Sidney Lowrey Representative 9th District - Post 1 /s/ John Adams Representative 9th District - Post 2 /s/ E. B. Toles Representative 9th District - Post 3

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam W. Doss, Jr. who, on oath, deposes and says that he is Senator from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 13, 20, and 27, 1972. /s/ Sam W. Doss, Jr. Senator, 52nd District Sworn to and subscribed before me, this 28th day of January, 1972. /s/ Bobbie H. Hayes Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. Approved March 27, 1972. COOPERATIVE EDUCATIONAL SERVICE AGENCIES ACT. No. 1166 (Senate Bill No. 538). An Act to provide for the establishment of Cooperative Educational Service Agencies; to provide for a short title; to provide for definitions; to provide for the establishment of cooperative education service areas; to provide for Boards of Control; to provide for all matters relative to the foregoing; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Short Title. This Act shall be known and may be cited as the Cooperative Educational Service Agencies Act. Section 2. Purpose and Objectives. The purpose of this Act is to establish Cooperative Educational Service Agencies for the purpose of sharing services which are designed to improve the effectiveness of the educational programs of member local school systems. Section 3. Definitions. The following words and terms, when used in this Act, shall have the following meanings unless the context clearly requires a different meaning. (a) A cooperative education service area, hereinafter referred to as service area, means a geographical area which shall contain more than a single county and which can be effectively and efficiently served by a single agency designed to share services across local school system lines. (b) A Cooperative Educational Service Agency, hereinafter referred to as CESA, means the agency designed to provide and administer services and programs that cross local school system lines within the service area. (c) Cooperative Educational Service Agency staff, hereinafter referred to as staff, means the persons employed by a single CESA. (d) Local school system means any county or independent school system of Georgia. Section 4. Cooperative Education Service Areas. The State Board of Education shall establish service areas designed to provide the service needs of all of the State's existing local school systems. The initial establishment of cooperative educational service areas shall be substantially within the framework of the standard districts for the administration and planning of State and Federal programs, as approved on August 6, 1971, by the State Planning and Community Affairs Policy Board.

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Section 5. Establishment of Cooperative Educational Service Agencies. The State Board of Education shall adopt rules, regulations, procedures, standards and criteria for the establishment and operation of CESA's and shall establish a CESA to serve the local school systems within each service area in accordance with these rules, regulations, procedures, standards and criteria. Section 6. Board of Control. (a) Each CESA shall be governed by a Board of Control. Each such Board of Control shall be composed of a local school system board member or the system superintendent as designated by each participating member local school system board of education. The Board of Control shall elect from its membership a chairman, vice chairman and any other officers needed to function effectively. The CESA Director, provided for by section 7 of this Act, shall serve as secretary and executive officer to the Board of Control, but he shall not be a voting member thereof. (b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local school system boards of education shall be applicable to CESA's and their Boards of Control, unless explicitly stated otherwise in this Act. No Board of Control shall hold title to real property or levy or collect any taxes. No Board of Control shall expend or contract to expend any funds beyond the amount of funds that the Board of Control is legally authorized to receive and will, in fact, receive. Each Board of Control shall submit an annual report and an annual budget to the State Board of Education, in the manner prescribed by the State Board of Education, for review and approval. (c) The Georgia Department of Education shall be responsible for determining that the activities of each CESA and its Board of Control conform to both Constitutional and State laws, as well as the policies and regulations of the State Board of Education. The State Superintendent of Schools will prepare an annual report to the General Assembly, giving an assessment of the status and achievements of the shared service programs in the State.

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(d) Boards of Control shall determine needs of school children in the area served by each CESA, establish priorities from those needs, and allocate resources accordingly. Boards of Control shall annually review the progress and cost efficiency of CESA's in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relating outputs to dollar inputs. Boards of Control shall determine the procedures and activities of each CESA as related to the achievement of locally established objectives. Boards of Control shall likewise establish job descriptions, personnel qualifications, salary scales, and work schedules in terms of locally established priorities. (e) The State Board of Education shall be responsible for developing procedures which shall maintain existing shared service to local school systems which are being transferred from an existing shared service project into a newly formed CESA. The Board of Directors of Shared Service Projects existing on June 30, 1972, shall be responsible for the assignment of and/or transfer of programs, personnel, equipment, materials and property assigned to existing shared service projects, and the State Board of Education shall hear any unresolved claims of local school systems which arise. The decision of the State Board of Education shall be final. Section 7. Director. Each Board of Control shall appoint and contract with a Director who shall be the administrative and professional head of the CESA. The Director shall be responsible for administration of programs and services approved by the Board of Control and shall be the fiscal agent of said Board. Section 8. Member School System. All local school systems located within a service area may become a member of the CESA serving that area, but a local school system shall not be considered a member of the CESA unless it is participating in one or more of the CESA's service programs or the local school system board of education has expressed its intent that the local school system plans to participate in one or more programs in the near future.

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Section 9. Financing CESA's. From funds appropriated to the State Board of Education for such purpose, each CESA shall receive a basic annual allotment of State funds. The allocation of State funds to each CESA for fiscal year 1972-73 will be no less than the allocation of State funds to the respective Shared Service Project for fiscal year 1971-72, unless the services to be provided by the CESA in fiscal year 1972-73 shall be less than services provided by the respective Shared Service Project in fiscal year 1971-72 and provided that the appropriation for such purpose for fiscal year 1972-73 is not less than the appropriation for fiscal year 1971-72. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these service programs, upon a contract approval basis, may be derived from local, State, federal or private sources. A CESA may not receive directly from the State Board of Education any State funds originally intended or directed by statutes to local school system boards of education. The State Board of Education shall request annually of the General Assembly those funds needed for the maintenance and operation of CESA's. All State funds appropriated by the General Assembly for the purpose of financing the CESA's shall be administered by the State Board of Education. Section 10. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no matter affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. Effective Date. For the purpose of making the necessary preparations to implement the provisions of this Act, it shall become effective upon the approval of this

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Act by the Governor or upon its becoming law without his approval, but for all other purposes, this Act shall be effective on July 1, 1972. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. PROFESSIONAL PRACTICES COMMISSION ACT AMENDED. No. 1167 (Senate Bill No. 549). An Act to amend an Act creating a Professional Practices Commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other regularly recognized professions, approved April 19, 1967 (Ga. L. 1967, p. 840), as amended by an Act approved March 18, 1968 (Ga. L. 1968, p. 330), so as to provide that the commission shall have the power to compel the attendance of any witness at any hearing of the commission by a subpoena; to change the provisions relative to the financing of the commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Professional Practices Commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other regularly recognized professions, approved April 19, 1967 (Ga. L. 1967, p. 840), as amended, by an Act approved March 18, 1968 (Ga. L. 1968, p. 330), is hereby amended by adding to the end of subparagraph (b) of subsection (5) of section 2 the following: The commission shall have the power to compel the attendance of any teacher against whom a sworn complaint

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has been filed at any hearing of the commission by a subpoena, or any other necessary witness. The costs of securing the attendance of such persons, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior courts. There shall be no power to cite or punish by contempt, or otherwise, any person for failure to obey such subpoena and such subpoena shall so state. Subpoena. Section 2 . Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The function of the commission is deemed to be in furtherance of educational purposes and the commission shall be authorized to accept gifts and grants for this purpose. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. BANKSCERTAIN AUTHORITY TO MAKE REAL ESTATE LOANS PROVIDED. Code 13-2015 Amended. No. 1170 (Senate Bill No. 555). An Act to amend Code section 13-2015, relating to limitations on real estate loans, as amended, so as to provide that any State banking corporation may make certain real estate loans upon real estate held as investment or for the purchase of real estate or for the improvement thereof; to provide that loans secured by real estate shall be in the form of an obligation or obligations secured by a trust deed, security deed, deed of trust, mortgage or other instrument upon real estate, and any State banking corporation

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may purchase any obligation so secured, in whole or in part, prior to the maturity of such obligation; to change the percentage which may be loaned in case of loans which provide for a regular amortization thereof; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 13-2015, relating to limitations on real estate loans, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 13-2015, to read as follows: 13-2015. Any State banking corporation may make real estate loans, secured by first liens or other collateral requirements as may be authorized and prescribed by the State Department of Banking, upon real estate held as investment, or for the purchase of real estate, or for the improvement thereof. A loan secured by real estate within the meaning of this Section shall be in the form of an obligation or obligations secured by a trust deed, security deed, deed of trust, mortgage or other instrument upon real estate, and any State banking corporation may purchase any obligation so secured, in whole or in part, at any time or times prior to the maturity of such obligation. The amount of such loan shall not exceed sixty percent (60%) of the fair market value of such real estate; provided, that in case of loans which provide for a regular amortization thereof, no such bank shall lend more than ninety percent (90%) of the fair market value of such real estate; and the aggregate amount of such loans for any single bank shall at no time exceed the amount of its savings and time deposits or the combined total of its capital and surplus, whichever is greater; provided, further, that this Section shall not apply to temporary loans or regular commercial transactions secured, in whole or in part, by real estate, or where the total amount of any single loan matures in three (3) years or less and does not exceed two percent (2%) of the combined capital and surplus of the bank or ten thousand dollars ($10,000.00), whichever is less; provided, further, that the

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limitation or proviso that no State banking corporation shall lend upon real estate held as an investment, or for the purchase of real estate, or the improvement thereof, more than sixty percent (60%) or ninety percent (90%) of the fair market value of such real estate, as the case may be, shall not apply to any loan which the Federal Housing Administrator insures or makes a commitment to insure or to any loan which the Administrator of Veterans Affairs guarantees or makes a commitment to guarantee; or to any loan in excess of ninety percent (90%) but not more than one hundred percent (100%) of fair market value of such real estate as to which a mortgage guaranty insurance company licensed to do business in Georgia insures or makes a commitment to insure an amount thereof equal to twenty percent (20%) of the outstanding principal balance of said loan for the first ten (10) years thereof. Code 13-2015 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 27, 1972. WILLSORIGINAL VOUCHERS NEED NOT BE FILED WITH ANNUAL RETURNS, ETC. Code Title 113 Amended. No. 1171 (Senate Bill No. 559). An Act to amend Code Title 113, relating to wills, descent, and administration of estates, as amended, so as to relieve all persons, certain national banking associations, state banks and trust companies from filing the original vouchers with the annual returns of administrators, executors, guardians, and trustees; to provide that the returns of national banking associations, state banks and

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trust companies when acting as administrators, executors, guardians, or trustees shall bear a certificate that the original vouchers were compared with the return and that each item listed on the return is correct; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 113-1409, relating to the filing of annual returns and vouchers, is hereby repealed in its entirety. Code 113-1409 repealed. Section 2 . Code section 113-1410, relating to the filing of original vouchers, with annual returns is hereby repealed in its entirety. Code 113-1410 repealed. Section 3 . Code section 113-1415, relating to the annual returns of administrators, executors, guardians, trustees, and other fiduciaries, the time of making such returns, contents, and vouchers, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 113-1415, to read as follows: 113-1415. Annual returns of administrators, executors, guardians, trustees, and other fiduciaries; time of making, contents, vouchers, receipts for agricultural products. Within 60 days after the anniversary date of his qualification, in each year, every administrator, executor, guardian and trustee and other fiduciary now required by the laws of this State to make annual returns, shall make a true and just accounting upon oath of his receipts and expenditures in behalf of the estate during the year preceding such anniversary date of qualification, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of such estate. With this return the original vouchers shall be filed showing the correctness of each item; and, at the option of the executor or administrator, copies of all the vouchers may be attached. The original vouchers shall remain in the ordinary's office 30 days. If any of the receipts shall be for cotton, corn or other products sold, the

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voucher shall show the cost of each, the price at which it was sold, the name of purchaser and the time of sale. Code 113-1415 amended. All persons, national banking associations, state banks and trust companies, when acting as administrators, executors, guardians, and trustees, are hereby relieved from filing with the returns the original vouchers showing the correctness of each item, and in lieu thereof shall attach an affidavit stating that the original vouchers were compared to each item on the return, and that the return is correct. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. PUBLIC PROPERTYCERTAIN COUNTY PROPERTY MAY BE EXCHANGED. Code 91-804A Amended. No. 1176 (Senate Bill No. 656). An Act to amend Code Section 91-804A of the Code of Georgia, as amended by an Act of the General Assembly of Georgia approved March 28, 1961 (Ga. L. 1961, p. 195), and an Act approved February 16, 1962 (Ga. L. 1962, p. 65), pertaining to the sale of county-owned property, so as to provide that the provision of this section shall not apply to the exchange of any real property belonging to any county in this State for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to said county; to provide that the value of both the property belonging to the county and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code section 91-804A of the Code of Georgia, as amended by an Act of the General Assembly of Georgia approved March 28, 1961 (Ga. L. 1961, p. 195), and an Act approved February 16, 1962 (Ga. L. 1962, p. 65), pertaining to the sale of county-owned property, is hereby amended by adding at the end thereof the following: The provision of this Section shall not apply to the exchange of real property belonging to any county in this State for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to said county; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the county once a week for four weeks. The value of both the property belonging to the county and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said county., so that when so amended, Code section 91-804A shall read as follows: 91-804A. Prior to the sale or disposition of any real property belonging to any county of this State, notice of the contemplated sale or disposition of such property shall be published in the official organ of the county once a week for four weeks. After such publication said property shall be sold at public outcry to the highest bidder for cash in front of the courthouse on the first Tuesday of the month following such publication in the same manner in which sheriff's sales are held. The provision of this Section shall not apply to redemption of property held by any county under a tax deed, the granting of easements, rights-of-way, the sale, conveyance or transfer of road rights-of-way, and the sale, transfer or conveyance to any other body politic. This Act shall not apply to any option to sell or dispose of any real property belonging to any county of this State that was granted by said county prior to March 17, 1959. This Act shall not apply to the sale of any real property

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belonging to any county in this State where the property was by the proper governing authority of the county advertised for ten (10) consecutive days, in the newspaper in which the Sheriff's advertisements for said county are published and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of said advertisement, and an option given in accordance with said sale for the purchaser who had deposited a part of the purchase price to pay the balance within three hundred sixty-five (365) days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961. The provision of this Section shall not apply to the exchange of real property belonging to any county in this State for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to said county; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the county once a week for four weeks. The value of both the property belonging to the county and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said county. Code 804A amended. Section 2. This Act shall become effective upon approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1972. CONVEYANCE OF LAND TO DEVELOPMENT AUTHORITY OF CHATHAM COUNTY AUTHORIZED. No. 107 (Senate Resolution No. 273). A Resolution. Authorizing the State Properties Control Commission to convey to the Development Authority of Chatham County,

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Georgia, a public body corporate and politic, duly organized and existing under the laws of the State of Georgia, and Union Camp Corporation, a corporation domesticated in Georgia, easements for the construction, laying, operating, maintaining, repairing, removing and replacing an outfall structure, diffuser system, pipelines and electrical cables over, under and through certain State-owned property situate in the Savannah River, Chatham County, Georgia; and for other purposes. Whereas, the Development Authority of Chatham County, pursuant to an agreement with Union Camp Corporation, is currently undertaking the construction of a water pollution control project at and near the Savannah paper mill of Union Camp Corporation in Chatham County, consisting of, among other things, a secondary wastewater treatment facility, including an aeration lagoon to be located on Hutchinson Island in the Savannah River cross stream from Union Camp Corporation's paper mill; and Whereas; under rental agreement from the State Properties Control Commission dated September 20, 1971, Union Camp Corporation rented certain river and stream bottom property for the purposes specified in the preamble hereof for the term of one year as limited by law; and Whereas, said rental agreement has been conditioned upon the application to the General Assembly of Georgia for legislation authorizing a more enduring term for such property interests; and Whereas, the acquisition of such easements is essential to said water pollution control project; and Whereas, the grant of such easements will be of definite benefit to the public welfare; and Whereas, such lines and facilities will be located and cross portions of the property of the State of Georgia in the Savannah River situate in Chatham County, Georgia, as aforesaid.

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Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized and empowered to convey to the Development Authority of Chatham County, a public body corporate and politic duly organized and existing under the laws of the State of Georgia, and Union Camp Corporation, a corporation domesticated in Georgia, of Chatham County, Georgia, their successors and assigns, for and in consideration of the premises and the sum of two hundred fifty dollars ($250.00), easements with the right and privilege to use, occupy, employ and enjoy for the purposes of construction, laying, operating, maintaining, repairing, removing and replacing an outfall structure, diffuser system, pipelines and electrical cables in, on, under, over, upon and across certain Savannah River and stream bottom property, to-wit: All those certain areas in the Savannah River, Chatham County, Georgia, consisting of two tracts and being more particularly described as follows: Tract 1: Easement Area for Submarine Pipelines and Electric Control Cables; An area lying between River Mile 16.846 and River Mile 16.884 in the Savannah River, lying adjacent to Hutchinson Island and Union Camp Corporation's mainland properties extending from shoreline to shoreline, having the distance of 200 feet, more or less, between said River Mile Stations and respective distances at the northwestern and southeastern extremities of said area of 870 feet, more or less, and 860 feet, more or less. Tract 2: Easement Area for Outfall and Diffuser System. An area lying between River Mile 17.392 and River Mile 17.449 in the Savannah River, the northeastern extremity thereof lying adjacent to Hutchinson Island, having the distance of 300 feet, more or less, between said River Mile Stations, and from Hutchinson Island,

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extending southwesterly riverward between said River Mile Stations from the now or former meanders of the low-water line of the Savannah River thereat to the new and existing channel lines established by the U. S. Army Corps of Engineers in the Savannah River thereby reached through such extensions. Said River Mile Stations are those of the U. S. Army Corps of Engineers measured from 0 - 0 Mile Station at Fort Pulaski at the mouth of the Savannah River. All the above-described properties are more fully set out and indicated on Drawings ED-2567-12 and ED-2568-12 by Malcolm Pirnie, Inc., White Plains, New York, 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 upon ascertaining that the sum of two hundred fifty dollars ($250.00) has been paid into the State Treasury as set forth in this Resolution, the Chairman of the State Properties Control Commission, acting for and on behalf of the said commission be and he is further authorized and empowered to execute and deliver said easements and other written instruments that may be necessary for the said purposes and said easements 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, and any such instrument or instruments shall be attested by the secretary of said commission. Be it further resolved that these easements being made only for the purposes aforesaid shall continue only so long as the Development Authority of Chatham County and/or Union Camp Corporation, their successors or assigns, continue to maintain and operate said facilities and should said facilities be abandoned or the use thereof discontinued, these easements shall terminate. Approved March 27, 1972.

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JUSTICES OF THE PEACE STUDY COMMITTEE CREATED. No. 108 (Senate Resolution No. 304). A Resolution. Creating the Justices of the Peace Study Committee; and for other purposes. Whereas, justices of the peace are elected by the voters in their respective militia districts and perform valuable public functions, both civil and criminal; and Whereas, the justice of the peace system has loyal supporters and harsh critics; and Whereas, the justices of the peace themselves are aware of the need to update the laws relating to justices of the peace, the desirability of imposing additional qualifications on persons seeking elections as justices of the peace, and the necessity of standardizing forms and procedures utilized in justice courts throughout the State. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Justices of the Peace Study Committee, to be composed of nine members as follows: three Senators, to be appointed by the President of the Senate; three Representatives, to be appointed by the Speaker of the House of Representatives; the President and General Counsel of the Georgia Association of Justices of the Peace and Constables, Inc.; and a member of the State Bar of Georgia, to be appointed by the President thereof. The Committee is hereby authorized to study the laws of this State and other states relating to justices of the peace. The Committee is hereby charged with the responsibility of standardizing the forms and procedures to be used by justices of the peace throughout the State. The Committee shall review the qualifications of justices of the peace of this State and other states and determine whether or not to impose

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additional qualifications on persons seeking election as justices of the peace. The Committee shall be authorized to consult with the Attorney General, the Legislative Counsel, judges of the appellate courts, superior courts and inferior courts of this State during this study. The Committee may conduct such meetings at such times and places and do such other things as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The legislative members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees. The other members of the Committee shall receive no compensation from State funds for their services. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1973 Session of the General Assembly of Georgia on or before December 1, 1972, at which time the Committee shall stand abolished. Approved March 27, 1972. CORRIDOR LOOP STUDY COMMITTEE CREATED. No. 109 (Senate Resolution No. 316). A Resolution. Creating the Corridor Loop Study Committee; and for other purposes. Whereas, there is a great need for a corridor loop highway to be constructed beyond the limits of the existing Interstate 285 Perimeter Highway; and

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Whereas, construction of a corridor loop highway will take approximately ten years; and Whereas, construction on a corridor loop highway should begin as soon as possible as time is of the essence; and Whereas, the construction of a second airport will create severe demands upon the existing highways unless a corridor loop highway is constructed; and Whereas, the construction of a corridor loop highway will allow for disbursement to relieve inner city problems; and Whereas, planning should be made for satellite communities, model cities, and environmental control areas through the ordered construction of a corridor loop highway; and Whereas, the construction of a second airport will allow for disbursement to relieve inner city problems; and Whereas, all the people of Georgia would benefit from the planning and construction of such a corridor loop highway. Now, therefore, be it resolved by the General Assembly that there is hereby created the Corridor Loop Highway Study Committee to be composed of the following members: The State Planning Officer; six members appointed by the Governor who shall be either the Chairman or the Executive Director of each of the following: (1) the Coosa Valley Area Planning and Development Commission, (2) the Georgia Mountains Area Planning and Development Commissions, (3) the North Georgia Area Planning and Development Commission, (4) the Atlanta Regional Metropolitan Planning Commission, (5) the Northeastern Georgia Area Planning and Development Commission, (6) the McIntosh Trail Area Planning and

Page 569

Development Commission, (7) Chattahoochee-Flint Area Planning and Development Commission; the Director or Assistant Director, or their designee, of the State Highway Department; four members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, from the districts through which said corridor loop highway may be constructed; and two members from the Senate, appointed by the President of the Senate, from the districts through which said corridor loop highway may be constructed, and the designee of the Chamber of Commerce of each county in the Atlanta Metropolitan area. At the organizational meeting the Committee shall elect, from its own membership, a Chairman and such other officers as it deems necessary or desirable. Be it further resolved that said Committee shall make a systematic study of the need for such a corridor loop highway; to make a systematic study of the most beneficial location and route for such corridor loop highway; and shall study all matters relative thereto. Said Committee shall coordinate its work and studies with the Area Planning and Development Commissions. Said Committee shall be authorized to consult with such individuals, organizations, associations, and officials, as it deems necessary to effectively carry out its duties and responsibilities. Said Committee is authorized to request and receive assistance from any source. Be it further resolved that each legislative member of the Committee shall be authorized to receive the expenses and allowances provided by law for legislative members of interim committees, but they shall receive the same for not more than 15 days. The non-legislative members of the Committee shall serve without compensation or expense allowances as members of said Committee. Any funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or otherwise available to the Legislative Branch of the Government.

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Be it further resolved that the Committee shall make a report of its findings and recommendations to the regular 1973 Session of the General Assembly and shall stand abolished as of the day the General Assembly convenes in the regular session of 1973. Approved March 27, 1972. RETAIL ELECTRIC SERVICE STUDY COMMITTEE CREATED. No. 110 (Senate Resolution No. 324). A Resolution. Creating the Retail Electric Service Study Committee; and for other purposes. Whereas, rural electric membership corporations and municipalities which furnish retail electric service are not regulated by the Public Service Commission; and Whereas, legislation has been proposed to provide for limited regulation of such electric suppliers by the Public Service Commission; and Whereas, the proposed legislation also authorizes the Public Service Commission to assign geographic areas to electric suppliers or to declare geographic areas to be unassigned; and Whereas, it appears that further study and consideration is needed to properly develop legislation relative to the electric industry in Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Retail Electric Service Study Committee, to be composed of twelve members as follows: three Representatives, to be appointed by the Speaker of the House of Representatives;

Page 571

three Senators to be appointed by the President of the Senate; the President of the Georgia Power Company or his designee; the General Counsel of the Georgia Power Company or a member of his staff designated by him; the President of the Rural Electric Membership Corporations of Georgia or his designee, and a legal representative designated by the President; the President of the Georgia Municipal Association or his designee; and the General Counsel of the Georgia Municipal Association or a member of his staff designated by him. The Committee is hereby authorized to study the laws of this State and other states relative to retail electric service. The Committee is hereby authorized to consult with the members of the Public Service Commission during this study. The Public Service Commission shall cooperate to the fullest extent with the Committee. The Committee may conduct such meetings at such times and places and do such other things as it may deem necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The legislative members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees. The other members of the Committee shall receive no compensation from State funds for their services. The funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the 1973 Session of the General Assembly of Georgia on or before December 1, 1972, at which time the Committee shall stand abolished. Said Committee is directed to submit to the General Assembly which convenes in 1973, proposed legislation which embraces its recommendations. Approved March 27, 1972.

Page 572

GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATIONNEW NAME FOR GEORGIA PRISON INDUSTRIES. No. 1177 (House Bill No. 1236). An Act to amend the Georgia Prison Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880), as amended, so as to change the name of the Georgia Prison Industries Administration to the Georgia Correctional Industries Administration; to provide the procedure connected therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Prison Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880), as amended, is hereby amended by striking therefrom, wherever they shall appear, the words Georgia Prison Industries and substituting in lieu thereof, the words Georgia Correctional Industries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. DIRECTOR OF PUBLIC SAFETY TO FORMULATE RULES FOR INMATE DRIVERS LICENSES. No. 1178 (House Bill No. 1238). An Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's license, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide that the Director of the Department of Public Safety shall formulate and prescribe the rules and regulations

Page 573

under which licenses to operate certain motor vehicles shall be issued to inmates subject to the custody and jurisdiction of the State Board of Corrections; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's license, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended is hereby amended by adding at the end of section 2 of Article IV the following: The Director of the Department of Public Safety shall formulate and prescribe the rules and regulations under which a special class of operator's license shall be established which will permit an inmate, subject to the custody and jurisdiction of the State Board of Corrections who does not otherwise possess a valid license to operate a motor vehicle, to operate a State or county owned motor vehicle during the time such inmate shall be incarcerated. Such special license shall be revoked, cancelled and surrendered upon the release of the inmate-lcensee from confinement. The Director shall provide the procedure relative to the examination, issuance and revocation of such licenses. Inmate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972.

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PRISONERSESCAPEDREWARD AUTHORIZED FOR INFORMATION LEADING TO ARREST. Code Chapter 27-1 Amended. No. 1179 (House Bill No. 1239). 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 capture of escaped inmates of penal institutions under the jurisdiction of the State Board of Corrections; 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 27-1 relating to proceedings prior to arrest, as amended, is hereby amended by adding one new code section between code section 27-101.2 and 27-102 to be designated code section 27-101.3 and to read as follows: 27-101.3. Reward for information leading to the capture of an escaped inmate of a penal institution under the jurisdiction of the State Board of Corrections. Code 27-101.3 enacted. (a) Any person, other than a law enforcement officer, who furnishes information leading to the capture of an escaped inmate from a penal institution under the jurisdiction of the State Board of Corrections, may receive a reward of up to $200.00 which shall be payable at the time the escaped inmate is returned to the custody of the State Board of Corrections. The Director of Corrections, at his discretion, may pay such reward to any person from funds appropriated or otherwise available to the Department of Corrections. (b) When more than one person furnishes information which would entitle them to receive the rewards pursuant to subsection (a), such reward shall be paid to the first person furnishing such information, and if more than one

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person furnishes such information at the same time, such reward shall be pro-rated among all persons furnishing such information. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. STATE BOARDS, ETC.MEETINGS OPEN TO THE PUBLIC. No. 1180 (House Bill No. 1285). An Act to provide that all meetings of any State department, agency, board, bureau, commission or political subdivision and the governing authority or any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education or other political subdivision at which official actions are to be taken are hereby declared to be public meetings and shall be open to the public at all times; to provide that no resolution, rule, regulation or formal action shall be binding except as taken or made at such meetings; to provide for exceptions; to provide a limitation on actions; to provide that the minutes of such meetings shall be open to public inspection; to provide for injunctions; 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. (a) All meetings of any State department, agency, board, bureau, commission or political subdivision and the governing authority or any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education or other political subdivision at which official actions are to be taken are hereby declared to be public meetings and shall

Page 576

be open to the public at all times. No resolution, rule, regulation or formal action shall be binding except as taken or made at such meetings. Any action contesting a resolution, rule, regulation or formal action on the ground of noncompliance with this law must be commenced within 90 days of the date the resolution, rule or regulation was passed or the formal action was taken. Meetings. (b) The minutes of a meeting of any such department, agency, board, bureau, commission, political subdivision, governing authority or board of education shall be promptly recorded and such records shall be open to public inspection. The superior courts of this State shall have jurisdiction to issue injunctions to enforce the purposes of this Section upon application by any citizen of this State. Minutes. (c) It shall be unlawful for any person who is a member of any department, agency, board, bureau, commission, political subdivision, governing authority or board of education, as defined in subsection (a), to conduct any meeting not held in accordance with the provisions of this section. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $100.00. Violation. Penalty. Section 2. The provisions of this Act shall not apply to the following: (a) While holding staff meetings for investigative purposes under duties or responsibilities imposed by law; Exemptions. (b) The deliberations and voting of the Board of Pardons and Paroles; (c) Meetings of the Georgia bureau of Investigation or any other law enforcement agency in the State; (d) Meetings when any agency or other unit is discussing the future acquisition of real estate; (e) Meetings of any committee of a public hospital when

Page 577

the committee is considering the grant of abortions under Georgia law; (f) Meetings when: (1) any agency or other unit is discussing the appointment, employment, disciplinary action or dismissal of a public officer or employee, or (2) any agency or other unit is hearing complaints or charges brought against a public officer or employee, unless he requests a public meeting. Section 3. The provisions of this Act shall not be construed so as to repeal in any way: Intent. (a) the attorney-client privilege recognized by Georgia law; (b) those tax matters which are otherwise made confidential by Georgia law. The public may be excluded in order to protect these privileges. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. PRISONERSTRAINING PROGRAM INMATES AUTHORIZED TO REPAIR CERTAIN PRIVATELY OWNED PROPERTY, ETC. No. 1182 (Senate Bill No. 395). An Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956

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(Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved April 8, 1968 (Ga. L. 1968, p. 1092), an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), and an Act approved April 7, 1971 (Ga. L. 1971, p. 581), so as to provide that inmate trainees enrolled in any training program authorized and supported by the State Board of Corrections may repair or utilize any privately owned property or equipment as well as any other property or equipment in connection with their training under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved April 8, 1968 (Ga. L. 1968, p. 1092), an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), and an Act approved April 7, 1971 (Ga. L. 1971, p. 581), is hereby amended by striking from subsection (a) of section 22 the following words: Provided, however, inmate trainees enrolled in a vocational training program administered by the State Department of Education may repair and otherwise utilize privately owned vehicles and other equipment in connection with their training when such repairs or utilization do not require additional expenditures in conducting such vocational training programs. and substituting in lieu thereof the following words: Provided, however, inmate trainees enrolled in any vocational, technical, or educational training program authorized and supported by the State Board of Corrections may repair or otherwise utilize any privately owned property or equipment as well as any other property or equipment in connection with the activities of any such training

Page 579

program so long as the repair or utilization contributes to the inmate's acquisition of any desired vocational, technical, or educational skills. so that when amended subsection (a) of section 22 shall read in its entirety as follows: (a) The State Board of Corrections shall provide rules and regulations governing the hiring out of prisoners by any penal institution under its authority to municipalities, cities, the State Highway Department, and any other political subdivision, public authority, public corporation, or agency or state or local government, which are hereby authorized to contract for and receive said prisoners, but said prisoners shall not be hired out to private persons or corporations, nor shall any instrumentality of government hereinbefore authorized to utilize prison labor use such labor in any business conducted for profit, except as provided in Section 13 of this Act. Provided, however, inmate trainees enrolled in any vocational, technical, or educational training program authorized and supported by the State Board of Corrections may repair or otherwise utilize any privately owned property or equipment as well as any other property or equipment in connection with the activities of any such training program so long as the repair or utilization contributes to the inmate's acquisition of any desired vocational, technical, or educational skills. Privately owned property. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. DEPARTMENT OF CORRECTIONACT AUTHORIZING SPECIAL LEAVE OF PRISONERS AMENDED. No. 1183 (Senate Bill No. 396). An Act to amend an Act authorizing the Director of the Department of Corrections to authorize inmates of State penal institutions to take special leave for the purpose

Page 580

of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, approved April 1, 1971, (Ga. L. 1971, p. 342), so as to abolish the requirement that the sentencing judge concur with the Director of the Department of Corrections in authorizing special leave; to abolish the requirement that an inmate on special leave return to his cell each night; to provide that special leaves be set for a determinate period of time; to provide that special leaves may be granted for any purpose which the State Board of Corrections deems beneficial to both the inmate and the public; 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 authorizing the Director of the Department of Corrections to authorize inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, approved April 1, 1971 (Ga. L. 1971, p. 342), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Whenever the warden or superintendent of any State penal institution shall recommend, the Director of the Department of Corrections may authorize special leave to an inmate to leave the institution in which he is incarcerated for participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public. The activity must be such as, in the opinion of the warden or superintendent and Director, will contribute to the rehabilitation process of the inmate involved. In order to be considered for this special leave, the inmate shall be eligible solely upon the concurrence of the warden or superintendent and the Director that positive attitudinal and growth patterns are being established. Under no condition shall any inmate be permitted to leave the State under the provisions of this Section. Special leave.

Page 581

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. All special leaves must be issued in writing, must set a determinate period of duration, and must be signed by both the warden or superintendent and by the Director of the Department of Corrections, and this authority may not be delegated. All such writings must be kept on file in the office of the Director of Corrections. This Act shall not apply to convicted sex offenders. Same, issued in writing. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. A special leave may be granted: (a) For the purpose of: (1) Attending educational programs; Purpose of leave. (2) Improving job skills; (3) Attending trade licensing examinations; (4) Being interviewed for employment; (5) Participating in drug abuse, delinquency or crime prevention programs; (6) Participating as a volunteer for a non-profit organization or governmental agency in an activity serving the general public. (b) For any purpose which the State Board of Corrections deems beneficial to both the inmate and the public. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972.

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BOARD OF CORRECTIONSCERTAIN PRISONERS MAY BE TRANSFERRED TO FEDERAL PRISONS, ETC. No. 1184 (Senate Bill No. 397). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 7, 1961 (Ga. L. 1961, p. 127), an Act approved March 18, 1964 (Ga. L. 1964, p. 489), an Act approved March 18, 1964 (Ga. L. 1964, p. 495), an Act approved March 5, 1964 (Ga. L. 1964, p. 734), an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), and an Act approved April 23, 1969 (Ga. L. 1969, p. 602), so as to authorize the Director of Corrections to transfer prisoners who may be serving his sentence concurrently with a Federal sentence where it is determined that the custody, care, treatment, training, or rehabilitation of such prisoner is not adequate or in the best interest of the prisoner or his fellow inmates; to authorize the State Board of Corrections to contract with the Attorney General of the United States of America for the custody, care, subsistence, housing, treatment, training and rehabilitation of such prisoners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), an Act approved March 7, 1961 (Ga. L. 1961, p. 127), an Act approved March 18, 1964 (Ga. L. 1964, p. 489), an Act approved March 18, 1964 (Ga. L. 1964, p. 495), an Act approved March 25, 1964 (Ga. L. 1964, p. 734), an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), and an Act approved

Page 583

April 23, 1969 (Ga. L. 1969, p. 602), is hereby amended by adding to the end of paragraph 1 of subsection (b) of section 13 of said Act the following: Further, the Director, with the approval of the Board of Corrections, may transfer to the Attorney General of the United States for confinement, any prisoner who may be serving his sentence concurrently with a Federal sentence where it is determined that the custody, care, treatment, training, or rehabilitation of such prisoner is not adequate or in the best interest of the prisoner or his fellow inmates. The State Board of Corrections is authorized to contract with the Attorney General of the United States of America for the custody, care, subsistence, housing, treatment, training and rehabilitation of such prisoners. When so amended, paragraph 1 of subsection (b) of section 13 of said Act shall read as follows: 1. The Director of Corrections may designate as a place of confinement any available, suitable, and appropriate correctional institution or public works camp in this State, operated under the jurisdiction or supervision of the Board of Corrections, anything in such sentence to the contrary notwithstanding. Said Director, with the approval of the State Board of Corrections, shall also have sole authority to transfer prisoners from one correctional institution or public works camp in this State to any other operated by or under the jurisdiction or supervision of or approved by the State Board of Corrections. Neither the Director nor the Board shall have authority to assign male or female prisoners to serve in any manner in a county jail. Further, the Director, witht the approval of the Board of Corrections, may transfer to the Attorney General of the United States for confinement, any prisoner who may be serving his sentence concurrently with a Federal sentence where it is determined that the custody, care, treatment, training or rehabilitation of such prisoner is not adequate or in the best interest of the prisoner or his fellow inmates. The State Board of Corrections is authorized to contract with the Attorney General of the United States of America for the custody, care, subsistence, housing, treatment, training and rehabilitation of such prisoners. Transfer.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. INTERSTATE CORRECTIONS COMPACT ACT. No. 1185 (Senate Bill No. 398). An Act to enact the Interstate Corrections Compact; to provide for the purpose and policy of said Compact; to define the terminology used in said Compact; to establish the required provisions to be contained in any contract entered into pursuant to said Compact; to provide for the procedures and rights arising under said Compact; to provide for reviewability and extradition under said Compact; to provide for the receipt of federal aid under said Compact; to provide for the effective date of said Compact; to provide for withdrawal from or termination of said Compact; to provide that this Compact shall not impair any other penal agreement authorized by law; to provide for construction and severability of said Compact; to authorize the State Board of Corrections to enter into contracts pursuant to this Compact; 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 Interstate Corrections Compact. Section 2. The Interstate Corrections Compact is hereby enacted into law and entered into by this State with any other States legally joining therein in the form substantially as follows: INTERSTATE CORRECTIONS COMPACT Article I Purpose and Policy The party States, desiring by common action to fully utilize and improve their institutional facilities and provide

Page 585

adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party States to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this Compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources. Article II Definitions As used in this Compact, unless the context clearly requires otherwise: (1) State means a State of the United States, the United States of America, a Territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico; (2) Sending State means a State party to this Compact in which conviction or court commitment was had; (3) Receiving State means a State party to this Compact to which an inmate is sent for confinement other than a State in which conviction or a court commitment was had; (4) Inmate means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution; (5) Institution means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (4) above may lawfully be confined.

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Article III Contracts (a) Each party State may make one or more contracts with any one or more of the other party States for the confinement of inmates on behalf of a sending State in institutions situated within receiving States. Any such contract shall provide for: (1) its duration; (2) payments to be made to the receiving State by the sending State for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance; (3) participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom; (4) delivery and retaking of inmates; (5) such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving States. (b) The terms and provisions of this Compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. Article IV Procedures and Rights (a) Whenever the duly constituted authorities in a State party to this Compact, and which has entered into a contract pursuant to Article III, shall decide that confinement

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in, or transfer of an inmate to, an institution within the territory of another party State is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party State, the receiving State to act in that regard solely as agent for the sending State. (b) The appropriate officials of any State party to this Contract shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending State and may at any time be removed therefrom for transfer to a prison or other institution within the sending State, for transfer to another institution in which the sending State may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending State; provided, that the sending State shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under Article III. (d) Each receiving State shall provide regular reports to each sending State on the inmates of that sending State in institutions pursuant to this Compact including a conduct record of each inmate and certify said record to the official designated by the sending State, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending State and in order that the same may be a source of information for the sending State. (e) All inmates who may be confined in an institution pursuant to the provisions of this Compact shall be treated

Page 588

in a reasonable and humane manner and shall be treated equally with similar inmates of the receiving State as may be confined in the same institution. The fact of confinement in a receiving State shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending State. (f) Any hearing or hearings to which an inmate confined pursuant to this Compact may be entitled by the laws of the sending State may be had before the appropriate authorities of the sending State, or of the receiving State if authorized by the sending State. The receiving State shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending State. In the event such hearing or hearings are had before officials of the receiving State, the governing law shall be that of the sending State and a record of the hearing or hearings as prescribed by the sending State shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending State. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving State shall act solely as agents of the sending State and no final determination shall be made in any manner except by the appropriate officials of the sending State. (g) Any inmate confined pursuant to this Compact shall be released within the territory of the sending State unless the inmate, and the sending and receiving States, shall agree upon release in some other place. The sending State shall bear the cost of such return to its territory. (h) Any inmate confined pursuant to the terms of this Compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which

Page 589

he could have participated if confined in any appropriate institution of the sending State located within such State. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending State to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect to any inmate confined pursuant to the terms of this Compact. Article V Acts Not Reviewable in Receiving State: Extradition (a) Any decision of the sending State in respect to any matter over which it retains jurisdiction pursuant to this Compact shall be conclusive upon and not reviewable within the receiving State, but if at the time the sending State seeks to remove an inmate from an institution in the receiving State there is pending against the inmate within such State any criminal charge or if the inmate is formally accused of having committed within such State a criminal offense, the inmate shall not be returned without the consent of the receiving State until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending State shall be permitted to transport inmates pursuant to this Compact through any and all States party to this Compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this Compact shall be deemed a fugitive from the sending State and from the State in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving State the responsibility for institution of extradition or rendition proceedings shall be that of the sending State, but nothing contained herein shall be construed to prevent or effect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

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Article VI Federal Aid Any State party to this Compact may accept federal aid for use in connection with any institution or program, the use of which is or may be effected by this Compact or any contract pursuant hereto and any inmate in a receiving State pursuant to this Compact may participate in any such federally aided program or activity for which the sending and receiving States have made contractual provisions; provided, that if such program or activity is not part of the customary correctional regimen, express consent of the appropriate official of the sending State shall be required therefor. Article VII Entry Into Force This Compact shall enter into force and become effective and binding upon the States so acting when it has been enacted into law by any two States. Thereafter, this Compact shall enter into force and become effective and binding as to any other of said States upon similar action by such State. Article VIII Withdrawal and Termination This Compact shall continue in force and remain binding upon a party State until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the Compact to the appropriate officials of all other party States. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing State from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing State shall remove to its territory, at its own

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expense, such inmates as it may have confined pursuant to the provisions of this Compact. Article IX Other Arrangements Unaffected Nothing contained in this Compact shall be construed to abrogate or impair any agreement or other arrangement which a party State may have with a non-party State for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party State authorizing the making of cooperative institutional arrangements. Article X Construction and Severability The provisions of this Compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any participating State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any State participating therein, the Compact shall remain in full force and effect as to the remaining States and in full force and effect as to the State affected as to all severable matters. Section 3. The State Board of Corrections is hereby authorized to enter into contracts pursuant to this Interstate Corrections Compact and directed to do all things necessary or incidental to the carrying out of this Compact in every particular. Contracts authorized. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972.

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GEORGIA YOUTHFUL OFFENDER ACT OF 1972. No. 1186 (Senate Bill No. 399). An Act to create a Youthful Offender Division of the State Board of Corrections; to provide for the staffing of the Youthful Offender Division; to provide for the powers and duties of the Youthful Offender Division; to provide for the adoption of rules by the Youthful Offender Division; to provide that this shall be an alternative penalty in addition to all other penalties provided by law; to provide for the financing of the Youthful Division; to provide for the facilities to be used by the Youthful Offender Division; to provide for diagnostic treatment; to provide for the applicable periods of incarceration under this Act; to provide for the procedures related to 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 Youthful Offender Act of 1972. Section 2. Definitions. As used in this Act, unless the context otherwise requires, the following definitions apply: (a) Board means the State Board of Corrections. (b) Conviction means a judgment, on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, to a criminal charge where the punishment otherwise provided by law may be imprisonment for at least one year, but excluding all judgments upon criminal offenses to which the maximum punishment provided by law is death or life imprisonment. (c) Court means any court of competent jurisdiction other than a juvenile court. (d) Director means the Director of Corrections. (e) Division means the Youthful Offender Division.

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(f) Treatment means corrective and preventative incarceration, guidance and training designed to protect the public by correcting the anti-social tendencies of youthful offenders, which may include but is not limited to vocational, educational and other training deemed fit and necessary by the division. (g) Youthful Offender means all male and female offenders who are seventeen but less than twenty-five years of age at the time of conviction. Section 3. Creation; Membership: Compensation. There is hereby created within the State Board of Corrections a division to be known as the Youthful Offender Division. The division shall consist of the chairman of the State Board of Corrections, the Director of Corrections, and not less than three other members, not members of the Board, appointed by the Director, such appointments being subject to the approval of the Board. The Board shall set the compensation to be paid to members of the Division, except that the compensation of the chairman of the Board and the Director of Corrections shall be as provided by law, said officials to receive no additional compensation by reason of service upon the Division. Section 4. Adoption of Rules: The Board shall adopt all rules and regulations necessary or convenient to the operation of the Division, except that the Division may recommend to the Board, from time to time, such rules or regulations as it deems necessary or convenient. Section 5. General Powers and Duties. The Division shall meet to consider problems of treatment and correction; it shall consult with and make recommendations to the Director with respect to general treatment and correction policies and procedures for committed youthful offenders; it shall recommend to the Director, orders to direct the release of youthful offenders conditionally under supervision and orders directing the release of such offenders unconditionally; it shall take such further action and recommend such other orders to the Director and the

Page 594

Board as may be necessary or proper to carry out the purposes of this Act. Section 6. Appropriations. All funds to be used in the operation of the Division shall come from the funds appropriated to the State Board of Corrections. Section 7. Facilities and Administrative Support: General. It is not the intent of this Statute to create an independent agency, therefore, all facilities and operational support for the Division shall be provided or allocated by the Director subject to the approval or disapproval of the Board. Such facilities and operational support are to be provided from any facilities, staff, equipment, supplies, or other items under the control, jurisdiction or authority of the Board. Section 8. Facilities: Treatment. (a) Youthful offenders shall undergo treatment in minimum security institutions including training schools, hospitals, farms, forestry and other camps, including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment. (b) The Director may, to the extent necessary, set aside and place under the jurisdiction of the Division such facilities described in subsection (a), as are necessary to carry out the purposes of this Act. (c) To the extent possible, such institutions and facilities shall be used only for treatment of committed youthful offenders, and such youthful offenders shall be segregated from other offenders, and classes of committed youthful offenders shall be segregated according to the needs for treatment. Section 9. Treatment: General. (a) The Director shall cause to be made, a complete study and diagnosis of each youthful offender, including a mental and physical examination. In the absence of exceptional circumstances, each study and diagnosis shall be completed within a period of thirty days. The Director shall forward to the Division

Page 595

a report of the results of the study and diagnosis with respect to each such youthful offender and, his recommendations as to the treatment be afforded such offender. At least one member of the Division, other than the Director, shall as soon as practical after commitment, interview the youthful offender, review all reports concerning him, and make such recommendations to the Division as may be indicated. (b) Upon the receipt of all reports and recommendations required by subsection (a) the Division, subject to final approval or disapproval by the Director, shall: (1) recommend that the committed youthful offender be released conditionally under supervision; or (2) allocate and direct a transfer of the committed youthful offender to an institution or facility for treatment; or (3) order the committed youthful offender confined and afforded treatment under such conditions for the protection of the public. Section 10. Transfer. The Director, or the Division upon reasonable notice to the Director, may at any time after a determination as to the best interest of the youth offender, order the transfer of such offender from one institution or facility to any other institution or facility designated under this Act. Section 11. Release: Conditional. (a) When, in the judgment of the Director, a committed youthful offender should be released conditionally under supervision, he shall so report and recommend to the Division. Upon receipt of such recommendation or, if no such recommendation is received, upon its own recommendation after receipt of the reports and recommendations provided by Section 9(a) of this Act, the Division may, after reasonable notice to the Director, release such youthful offender conditionally under supervision: provided, that all such conditional releases shall be subject to final approval or disapproval by the Director.

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(b) Notwithstanding subsection (a) the youthful offender shall be released conditionally under supervision on the expiration of four years from the date of his conviction. Provided that when the court elects to punish a youthful offender under the provisions of this Act rather than any other applicable penalty provided by law, the youthful offender shall be released conditionally under supervision, not later than one year immediately preceding the expiration of the period of incarceration which would have been applicable if the youthful offender had been incarcerated in accordance with such other penalty, provided by law. Section 12. Release: Unconditional. (a) When in the judgment of the Director, a committed youthful offender should be released unconditionally, he will so report and recommend to the Division. Upon receipt of such recommendation or, if no such recommendation is received, upon its own recommendation after a determination as to the best interest of such offender, the Division may after reasonable notice to the Director, release such youthful offender unconditionally; provided that all such unconditional releases shall be subject to final approval or disapproval by the Director. Provided further that in no circumstances shall such offender be unconditionally released prior to the expiration of one year from the date of his conditional release. (b) Notwithstanding subsection (a) a youthful offender shall be released unconditionally on the expiration of six years from the date of his conviction. Provided that when the court elects to punish a youthful offender under the provisions of this Act rather than any other applicable penalty provided by law, the youthful offender shall be released unconditionally upon the expiration of the period of incarceration which would have been applicable if the youthful offender had been incarcerated in accordance with such other penalty provided by law. Section 13. Release: Supervision. Committed youthful offenders, conditionally released shall be under the supervision of supervisory agents. Such supervisory agents shall be appointed by the Director. The powers and duties of

Page 597

supervisory agents shall be limited and defined by regulations adopted by the Board. Section 14. Release: Revocation and Return. (a) The Director or, the Division subject to the approval or disapproval of the Director, may, upon determination of the best interest of the youthful offender, modify any of its previous orders respecting a committed youthful offender except an order of unconditional release; provided that in the case of a conditional release, subsections (b) and (c) below shall govern. (b) At any time before the unconditional discharge of a committed youthful offender, any member of the Division shall have reasonable grounds to believe that the offender released conditionally under this Act has lapsed into criminal ways, or has violated the terms and conditions of his conditional release in a material respect, such member may issue a warrant for the arrest of such offender. Said warrant shall be returned before him and shall command that such offender be brought before him, at which time he shall examine such offender and admit him to bail conditioned for his appearance before the Division, or if he is not admitted to bail, commit him to jail, pending hearing before the Division. All officers authorized to serve criminal process and all peace officers of this State shall be authorized to execute said warrant. Any supervisory agent, when he has reasonable grounds to believe that the conditionally released youthful offender has violated the terms and conditions of his conditional release in a material respect, shall notify the Division or some member thereof; and proceedings shall thereupon be had as provided herein. (c) As soon as is practicable after the arrest of the youthful offender charged with a violation of the terms and conditions of his conditional release, such offender shall appear before the Division in person and a hearing shall be had in which the State of Georgia and the offender may introduce such evidence as the Division may deem necessary and pertinent to the charge of violation of the terms and conditions of his conditional release. Within a reasonable time thereafter the Division shall make findings upon

Page 598

such charge of violation of the terms and conditions of conditional release and shall enter an order thereon rescinding said conditional release and returning such person to serve the sentence theretofore imposed upon him by this Act or shall enter such other order as it may deem proper; provided, however, that if such offender has been convicted of any crime, whether a felony or a misdemeanor, or has entered a plea of guilty thereto, in a court of record, his conditional release may be revoked without a hearing before the Division. Section 15. Courts. In the event of a conviction of a youthful offender the court may: (a) If the offender is under the age of twenty-one, without his consent sentence the youthful offender indefinitely to the custody of the Division for treatment and supervision pursuant to this Act until discharge; the period of such custody not to be in excess of one year in the case of a misdemeanor nor six years in the case of a felony. If the offender is twenty-one years of age but less than twenty-five years of age he may be sentenced in accordance with this subsection only if he is sentenced thereto in writing. No youthful offender shall be sentenced more than twice under the provisions of this Act. (b) If the court shall find that the youthful offender will not derive from the provisions of this Act, then the court may sentence the youthful offender under any other applicable penalty provision provided by law. Section 16. Limitations. (a) Nothing in this Act shall limit or affect the power of any court to proceed in accordance with any other applicable provisions of law. (b) Nothing in this Act shall be construed in any wise to amend, repeal or affect the jurisdiction of the juvenile court system of this State. (c) Nothing in this Act shall be construed in any wise to amend, repeal or affect the jurisdiction of the Pardons and Paroles Board. For parole purposes a sentence pursuant

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to section 15(a) shall be considered one year in the case of a misdemeanor and six years in the case of a felony. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. DEPARTMENT OF CORRECTIONSCERTAIN OFFICIALS PROVIDED WITH POLICE POWERS. No. 1187 (Senate Bill No. 400). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide for the conferring of all powers of a police officer of this State upon designated officials of the Department of Corrections by the State Board of Corrections, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is hereby amended by striking section 19 of said Act in its entirety and inserting in lieu thereof a new section 19 to read as follows: Section 19. The State Board of Corrections may adopt and promulgate rules and regulations conferring all powers of a police officer of this State, including but not limited to the power to make summary arrests for violations of any of the criminal laws of this State, and the power to carry weapons, upon the Director, any Deputy Director, or departmental investigator of the State Board of Corrections, or

Page 600

any warden, deputy warden, or guard of any prison or public works camp operated under the jurisdiction of the State Board of Corrections, when the Board determines such powers are necessary to the effective performance of duties by the designated officer. Powers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. BOARD OF CORRECTIONSAUTHORITY AND CONTROL GIVEN OVER CERTAIN CONVICTED MINORS. Code 27-2506 Amended. No. 1188 (Senate Bill No. 401). An Act to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, so as to provide that first offenders between the ages of sixteen and eighteen who are adjudicated guilty of a misdemeanor shall be placed under the authority and control of the State Board of Corrections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-2506, relating to the punishment of misdemeanor offenses, as amended, is hereby amended by adding at the end of existing subsection (b) of said section the following new subsection (c) to read: (c) Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed, between the ages of sixteen and eighteen years old, shall be punished by fine not to exceed $1,000 or confined exclusively under the jurisdiction of the State Board of Corrections for a period not to exceed twelve

Page 601

months. Provided that if subsection (c) does not govern, then any person adjudicated guilty of a misdemeanor shall be punished in accordance with subsections (a) or (b), or any other Georgia law applicable., so that said section of the Code when amended shall read as follows: 27-2506. Misdemeanors, how punished.Except where otherwise provided, every crime declared to be a misdemeanor shall be punished either: Code 27-2506 amended. (a) By a fine not to exceed $1,000 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 total term not to exceed twelve months, either a fine or confinement or both; or, (b) By confinement under the jurisdiction of the State Board of Corrections in the State penitentiary, in a public works camp or such other institutions as the Director of Corrections may direct, for a determinant term of months which shall be more than six months but shall not exceed a total term of twelve months. (c) Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed, between the ages of sixteen and eighteen years old, shall be punished by a fine not to exceed $1,000 or confined exclusively under the jurisdiction of the State Board of Corrections for a period not to exceed twelve months. Provided that if subsection (c) does not govern, then any person adjudicated guilty of a misdemeanor shall be punished in accordance with subsections (a) or (b), or any other Georgia law applicable. Either the punishment provided in (a) or (b), but not both, may be imposed in the discretion of the sentencing judge; provided, however, that misdemeanor punishment imposed under (a) or (b) may be subject to suspension or probation but the punishment provided in (b) shall not be subject to suspension or probation wholly or partially upon

Page 602

payment of a fine either directly or indirectly; and provided, further, that the sentencing courts shall retain jurisdiction to amend, modify, alter, suspend or probate sentences under (a) at any time but in no instance shall any sentence under (a) be modified in a manner to place a county prisoner under the jurisdiction of the State Board of Corrections. A person convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000 or by confinement for a specific term not to exceed twelve months or by both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. BOARD OF CORRECTIONSAUTHORIZATION FOR CERTAIN THINGS GIVEN CERTAIN PRISONERS ON RELEASE, ETC. No. 1189 (Senate Bill No. 405). An Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 23, 1969 (Ga. L. 1969, p. 600), so as to provide that the State Board of Corrections shall furnish certain articles of clothing and a sum of money to a prisoner convicted of a felony who did not participate in a work release program under certain circumstances; to provide that the State Board of Corrections shall not furnish the same to a prisoner convicted of a felony who did participate in a work release program unless the Director of Corrections in the exercise of his discretion shall consider it appropriate under certain circumstances; to provide that the county furnish a prisoner convicted of a

Page 603

felony who has been deemed entitled to receive the same when released from a county public works camp, but that the county shall be reimbursed for costs by the State Board of Corrections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 23, 1969 (Ga. L. 1969, p. 600), is hereby amended by striking section 21 in its entirety and adding a new section 21 which shall read as follows: Section 21. (a) When a prisoner convicted of a felony who has not participated in a work release program has completed his term of service and is discharged upon completion of his sentence or is conditionally released or paroled from any State institution, or other place of detention operated under the authority of the State Board of Corrections, or a county public works camp, the Board shall furnish such a prisoner suitable wearing apparel appropriate for the season of the year consisting of a suit, a hat or cap, belt, socks, shoes, shirt, tie and underwear if the prisoner be male, and such wearing apparel as the State Board of Corrections may deem necessary and suitable if the prisoner be female, and an amount of money not less than twenty-five dollars ($25.00) and not more than one hundred and fifty dollars ($150.00) to be paid out of the inmate release fund as the Director of the State Board of Corrections or his designee shall determine according to the financial needs of such prisoner. (b) When a prisoner convicted of a felony who has participated in a work release program has completed his term of service and is discharged upon completion of his sentence or his conditionally released or paroled from any State institution, or other place of detention operated under the authority of the State Board of Corrections, or a county

Page 604

public works camp, the Board shall not furnish to any such prisoner the items enumerated in subsection (a) of this Section unless the Board shall in the exercise of its discretion consider it appropriate according to the financial needs of such prisoner. (c) Whenever a prisoner convicted of a felony has completed his term of service and is discharged upon completion of his sentence, or is conditionally released or paroled from a county public works camp and is deemed to be entitled to receive any of the items enumerated in subsection (a) of this Section, it shall be furnished to him by the county, but the county shall be reimbursed for the cost of any such items by the State Board of Corrections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972. STATEWIDE PROBATION ACT AMENDEDPERSONNEL CHANGES, ETC. No. 1190 (Senate Bill No. 438). An Act to amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, so as to provide that the compensation of the Director shall be fixed by the Board; to change the qualifications of the Director; to change the qualifications of the Assistant Director and District Administrators; to change the title of circuit probation officers to circuit probation supervisors; to change the method of assigning circuit probation supervisors; to change the qualifications of circuit probation supervisors; to change the method of fixing the compensation of circuit probation supervisors; to provide that circuit probation supervisors shall supervise and counsel probationers in the judicial circuits to which they are assigned; to provide that the superior court may require presentence investigations

Page 605

and written reports before imposition of sentences in each felony case in which the defendant has entered a plea of guilty, nolo contendere or been convicted; to specify the manner of supervision in cases of persons receiving probated sentences of more than two years; to provide additional duties for District Administrators; to authorize District Administrators to interview and make inquiry of certain selected payors or recipients of funds; to provide for bonds by District Administrators; to provide that in instances where a bank account is required it shall be kept in the name of State Probation Office; to provide for all 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. An Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, 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. There is hereby created the office of Director of Probation, who shall be in charge of the probation system, subject only to the supervision of the State Board of Probation. He shall be appointed by the Board. He shall serve at the pleasure of the Board. His compensation shall be fixed by the Board, but in no event shall the annual salary of the Director be less than $12,000.00 nor more than $25,000.00. Any person, in order to hold the office of Director of Probation, must be at least 30 years of age and must have completed a standard four-year college course and hold a baccalaureate degree from a regionally accredited college or university with specialization in human behavioral sciences, and must have had at least three years of experience in the probation, parole, correctional, social welfare or educational fields. He must have a general knowledge of modern probation methods and of the social problems involved. The qualifications provided herein are the minimum qualifications, and the State Department of Probation is hereby authorized to prescribe such additional and higher qualifications

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from time to time as it deems desirable. Such officer shall also be allowed travel and other expenses the same as other State employees. In addition to the compensation provided for the Director of Probation herein, the Director of Probation shall receive a subsistence allowance in the amount of $300 per month. Director of Probation. Section 2. Said Act is further amended by striking section 3A in its entirety and inserting in lieu thereof a new section 3A, to read as follows: Section 3A. There is hereby created the office of Assistant Director of Probation and such field supervisors as may be feasible and desirable in the discretion of the Director. Said Assistant Director of Probation and District Administrators shall be appointed by the Director, the State Board of Probation and the State Merit System of Personnel Administration. The Assistant Director and District Administrators shall serve under the provisions of the State Merit System of Personnel Administration. The salaries of the Assistant Director and District Administrators shall be set by the Director, the State Board of Probation and the State Merit System. Any person, in order to hold the office of Assistant Director of Probation or District Administrator, must be at least 30 years of age and must have completed a standard four-year college course and hold a baccalaureate degree from a regionally accredited college or university with specialization in human behavorial sciences, and must have had at least three years of experience in the probation, parole, correctional, social welfare or educational fields. He must have a general knowledge of modern probation methods and of the social problems involved. A person who does not possess the educational requirements specified herein may qualify if he possesses the other requirements and has had at least four years' experience working in the probation, parole, correctional, social welfare or educational field, and such experience, in the opinion of the Director of Probation, is equivalent to or surpasses the educational requirements specified herein. The qualifications provided herein are the minimum qualifications, and the Director of Probation is hereby authorized to prescribe such additional

Page 607

and higher qualifications from time to time as they deem desirable. Such officers shall also be allowed travel and other expenses the same as other State employees. Assistant Director of Probation. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. It shall be the duty of the Director of Probation to supervise and direct the work of the circuit probation supervisors herein provided for, to keep accurate files and records on all probation cases and persons on probation, to act as the Deputy Compact Director, and to promulgate rules and regulations necessary to effectuate the purposes of this Act. Duty of Director. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. The Director of Probation shall employ persons who shall be known as circuit probation supervisors. The Director may assign one such supervisor to each judicial circuit in this State, or, for purposes of assignment, may consolidate two or more judicial circuits and assign one supervisor thereto. In the event the Director determines that more than one such supervisor is needed for a particular circuit, an additional supervisor or additional supervisors may be assigned to such circuit. The Director of Probation is hereby authorized to direct any circuit probation supervisor to assist any other circuit probation supervisor wherever assigned. In the event more than one such supervisor is assigned to the same office or to the same division within a particular judicial circuit, the Director of Probation shall designate one of such supervisors to be in charge. Circuit Probation Supervisors. Section 5. Said Act is further amended by striking section 6 in its entirety and insertng in lieu thereof a new section 6, to read as follows: Section 6. In order for a person to hold the office of circuit probation supervisor, he must be at least 21 years of

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age at the time of appointment, and must hereafter have completed a standard two-year college course. Any person who is employed as a circuit probation supervisor on or before July 1, 1972, shall not be required to meet the educational requirements specified herein, nor shall he be prejudiced in any way for not possessing said requirements. The qualifications provided herein are the minimum qualifications and the Director is hereby authorized to prescribe such additional and higher educational qualifications from time to time as he deems desirable not to exceed a four-year standard college course. The compensation of the circuit probation supervisor shall be set by the Director, the Board and the State Merit System of Personnel Administration. Such supervisors shall also be allowed travel and other expenses the same as other State employees. No supervisor shall engage in any other employment, business or activities which interferes or conflicts with his duties and responsibilities as circuit probation supervisor. Each circuit probation supervisor shall give bond in such amount as may be fixed by the Department of Probation, payable to the Department of Probation for the use of the person or persons damaged by his misfeasance or malfeasance, and conditioned on the faithful performance of his duties, the cost of the bond to be paid by the Department of Probation; provided, however, that such bond may be procured, either by the State Department of Probation or the State Supervisor of Purchases, under a master policy or on a group blanket coverage basis, where only the number of positions in each judicial circuit and the amount of coverage for each position are listed in a schedule attached to the bond and in such case each individual shall be fully bonded and bound as principal, together with the surety by virtue of his holding the position or performing the duties of ciruit probation supervisor in said circuit or circuits and his individual signature shall not be necessary for such bond to be valid in accordance with all the laws of this State. Said bond or bonds shall be made payable to the Department of Probation. If the judge or a majority of the judges of the circuit or circuits shall be dissatisfied with the circuit's probation supervisor assigned to such circuit or circuits, he or they may relieve such circuit probation supervisor from his duties

Page 609

in said circuit or circuits, in which event he or they shall immediately recommend to the director that the probation supervisor be either discharged or reassigned to another circuit, giving reasons, and the director shall immediately discharge or reassign such probation supervisor. No such probation officer shall be hired for a given circuit without prior consultation with the judge or judges of the circuit in which he is to serve. Same, qualifications. Section 6. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. The circuit probation supervisor shall supervise and counsel probationers in the judicial circuit to which he is assigned. Each such supervisor shall perform the duties prescribed in this Act and such duties as are prescribed by the Director of Probation and shall keep such records and files and make such reports as are required of him. Same, duties. Section 7. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. Any court of this State which has original jurisdiction of criminal actions, except juvenile courts, municipal courts and courts of ordinary where the defendant in a criminal case has been found guilty upon verdict or plea, or who has been sentenced upon a plea of nolo contendere, except for an offense punishable by death or life imprisonment, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. Prior to such hearing, the court may refer the case to the circuit probation supervisor of the circuit in which such court is located for investigation and recommendation. The court, upon such reference, shall direct the supervisor to make an investigation and report to the court in writing at a specified time upon the circumstances of the offense and the criminal record, social history and present condition of the defendant, together with such supervisor's recommendation, and it shall be the duty of the supervisor

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to carry out the directive of the court. If it appears to court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon such defendant but may stay and suspend the execution of such sentence or any portion thereof, and may place him upon probation under the supervision and control of the circuit probation supervisor for the duration of such probation. The period of probation shall not exceed the maximum sentence of confinement which could be imposed upon such defendant, except that in a prosecution for and conviction of the offense of abandonment, the trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the support by the defendant of the child or children abandoned, respectively, during the minority of such child or children, respectively, and service of such sentence when so suspended shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of such sentences was suspended; and in a prosecution for and conviction of the offense of bastardy, service of the sentence imposed may likewise be suspended upon such terms and conditions as may be prescribed by the court for the support by the defendant of the child or children, respectively, upon which such sentence was suspended by the court having jurisdicor children, respectively, reach the age of 14 years. Service of any sentence so suspended in abandonment cases may be ordered by the court having jurisdiction thereof at any time before such child or children, respectively, reach the age of 21 years, and in bastardy cases at any time before such child or children, respectively, reach the age of 14 years, after a hearing as hereinbefore provided and a finding by such court that the defendant has failed or refused to comply with the terms and conditions upon which service of such sentence was suspended by the court having jursdiction thereof. The court may, in its discretion, require the

Page 611

payment of a fine or costs or both as a condition precedent to probation. During the interval between the conviction or plea and the hearing to determine the question of probation, the court may, in its discretion, either order the confinement of the defendant without bond or may permit his release on bond, which shall be conditioned on his appearance at the hearing and which shall be subject to the same rules as govern appearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant. The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of said probated sentence, and such judge is hereby empowered to revoke any or all of said probated sentence, rescind any or all of said sentence, or in any manner deemed advisable by said judge to modify or change said probated sentence at any time during the period of time originally described for the probated sentence to run. Investigation. Section 8. 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. It shall be the duty of the circuit probation supervisor to investigate all cases referred to him by the court and to make his findings and report thereon in writing to such court with his recommendation. The superior court may require, before imposition of sentence, a presentence investigation and written report in each felony case in which the defendant has entered a plea of guilty, nolo contendere or been convicted. The circuit probation supervisor shall cause to be delivered to each person placed on probation under his supervision a certified copy of the terms of such probation and any change or modification thereof, and to cause such person to be instructed regarding same. He shall keep informed concerning the conduct, habits, associates, employment, recreation and whereabouts of such probationer by visits, by requiring reports or in other ways. He shall make such reports in writing or otherwise as the court may require. He shall use all practicable and proper methods to aid and encourage persons on probation and to bring about improvements in their conduct and condition. He shall keep records on each probationer referred to him. Duties.

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Section 9. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows: Section 11. Upon the termination of the period of probation, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he was previously sentenced. The court may at any time cause the probationer to appear before it to be admonished or commended, and when satisfied that its action would be for the best interests of justice and the welfare of society, may discharge the probationer from further supervision. The case of each person receiving a probated sentence of more than two years shall be reviewed by the circuit probation supervisor responsible for that case after service of two years on probation and a written report of the probationer's progress shall be submitted to the sentencing court along with the supervisor's recommendation as to early termination. Each such case shall be so reviewed and a written report submitted annually thereafter, or more often if required, until the termination, expiration, or other disposition of the case. Effect of probation. Section 10. Said Act is further amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14, to read as follows: Section 14. No probation supervisor shall be directed to collect any funds except funds directed to be paid as the result of a criminal proceeding and funds in cases arising under the Uniform Reciprocal Enforcement of Support Act. Limitation. Section 11. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows: Section 15. Except as provided hereinafter, any county probation system in existence on the effective date of this

Page 613

Act shall not be affected by the passage of this Act, regardless of whether the law under which such system exists is specifically repealed by this Act. The personnel of such system shall continue to be appointed and employed under the same procedure as used prior to the effective date of this Act, and such system shall be financed under the same method as it was financed prior to the effective date of this Act. Provided, however, the substantive provisions of this Act relative to probation shall be followed, and to this end any probation officer of such system shall be deemed to be the same as a circuit probation supervisor, with the circuit probation supervisor assigned by the Director of Probation serving in a liaison capacity between such county probation system and the Director of Probation. Existing system unaffected. Section 12. Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16, to read as follows: Section 16. Juvenile offenders, upon direction of the court, shall be supervised by circuit probation supervisors in those counties where no juvenile probation system exists. Other than in this request, nothing in this Act shall be construed to change or modify any law relative to probation as administered by any juvenile court in this State. Juvenile offenders. Section 13. Said Act is further amended by striking section 25 in its entirety and inserting in lieu thereof a new section 25, to read as follows: Section 25. Besides their other duties, the District Administrators shall make periodic audits of the amounts of every probation supervisor within their districts who has any money, fines, court costs, property or other funds coming into his control or possession, or being disbursed by him, by virtue of his duties as a State probation supervisor. The District Administrator shall keep a permanent record of his audit of each probation supervisor's accounts on file with the Director of Probation, and it shall be the duty of the District Administrator to call attention of the Director to all discrepancies in said accounts and to further notify the

Page 614

Director in writing of any discrepancy of an illegal nature that might result in prosecution. The District Administrator shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as he may choose, without notifying the circuit probation supervisor, to carry out the purposes of said audit. The District Administrator shall also be required to give bond in such amount as may be set by the Department of Probation, in the same manner and for the same purposes as now provided under section 6, as hereby amended, for the bonds of circuit probation supervisors. Such bond shall bind said District Administrator, together with his surety, in the performances of his duties in all judicial circuits of the State. Audits. Section 14. Said Act is further amended by striking section 26 in its entirety. 26 stricken. Section 15. Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof a new section 27, to read as follows: Section 27. No circuit probation supervisor shall collect or disburse any funds whatsoever, except by written order of the court, and it shall be the duty of such supervisor to transmit a copy of such order to the Director of Probation not later than 15 days after it has been issued by the court. Every such supervisor who collects or disburses any funds whatsoever shall faithfully keep such records of accounts as required by the Director of Probation or the District Administrator which shall be subject to inspection by the District Administrator at any time. In every instance where a bank account is required, it shall be kept in the name of `State Probation Office'. Prohibition. Section 15A. Probation officers shall be assigned among the respective judicial circuits based generally on the relative number of persons on probation in each circuit. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1972.

Page 615

CRIMESINVASION OF PRIVACY ACT AMENDED. Code 26-3004 Amended. No. 1191 (House Bill No. 489). An Act to amend Code section 26-3004, relating to the use of certain surveillance devices, so as to provide additional crimes for which such devices may be used; to change the period of time in which certain investigation warrants are valid; to provide for the use of evidence of other crimes obtained by certain devices under warrants for the investigation of unrelated crimes; to provide for the preservation of certain evidence and information; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-3004, relating to the use of certain surveillance devices, is hereby amended by deleting in their entirety subsections (c), (e), (g) and (i) and substituting in lieu thereof the following: (c) When there is probable cause to believe that a person is committing or has committed an act which endangers the national security of the United States or the security of this State or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving kidnapping, narcotics, dangerous drugs, burglary, prostitution, theft, blackmail, extortion, bribery, gambling or any felony involving alcoholic beverage laws, auto thefts, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon written application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized

Page 616

for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation warrant permitting the use of devices, as defined by section 26-3009, for the surveillance of such person or place provided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and circumstances of use permitted, the crime or crimes allegedly being committed, and the person or persons and place or places to be subject to such surveillance. Code 26-3004 amended. (e) Investigation warrants issued under this section shall be valid for no more than 20 days after issuance, unless renewed for an additional 20-day period for good cause shown at the time of written application for such renewal. (g) Evidence obtained in conformity with this section shall be admissible only in the courts of this State having felony and misdemeanor jurisdiction. When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications or in observation in the manner authorized herein, intercepts wire or oral communications or obtains fruits of observation relating to offenses for which an investigation warrant may issue other than those specified in the order of authorization, the contents or fruits thereof, and evidence derived therefrom, may be disclosed or used in the same manner as if a surveillance warrant covering said crimes had initially been used. (i) The applicant for the warrant shall return same and report back to the judge issuing same within 30 days of the issuance of the warrant. In the event no evidence of one of the specific crimes set forth in this section has been obtained through the use of such device or devices, it shall be the duty of such applicant to physically destroy all evidence obtained by surveillance and to so certify in writing to such judge under oath.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1972. SUPERIOR COURT JUDGES AND DISTRICT ATTORNEYS AUTHORIZED TO EMPLOY SECRETARIES. No. 1192 (House Bill No. 1393). An Act to amend an Act to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, so as to provide that the judges and district attorneys of the superior courts shall be authorized to employ secretaries; to provide for the duties, compensation, qualifications and tenure of said secretaries; 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 to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, is hereby amended by adding two new sections to be designated as section 1B and Section 1C, to read as follows: Section 1B. Each superior court judge is hereby authorized to employ a secretary. Said secretary shall be compensated in an amount to be set by the superior court judge commensurate with industry salaries in the community for similar work. An amount not to exceed $6,000.00 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly installments by the State Treasurer from funds appropriated or otherwise made available for the operation of the superior courts. Secretaries employed hereunder shall possess such qualifications as shall be determined by the judge employing said secretary and shall serve at the pleasure of said judge. Said secretary

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shall perform such duties and services as shall be prescribed by the judge. Secretary. Section 1C. Each district attorney is hereby authorized to employ a secretary. Said secretary shall be compensated in an amount to be set by the district attorney commensurate with industry salaries in the community for similar work. An amount not to exceed $6,000.00 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly installments by the State Treasurer from funds appropriated or otherwise made available for the operation of the superior courts. Secretaries employed hereunder shall possess such qualifications as shall be determined by the district attorney employing said secretary and shall serve at the pleasure of said district attorney. Said secretary shall perform such duties and services as shall be prescribed by the district attorney. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1972. CRIMINAL PROCEDURENUMBER OF STRIKES PROVIDED FOR JOINTLY INDICTED AND JOINTLY TRIED DEFENDANTS. Code 27-2101 Amended. No. 1193 (House Bill No. 1516). An Act to amend Code section 27-2101, relating to the trial of two or more defendants who are jointly indicted, as amended, so as to provide that strikes from jury panels in selecting a jury shall be exercised jointly when two or more defendants are tried jointly for a crime or offense; to provide for additional strikes in joint trials; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 619

Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-2101, relating to the trial of two or more defendants who are jointly indicted, as amended, is hereby amended by adding at the end thereof the following: When two or more defendants are tried jointly for a crime or offense said defendants shall be entitled to the same number of strikes as a single defendant if tried separately. Said strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of defendants, acting in its sole discretion, may allow an equal number of additional strikes, not to exceed five each, to the defendants as the court shall deem necessary to the ends that justice may prevail., so that when so amended, Code section 27-2101 shall read as follows: 27-2101. When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the State shall waive the death penalty; when indicted for a capital felony when the death penalty is waived or for a felony less than capital, or for a misdemeanor, defendants may be tried jointly or separately in the discretion of the trial court; in any event either defendant may testify for the other or on behalf of the State. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the State. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one shall not operate as acquittal or conviction of others not tried. When two or more defendants are tried jointly for a crime or offense said defendants shall be entitled to the same number of strikes as a single defendant if tried separately. Said strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of defendants,

Page 620

acting in its sole discretion, may allow an equal number of additional strikes, not to exceed five each, to the defendants as the court shall deem necessary to the ends that justice may prevail. Code 27-2101 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1972. STONE MOUNTAIN JUDICIAL CIRCUITTWO ADDITIONAL JUDGES AUTHORIZED, ETC. No. 1194 (House Bill No. 1832). An Act to provide for two additional judges of the superior courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said circuit to seven; to provide for the appointment of said two additional judges; to provide for initial and regular terms of office of such judges and their duties, powers, qualifications, and compensation; to provide for courtroom and chamber space; to provide for additional court reporters; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There are hereby created two additional judgeships of the superior courts of the Stone Mountain Judicial Circuit. Said two additional judges shall be appointed by the Governor within thirty days of the effective date of this Act and shall serve for an initial term of office continuing through December 31, 1972, and until their respective successors are duly elected and qualified. Such judges shall take office immediately upon their appointment and qualification. Successors to the judges initially appointed under the provisions of this Section shall be elected in the manner provided

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by law for the election of judges for the superior courts of this State. Such successors shall be elected at the general election in November 1972, for a term of four years, beginning on the first day of January 1973, and until their respective successors are duly elected and qualified. Future successors shall be elected at the general election each four years for a term of four years and until their respective successors are duly elected and qualified. They shall take office on the first day of January following the date on which they are elected. Such election shall be held and conducted in the manner now or hereafter provided by law for the election of judges for the superior courts of this State. Additional judges. Section 2 . The qualifications of such additional judges shall be the same as now are provided by law for superior court judges. The compensation and the manner of payment thereof shall be the same as is now or may hereafter be fixed by law for judges of the superior courts of the Stone Mountain Judicial Circuit. Qualifications. Section 3 . Such additional judges of the superior courts of said circuit shall have all the powers, jurisdiction, duties, and dignity of the present judges of the superior courts of this State. Powers. Section 4 . All writs and processes in the superior courts of said circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide seven judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Jurisdiction. Section 5 . The governing authorities of the counties comprising the Stone Mountain Judicial Circuit are hereby authorized to provide suitable courtrooms, jury rooms, and chambers for the present judges and for the two additional

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judges, and upon the recommendation of all of said judges the same shall be provided. Courtrooms, etc. Section 6 . The judges of said circuit are hereby authorized to employ two additional court reporters and to prescribe their duties and compensation, but such compensation shall not exceed the compensation of the present court reporters of the circuit, as the same is now or shall hereafter be fixed. Court reporters. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1972. JUDGE AUTHORIZED TO DISPERSE JURY WITH INSTRUCTIONS. Code 59-718.1 Enacted. No. 1195 (Senate Bill No. 362). An Act to amend Code Chapter 59-7, relating to juries, as amended, so as to authorize the judge, in his discretion, to allow the dispersion of the jury at any time during the trial of civil or criminal cases; 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 59-7, relating to juries, as amended, is hereby amended by adding after Code section 59-718 and before Code Section 59-719, a new Code section to be known as Code section 59-718.1, to read as follows:

Page 623

59-718.1. Separation of the jury, discretion. At any time during the trial of a civil or criminal case, either before or during jury deliberation, the judge may, in his discretion, allow the jury to be separated and the members thereof dispersed under appropriate instructions, except in capital cases. Code 59-718.1 enacted. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1972. CRIMINAL PROCEDUREINDICTMENTS NOT REQUIRED IN CERTAIN CASES, ETC. Code 27-704 Amended. No. 1196 (Senate Bill No. 376). An Act to amend Code section 27-704, relating to the waiver of indictments and the trial of defendants upon accusations, as amended, so as to provide for accusations in certain misdemeanor cases; to provide that indictment by a grand jury shall not be required in certain 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 section 27-704, relating to the waiver of indictments and the trial of defendants upon accusations, as amended, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 27-704, to read as follows: 27-704. Trial on accusation; waiver of indictment.In all felony cases, other than capital felonies, in which the defendants have been bound over to the superior court, or are confined in jail pending commitment trial, or are in jail, having waived commitment trial, the prosecuting officers

Page 624

of such court shall have authority to prefer accusations, and such parties shall be tried on such accusations: Provided, that parties going to trial under such accusations shall in writing waive indictment by a grand jury. Judges of the superior court may open their courts at any time without the presence of either grand jury or traverse jury to receive and act upon pleas of guilty in misdemeanor cases, and in felony cases except those punishable by death or life imprisonment, when the judge and the accused consent thereto. The judge may try the issues in such cases without a jury upon an accusation filed by the prosecuting officer where the accused has waived indictment and consented thereto in writing and counsel is present in court representing such defendant either by virtue of his employment or by appointment by the court. In all misdemeanor cases which may be prosecuted in superior court, the District Attorney shall have authority, with or without the consent of the defendant, to prefer accusations, indictment by a grand jury not being required in misdemeanor cases. Code 27-704 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1972. APPELLATE PRACTICE ACT AMENDEDNOTICE OF APPEAL MAY BE AMENDED. No. 1197 (Senate Bill No. 390). An Act to amend an Act comprehensively revising appellate and other post-trial procedure, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1072), so as to change the provisions relating to dismissal of appeals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act comprehensively revising appellate

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and other post-trial procedure, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1072), is hereby amended by adding at the end of Section 13 (b), the following: If an error appears in the notice of appeal, the court shall allow the notice of appeal to be amended at any time prior to judgment to perfect the appeal so that the appellate court can and will pass upon the appeal and not dismiss it. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1972. GEORGIA HEALTH CODE AMENDEDPROVISION FOR LICENSING AMBULANCE SERVICES MADE. Code Title 88-31 Enacted. No. 1199 (House Bill No. 370). An Act to amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide for licensing ambulance services; to provide that an ambulance service shall not be operated in this State without a valid license as provided herein; to define certain terms; to provide for an application for the license; to provide for issuing the license upon a finding that the applicant meets certain standards; to provide standards for ambulances; to provide for renewing the license; to provide for a revocation of the license; to provide for filing certain reports; to provide for the operation of the ambulance as an emergency vehicle; to provide that it shall be unlawful for the operators of certain motor vehicles to pass ambulances under certain conditions; to provide for the enforcement of the provisions of this Act; to authorize the Department of Public Health to make certain inspections; to provide

Page 626

exemptions; to provide for penalties; to provide the standard of liability for licensed ambulance services; to provide that this Act does not prohibit any license fee assessed by a municipality; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 88, known as the Georgia Health Code, as amended, is hereby amended by adding a new Chapter to be designated as Chapter 88-31, to read as follows: Chapter 88-31 enacted. CHAPTER 88-31 AMBULANCE SERVICE Section 88-3101. Definitions. Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meaning hereinafter respectively ascribed to them: Code 88-3101. (a) `Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this Chapter. (b) `Person' means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (c) `Ambulance service' means the providing of emergency care and transportation on the public streets and highways of this State for a wounded, injured, sick, invalid or incapacitated human being to or from a place where medical or hospital care is furnished. (d) `License' when issued to an ambulance service signifies that its facilities and operations comply with the provisions

Page 627

of this Chapter and the rules and regulations issued by the Department pursuant to the provisions of this Chapter. (e) `Provisional license' when issued to an ambulance service means a license issued on a conditional basis for one of the following reasons: (1) To allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with the provisions of this Chapter and rules and regulations issued by the Department pursuant to the provisions of this Chapter. (2) To allow existing ambulance services a period of 12 months to comply with the provisions of this Chapter, and rules and regulations issued by the Department pursuant to the provisions of this Chapter, provided the ambulance service shall present a plan acceptable to the Department defining how all vehicles will be equipped with all the necessary apparatus to fulfill the provisions of this Chapter, and how all attendants shall be trained to meet the standards of Code Section 88-3112 of this Chapter within two years. (f) `License Officer' means the Director of the Department or his designee. (g) `Patient' means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. (h) `Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance. (i) `Department' means the Georgia Department of Public Health. (j) `Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick or otherwise nonambulatory. Section 88-3102. License required. No person shall operate an ambulance service in this State without having a valid

Page 628

license or provisional license issued by the License Officer pursuant to this Chapter authorizing such service to be operated. Code 88-3102. Section 88-3103. Application for license. An application for a license or provisional license shall be made to the License Officer. The application shall be accompanied by a fee of $25.00, except applications from governmental agencies. The application shall be made upon forms prescribed by the License Officer and shall contain the following: Code 88-3103. (a) The name and address of the owner of the ambulance service or proposed ambulance service. (b) The name under which the applicant is doing business or proposes to do business. (c) The training and experience of the applicant in the transportation and care of patients. (d) A description of each ambulance, including the make, model, year of manufacture, motor and chassis number; and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance. (e) The location and description of the place or places from which the ambulance service is intended to operate. Section 88-3104. Duties of the License Officer. (a) The License Officer shall, within 10 days after receipt of an application for a license or provisional license as provided for herein, cause such investigation as he deems necessary to be made to determine that the standards prescribed by this Chapter have been met. Code 88-3104. (b) The License Officer shall issue a license hereunder for a period of two years, unless earlier suspended, revoked or terminated, when he finds:

Page 629

(1) That all the requirements of this Chapter have been met. (c) The License Officer shall issue provisional licenses for one year under the circumstances provided in section 88-3101 (e) (2). (d) Before issuing a license to a government or governmental agency for a new ambulance service, the License Officer shall establish that, due to inadequate private service, the public's convenience and necessity require the proposed ambulance service. Section 88-3105. Standards for ambulances. Ambulances operated by persons engaged in providing ambulance service shall: Code 88-3105. (a) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained on suitable premises; (b) Have supplies and equipment readily available for dressing wounds, splinting fractures, controlling hemorrhaging and providing oxygen; (c) Be equipped with approved safety belts for the driver and for a passenger in the front seat if such seat is provided; and (d) Have insurance coverage issued by an insurance company licensed to do business in Georgia providing for the payment of damages: (1) For injury to or death of individuals in accidents resulting from any cause for which the owner of the ambulance would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent, and (2) For the loss of or damage to the property of another, including personal property, under like circumstances, in such sums and under such terms as may be required in

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regulations promulgated by the Department. A certificate of insurance shall be submitted to the License Officer for approval prior to the issuance of each ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the License Officer, in such form as he may specify, by all licensees required to provide such insurance under the provisions of this Chapter. Section 88-3106. Renewal of license. Change of ownership of ambulance service. (a) Renewal of any license issued under the provisions of this Chapter shall require conformance with all the requirements of this Chapter as upon original licensing. Code 88-3106. (b) Change of ownership of an ambulance service shall require a new application and a new license issued in conformance with the requirements of this Chapter as upon original licensing. Section 88-3107. Revocation of license. (a) Any license issued hereunder may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with the applicable provisions of this Chapter or rules and regulations issued pursuant to the provisions of this Chapter, but only after opportunity for hearing as provided in Code Chapter 88-3 and the Georgia Administrative Procedure Act. Code 88-3107. (b) Any person who has exhausted all administrative remedies available within the Department and who is substantially aggrieved by a final order or final action of the License Officer, is entitled to judicial review, in the manner provided by Code Chapter 88-3 and the Georgia Administrative Procedure Act. Section 88-3108. Reports. Records of each ambulance trip shall be made by the ambulance service in a manner and on such forms as may be prescribed by the Department through regulations. Such records shall be available for inspection by the Department at any time, and a summary of ambulance service activities shall be prepared on specific cases and furnished to the Department if requested. Code 88-3108.

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Section 88-3109. Obedience to traffic laws, ordinances, and regulations. (a) The driver of an ambulance, when responding to an emergency call or while transporting a patient, is authorized to operate the ambulance as an emergency vehicle pursuant to the provisions of the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended. Code 88-3109. (b) It shall be unlawful for any person operating a motor vehicle to pass an ambulance being operated on a highway at the maximum speed limit if the flashing lights on such ambulance are in operation. Any person violating the provisions of this subsection shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Section 88-3110. Enforcement; inspections. The Department and its duly authorized agents are hereby authorized to enforce compliance with the provisions of this Chapter and rules and regulations promulgated hereunder as provided in Code Chapter 88-3; and in connection therewith, to enter upon and inspect in a reasonable manner the premises of persons providing ambulance service, during the reasonable business hours of the day. Code 88-3110. Section 88-3111. Exemptions. The provisions of this Chapter shall not apply to the following: Code 88-3111. (a) An ambulance or ambulance service operated by an agency of the United States Government; (b) A vehicle that is operated by a person who is not licensed to furnish ambulance service which is rendering assistance temporarily in the case of a major catastrophe or emergency with which the licensed ambulance services of Georgia are insufficient or unable to cope with such catastrophe or emergency; (c) An ambulance, which is operated from a location outside of Georgia, in order to transport patients who are picked up beyond the limits of Georgia, to locations within Georgia.

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(d) An invalid car or the operator thereof. Section 88-3112. Rules and regulations. The Department is hereby authorized to promulgate rules and regulations for the protection of the public health by: Code 88-3112. (a) prescribing reasonable health, sanitation and safety standards for transporting patients in ambulances; and (b) prescribing reasonable conditions under which ambulance attendants are required; and (c) establishing certain criteria for the training of ambulance attendants and prescribing further; (1) Such ambulance attendant must have successfully completed the standard American Red Cross advanced first aid course or equivalent. (2) Such ambulance attendant, if he be employed as such, must successfully complete within twenty-four additional months following the completion of requirement (1) above, the basic Department of Transportation course or an equivalent course prescribed by the Medical Association of Georgia. New employed attendants, after the effective date of this Chapter, must have completed the standard American Red Cross advanced first aid course or equivalent before employment and must pass the emergency medical technician test within nine (9) months of employment, except in hardship cases approved by the Department. (d) the emergency medical technician course is to be offered at area hospitals and/or area technical vocational schools in conjunction with their emergency patient care and personnel training programs. Provided, however, that nothing herein shall authorize the Department to promulgate rules or regulations which shall prevent the continued use of dual purpose funeral coaches or hearses currently being used as ambulances if the vehicles otherwise conform to the requirements of Section 88-3105 of this Chapter, except for their size and shape.

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Section 88-3113. Penalties. Any person violating the provisions of section 88-3102 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Code 88-3113. Section 88-3114. Liability. Any person, including agents and employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergency shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim. Code 88-3114. Section 2. No provision of this Act shall be construed as prohibiting or preventing a municipality from fixing, charging, assessing or collecting any license fee or registration fee on any business or profession covered by this Act, or upon any related profession or any one engaged in any related profession governed by the provision of this Act, or from establishing additional regulations regarding ambulance service. Construction. Section 3. This Act shall become effective January 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. DIVORCEGROUND FOR DIVORCE FOR INCURABLE INSANITY CHANGED. Code 30-102 Amended. No. 1200 (House Bill No. 553). An Act to amend Code section 30-102, relating to the grounds that are sufficient to authorize the granting of a total divorce from the bonds of matrimony, as amended,

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particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 288), so as to amend subsection 11, relating to incurable insanity as a ground for total divorce, by striking the words insanity and insane and by inserting in lieu thereof the words mental illness and mentally ill, respectively; to change the requirements for determining incurable insanity under this Section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 30-102, relating to the grounds that are sufficient to authorize the granting of a total divorce from the bonds of matrimony, as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 288), is hereby amended by striking wherever they shall appear the words: insanity and insane, and by inserting in lieu thereof the words: mental illness and mentally ill, respectively, and by deleting from the first sentence of said subsection the following: such person is hopelessly and incurably insane., and by inserting in lieu thereof the following: the party evidences such a want of reason, memory and intelligence as to prevent the party from comprehending the nature, duties and consequences of the marriage relationship, and that in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his life., so that when so amended said subsection 11 shall read as follows: 11. Incurable mental illness, but no divorce shall be granted upon this ground unless the mentally ill party shall

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have been adjudged mentally ill by a court of competent jurisdiction, or certified to be mentally ill by two physicians who have personally examined the party, confined in an institution and/or under continuous treatment for the mentally ill for a period of at least two (2) years immediately preceding the commencement of the action, and until the superintendent or other chief executive officer of the institution and one competent physician appointed by the court shall, after a thorough examination, make a certified statement under oath that it is their opinion that the party evidences such a want of reason, memory and intelligence as to prevent the party from comprehending the nature, duties and consequences of the marriage relationship, and that in the light of present day medical knowledge, recovery of the party's mental health cannot be expected at any time during his life. Notice of said action shall and must be served upon the guardian of the person of such mentally ill person and the superintendent or other chief executive officer of the institution in which such person is confined, or in the event there is no guardian of the person, then notice of such action shall be served upon a guardian ad litem appointed by the court in which such divorce action is filed and the superintendent or the chief executive officer of the institution in which such person is confined and such guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the mentally ill person shall not be altered in any way by the granting of the divorce. Code 30-102 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. COUNCIL ON MATERNAL HEALTH CREATED. No. 1201 (House Bill No. 1044). An Act to create the Council on Maternal Health; to provide for its appointment, composition, duties and meetings; to provide for rules and procedures; to provide for election

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of officers; to provide for reimbursement of expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Council on Maternal Health which shall be composed of ten persons appointed by the Governor, and confirmed by the Senate for terms of four years each and until their successors are appointed and qualified. The appointees shall be composed of a cross-section of professional and institutional personnel with representatives of the general public, and shall include obstetricians, nurses, hospital administrators, public health physicians and educators. The Council shall elect its own Chairman and other officers as deemed necessary and it shall devise rules and procedures. It shall meet upon call of its Chairman, the Board of Health or the Director of the Department of Public Health. Creation. Section 2. The Council shall serve in an advisory capacity to the State Board of Health, the Department of Public Health and any other State agencies in all matters relating to maternal health, particularly: Duties. (a) to make recommendations concerning the establishment and maintenance of an adequate program of maternal health care in Georgia; (b) to create standards for the services provided in a program of maternal health care, such standards to include the designation of facilities and equipment requirements as well as the quality of medical and hospital care to be provided; (c) to oversee that standards for all maternal health care services are maintained; (d) to aid the Department of Public Health and other State agencies in coordinating programs of maternal health care with local communities, their physicians and hospitals, and with the general public;

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(e) to establish indices to determine the effectiveness of maternal health programs; (f) to insure that regular, adequate and accurate reports are submitted by the component parts of the maternal health program to the Council, and that the publication of regular reports are made regarding the Council's activities and the adequacy of the program of maternal health care. Section 3. The Council shall be provided with staff members, office facilities and other necessary items by the Department of Public Health. Each member of the Council shall be reimbursed for expenses incurred from funds of the Department of Public Health. Personnel, etc. Expenses. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDEMPLOYEE REDEFINED. No. 1202 (House Bill No. 1144). 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, so as to redefine the term employee in order, notwithstanding any other laws, to distinguish between any full-time salaried or hourly-rated person in the active service of a municipal corporation and any appointed or elected member of the governing authority of a municipal corporation of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the 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, is hereby amended by striking paragraph (5) from section 2. and inserting in lieu thereof the following: (5) `Employee' shall mean any full-time salaried or hourly-rated person in the active service of a municipal corporation of the State of Georgia, any employees of the board herein created, and, notwithstanding any laws to the contrary, any appointed or elected member of the governing authority of a municipal corporation of the State of Georgia. Employee redefined. 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 31, 1972. GEORGIA LAND SALES ACT OF 1972. No. 1203 (House Bill No. 1206). An Act to regulate the sale and offer to sale of certain subdivided lands and practices pertaining thereto; to provide for definitions; to provide for exceptions; to require registration with the Secretary of State; to require the filing of certain information pertaining to subdivided lands; to provide for the powers, duties and responsibilities

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of the Secretary of State; to require certain information be given to prospective purchasers of subdivided lots; to prohibit certain advertisements, representations and sales practices pertaining to the sale of such lots; to prohibit certain acts; to provide for penalties; to provide for registration fees; to provide for the recision of certain contracts for the purchase of lots and damages; to provide the procedures connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When used in this Act, unless the context otherwise requires: (a) subdivided land and subdivision means improved or unimproved lands, divided or proposed to be divided, into 150 or more lots or parcels, and also includes any land, whether contiguous or not, if 150 or more lots, parcels, units or interests are offered as a part of a common promotional plan of advertising and sale, and if such land is known, designated or advertised as a common unit or by a common name, and proposes as a part of the promotion thereof to have facilities constructed thereon (except streets) used for other than residential purposes. Provided, however, that when any `person' develops less than 150 lots in a portion of a single parcel of land for development after the full completion of the first portion, said development shall not be deemed `subdivided land' or a `subdivision'. Definitions. (b) sale includes sale, lease, assignments, award by lottery, or any other solicitation or offer to do any of the foregoing concerning a subdivision or any part of a subdivision, if undertaken for gain or profit; (c) person means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two

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or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity; (d) offer includes every inducement, solicitation or attempt to encourage a person to acquire an interest in a subdivision or subdivided land, if undertaken for gain or profit; (e) contiguous lands means any additional subdivided land adjacent to or adjoining the subdivided land included in any earlier subdivision for which a certificate of registration has been issued and which are offered under the same common subdivision name and the same common promotional plan of advertising and sale; (f) blanket encumbrance means a deed to secure debt, trust deed or mortgage or mechanics lien or any other lien or financial encumbrance, securing or evidencing money debt and affecting land to be subdivided or affecting more than one lot or parcel of subdivided land; or an agreement affecting more than one such lot or parcel by which the subdivider holds such subdivision under an option, contract to purchase, or trust agreement. But taxes and assessments levied by public authority are not deemed to be an encumbrance under this Act. (g) fully developed lots means lots for which all announced, advertised and planned access streets, water, sewage, and utility services have been constructed or installed and where all announced, advertised and planned amenities have been constructed or installed, or if said announced, advertised or planned amenities have not been constructed or installed, where an adequate bond or other sufficient financial arrangement for completion is required by the governing authority of the county or municipality where such county or municipality has in effect a comprehensive planning and zoning ordinance. Section 2. Unless the method of sale is adopted for the purpose of evasion of this Act, the provisions of this Act

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subject to the provisions of section 15 do not apply to offers or dispositions of an interest in land: Exemptions. (a) by a purchaser of subdivided lands for his own account in a single or isolated transaction; (b) if fewer than 150 separate lots, parcels, units or interests in subdivided lands are offered by a person; (c) on which there is a commercial or industrial building, condominium, shopping center, house, apartment house, or as to which there is a legal obligation on the part of the seller to construct such a building within two years from date of disposition; or to the sale or lease of land which is restricted by zoning ordinance, covenant, or other legally enforceable means to commercial or nonresidential purposes; or to the sale or lease of land pursuant to plan of development for commercial or nonresidential purposes. (d) as cemetery lots or interests; (e) a subdivision as to which the plan of sale is to dispose to ten or fewer persons; (f) in lots or parcels of 10 or more acres, unconditionally, or of 5 or more acres if there is free and ready access leading to county maintained roads; (g) the sale or lease of lots or parcels to persons who acquire such lots or parcels for the purpose of engaging in the business of constructing residences; (h) the sale or lease of lots or parcels in a subdivision if at least 95% of the lots or parcels of such subdivision are to be sold or leased only to persons who acquire such lots or parcels for the purpose of engaging in the business of constructing residences; (i) subdivisions consisting of lots which are fully developed lots as described herein; (j) where no representations, promises, or agreements

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are made that any improvements or amenities will be provided in the property by the subdivider but rather that any improvements or amenities will be furnished by the purchaser. Section 3. Before subdivided lands are offered for sale, the subdivider or his agent shall file with the Secretary of State an application upon forms to be supplied by the Secretary of State. A registration fee must accompany the application. The application shall contain the following information: Applications, information required. (a) The name and address of the fee title owner. (b) The name and address of the subdivider. (c) The legal description and acreage of lands, together with a map showing the layout as recorded as proposed, in relation of land to existing streets or roads, waterway, schools, churches, and shopping centers, bus and rail transportation, in the immediate vicinity. (d) A true statement as to title to the subdivided land, including all encumbrances and unpaid taxes thereon. (e) A true statement of the general terms and conditions by which it is proposed to dispose of the lots in the subdivision, including specimen copies of the general types of forms of contracts or conveyance intended to be used. (f) A true statement of provision for sewage disposal and public utilities, if any, in the proposed or existing subdivision, including water, electricity, gas and telephone facilities. (g) Correct reference to applicable zoning ordinances and regulations. (h) A proposed public property report, suitable for distribution to any proposed purchaser, if a certificate of registration is issued, which shall contain the following information:

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(1) The name and principal address of the subdivider; (2) A general description of the subdivided lands, stating the total number of lots, parcels, units or interests in the offering; (3) The significant terms of any encumbrances, easements, liens and restrictions, including zoning and other regulations affecting the subdivided lands and each lot or unit, and a statement of all existing taxes and existing special taxes or assessments which affect the subdivided lands; (4) A statement of the use for which the property is offered; (5) Information concerning all usual and necessary improvements, and all existing or contemplated future improvements which will be made available, including, without limitation, any improvements depicted or represented in advertising or otherwise as being available or completed, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities, club houses, golf courses and other recreational facilities, and customary utilities, and the estimate costs, date of completion and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided lands; (6) Such additional information consistent with this Act which may be required by the Secretary of State to assure full and fair disclosure to prospective purchasers. (7) The Secretary of State shall accept as the property report under this Section the property report covering the subdivision filed by the subdivider with the Office of Interstate Land Registration of the Department of Housing and Urban Development, provided that such report is supplemented by any additional information required under this Act.

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(8) There shall be conspiciously printed on the front cover of each property statement the following: NOTICE TO BUYER You are entitled to receive this property report before you sign any contract to purchase property described in this report. If you did not, you are entitled to rescind your contract for 48 hours after receiving this report. To rescind your contract you must notify the seller in writing of your intent to rescind and this notice must be telegraphed, mailed or delivered to the seller within 48 hours after receiving this property statement. (i) The subdivider shall report all material changes with respect to subdivided lands then registered for sale under this Act and the Secretary of State may require that the public property report shall be amended to reflect such material change; and in the event the subdivider wishes to update the public property report, he may do so upon proper application to the Secretary of State. (j) If the subdivider registers additional subdivided lands to be offered for sale, he may consolidate the subsequent registration with any earlier registration offering subdivided lands for sale under the same promotional plan, and the public property report shall be amended to include the additional subdivided lands so registered. (k) One of the following: (1) A performance bond, payable to the Secretary of State and issued by a bonding company doing business in Georgia, in an amount established or provided by rules or regulations issued by the Secretary of State pursuant to the Administrative Procedure Act for purposes of covering the costs of improvements provided for in (5) of (h) above, and conditioned upon the satisfactory completion and payment for all such improvements. (2) A letter of credit or guarantee from a commercial bank or other financial institution doing business in the

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State of Georgia or adjoining State and issued in favor of and payable to the Secretary of State in the same amount and for the same purposes as set forth for the bond permitted in (1) last above. (3) A financial statement of the subdivider, certified by a certified public accountant licensed to practice in Georgia, disclosing a net worth equal to at least one and half times the proposed development costs of the subdivision as certified by the said accountant, and the subdivider shall enter into an agreement, approved by the Secretary of State, that the said net worth will be maintained until the development is completed or the subdivision is no longer registered with the Secretary of State. The Secretary of State may provide that the amount of such bond or letter of credit or guarantee may be reduced from time to time as the improvements being bonded or guaranteed are installed. (1) A certificate of approval or compliance of the proposed development of the subdivision by the local governing authority, if it has a planning and zoning ordinance in effect, that the subdivision is in compliance therewith or the certificate of approval of the proposed development of the subdivision by the appropriate Area Planning and Development Commission when the subdivision is located in a county or municipality in which no planning and zoning ordinance is in effect. (m) A copy of a title insurance policy or certificate of title issued by a practicing attorney concerning title to the land of the subdivision. (n) A true copy of a duly recorded plat of the subdivision which indicates thereon each individual lot within the subdivision. (o) Approval of the appropriate local or State governmental agency for the installation of any facilities provided in (5) of (h) above, such as, but not limited to, approvals needed for installation of a sewage system, septic tank, roads, water systems or the like.

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Section 4. Upon receipt of the application for registration in proper form, the Secretary of State shall issue a notice of filing to the applicant. Within 30 days from the date of the notice of filing, the Secretary of State shall enter an order registering the subdivided lands or rejecting the registration. If no order of rejection is entered within 30 days from the date of notice of filing, the land shall be deemed registered. Registration. Section 5. If the Secretary of State affirmatively determines, upon inquiry and examination, that the requirements of this Act have been met, he shall issue a certificate of registration registering the subdivided lands and shall approve the form of the public property report. Approval of form. Section 6. If the Secretary of State determines, upon inquiry and examination, that any of the requirements of this Act have not been met, the Secretary of State shall notify the applicant that the application for registration must be corrected in the particulars specified within 15 days after receipt of such notice, or such greater time as he may allow. If the requirements are not met within the time allowed, the Secretary of State shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing. Rejection. Section 7. A certificate of registration which has not been revoked or is not suspended shall be renewed annually on the anniversary date of the issuance of the original certificate upon payment of the required fee. Renewals. Section 8. A copy of the report, when a certificate of registration is granted by the Secretary of State, shall be given by the owner, subdivider or agent to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least forty-eight hours prior to such execution, the purchaser may rescind the contract at any time up to forty-eight hours after receiving a copy of the report, except that the contract or agreement

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may stipulate that the foregoing rescission shall not apply in the case of a purchaser who (1) has received the property report and inspected the lot to be purchased or leased in advance of signing the contract or agreement, and (2) acknowledges by his signature that he has made such inspection and has read and understood such report. A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must, to be valid, be in writing, and telegraphed, mailed or delivered in person within the said forty-eight hour period and must be mailed to the address of the subdivider which appears on the contract or agreement. Receipts taken for any published report shall be kept on file in possession of the owner, subdivider or agent, subject to inspection by the Secretary of State for three years from the date the receipt is taken. The report shall not be used for advertising purposes unless the report is used in its entirety. A subdivider whose subdivision is registered under this Act may state in any advertisement of the subdivision the following: This subdivision has been certificated by the Secretary of State of Georgia. No portion of the report shall be underscored, italicized, or printed in larger or heavier type than the balance of the report, unless specifically approved or required by the Secretary of State in order to better inform prospective purchasers. Report. Section 9. It is unlawful for the owner or subdivider to sell lots or parcels within a subdivision subject to a blanket encumbrance unless one of the following conditions is complied with: Blanket encumbrance, exception. (a) Such blanker encumbrance shall contain provisions evidencing the subordination of the lien of the holder(s) of the blanket encumbrance to the rights of those persons purchasing from the subdivider, or further evidencing that the subdivider is able to secure releases from such blanket encumbrances with respect to the property; or (b) The fee title to the subdivision is placed in trust under an agreement or trust acceptable to the Secretary of State until a proper release from each blanket encumbrance,

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including all taxes, is obtained and title contracted for is delivered to such purchaser; or (c) A bond to the State of Georgia is furnished to the Secretary of State for the benefit and protection of purchasers of such lots or parcels, in such amount and subject to terms approved by the Secretary of State. The bond shall be executed by a surety company which is authorized to do business in the State of Georgia, and has given consent to be sued in this State. The bond shall provide for the return of monies paid or advanced by any purchaser, on account of purchase of any such lot or parcel if (1) the title contracted for is not delivered, and (2) a full release from each blanket encumbrance is not obtained. If it is determined that such purchaser, by reason of default or otherwise, is not entitled to the return of such monies, or any portion thereof, then such bond is released by the amount of monies to which such purchaser of parcel is not entitled. Section 10. The Secretary of State shall investigate every such subdivision offered for sale in this State and may: Investigation. (a) Rely upon any relevant information concerning a subdivision obtained from the Federal Housing Administration, the United States Veterans Administration or any other federal agency having comparable duties in relation to subdivision of real property. (b) Require the applicant to submit reports prepared by competent engineers as to any hazard to which any subdivision offered for sale is subject in the opinion of the Secretary of State, or any factor which affects the utility of lots or parcels within the subdivision. (c) May make an on-site inspection of each subdivision. In connection with any on-site inspection, the owner, subdivider or agent shall defray all reasonable expenses incurred by the inspector(s) in the course of the inspection, provided that such expenses do not exceed $50.00 per inspection. (d) May make an annual on-site reinspection of each

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subdivision. In connection with any such reinspection, the owner, subdivider or agent shall defray all reasonable and necessary expenses incurred by the inspector(s) in the course of the inspection, provided that such expenses do not exceed $50.00 per inspection. (e) In those cases where an on-site inspection of any subdivision has been made under the provisions of this Act, an inspection of a subsequent registration submitted as an amendment to said registration covering subdivided land to be sold under the same common promotional plan, shall be waived, and an inspection thereof shall be made in connection with the next succeeding annual on-site reinspection. (f) In those cases where an on-site inspection of any subdivision has been made under the provisions of this Act, the report reflecting the findings and conclusions resulting from such inspection shall be made available to the developer within thirty (30) days after such inspection is completed. Section 11. (a) Every sales contract relating to the purchase of real property in a subdivision shall state clearly the legal description of the parcel being sold, the principal balance of purchase price outstanding at the date of the sales contract, after full credit is given for down payment, and the terms of the sales contract. Sales contract, information. (b) Every sales contract relating to the purchase of real property in the subdivision shall provide that the purchaser shall receive his warranty deed to the property (together with a copy of any purchase money deed to secure debt, or purchase money mortgage, as may be specified in the sales contract) within not more than 120 days from the date of execution of the contract; provided, however, that in the case of contracts to purchase dwelling units not yet completed, the warranty deed need not be delivered until 120 days after such completion. Section 12. A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available in this State and subject to inspection by the Secretary of State. The Secretary of State shall be notified when any change of address affecting the location

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of the owner's, subdivider's or agent's records or of any change in depository for the impounding of purchasers' payments under this Act. The Secretary of State may adopt rules and regulations to enforce this Act. Instruments available for inspection. Section 13. Any owner, agent or subdivider who fails to pay, when due, the registration and inspection fees stated by this Act, and continues to sell or offers to sell subdivided lands, shall be liable civilly in an action brought by the Secretary of State for a penalty in an amount equal to treble the unpaid fees. Fees. Any owner, agent or subdivider who fails to pay, when due, any registration and inspection fees required by this Act, shall be liable, in an action brought by the Secretary of State, for cancellation and revocation of the underlying certificate of registration. Section 14. Whenever, in the opinion of the Secretary of State, any person violates any provision of this Act, or if an examination of the project discloses that the sale would constitute misrepresentation or deceit or fraud as to any purchaser of any lot or parcel in a subdivision, the Secretary of State may issue against the subdivider a rule to show cause why an order to cease and desist should not be entered against him. The said rule shall clearly set forth the grounds relied upon by the Secretary of State and shall provide the subdivider a period of seven days from date of receipt of the rule to answer the said rule to the satisfaction of the Secretary of State, and if the subdivider fails to answer the said rule to the satisfaction of the Secretary of State, an order to cease and desist the sale of the subdivided lands shall issue forthwith. If, after such an order is made, a request for a hearing is filed in writing and a hearing is not held within sixty days thereafter, that order is rescinded by such inaction. Violations. Rule. Section 15. Notwithstanding the provisions of section 2, every subdivider and every officer, agent or employee of any landowner or subdivider and every other person, who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circularization of any false

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statement or misrepresentation concerning any such land or subdivision offered for sale, and every person with knowledge that any advertisement, pamphlet, report, prospectus or letter concerning any such land or subdivision contains any written statement that is false or fraudulent, who issues, circulates, publishes or distributes the same, or causes the same to be issued, circulated, published or distributed, is guilty of a felony. Without limiting the generality of the foregoing, any advertisement, brochure, representation or depiction that illustrates or represents any improvements which do not exist in the subdivision at the time the same is made shall be deemed to be a misrepresentation unless the same is clearly identified as not being in existence at such time. Upon conviction such person may be imprisoned for not more than one year or fined not to exceed $5,000.00, or both such fine and imprisonment. False statements, etc. Misrepresentation. Section 16. In the event any subdivider or his agents or employees shall contact prospective purchasers by means of unsolicited telephone calls, and such prospective purchaser notifies the subdivider in writing, that such prospective purchaser has no interest in purchasing a lot in the subdivision and does not desire to be called again, it shall be thereafter a violation of this Act for such subdivider, his employees or agents, to subsequently contact such prospective purchaser by telephone with respect to the subdivision without prior request by the prospective purchaser. Each written notice must clearly state the full name, address, and telephone number of the prospective purchaser. Each letter must be signed by the prospective purchaser and only one prospective purchaser may sign any one such letter. Telephone calls. Section 17. Except as hereinafter provided, only persons, licensed and acting pursuant to provisions of Code Chapter 84-14, as amended, shall engage in the sale, offer to sell or solicitation to buy a lot in any subdivision. Nothing herein shall limit the right of an individual to sell or otherwise deal with his own land; in the case of a corporation, the two principal executive officers may sell lots otherwise covered by this Act, without regard to the requirements of this section, or the corporation may designate to the Georgia

Page 652

Real Estate Commission two other bona fide officers who may do so in lieu of the two principal executive officers. Licenced persons only to sell. Section 18. The following acts shall be unlawful: (a) To engage in the business of selling and conveying parcels of land from real estate subdivisions required to be registered hereunder without a certificate of registration from the Secretary of State pursuant to this Act. Violations. (b) Willful violation or failure to comply with any provision of this Act. (c) Willful violation, or failure to obey, and to comply with any order, decision, or requirement lawfully made by the Secretary of State pursuant to this Act. (d) The offering for sale as an agent, salesman, or broker for a subdivider, developer, or owner of subdivided lands or a subdivision, wherever situated, which is being offered for sale within this State without first complying with this Act. The above acts shall constitute a misdemeanor and, upon conviction thereof, a person shall be punished as for a misdemeanor. Each separate violation shall be deemed a separate offense and punished accordingly. Section 19. The fee for the filing of the application of the initial certificate of registration shall be $100.00. There shall be no fee charged for amendments to certificates of registration as a result of amendments to the initial filing. The fee for annual renewal of a certificate of registration is $50.00. Fees. Section 20. The purchaser may rescind any contract for the purchase of a lot in a subdivision and receive return of all monies paid by him together with interest at the rate of 7% per annum if the subdivider or his agents or employees shall violate any provision of this Act or fail to comply with the public property report required by subsection (h) of section 3, or, in the alternative, maintain an action to recover the actual damages incurred by such purchaser due to such noncompliance or violation. In any

Page 653

action for recision or damages, the purchaser, if he prevails, shall receive his reasonable attorney's fees and expenses of litigation. Rights of purchaser. Section 21. Whenever the certificate of approval of a subdivision by any Area Planning and Development Commission shall be required, the Area Planning and Development Commission shall apply as criteria for the approval of such development standards which are prescribed by the provisions of section 2 of Ga. L. 1946, p. 191, 192. The Area Planning and Development Commission shall render the decision within 30 days after the application is filed. Standards. Section 22. Nothing contained within this Act shall be deemed or construed to affect in any way or repeal the Out of State Land Sales Act, approved April 12, 1971 (Ga. L. 1971, p. 856). Section 23. All rules or regulations issued and all hearings conducted by the Secretary of State, and any appeals therefrom, shall be conducted in accordance with the Georgia Administrative Procedure Act. Hearings. Section 24. 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, cause 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 25. This Act shall be known and may be cited as the Georgia Land Sales Act of 1972. Title. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

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WEIGHTS AND MEASURESNEW CHAPTER. Code Title 112 Amended. No. 1204 (House Bill No. 1229). An Act to amend Code Title 112, relating to weights and measures, as amended, so as to substantially revise, supersede and modernize the laws of this State relating to weights and measures; to provide for definitions; to provide for systems of weights and measures and the adoption and use of such systems; to provide for physical standards; to provide for primary and secondary standards; to provide for technical requirements for commercial weighing and measuring devices and the adoption and modification thereof; to provide for powers and duties of the Commissioner of Agriculture; to provide for special investigative powers; to prohibit the misrepresentation of quantities; to prohibit the misrepresentation of prices; to prohibit certain deceptive practices; to provide for methods of sale; to provide for bulk sales and requirements therefor; to require certain information on packages; to provide for unit pricing on packages which are part of a lot containing random weights of the same commodity; to provide requirements for advertising; to provide for the adoption of standards for moisture testing equipment; to regulate and provide for persons operating moisture testing equipment; to provide for the inspection and regulation of scales used in connection with intrastate shipments; to provide for rules and regulations; to provide for injunctions; to provide for presumptions of evidence; to provide that it shall be unlawful to use or possess any incorrect weight or measure for use in commerce; to provide that it shall be unlawful to remove any tag, seal or mark from any weight or measure without specific written authorization from the Commissioner; to provide that it shall be unlawful to hinder or obstruct the Commissioner or any deputy or other official designated by the Commissioner and charged with the enforcement of the laws of this State dealing with weights and measures; to provide for penalties; to provide for severability;

Page 655

to provide for other matters relative to the foregoing; to provide an effective date; to repeal an Act establishing standards for weights and measures, approved March 27, 1941 (Ga. L. 1941, p. 510), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 631), and an Act approved April 9, 1963 (Ga. L. 1963, p. 457); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 112, relating to weights and measures, as amended, is hereby amended by striking Code Chapter 112-1, relating to weights and measures in general, in its entirety and inserting in lieu thereof a new Code Chapter 112-1, to read as follows: CHAPTER 112-1. WEIGHTS AND MEASURES IN GENERAL. 112-101. Definitions.When used in this Title and any rules or regulations promulgated pursuant thereto the following terms shall have the following meanings unless their use in context clearly requires otherwise: Code Chapter 112-1 amended. Definitions. (a) Commissioner.The term `Commissioner' refers to the Commissioner of Agriculture, the primary constitutional officer of the Georgia Department of Agriculture, charged with the responsibility of enforcing weights and measures laws and regulations. (b) Correct.The term `correct' as used in connection with weights and measures means conformance to all applicable requirements of this Title. (c) Measure.The term `measure' means a volume of standard dry or liquid capacity. (d) Package.The term `package' means any commodity put up or packaged in any manner, in advance of sale, in units suitable for either wholesale or retail sale. (e) Person.The term `person' means and includes individuals,

Page 656

partnerships, firms, corporations, companies, societies and associations. (f) Primary Standards.The term `primary standards' means the physical standards of the State of Georgia which serve as the legal reference from which all other standards and weights and measures are derived. (g) Sale from Bulk.The terms `sale from bulk' or `bulk sale' mean the sale of commodities when the quantity is determined at the time of the sale. (h) Secondary Standards.The term `secondary standards' means the physical standards which are traceable to the primary standards through comparisons, using acceptable laboratory procedures and used in the enforcement of weights and measures laws and regulations. (i) Weight.The term `weight' as used in connection with any commodity means net weight. (j) Weights and Measures.The term `weights and measures' means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices. 112-102. Systems of Weights and Measures.The system of weights and measures in customary use in the United States and the metric system of weights and measures are hereby jointly recognized, and either one, or both, of these systems shall be used for all commercial purposes in the State. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Bureau of Standards are recognized and shall govern weighing and measuring equipment and transactions in the State of Georgia. Systems. 112-103. Physical Standards.Weights and measures that are traceable to the U. S. prototype standards supplied by the federal government, or approved as being satisfactory by the National Bureau of Standards, shall be the State of

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Georgia's primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the National Bureau of Standards. All secondary standards may be prescribed by the Commissioner and shall be verified upon their initial receipt, and as often thereafter as deemed necessary by the Commissioner. Physical Standards. 112-104. Technical Requirements for Commercial Devices.The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices are adopted by the National Conference on Weights and Measures and published in the National Bureau of Standards Handbook 44, entitled `Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices,' and supplements thereto or revisions thereof, shall apply to commercial weighing and measuring devices in the State of Georgia, except insofar as modified or rejected by rules and regulations. Commercial Devices. 112-105 Powers and Duties of the Commissioner.The Commissioner shall: (a) Maintain traceability of the State of Georgia's standards to the National Bureau of Standards. Powers. (b) Enforce the provisions of this Title. (c) Promulgate, adopt and issue reasonable rules and regulations for the enforcement of this Title. Such rules and regulations shall have the force and effect of law. (d) Establish standards of weight, measure, or count, and reasonable standards of fill. The Commissioner is hereby authorized to establish standards for the presentation of cost per unit information for any packaged commodity. (e) Grant any exemptions from the provisions of this Title or any rules or regulations promulgated pursuant thereto, when appropriate to the maintenance of good commercial practices within the State.

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(f) Conduct investigations to ensure compliance with the provisions of this Title. (g) Delegate to appropriate personnel any of these responsibilities for the proper administration of his office. (h) Test the standards of weight and measure used by any inspector of the State of Georgia, adjust where necessary, and approve the same when found to be, or made to be, correct. (i) Inspect and test weights and measures kept, offered, or exposed for sale. (j) Inspect and test to ascertain if they are correct, weights and measures commercially used: (1) in determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or count; or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count. (k) Test all weights and measures used in checking the receipt or disbursement of supplies in every institution, for the maintenance of which funds are appropriated by the General Assembly. (l) Approve for use such weights and measures as he finds to be correct. The Commissioner is hereby authorized to mark approved weights and measures, in his sole discretion. He shall reject and mark as rejected such weights and measures as he finds to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The Commissioner shall condemn and may seize weights and measures found to be incorrect that are not capable of being made correct. (m) Weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale in accordance with this

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Title or rules or regulations promulgated pursuant thereto. In carrying out the provisions of this Section, the Commissioner shall employ recognized sampling procedures, such as are designated in the National Bureau of Standards Handbook 67, entitled `Checking Prepackaged Commodities.' (n) Prescribe, by regulation, the appropriate term or unit of weight or measure to be used, whenever he determines in the case of a specific commodity that an existing practice of declaring the quantity by weight, measure, numerical count, or combination thereof, does not facilitate value comparisons by consumers or offers an opportunity for consumer confusion. (o) Allow reasonable variations from the stated quantity of contents. Such variations shall include those caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices only after the commodity has entered intrastate commerce. 112-106. Special Investigative Powers.When necessary for the enforcement of the provisions of this Title or rules or regulations promulgated pursuant thereto, the Commissioner is hereby: (a) Authorized to enter any commercial premises when open for business, except that, in the event such premises are not open to the public, he shall first present his credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained. (b) Empowered to issue stop-use, hold, and removal orders with respect to any commercially used weights and measures and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale. (c) Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered,

Page 660

or exposed for sale or sold in violation of the provisions of this Title or rules or regulations promulgated pursuant thereto. (d) Empowered to stop any commercial vehicle and, after presentment of his credentials, inspect the contents, require that the person in charge of said vehicle produce any documents in his possession concerning the contents of the vehicle, and require him to proceed with the vehicle to some specified place, which shall not be more than 25 miles distant from the location where the vehicle was stopped, for inspection. (e) Authorized to investigate and prosecute any person violating the provisions of this Title. 112-107. Misrepresentation of Quantity.No person shall sell, offer, or expose for sale less than the quantity he represents, nor take any more than the quantity he represents when, as buyer, he furnishes the weight or measure by means of which the quantity is determined. Misrepresentation, quantity. 112-108. Misrepresentation of Pricing.No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure or count, nor represent the price in any manner calculated to, or tending to, mislead or in any way deceive a person. Same, pricing. 112-109. Method of Sale.Except as otherwise provided by rules or regulations promulgated by the Commissioner, commodities in a liquid form shall be sold by liquid measure or by weight, and commodities not in the liquid form shall be sold only by weight, measure or count, so long as the method of sale provides accurate quantity information. Method of sale. 112-110. Sale from Bulk.Whenever the quantity is determined by the seller, bulk sales in excess of twenty dollars ($20) and all bulk deliveries of heating fuel shall be accompanied by a delivery ticket containing the following information: Sale from bulk. (a) The name and address of the vendor and purchaser.

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(b) The date delivered. (c) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity. (d) The identity of the goods or commodities in the most descriptive terms commercially practicable, including any quantity representation made in connection with the sale. (e) The count of individually wrapped packages, if more than one. 112-111. Information Required on Packages.Except as otherwise provided in this Title or by rules or regulations promulgated pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of: Information required. (a) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container. (b) The quantity of contents in terms of weight, measure, or count. (c) The name and place of business of the manufacturer, packer, or distributor in the case of any package kept, offered, exposed for sale, or sold in any place other than on the premises where packed. 112-112. Declarations of Unit Price on Random Packages.In addition to the declarations required by section 112-111 of this Title, any package which is one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall contain a plain and conspicuous declaration of the price per single unit of weight on the outside of the package. Unit price. 112-113. Advertising Packages for Sale.Whenever a packaged commodity is advertised in any manner with the

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retail price stated, a declaration of quantity as is required by this law or by rule or regulation of the Georgia Department of Agriculture shall appear on the package and shall be closely and conspicuously associated with the retail price. Where a dual declaration is required, only the declaration that sets forth quantity in terms of the smaller unit of weight or measure need appear in the advertisement. Advertising packages for sale. 112-114. Miscellaneous Offenses.It shall be unlawful for any person to: Penalties. (a) Use or possess any incorrect weight or measure for use in commerce. (b) Remove any tag, seal, or mark from any weight or measure without specific written authorization from the Commissioner. (c) Hinder or obstruct the Commissioner or any deputy or other official designated by the Commissioner and charged with the enforcement of the laws of this State dealing with weights and measures in the performance of his duties. 112-115. Moisture Testing Equipment for Sale of Grain; Establishment of Standards; Compliance; Inspections.It shall be the duty of the Commissioner of Agriculture to adopt standards for moisture testing equipment utilized in determining the moisture content of grain offered for sale in this State. Upon the establishment of such standards, it shall be unlawful for any person to utilize any such equipment which does not comply with the standards established hereunder. It shall be the duty of the Commissioner of Agriculture to enforce the provisions of this Section and to make such inspections as shall be necessary to assure that all moisture testing equipment complies with the standards. Moisture testing equipment. 112-116. Restrictions upon Persons Operating Moisture Testing Equipment; Permits.No person shall operate moisture testing equipment to determine the moisture content of grain offered for sale unless such person shall be trained in the operation thereof and shall have obtained a

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permit from the Commissioner of Agriculture after submitting proof to the Commissioner of his ability to operate such equipment. Any such permit shall be valid until suspended or revoked for cause after notice and hearing. There shall be no fee for such permit. Same, restrictios. 112-117. Intrastate Shipments.The Commissioner is hereby authorized to inspect scales used for the calculation and determination of fees or charges for the transportation of bulk materials, packages, goods, and commodities in intrastate shipments by rail, parcel services, motor vehicles, motor transport, buses, and airlines. Intrastate shipments. 112-118. Injunction.The Commissioner or his representative, at the discretion of the Commissioner, is hereby authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this Title. Injunction. 112-119. Presumptive Evidence.Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used in the business conducted at such place. Presumptive evidence. Section 2. Said Code Title is further amended by striking Code section 112-9901, relating to selling or buying by false weights and measures, in its entirety and inserting in lieu thereof a new Code section 112-9901, to read as follows: 112-9901. Violations of Chapter 112-1.Any person, firm, partnership, corporation, society, or association who shall violate the provisions of Code Chapter 112-1, relating to weights and measures in general, or any rule or regulation promulgated pursuant to the provisions of said Code Chapter, shall be guilty of a misdemeanor and, upon conviction thereof shall be punished as for a misdemeanor. Code 112-9901 amended. Section 3. In the event any section, subsection, sentence,

Page 664

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 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. An Act establishing standards for weights and measures, approved March 27, 1941 (Ga. L. 1941, p. 510), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 631), and an Act approved April 9, 1963 (Ga. L. 1963, p. 457), is hereby repealed in its entirety. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. SUPERIOR COURTSCERTAIN CLERK'S FEES CHANGED. Code Title 24 and Code 107-207 Amended. No. 1206 (House Bill No. 1347). An Act to amend Code section 24-2727, relating to fees of the clerks of the superior courts, as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 774), so as to change certain fees and provisions relative to said fees; to amend an Act amending and revising the adoption laws, approved March 27, 1941 (Ga. L. 1941,

Page 665

p. 300), as amended, so as to reenact the provision that the clerks of the superior courts shall forward a copy of the final order of adoption together with the original investigation report filed with the court to the State Department of Family and Children Services; to amend Code section 107-207, relating to costs in actions of trover or bail trover, so as to provide that clerks of the superior courts shall be entitled to receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover, regardless of the amount involved in such cases of trover or bail trover; 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, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 774), 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 in 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: Code 24-2727 amended. CIVIL CASES Filing and docketing suits: complaints or motions $ 4.00 Copying and issuing process or summons 4.00 Each copy after first copy 2.00 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 Writ of partition of land and recording proceedings in case 10.00 Recording incorporation of any company 15.00 Proceedings for voluntary dissolution of charter 15.00 Furnishing and certifying any process, order, etc. for publication 1.50 Recording all instruments pertaining to real estate, per page 2.00 Cancellation of deeds and mortgages .50 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 Clerk's Certificate 1.00 Clerk's Seal 1.00 Issuing jury script or check, each .30 Recording maps or plats 1.00 Before filing any civil 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 therefore, as amended 5.00 Recording deeds of trust or amendments thereto in accordance with the provisions of Code section 108-607, as amended, per page 2.00 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 1.00 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 2.00 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 For each day of service in attendance upon the courts 20.00

Page 668

The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State. 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. The clerks shall receive the same fees as in other civil cases for performing the duties required of them by the Uniform Limited Partnership Act, approved February 15, 1952 (Ga. L. 1952, p. 375), as amended.

Page 669

The clerks shall receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover, regardless of the amount involved in such cases. CRIMINAL CASES Service in entering and docketing bills of indictment, presentments, no bills, accusations, indictments or accusation record 3.00 Service 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 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 Recording proceedings in all cases of habeas corpus, per page 1.50 For each day of service in attendance upon the courts 20.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this State.

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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. An Act amending and revising the adoption laws, approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, is hereby amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14, to read as follows: Section 14. Notice of Final Order of Adoption. 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 Department of Family and Children Services. 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 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

Page 671

contained in said certificate. Said adoption certificate shall be in substantially the following form: Section 3. Code section 107-207, relating to costs in actions of trover or bail trover, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section, to read as follows: 107-207. Costs where $100 or less are involved.In an action of trover or bail trover where the principal amount sued for is $100 or less, or where the value of the property sought to be recovered is $100, or less, the costs in such an action of trover or bail trover in the trial court shall be $5, which shall be equally divided between the clerk of the court and the sheriff: Provided, that the sheriff may also collect the additional amount of costs as provided by law for serving subpoenas upon witnesses; provided, further, that clerks of the superior courts shall be entitled to receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover, regardless of the amount involved in such cases of trover or bail trover. Code 107-207 amended. Section 4. Code Title 24, relating to courts, as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 497), is hereby amended by striking from section 24-2727, relating to fees of clerks of the superior courts, as amended, the following: Before filing any divorce case or proceeding, in accordance

Page 672

with the provisions of Code section 24-3406, as amended, a deposit of..... 20.00, and inserting in lieu thereof the following: Before filing any civil case or proceeding, in accordance with the provisions of Code section 24-3406, as the same may now or hereafter be amended, a deposit of.....20.00 provided that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect; provided further, that nothing contained herein shall be deemed to require such deposit of the State, its agencies, or political subdivisions. Code 24-2727 amended. Section 5. Said Code Title is further amended by striking section 24-3406, relating to cost required in divorce cases, as amended, in its entirety and inserting in lieu thereof a new Code section 24-3406, to read as follows: 24-3406. Deposit of cost required in civil cases. The clerks of the superior courts shall not be required to file any civil 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, provided that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect. If the case or proceeding be dismissed or if the total cost incurred in said case or proceeding is less than the deposit required by Code section 24-2727, as amended, any of the sum remaining in the hands of the clerk shall be repaid. The deposit required to be filed by this Section shall not affect any Code Section or Act of the General Assembly which requires a deposit in excess or in addition to the deposit of cost required by this Section. Nothing contained herein shall be deemed to require such deposit of cost of the State, its agencies, or political subdivisions. Code 24-3406 amended. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

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PHYSICIAN'S ASSISTANTS NOT REQUIRED TO HAVE MEDICAL LICENSE. Chapter 84-9 Amended. No. 1207 (House Bill No. 1591). An Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the provisions relative to the prohibition against the practice of medicine without a license; to change the provisions relative to the grounds for the refusal or revocation of licenses to practice medicine; to provide that this Act shall become effective only under certain circumstances; 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 medical practitioners, as amended, is hereby amended by striking Code section 84-906, relating to the prohibition against the practice of medicine without a license, in its entirety and substituting in lieu thereof a new Code section 84-906 to read as follows: 84-906. Practice of medicine without license prohibited; exceptions. (a) 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

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State, he shall be deemed to be practicing medicine without complying with the provisions of this Chapter, and in violation thereof. Code 84-906 amended. (b) Nothing in this Chapter shall be construed to prohibit: (1) gratuitous services in cases of emergency; (2) the practice of the religious tenets or general beliefs of any church whatsoever; (3) the requiring of a fee for examination by opticians, at their established places of business, who do not prescribe or use drugs or medicines or attach to their names titles indicative that any such persons are engaged in the practice of medicine as defined in this Chapter; (4) the performance of their duties for the federal government by federal physicians, both military and civilian; (5) the practice of medicine, by an individual appointed as an intern or accepted for specialty or residency training in programs approved by the Board, for a period of two years or for such additional period as the Board, by application, may determine; (6) the consultation on special cases in this State of regularly licensed physicians from other states or territories; (7) the licensed practice of dentistry, optometry or chiropractic; (8) the licensed practice of midwifery or nursing; (9) the utilization of a physician's assistant to perform tasks approved by the Board and the performance of such tasks by the physician's assistant and the delegation by a physician to a qualified person other than a physician's assistant of any acts, duties or functions which are otherwise permitted by law or established by custom and the performance of such acts, duties or functions by such a person other than a physician's assistant; or

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(10) the performance of: (i) any medical task, by a student enrolled in a medical college, osteopathic college, or physician's assistant training program approved by the Board, or (ii) any dental task by a student enrolled in a dental college approved by the Board of Dental Examiners of Georgia, where either type task is performed under the supervision of an authorized instructor lawfully licensed in this State to perform such tasks. (c) 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 2. Said Code Chapter is further amended by inserting the word unlawfully between the word medicine and the word or where the same appear in paragraph (18) of Code section 84-916, relating to the grounds for refusal or revocation of license to practice medicine, so that when so amended paragraph (18) of Code section 84-916 shall read as follows: (18) Knowingly performing any act which in any way assists an unlicensed person, or persons, firm, association or corporation to practice medicine unlawfully or permitting or allowing another to use his license or certificate to practice medicine in this State, for the purpose of treating, or offering to treat, sick, injured or afflicted human beings. Code 84-916 amended. Section 3. This Act shall become effective only if the General Assembly of Georgia enacts at the regular 1972 session, and the Governor approves, House Bill Number 1592 entitled the Physician's Assistant Act. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

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PHYSICIANS' ASSISTANT ACT. No. 1208 (House Bill No. 1592). An Act to provide for physicians' assistants; to provide a short title; to provide for the purposes of this Act; to provide for definitions; to provide for all procedures, requirements and other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Physician's Assistant Act. Section 2. Purpose. (a) To alleviate the growing shortage and geographic maldistribution of health care services in Georgia, the General Assembly intends, by this Act, to establish a new category of health care, assistants to physicians, which includes new types of health care personnel, as well as those persons licensed in presently established categories of health care. (b) This Act is intended to encourage the more effective utilization of the skills of physicians by enabling them to delegate health care tasks to such assistants where such delegation is consistent with the patient's health and welfare. Toward this end, the General Assembly hereby intends to remove legal constraints which presently constitute unnecessary hindrances to the more effective delivery of health care services. Section 3. Definitions. The following words and phrases, whenever used in this Act, shall have the meanings as in this Section ascribed to them unless where used the context thereof shall clearly indicate to the contrary. (a) Board means the Composite State Board of Medical Examiners as defined in Code section 84-902, as amended, particularly by an Act approved March 16, 1970 (Ga. L. 1970, p. 301), and as may hereafter be amended.

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(b) Physician means a person lawfully licensed in this State to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia, as amended. (c) Physician's assistant means a skilled person qualified by academic and practical training to provide patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying physician. (d) Evaluation agency means a public or private hospital, school, laboratory, clinic, Federal or State institution or agency, or similar facility which has been approved by the Board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the Board, of the proposed physician's assistant's qualifications to perform the tasks described in the job description. Section 4. Physician's application. In order to obtain approval for the utilization of a person as a physician's assistant, whether the utilization be in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant shall submit an application to the Board, together with: (a) Evidence submitted by the proposed physician's assistant of his good moral character; (b) Evidence of his competency in a health care area related to his job description which, as a minimum, shall include: (1) Satisfactory completion of a training program approved by the Board; and that if the applicant is not a graduate of an accredited school approved by the Board he shall be required to receive Board approved refresher training and testing. (2) A finding by the Board-approved evaluation agency

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that the proposed physician's assistant is qualified to perform the tasks described in the job description. (c) A job description, signed by the applying physician, which shall include: (1) The qualifications, including related experience, possessed by the proposed physician's assistant; (2) The professional background and specialty of the physician submitting the application; (3) A description of the physician's practice and the way in which the assistant is to be utilized. (d) A fee, established by the Board, which shall be commensurate with the cost of fulfilling the statutory duties of the Board as defined in this Act, provided, however, that no fee will be required if the physician's assistant is an employee of the State or county government. (e) No physician shall have more than two physician's assistants in his employment at any one time. Nothing in this Act shall prevent a physician from submitting a new job description when a physician's assistant, by reason of further education or experience and successfully passing additional test(s) as shall be outlined and administered by the Board of Medical Examiners, becomes capable of performing a wider range of medical tasks. A physician's assistant as defined under this Act shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this Act shall preclude a physician's assistant from making house calls, hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform.

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A physician's assistant may not be utilized to perform the duties of a pharmacist licensed under Code Chapter 79 A-4, relating to pharmacists, as now or hereafter amended. A physician employed by the State Health Department or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's assistant employed by the State Health Department or by any institution thereof or by a local health department. Section 5. Board approval of physician's application. (a) Within a reasonable time after receipt of the documents required by Section 4 of this Act, the Board shall give to the applicant written notice of approval or disapproval of the application and, if approval of the application is given, the Board shall issue to the assistant a certificate authorizing the assistant to perform medical tasks under the direction and supervision, as defined in this Act and in the job description, of the applying physician. (b) The Board shall not approve an application unless it finds from the information forwarded with the application that the proposed physician's assistant is fully qualified to perform the tasks described in the job description and will be utilized in a manner that will not endanger the health and welfare of patients upon whom he may perform the described medical tasks. Section 6. Physician's direction of the approved physician's assistant. On receipt of notice of the Board's approval, a physician's assistant, under the direction of the applying physician, may perform the tasks described in the job description. Provided, that nothing in this Section shall make unlawful the performance of a medical task by the physician's assistant, whether or not said task is specified in the general job description, when it is performed under the direct supervision and in the presence of the physician utilizing him.

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Section 7. Termination of approval. (a) The approval of a physician's utilization of a physician's assistant may be terminated and the certificate revoked by the Board when, after due notice and a hearing, in accordance with the provisions of this Section, it shall find that the assistant is incompetent or has committed unethical or immoral acts, including but not limited to, holding himself out or permitting another to represent him as a licensed physician; performing otherwise than at the direction of a physician approved by the Board to utilize the assistant's services; habitually using intoxicants or drugs to such an extent that he is unable safely to perform as an assistant to the physician; being convicted in any court, State or Federal, of any felony or other criminal offense involving moral turpitude. (b) Before the Board shall give written notice to the physician's assistant of termination of approval granted by it to an assistant, it will give to the assistant a timely and reasonable written notice indicating the general nature of the charges, accusation or complaint preferred against him, and stating that the assistant will be given an opportunity to be heard concerning such charges or complaints at a time and shall hold a public hearing within a reasonable time. Following such hearing, the Board shall determine, on the basis of its regulations, whether the approval of the assistant shall be terminated. (c) In hearings held pursuant to subsection (b) of this Section, the Board shall apply the rules of evidence as prescribed in the Act known as the Georgia Administration Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. Section 8. Authority to adopt rules and regulations in exercising powers. In addition to the powers specifically delegated to it in this Act, the Board shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient development of the category of health care established by this Act. The Board shall have the authority to promulgate rules and regulations governing the definitions of delegation by physicians to qualified

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persons other than physician's assistants of any acts, duties or functions which are permitted by law or established by custom. Any power vested by law in the Board, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by the Board in a reasonable manner, pursuant to such rules, regulations, and procedures as the Board may adopt, and subject to such limitations as may be provided by law. Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 10. Any physician, clinic or hospital using physician's assistant shall post a notice to that effect in a prominent place. Notice. Section 11. This Act shall become effective only if the General Assembly of Georgia enacts at the regular 1972 session, and the Governor approves House Bill No. 1591 amending Code Chapter 84-9 relative to medical practitioners. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

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INSURANCEHOSPITAL SERVICE NONPROFIT CORPORATIONS RELIEVED OF GIVING BOND, ETC. Code 56-1703 Amended. No. 1209 (House Bill No. 1638). An Act to amend Code section 56-1703, relating to corporations insurance companies and bonds or deposits required, so as to provide that the fee and tax provisions of Code Chapter 56-13 shall be applicable to hospital service nonprofit corporations organized and operated under Chapter 56-17; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1703, relating to corporations insurance companies and bonds or deposits required, is hereby amended by striking therefrom the following: and the fee and tax provisions of Chapter 56-13, so that when so amended, Code section 56-1703 shall read as follows: 56-1703. Corporations insurance companies; no bond or deposit required.Such corporations shall be governed by this Chapter. Such corporations organized and operated under the provisions of this Chapter shall not be required by any department of this State to post bond, or put up deposits with any department of this State to begin and/or operate under this Chapter, and the deposit provisions of Chapters 56-3 and 56-11 are hereby declared inapplicable to corporations organized and/or operated under this Chapter. Code 56-1703 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

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GEORGIA HEALTH CODE AMENDEDADDITIONAL HOSPITAL AUTHORITIES IN CERTAIN COUNTIES PROVIDED, ETC. (100,000 OR MORE). Code 88-1802 Amended; Code 88-1803.1 Enacted. No. 1210 (House Bill No. 1639). An Act to amend the Act of the General Assembly known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499 et seq.), as amended, by deleting subsection (a) of section 88-1802 and inserting in lieu thereof a new subsection (a) of section 88-1802 by providing a new definition for a Hospital Authority or Authority; by inserting a new section between sections 88-1803 and 88-1804 to be designated section 88-1803.1 in order to create an additional Hospital Authority in certain counties of this State; to provide for the rights, powers, duties, obligations and exemptions for each such Authority hereby created; to provide that nothing herein contained shall abrogate any of the actions or obligations of existing Authorities nor shall it be construed as adversely affecting the rights and interests of the holders or owners of obligations now or hereafter issued by existing Authorities; to provide for severability; to provide an effective date; to repeal all laws in conflict herewith; 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. The Act of the General Assembly known as the Georgia Health Code approved March 18, 1964 (Ga. L. 1964, p. 499 et seq.), as amended, be and the same is hereby amended by deleting therefrom subsection (a) of section 88-1802 of the Chapter referred to therein as the Hospital Authorities Law and inserting in lieu thereof a new subsection (a) of section 88-1802 to read, as follows: (a) `Authority' or `Hospital Authority' means any public corporation created by this Chapter. Code 88-1802 amended.

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Section 2. Said Act is further amended by inserting a new section between sections 88-1803 and 88-1804 to be designated section 88-1803.1 to read, as follows: 88-1803.1. Creation of an Additional Hospital Authority In Certain Counties. (a) Any other provision of this Chapter to the contrary notwithstanding, there be and there is hereby created in and for each county of this State having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census, a public body corporate and politic to be known as the Hospital Authority. Said Hospital Authority in each such county shall be a separate entity and in addition to the Hospital Authority of each County of this State created pursuant to the provisions of section 88-1803. Each such additional Hospital Authority shall consist of a board of not less than five nor more than nine members to be appointed by the governing body of each such county for staggered terms as specified by resolution of the governing body. No such Authority created hereunder shall transact any business or exercise any powers hereunder until the governing body of each such county shall, by proper resolution, declare that there is a need for an additional Authority to function within such county. In said resolution the governing body shall also determine and declare that such Hospital Authority is being created pursuant to this section 88-1803.1 and adopt a designation for said Hospital Authority so as to reflect that same is a separate and distinct entity from the Hospital Authority created pursuant to section 88-1803. A copy of said resolution adopted by the governing body shall be filed with the Department and copies of any resolutions adopted by the governing body providing for filling vacancies in the membership of the Authority or making any changes in membership shall also be filed with the Department. Appointments to fill vacancies on the board of any of said Authorities shall be made as provided in Chapter 88-1803 hereof. Code 88-1803.1 enacted. (b) All provisions of the Chapter referred to as the Hospital Authorities Law, including, but not limited to,

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the rights, powers, duties, obligations and exemptions from taxation provided thereby for Hospital Authorities shall apply to the additional Hospital Authorities created pursuant to this Section and the Hospital Authorities so created pursuant hereto, shall, in all respects, to the extent applicable for the purposes of this Chapter be treated as though same had been originally created pursuant to Section 88-1803. (c) It is hereby declared that this Section shall be cumulative of and supplemental to Section 88-1803 and not in lieu thereof. It is expressly provided, that nothing herein contained shall invalidate or abrogate any of the actions or obligations of existing Authorities created pursuant to Section 88-1803 and further that nothing herein contained shall be construed as adversely affecting the rights and interests of the holders or owners of any bonds, certificates or bligations now or hereafter issued by said existing Authorities. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

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ROME JUDICIAL CIRCUITCOMPENSATION OF ASSISTANT DISTRICT ATTORNEY CHANGED. No. 1212 (House Bill No. 1788). An Act to amend an Act placing the district attorney of the Rome Judicial Circuit on an annual salary, approved February 28, 1956 (Ga. L. 1956, p. 385), as amended, so as to change the compensation provisions relating to the assistant district attorney; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the district attorney of the Rome Judicial Circuit on an annual salary, approved February 28, 1956 (Ga. L. 1956, p. 385), as amended, is hereby amended by striking section 7 in its entirety and inserting a new section 7, to read as follows: Section 7. Said assistant district attorney shall be paid a salary of ten thousand five hundred ($10,500.00) dollars per annum, to be paid in equal monthly installments out of county funds. Such salary shall be the authorized minimum, and the governing authority of Floyd County shall have the power to increase such salary when it deems necessary. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1972 session of the General Assembly of Georgia, a bill to change the compensation of the judge and assistant district attorney of the State Court of Floyd County; and for other purposes. This 20th day of January, 1972. /s/ Sam W. Doss, Jr. Senator, 52nd District

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/s/ Sidney Lowrey Representative, 9th District /s/ E. B. Toles Representative, 9th District /s/ John Adams Representative, 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 24, 1972, and February 3rd and 10th, 1972. /s/ John Adams Representative, 9th District Sworn to and subscribed before me, this 21st day of February, 1972. /s/ Bobbie H. Hayes Notary Public, Georgia State at Large. My Commission Expires Dec. 20, 1975. (Seal). Approved March 31, 1972.

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HEALTHALL FEMALES AUTHORIZED TO GIVE CONSENT FOR MEDICAL OR SURGICAL TREATMENT IN CONNECTION WITH PREVENTION OF PREGNANCIES. Code 88-2904 Amended. No. 1224 (House Bill No. 2072). An Act to amend Code section 88-2904, relating to persons who may give consent to surgical or medical treatment, so as to provide that any female regardless of age or marital status, may give consent to medical or surgical treatment for herself when given in connection with the prevention of pregnancy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-2904, relating to persons who may give consent to surgical or medical treatment, is hereby amended by adding to subsection (f), following the word pregnancy, the following: , or the prevention thereof,, so that when so amended, Code section 88-2904 shall read as follows: Section 88-2904. In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed or directed by a duly licensed physician: Code 88-2904 amended. (a) Any adult, for himself; (b) Any parent, whether an adult or a minor, for his minor child;

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(c) Any married persons, whether an adult or a minor, for himself, and for his spouse; (d) Any person temporarily standing in loco parentis whether formally serving or not, for the minor under his care and any guardian, for his ward; (e) Any minor 18 years of age or over, for himself; (f) Any female regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; (g) In the absence of a parent, any adult, for his minor brother or sister; (h) In the absence of a parent, any grandparent for his minor grandchild. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. PRACTICE AND PROCEDURECIVIL PRACTICE ACT AMENDED. No. 1225 (Senate Bill No. 200). An Act to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post-trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, so as to change the provisions relating to service of notice by publication; to change the provisions relating to alternative service; to provide for alternative methods of service in certain proceedings; to change the provisions relating to the defense of failure to join certain parties; to provide for parties to certain actions or motions; to provide for changing parties against whom a claim is asserted; to

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change the provisions relating to joinder of persons needed for just adjudication; to provide for special verdicts; to provide that no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement for a certain time period after it is entered; to change the provisions relating to interlocutory injunctions; to change the provisions relating to temporary restraining orders; 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 comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post-trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, is hereby amended by striking from subsection (e) (l) (iii) of section 4, the following: When publication is ordered, personal service of a copy of the summons, complaint, and order of publication, out of the State, shall be equivalent to mailing when proved to the satisfaction of the judge by affidavit or otherwise., and inserting in lieu thereof the following: When service by publication is ordered, personal service of a copy of the summons, complaint and order of publication out of the State in lieu of publication shall be equivalent to serving notice by publication and to mailing when proved to the satisfaction of the judge or otherwise. The defendant shall have thirty (30) days from the date of such personal service outside the State in which to file defensive pleadings., so that, when so amended, subsection (e) (l) (iii) of section 4 shall read as follows: 4 (e) (l) (iii). When the court orders service by publication, the clerk shall cause the publication to be made in the paper in which sheriff's advertisements are printed four times within the ensuing sixty days, publications to be

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at least seven days apart. The party obtaining the order shall at the time of filing deposit the cost of publication. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to file with the clerk and serve upon the plaintiff's attorney, an answer within sixty days of the date of the order for service by publication and shall bear teste in the name of the judge, and shall be signed by the clerk of said court. Where the residence or abiding place of the absent or nonresident is known, the party obtaining the order shall advise the clerk thereof, and it shall be the duty of the clerk, within 15 days after filing of the order for service by publication, to enclose, direct, stamp and mail a copy of the notice, together with a copy of the order for service by publication and complaint (if any), to said party named in said order at his last known address, if any, and make an entry of his action on the complaint or other pleadings filed in said case. The copy of the notice to be mailed to the nonresident shall be a duplicate of the one published in the newspaper, but need not necessarily be a copy of the newspaper itself. When service by publication is ordered, personal service of a copy of the summons, complaint and order of publication out of the State in lieu of publication shall be equivalent to serving notice by publication and to mailing when proved to the satisfaction of the judge or otherwise. The defendant shall have thirty (30) days from the date of such personal service outside the State in which to file defensive pleadings. Service by publication. Section 2. Said Act is further amended by adding to the end of the second sentence of section 4(i) the following: or under any other methods prescribed in this section, so that, when so amended, section 4(i) shall read as follows: (i) Alternative Service. The methods of service provided herein are cumulative, and may be utilized with, after, or independently of, other methods of service. Whenever a

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statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute or under any other methods prescribed in this Section. The provisions for service by publication herein provided shall apply in any action or proceeding in which service by publication now or hereafter may be authorized by law, and where by law special provision is made for service by publication, the procedure for such service by publication herein provided may be utilized in lieu thereof. In all cases or special proceedings where the requirements or procedure for service, or both, are not prescribed by law, and in any situation where the provisions therefor are not clear or certain, the court may prescribe service according to the exigencies of each case, consistent with the Constitution. Alternative Service. Section 3. Said Act is further amended by adding, at the end of section 4, a new subsection, to be known as subsection (j), to read as follows: (j) The methods of service provided in this section may be used as alternative methods of service in proceedings in the Court of Ordinary and in any other special statutory proceedings, and may be used with, after or independently of the method of service specifically provided for in any such proceeding, and, in any such proceeding, service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding or in accordance with this Section. Same, other proceedings. Section 4. Said Act is further amended by striking from subsection (b) of section 12 the following: (7) failure to join an indispensable party., and inserting in lieu thereof the following: (7) failure to join a party under section 19., so that, when so amended, subsection (b) of section 12 shall read as follows: (b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counter-claim,

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cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion in writing: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under section 19. A motion making any of these defenses shall be made before or at the time of pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in section 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Section 56. Defenses. Section 5. Said Act is further amended by adding, at the end of section 12, a new subsection, to be known as subsection (i), to read as follows: (i) The officer making service of process and the principal officer in charge of service made by a deputy need not be made a party to any action or motion where the defense or defenses under subsections (b) (2), (4) or (5) of this section are asserted by motion or by answer. Any party to the action may give notice of the objection to the service, made pursuant to said subsections, to the officer making the service and the principal officer in case of service made by a deputy, and the court shall afford such officer or officers opportunity to defend his service, in which case the decision on the question of service shall be conclusive on the officer and his principal in case of service by a deputy. Traverse of service.

Page 694

Section 6. Said Act is further amended by adding at the end of subsection (c) of section 15, the following: An amendment changing the party against whom a claim is asserted relates back to the date of the original pleadings if the foregoing provisions are satisfied, and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) know or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him., so that when so amended, subsection (c) of section 15 shall read as follows: (c) Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back to the date of the original pleadings if the foregoing provisions are satisfied, and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him. Relation back of amendments. Section 7. Said Act is further amended by striking section 19 in its entirety and inserting in lieu thereof a new section 19, to read as follows: Section 19. Joinder of Persons Needed for Just Adjudication.(a) Persons to be Joined if Feasible. A person who is subject to service of process shall be joined as a party in the action if (1) in his absence complete relief

Page 695

cannot be afforded among those who are already parties, or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons who are already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action. Joinder of persons. (b) Determination by Court Whenever Joinder not Feasible. If a person, as described in subsection (a) (1)-(2) hereof, cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: (1) to what extent a judgment rendered in the person's absence might be prejudicial to him or to those already parties; (2) the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; (3) whether a judgment rendered in the person's absence will be adequate; (4) whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder; and (5) whether and by whom prejudice might have been avoided or may, in the future, be avoided. Same, feasibility. (c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons, as described in subsection (a) (1)-(2) hereof, who are not joined, and the reasons why they are not joined. (d) Exception of Class Actions. The provisions of this section shall be subject to the provisions of Section 23.

Page 696

Section 8. Said Act is further amended by inserting, preceding the first sentence of section 49, the following: (a), and by inserting, at the end thereof, a new subsection, to be known as subsection (b), to read as follows: (b) Upon written request by any party made on or before the call of the case for trial, it shall be the duty of the court to require the jury to return only a special verdict, as above provided, in any case involving equitable relief, mandamus, quo warranto, prohibition, a declaratory judgment, and in any other case or proceeding where special verdicts may now or hereafter be specifically required by law. The Court shall prescribe the form of the questions for submission to the jury., so that, when so amended, section 49 shall read as follows: Section 49. Special Verdicts. (a) The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issues so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accordance with the judgment on the special verdict. Special verdicts. (b) Upon written request by any party made on or before

Page 697

the call of the case for trial, it shall be the duty of the court to require the jury to return only a special verdict, as above provided, in any case involving equitable relief, mandamus, quo warranto, prohibition, a declaratory judgment, and in any other case or proceeding where special verdicts may now or hereafter be specifically required by law. The Court shall prescribe the form of the questions for submission to the jury. Section 9. Said Act is further amended by striking from subsection (a) of section 62 the following: Execution upon a default judgment and proceedings thereon may be taken for its enforcement as soon as it is entered., and inserting in lieu thereof the following: No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten days after its entry, except that in the case of a default judgment, execution may issue and enforcement proceedings may be taken at any time after entry of judgment., so that, when so amended, subsection (a) of section 62 shall read as follows: (a) No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten days after its entry, except that in the case of a default judgment, execution may issue and enforcement proceedings may be taken at any time after entry of judgment. 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 subsection (c) of this Section govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal. Default judgment executions.

Page 698

Section 10 . Said Act is further amended by striking subsection (a) of section 65 in its entirety, and substituting in lieu thereof a new subsection (a), to read as follows: (a) Interlocutory Injunction.(1) Notice. No interlocutory injunction shall be issued without notice to the adverse party. (2) Consolidation of Hearing with Trial on Merits. Before or after the commencement of the hearing of an application for an interlocutory injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received upon an application for an interlocutory injunction which would be admissible upon the trial on the merits shall become a part of the record on the trial and need not be repeated upon the trial. This paragraph shall be construed and applied so as to save any rights of the parties which they may have to trial by jury. Interlocutory injunction. Section 11 . Said Act is further amended by striking from subsection (b) of section 65 the following: No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon., and inserting in lieu thereof the following: A temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition, and (2) the applicant's attorney certifies to the court, in writing, the efforts, if any, which have been made to give the notice and the reasons supporting

Page 699

said party's claim that notice should not be required., so that when so amended subsection (b) of section 65 shall read as follows: (b) Temporary Restraining Order; Notice; Hearing Duration. A temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if (1) it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition, and (2) the applicant's attorney certifies to the court, in writing, the efforts, if any, which have been made to give the notice and the reasons supporting said party's claim that notice should not be required. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; and shall expire by its terms within such time after enry, not to exceed 30 days, as the court fixes, unless the party against whom the order is directed consents that it may be extended for a longer period. In case a temporary restraining order is granted without notice, the motion for an interlocutory injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for an interlocutory injunction, and if he does not do so, the court shall dissolve the temporary restraining order. On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. Temporary restraining order. Section 12 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

Page 700

COMMUNITY SERVICES ACT FOR THE MENTALLY RETARDED. No. 1226 (Senate Bill No. 347). An Act to authorize, empower and direct county boards of health to provide comprehensive community services for certain mentally retarded and other developmentally disabled persons; to authorize, empower and direct the Department of Public Health to encourage and assist county boards of health in planning and developing community services through consultation, provisions of standards and financing of all operating cost; to provide a short title; to provide for the declaration of policy; to provide definitions; to provide for the application of the Act; to provide for the Department of Public Health to establish standards; to provide for the employment of professional and nonprofessional personnel; to provide for full implementation of this Act by June 30, 1978; to provide for the application of a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act shall be known and may be cited as the Community Services Act for the Mentally Retarded. Section 2. Declaration of Policy . Since the State of Georgia accepts a responsibility for its mentally retarded citizens and an obligation to them which it must discharge, a pattern of facilities, programs and services shall be made available to meet the needs of each mentally retarded person during his entire lifetime. The primary purpose of this Act shall be to provide community alternatives to total institutional care, so that mentally retarded individuals can continue to live in their home communities. Section 3. Definitions . Unless the context indicates otherwise, the terms used in this Act shall have the meanings ascribed to them in this Section.

Page 701

(a) Mentally retarded individual shall mean a person whose ability to care for himself is substantially impaired by mental retardation or by a neurological dysfunction associated with mental retardation. (b) Department means the Department of Public Health. (c) Community services shall mean all services deemed reasonably necessary by the Department to provide for education, training, rehabilitation and care of mentally retarded individuals, and shall include, but not be limited to, diagnostic and evaluation services, day care and training services, work activity services, community residential services such as group family care homes, transportation services incidental to educational, training and rehabilitation services, social services, medical services and specified home services. Section 4. Application of the Act . (a) The provisions of this Act shall apply to all county boards of health in Georgia and to the Department of Public Health. (b) Mentally retarded individuals who are not eligible to receive the services enumerated in subsection (c) of section 3 from other public agencies and mentally retarded individuals who are not in fact receiving such services shall be entitled to receive all services afforded under the provisions of this Act. Section 5. Community Services for the Mentally Retarded . (a) County boards of health shall, subject to limitations herein specified, provide such community services as defined in subsection (c) of section 3 and employ such personnel as may be needed to serve those mentally retarded individuals in their respective counties. (b) The district health department shall be designated as the fixed point of referral and information, providing lifetime advice and guidance to the family or guardian of the retarded person, and referral to appropriate services.

Page 702

Section 6. Development of County Plan . (a) Each county board of health shall, on or before July 1, 1973, submit to the Department a plan for providing comprehensive community services to mentally retarded individuals residing in the county; provided, however, that any group of counties comprising a health district may join and submit one plan covering the entire health district. The plan shall state: (1) an estimate of the number of mentally retarded individuals residing in the county who require services afforded by this Act; (2) a description of the specific services required by mentally retarded individuals residing in this county; (3) a description of physical facilities available for use in providing the required community services; (4) a description of physical facilities, if any, which must be constructed to provide the necessary services; (5) a proposed staff roster of professional and nonprofessional employees who must be hired to provide necessary services; (6) a detailed budget showing all costs of providing the necessary services for fiscal years 1977, 1978 and 1979, and a summary budget for each fiscal year from 1980 through 1985 inclusive. (b) The Department shall provide assistance to county boards of health in preparing the plan required by subsection (a). (c) The Department shall review the plan submitted by each county or district as required by subsection (a) and shall suggest such changes as may be necessary to achieve the objects of this Act. (d) On or before July 1, 1975, the Department shall publish an approved plan for each county or district which shall specify each point set out in subsection (a).

Page 703

Section 7. Development and Consultation . (a) The Department of Public Health shall provide assistance to county boards of health in developing a full range of community services for the mentally retarded through consultation and provision of standards. The Department shall assist county boards of health in obtaining federal funds where such resources are available, and shall finance 100% of all operating costs not borne by federal funds. (b) Should a county board of health fail to take the necessary action to provide approved community services for mentally retarded individuals, the Department of Public Health shall be empowered to establish and operate such services in lieu of operation by said county board of health. Section 8. Standards . The Department of Public Health shall establish standards for community services, shall regularly inspect programs under operation and shall issue statements of approval to programs meeting State standards. Where deficiencies are found, county boards of health shall be notified, and a reasonable time to correct such deficiencies shall be allowed. Reinspections shall be made as necessary to assure State approval of services. Section 9. Payment of Cost of Care of Persons . The community residential services provided in this Act shall be covered by an Act approved March 23, 1960 (Ga. L. 1960, p. 1138), relating to the payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the State Board of Health or Georgia Department of Public Health, as amended. The services provided by this Act such as day care and training services shall not be covered by the provisions of said 1960 Act. Section 10. Implementation of Act. The Department of Public Health shall employ sufficient professional and non-professional persons to assure full implementation of this Act by June 30, 1978. All community services specified in section 4 (b) shall be made available for all mentally retarded individuals by June 30, 1978.

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Section 11. Standard Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. EMPLOYEES' RETIREMENT SYSTEM AMENDEDCERTAIN MESSENGERS AND DOORKEEPERS INCLUDED. No. 1227 (Senate Bill No. 365). An Act to amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. L. 1967, p. 259), as amended, particularly by an Act approved March 18, 1971 (Ga. L. 1971, p. 107), so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Representatives as staff members; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. L. 1967, p. 259), as amended, particularly by an Act approved March 18, 1971 (Ga. L. 1971, p. 107), is hereby amended by striking subsection (12) of section 1 and inserting in lieu thereof a new subsection (12) to read as follows: (12) `Staff members' shall mean (a) the Secretary of the Senate, (b) the Clerk of the House of Representatives, and (c) the Messenger and Doorkeeper for each of the two Houses of the General Assembly. Staff members defined. Section 2 . Said Act is further amended by striking the second paragraph from section 20A. which reads as follows: On and after the passage of this Act, all future members of the General Assembly, the Secretary of the Senate and the Clerk of the House of Representatives, shall upon taking office, thereby become a member of the Employees'

Page 705

Retirement System of Georgia, but shall not be eligible for membership in the Georgia Legislative Retirement System., and inserting in lieu thereof the following: On and after the passage of this Act, all future members of the General Assembly, the Secretary of the Senate, the Clerk of the House of Representatives, and the Messenger and Doorkeeper of each of the two Houses of the General Assembly, shall, upon taking office, thereby become a member of the Employees' Retirement System of Georgia, but shall not be eligible for membership in the Georgia Legislative Retirement System. Future members. 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 31, 1972. SHERIFFS' RETIREMENT FUND ACT AMENDEDAGE REDUCED, ETC. No. 1228 (Senate Bill No. 419). An Act to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for sheriffs, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, so as to reduce the retirement age and provide for increased retirement benefits; to provide for prior service credit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Sheriffs' Retirement

Page 706

Fund of Georgia and providing for a retirement system for sheriffs, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, is hereby amended by striking from subsection 3 of section 17 the following: sixty (60) and substituting in lieu thereof the following: fifty-five (55), so that when so amended, subsection 3 of section 17 shall read as follows: 3. He must have reached the age of fifty-five (55) years. Age. Section 2. Said Act is further amended by inserting following section 12 a new section 12A to read as follows: Section 12A. Any member of the fund who has served as a sheriff for at least 12 years and who served as a warden of a county works camp for at least 10 years prior to his service as a sheriff may, upon application to the Board, receive credit for retirement purposes under this Act for 4 years of prior service served as such a warden. Service. Section 3. Said Act is further amended by striking from subsection 5 of section 17 the following: sixty (60) and substituting in lieu thereof the following: fifty-five (55), so that when so amended, subsection 5 of section 17 shall read as follows: 5. He must have filed his application for such retirement benefits, as may be required by said Board of Commissioners, with the secretary-treasurer of said Board of

Page 707

Commissioners, within a period of ninety (90) days, or as soon thereafter as possible, after reaching fifty-five (55) years of age, or after termination of his official capacity and service as such sheriff, whichever is the latter date. Application. Section 4. Said Act is further amended by striking from section 18, wherever the same shall appear, the following: forty ($40.00) and $200.00 and substituting in lieu thereof the following, respectively: fifty ($50.00) and $250.00, so that when so amended, section 18 shall read as follows: Section 18. Any member of said retirement fund who, upon being approved for such retirement benefits, shall have no more than four (4) years service credited to him under the provisions of this Act, shall be paid a monthly retirement of fifty ($50.00) dollars until his death. And any member who, upon being approved for such retirement benefits, shall have more than four (4) years service credited to him under the provisions of this Act, shall be paid a monthly retirement of fifty ($50.00) dollars, plus ten ($10.00) dollars per month for each additional year of service so credited to him, however not to in any case exceed a maximum monthly sum of $250.00, such maximum monthly sum to be paid only in event a member may have a minimum of twenty (20) years or more of creditable service credited to him under the provisions of this Act. However, any other provision of law to the contrary notwithstanding, twenty ($20.00) dollars shall be deducted monthly from such retirement pay of all members who have been credited with any period of service under the provisions of this Act which was performed prior to January 1, 1961, and for which dues shall not have been paid, until a total sum equal to the total sum of twenty ($20.00) dollars for every month of such service prior to January 1, 1961, so credited to him shall have been withheld, or until a maximum of twenty years has been paid or withheld,

Page 708

or until the death of such member, whichever may occur first, as payment of said dues. Service credit. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. HEALTHKIDNEY DISEASE PROGRAM ESTABLISHED. Code Title 88 Amended. No. 1229 (Senate Bill No. 442). An Act to amend Code Title 88, relative to public health, as amended, so as to establish in the Department of Public Health a program for the control and prevention of kidney disease and for the care of patients suffering from chronic renal diseases; to designate powers and duties in relation thereto; to provide an effective date; 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 Title 88, relative to public health, as amended, is hereby amended by adding a new Code Chapter to be designated Code Chapter 88-30 and to read as follows: Chapter 88-30, Kidney Disease Program 88-3001. Findings and declarations. (a) It is hereby declared and found that one of the most serious and tragic problems facing the public health and welfare is the death of hundreds of persons in Georgia every year from chronic renal disease, when the present state of the medical art and technology could return these persons to a socially productive life. Advances and discoveries in the treatment of patients suffering from chronic renal disease now allow,

Page 709

not mere survival, but rehabilitation of these patients to their normal occupations and activities. Presently, these patients are dying for lack of personal financial resources to pay for the expensive equipment and care which they need. Code 88-3001 enacted. (b) The State hereby recognizes its responsibility to its citizens to allow them to keep their health without being pauperized and to use the resources and organization of the State to aid in gathering and disseminating information on the treatment of chronic renal disease. It is believed that these programs will, by making treatment of chronic renal disease easily available, steadily lower the cost of such treatment. 88-3002. Establish program. The Department of Public Health shall establish a program for prevention, control and treatment of kidney disease, including the care of patients suffering from chronic kidney failure, who require lifesaving therapy, but are unable to pay for such services on a continuing basis. Code 88-3002 enacted. 88-3003. Kidney Disease Advisory Committee. (a) The Director of the Department of Public Health, hereinafter referred to as Director, shall appoint a Kidney Disease Advisory Committee, hereinafter referred to as KDAC, to advise the Department in the administration of this Chapter. The KDAC shall establish priorities and relative budgets for the various purposes of this Code Chapter as described below. Code 88-3003 enacted. (b) The KDAC shall consist of 13 members appointed by the Director as follows: (1) Two members shall be appointed by the Director from a list of 6 names submitted to him by the presidents of the medical colleges located within Georgia, both public and private. (2) Two members shall be appointed by the Director from a list of 6 names submitted to him by the chief executive officers of the hospitals located within Georgia

Page 710

which provide chronic dialysis and kidney transplantation services. (3) Two members shall be appointed by the Director from a list of 6 names submitted to him by the Medical Association of Georgia. (4) One member shall be appointed by the Director from a list of 3 names submitted to him by the Kidney Foundation of Georgia. (5) One member shall be appointed by the Director from a list of 3 names submitted to him by the Georgia Claims Association and the Health Insurance Council. (6) One member shall be appointed by the Director from a list of 3 names submitted to him by the Director of the Division of Vocational Rehabilitation of the State Department of Education. (7) Four members shall be selected by the Director from the general public. (c) The persons whose names are submitted to the Director by the medical colleges, the hospitals and the Medical Association of Georgia shall all be physicians licensed to practice medicine under the laws of Georgia, and the persons whose names are submitted by the Medical Association of Georgia shall be actively engaged in the practice of medicine. (d) The Director shall appoint the initial members for staggered terms as follows: three shall be appointed for terms to expire on the first December 31 following their appointment; three shall be appointed for terms to expire on the second December 31 following their appointment; three shall be appointed for terms to expire on the third December 31 following their appointment; and four shall be appointed for terms to expire on the fourth December 31 following their appointment. Thereafter, their successors shall be appointed for terms of four years, and until their successors are appointed and qualified, to begin on

Page 711

the expiration of the respective terms of office. In the event of a vacancy for any reason, the Director shall fill said vacancy for the unexpired term in the same manner that other appointments are made. (e) The KDAC shall meet as often as the Director deems necessary but not less than twice each year. The members of the KDAC shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties as members thereof. 88-3004. Kidney Disease Control Organization. The Director shall appoint a Kidney Disease Control Officer. He must be a physician licensed to practice medicine under the laws of Georgia and must be knowledgeable in the fields of medicine covered by this Chapter as evidenced by two years of specialized work devoted to the diagnosis and treatment of kidney failure. He shall administer the Kidney Disease Program for the Department of Health in compliance with this Chapter. He shall have an office with clerical and administrative assistance to carry out this program. Code 88-3004 enacted. 88-3005. Requirements for program. The Director with the advice of the KDAC shall: (a) Develop standards for determining eligibility of patients for care and treatment under this program. Set physical and medical standards for the operation of dialysis and kidney transplantation centers. When such centers meet the standards, they shall be certified by the State Department of Public Health. Patients treated at any uncertified center shall not be eligible for State aid for their treatment. (b) Allocate State matching funds to Federal Grant Programs for patient care, in whatever department of State government they may be administered, so as to maximize the total funds available and to obtain funding needed by the specific patient population which is declared eligible.

Page 712

These programs include but are not restricted to Medicaid, Crippled Children's Services and Vocational Rehabilitation. (c) Extend financial aid to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical and technical services necessary in caring for such diseases, including the provision of home dialysis equipment or bearing expenses in obtaining organs for transplantation, or both. Criteria and procedures for financial aid will be developed by the Department in accordance with the principle that pauperization of a functional family unit will subvert the rehabilitative purposes of this program and be more costly to the State in the long run. (d) Assist in the development and expansion, by grant or by contract, of programs for the care and treatment of persons suffering from chronic renal diseases, so that the most efficient and effective treatment may be offered to the number of patients certified as eligible, unless a specific waiver is granted by the Director for each case treated. (e) Assist in the development of programs for the prevention of chronic renal diseases. (f) Institute and support directly or through health education organizations an educational program for physicians, providers of health care and the public concerning chronic renal diseases, including the dissemination of information regarding prevention and the effective and efficient management of chronic renal failure. 88-3006. Construction. Nothing in this Chapter shall be construed to exclude patients with kidney disease from the benefits of any program of State or Federal aid for which they might otherwise qualify. Code 88-3006 enacted. 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. This Act or parts thereof will not be implemented

Page 713

until adequate specific appropriations are provided therefor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. SUPERIOR AND CITY COURTSTERMS CHANGED. Code 24-3010 Amended. No. 1230 (Senate Bill No. 497). An Act to amend Code section 24-3010, relating to terms of superior and city courts, so as to change the provisions relating to the adjournment of such courts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-3010, relating to terms of superior and city courts, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 24-3010, to read as follows: 24-3010. Terms of superior and state courts; adjournment at next term.The regular terms of the superior and state courts shall continue until the commencement of the next regular term, at which time they shall stand adjourned. Code 24-3010 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972.

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DRUG ABUSE TREATMENT AND EDUCATION ACT. No. 1231 (Senate Bill No. 600). An Act to provide for standards for Drug Abuse Treatment and Education Programs; to ensure that persons offering treatment, therapeutic advice or counsel to drug dependent persons are qualified to do so; to provide for the classification, systematic evaluation and licensing of various programs designed for the treatment and therapeutic rehabilitation of drug dependent persons; to define terms; to provide for the creation and promulgation of rules and regulations; to provide for denial, suspension and revocation of licenses; to provide for hearings; to provide for confidential communication between drug dependent persons and authorized employees of Drug Abuse Treatment and Education Programs; 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 Drug Abuse Treatment and Education Act. Section 2. Purpose of Act. The purpose of this Act is to provide for the classification and systematic evaluation of various programs designed for the treatment and therapeutic rehabilitation of drug dependent persons; to ensure that persons holding themselves out to offer treatment or therapeutic advice or counsel to drug dependent persons are qualified to do so; and to meet the rehabilitative needs of drug dependent persons while safeguarding their individual liberties. Section 3. Definitions. As used in this Act, (a) Department shall mean the Department of Health and/or its successor;

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(b) Division shall mean the Division of Mental Health of the Department of Health and/or its successor; (c) Director shall mean the Director of the Division of Mental Health (Division) or such other person as may be designated by the Commissioner of the Department of Health and/or its successor; (d) Drug Abuse Treatment and Education Program shall mean any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons and shall include but not limited to programs offered in the following types of facilities: (1) Residential rehabilitation centerA facility, staffed by professional and paraprofessional persons, offering treatment or therapeutic programs for drug dependent persons who live on the premises; (2) Non-residential care centersA non live-in facility staffed by professional and paraprofessional persons offering treatment or therapeutic programs for drug dependent persons who do not live on the premises; (3) Crisis information centerA facility offering group therapy or therapeutic advice or counsel to drug dependent persons, their families or the general community, which may or may not be staffed by professionally trained persons; (4) Hot LineA telephone facility operated by persons providing therapeutic advice or counsel relating to the use and abuse of drugs to drug dependent persons. (e) Drug dependent personA person who is physically or psychologically dependent upon or addicted to the use of drugs; or, who by reason or repeated use is in imminent danger of becoming dependent upon or addicted to the use of drugs; (f) DrugsAny substance defined as a drug by Federal or Georgia law, or any other chemical substance

Page 716

which may be used in lieu of a drug to obtain similar effects except alcohol and its derivatives; (g) LicenseThe official permit issued by the Director which authorizes the holder to operate a Drug Abuse Treatment and Education Program for the term provided therein; (h) LicenseeAny person holding a license issued by the Director under this Act; (i) ProgramDrug Abuse Treatment and Education Program. Section 4. Classification of Programs. The Director is hereby authorized to classify all programs within the State of Georgia according to the character and range of services provided. Section 5. Standards for Programs. After classifying all programs as provided herein, the Director shall create and promulgate minimum standards of quality and services for each designated class of program, and at least the following areas shall be covered in the Rules and Regulations: (a) Adequate and safe buildings or housing facilities where programs are offered; (b) Adequate equipment for the delivery of programs; (c) Sufficient trained or experienced staff who are competent in the duties they are to perform; (d) The content and quality of services to be provided; (e) Requirements for intake, discharge and aftercare of drug dependent persons; (f) Referral to other appropriate agencies; (g) Continuing evaluation of the effectiveness of programs;

Page 717

(h) Maintenance of adequate records on each drug dependent person treated or advised; (i) A formal plan of cooperation with other programs in the State to allow for continuity of care for drug dependent persons. Section 6. License required for Programs. No person shall establish, conduct, operate or participate in a program within this State unless such program is currently licensed by the Director and operating in conformity with all relevant laws including the rules and regulations promulgated by the Director. However, the provisions of this Act shall not apply to those licensed under Code Chapter 84-9. Section 7. Application for License. Application for a license to operate a program shall be submitted to the Director in the manner prescribed by rules and regulations, and shall contain a comprehensive outline of the program to be offered by the applicant. Section 8. Application for License; Proof of Compliance with other Laws. Proof of compliance with all applicable Federal and State laws for the handling and dispensing of drugs and all State and local health, safety, sanitation, building and zoning codes, shall be attached to the application submitted to the Director. Section 9. Temporary Licenses. The Director may issue a temporary license effective for a period not to exceed ninety (90) days to each applicant who has substantially complied with all requirements for a regular license. Temporary licenses shall be renewed in the discretion of the Director only in cases of extreme hardship and in no case for longer than ninety (90) days. The obligations and conditions of a temporary license shall be the same as those of a regular license, except as herein provided. Section 10. Automatic License. Any program which is licensed or regulated by any agency of Federal or State government shall, upon submission of an application with proof of such license or regulation, be issued a license by

Page 718

the Director. Such automatic license shall remain valid for a period of three (3) years after which term the holder thereof must comply with all requirements, rules and regulations of the Director pertaining to applicants for a holder of a regular license. Any denial, suspension or revocation of the license held by the Federal or State agency shall result in an automatic revocation or suspension of the license issued under this Section. Section 11. Conditions for Issuance of License. The Director shall issue a license to any person who meets all relevant requirements and published regulations for the class of license applied for. The license shall be non-transferable and shall specify the location at which the program is to be offered. Any change of location specified in the license shall have been reported to and approved by the Director in advance. Section 12. Director Authorized and Directed to Adopt Rules and Regulations. The Director is authorized and directed to create and promulgate all rules and regulations necessary to the implementation of this Act. Section 13. Rules and Hearings Under Administrative Procedure Act. The promulgation of rules and regulations, the conduct of administrative hearings and judicial review of the Director's action shall be subject to the Georgia Administrative Procedure Act, as amended. Section 14. Records of Drug Dependent Persons. The Director may require at reasonable intervals, and each licensee shall furnish, subject to the limitations of Section 18 of this Act, copies of complete records of each drug dependent person treated or advised pursuant to a program. Section 15. Inspection of Program. Each licensee shall permit the Director or his designated representatives to enter upon and inspect any and all premises upon or in which a Program is to be conducted, or for which a license has been applied, so that verification of compliance with all relevant laws or regulations can be made.

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Section 16. Grounds for Denial, Suspension or Revocation of License. The Director may deny, suspend or revoke any license applied for or issued hereunder if, after notice and opportunity for hearing, the applicant or licensee has: (a) Violated any provision of this Act; (b) Violated any Federal or State law relating to the use or abuse of drugs; (c) Violated any rule or regulation by the Director pertaining to licensing of programs; (d) Violated any State or local law, ordinance or regulation pertaining to public health, safety or sanitation, or any building or zoning code; (e) Submitted false information to the Director which is related and material to the requirements of applying for or holding a license. Section 17. Notice and Right to Hearing. Notice of a proposed denial, suspension or revocation or a license shall be provided in writing by the Director to any person so affected within ninety (90) days after the application is filed or the grounds are discovered. Within ninety (90) days from receipt of such notice, the person so affected may request a hearing before the Director or his authorized representative by filing with the Director a written request on forms provided. Upon receipt of such request for hearing in proper form, the Director shall schedule a hearing within a reasonable time, but not later than ninety (90) days. Section 18. Names of Drug Dependent Persons to Remain Confidential; Privileged Communication. For the purpose of providing more effective treatment and rehabilitation, the name of any drug dependent person who seeks or obtains treatment, therapeutic advice or counsel from any program licensed under this Act shall not be revealed, except to the extent authorized in writing by the drug dependent person affected; furthermore, any communication

Page 720

by such drug dependent persons to an authorized employee of any holder of a license shall be deemed privileged and shall not be required to be disclosed in any court of law, administrative tribunal or legislative committee or body. Section 19. Enforcement by Injunction. The Director is authorized to enforce the provisions of this Act, and the rules and regulations promulgated thereunder, by injunction. Any violation of this Act, as amended, or any rule or regulation promulgated thereunder, shall be a nuisance per se, and it shall not be necessary to allege or prove the exhaustion of remedies at law to obtain an injunction under this Section. Section 20. Criminal Sanctions. Any person who violates any provision of this Act shall be guilty of a misdemeanor and punished accordingly. Section 21. Severability. Any adjudication of invalidity of any part or provision of this Act shall not thereby invalidate any other part or provision thereof. It is declared that any provision of this Act not adjudicated to be invalid would have been enacted notwithstanding the provisions or parts thereof declared to be invalid. Section 22. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. CRIMESUNIFORM NARCOTIC DRUG ACT AMENDEDPROVISION FORBIDDING CERTAIN SUSPENSION OF SENTENCE DELETED. Code 79A-9911 Amended. No. 1232 (Senate Bill No. 601). An Act to amend Code Section 79A-9911, relating to violations of the Uniform Narcotic Drug Act, as amended, so as to delete a provision forbidding the suspension of

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sentence, probation or parole for a person convicted of a second or subsequent offense under the Uniform Narcotic Drug Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 79A-9911, relating to violations of the Uniform Narcotic Drug Act, is hereby amended by striking the period at the end of the second unnumbered paragraph thereof and adding the following: , except in such cases where the sentencing judge decides in his discretion that the offender will benefit from a drug treatment program. so that as amended, said paragraph shall read as follows: Except in the case of conviction for a first offense for violation of the provisions of said Chapter, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served, except in such cases where the sentencing judge decides, in his discretion, that the offender will benefit from a drug treatment program. Code 79A-9911. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. INTOXICATING BEVERAGESELECTION DAY DEFINED, ETC. No. 1233 (Senate Bill No. 672). An Act to amend the alcoholic beverage laws and the election laws of Georgia so as to provide the definition of an election day; to provide that the prohibition against

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the giving or furnishing of intoxication beverages to any person on election days shall apply only to the territorial boundaries for which the election is being held; 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. The alcoholic beverage laws and the election laws of Georgia are hereby amended to read as follows: Section 1A. Any provision of the law to the contrary notwithstanding, an election day for the purposes of the sale of alcoholic beverages, distilled spirits, malt beverages or wines, either in unbroken packages or by the drink for consumption on the premises, is hereby defined as that period of time beginning one hour prior to the opening of the polls and ending one hour after the closing of the polls. The prohibition against the giving or furnishing of alcoholic beverages, spirituous liquors, malt beverages or other intoxicating beverages to any person on election days shall apply only within the territorial boundaries for which the election is being held. Election day defined. 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 31, 1972. EARLY CHILDHOOD DEVELOPMENT ACT. No. 1234 (Senate Bill No. 676). An Act to provide for a program of Early Childhood Development; to provide for a short title; to provide for purpose and objectives; to provide for authority; powers

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and duties of the State Board of Education; to provide for authority, powers and duties of local school system boards of education; to prohibit the expenditure of funds for certain purposes; to authorize appropriations; 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 Early Childhood Development Act. Section 2. Purpose and Objectives. The purpose of this Act is to provide for a sound program of early childhood development. This Act recognizes the importance of parental responsibility for rearing children and seeks to supplement the resources which parents have available to meet the mental, physical and emotional needs of their children. This Act provides for the development of a State plan for these purposes which local school system boards of education and other agencies of the State cooperate to plan and implement early childhood development programs, including but not limited to, programs to meet the recognized needs of children whose parents voluntarily seek testing, diagnosis, and treatment of physical or mental handicaps of children from 1 to 3 years of age; education programs for children 5 years of age and for children 3 to 5 years of age who have physical or mental handicaps. Section 3. State Board of Education. (a) The State Board of Education shall adopt a State plan for a comprehensive Early Childhood Development Program and implement said plan to the extent that funds for this purpose may be available. (1) The State Board of Education shall have authority to make grants of State and Federal funds to local school system boards of education to establish and maintain programs of Early Childhood Development on a voluntary basis. (2) The State Board shall have authority to establish

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criteria and standards for approval of local school system programs of Early Childhood Development. (3) The State Board of Education shall provide technical assistance to local school system boards of education in the establishment and operation of programs of Early Childhood Development. (b) The State Board of Education shall maintain close liaison with other State and Federal agencies, advising local school system boards of education of available funds and fund sources and of procedures for applying for and securing such funds. (1) Other State agencies shall cooperate with the State Board of Education, providing information on programs, funds, application procedures, and other information that will enable the State Board of Education to provide adequate advice and counsel to local school system boards of education. (2) The State Board of Education shall keep other State agencies informed of local school system plans for and development of Early Childhood Development Programs. (c) The State Board of Education shall audit evaluations of local school system programs of Early Childhood Education to determine that such evaluations are adequate in objectivity, scope, procedures, and analysis. (d) The State Board of Education shall report annually to the General Assembly on the implementation of this Act including the status of Early Childhood Development programs in local school systems. (1) This annual report shall document the location, scope, and funding of local school system programs. (2) This annual report shall include evidences of effectiveness or ineffectiveness of local school system programs of Early Childhood Development.

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(3) This annual report shall contain recommendations for improvement of the Early Childhood Development Program. Section 4. Local School System Boards of Education. (a) Early Childhood Development Programs established and maintained by local school system boards of education shall be administered in accordance with regulations and procedures established by the State Board of Education. These programs shall provide: (1) testing, diagnosis, and treatment of children less than 3 years of age who have physical or mental handicaps; (2) educational programs for children 5 years of age and for those children 3 to 5 years of age, inclusive, who have physical or mental handicaps. (b) Local school system boards of education, with the approval of the State Board of Education, may utilize State funds and State fund grants to match Federal funds to the extent allowed by Federal law or Federal regulations, only for the purposes enumerated in Section 4 (a) above and may not use such State funds to establish child day care centers, nor to support or purchase services from an existing day care center. (c) Local school system boards of education shall utilize objective measures of evaluation approved by the State Board of Education to determine the effectiveness of programs of Early Childhood Development. Evaluation shall be subject to audit by the State Board of Education. The findings of evaluations and audits shall be reported to the general public via regular news media. Section 5. (a) Except as herein provided, no State funds appropriated to implement or administer the programs authorized by the provisions of this Act, including grants of State funds as authorized by the provisions of this Act shall be used or utilized, either directly or indirectly, to provide social services or day care services; to support or purchase services from existing child day care

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centers or to otherwise support or establish child day care centers. Limitation on fund use. (b) Notwithstanding the provisions of any other law, no State funds appropriated to implement or administer the programs authorized by the provisions of this Act, including grants of State funds as authorized by the provisions of this Act shall be used or utilized, except as herein authorized, to provide social services or day care services as contemplated by the rules and regulations of the U.S. Department of Health, Education and Welfare promulgated pursuant to the Social Security Act, including but not limited to, Sections 220, 220.18 and 220.51 of said regulations. Section 6. Appropriations . The General Assembly shall appropriate annually to the State Board of Education funds deemed sufficient to administer the State Early Childhood Development Programs and to provide for grants to local school systems. Section 7. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. HEALTH INSURANCESTATE PERSONNEL BOARD AUTHORIZED TO CONTRACT FOR VARIOUS COUNTIES. No. 1244 (House Bill No. 1602). An Act to amend an Act authorizing the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, so as to authorize the State Personnel Board to contract for various counties of the State for the inclusion within any Health Insurance Plan of the employees of said county; to provide for the

Page 727

duties and responsibilities of such counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act authorizing the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, is hereby amended by renumbering section 16 as Section 17 and by adding a new section 16 to read as follows: Section 16. The State Personnel Board is hereby authorized to contract with the various counties of this State for the inclusion within any Health Insurance Plan or Plans established under this Act of the employees of any such county. The various counties of this State are hereby authorized to contract with the State Personnel Board as provided in this section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any Health Insurance Plan and to remit the same to the State Personnel Board for inclusion in the Health Insurance Fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1972. BANKING LAW TITLE AMENDED. Code Title 13 Amended. No. 1249 (Senate Bill No. 179). An Act to amend Code Title 13, known as the Banking Law of Georgia, as amended, so as to change the minimum capital stock requirements in applications for

Page 728

new charters; to change the minimum number of directors of banks; to provide for exceptions; to change the fee for filing an application with the Secretary of State for a bank charter; to remove certain provisions relating to capital requirements and trust company powers; to change the fee for examining and investigating an application for a bank charter; to change the fee for amending a bank charter; to change the fee for renewing a bank charter; to change the fee for filing an application with the Secretary of State to convert a regulated certificated bank into a State chartered bank; to clarify the factors to be considered by the Superintendent of Banks when investigating an application to convert a regulated certificated bank into a State chartered bank; to change the fee for filing an application with the Secretary of State to consolidate two or more banks; to change the fee for filing an application with the Secretary of State to convert or merge a national bank into or with a State bank; to change the fee for filing an application with the Secretary of State to surrender a bank charter and franchise to the State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 13, known as the Banking Law of Georgia, as amended, is hereby amended by striking Code section 13-901 in its entirety and inserting in lieu thereof a new Code section 13-901 to read as follows: 13-901. Application for charter; contents, etc.Any number of persons not less than five may form a corporation for the purpose of carrying on the business of banking, by filing in the Office of the Secretary of State an application in writing signed by each of them in which they shall state: Code 13-901 amended. (a) The name by which such bank is to be known. (b) The proposed location of the bank. (c) The amount of its capital stock which shall not be

Page 729

less than five hundred thousand ($500,000.00) dollars, except that in counties having a population of not more than 10,000 inhabitants according to the 1970 United States Decennial Census or any future such census, the Superintendent of Banks may, in his discretion, reduce the capital stock requirements to any amount not less than two hundred fifty thousand ($250,000.00) dollars. Provided, this Section shall not apply to banks whose capital stock is now fixed, so they shall not be required to increase the same, or to regulated certificated banks converting into a State chartered bank. (d) The number of shares into which such capital stock shall be divided, provided the par value of each share of stock shall be not less than one ($1.00) dollar, provided that, if the par value of each share is other than one hundred ($100.00) dollars, then the par value of such shares shall be stated on the published reports of such bank. (e) The purposes and nature of the business proposed to be conducted, with any other matters which they may deem it desirable to state. (f) The number of directors of the bank, which shall not be less than five nor more than twenty-five. Provided, however, the provisions of this subsection shall not apply to the Board of Directors of any bank comprised of less than five (5) members on July 1, 1972. Said application shall be filed in triplicate, and a fee of one hundred ($100.00) dollars shall be paid to the Secretary of State to be deposited by him into the Treasury, on filing the application, and the Secretary of State shall not receive said application until said fee shall be paid. The persons filing such application may also acquire all the rights, powers and privileges and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies by Code sections 109-101 to 109-105, 109-201, 109-301, in addition to the usual banking

Page 730

powers, as conferred and described in this Title, if they request such powers. Section 2 . Said Code Title is further amended by striking Code section 13-904 in its entirety and inserting in lieu thereof a new Code section 13-904 to read as follows: 13-904. Information to be Furnished Superintendent by Applicants.When such application has been referred to the Superintendent of Banks he shall call upon the applicants for a statement, showing: Code 13-904 amended. (a) The names and places of residence of the subscribers to the stock of such bank and the number of shares to be held by each. (b) The names of the stockholders who shall be directors for the first year of the incorporation of said bank. (c) How and when it is proposed that the capital stock shall be paid in. (d) When it is proposed that such bank shall commence business. (e) Such other information as may be desired by the Superintendent of Banks. Which statement it shall be the duty of said applicants to furnish upon request of said Superintendent. Such statement shall be accompanied by an examination and investigation fee of seven hundred and fifty ($750.00) dollars, to be paid by the applicants: Provided, that this fee shall not apply to applications for renewal of charters. The Superintendent shall conduct no examination or investigation and shall issue no certificate of approval or disapproval unless such fee is paid. Section 3 . Said Code Title is further amended by striking Code section 13-1002 in its entirety and inserting in lieu thereof a new Code section 13-1002 to read as follows:

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13-1002. Application for Amendment.The bank desiring such amendment shall file in the office of the Secretary of State an application in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of said bank, the date of its original charter, and all amendments thereto, and the particular amendment or amendments to its said charter it desires; and shall pay to the Secretary of State a fee of fifty ($50.00) dollars to be deposited by him into the Treasury of the State. Said bank shall also file with said application a certified abstract from the minutes of the stockholders thereof showing that the application for the proposed amendment has been authorized by a vote of a majority in the amount of the outstanding capital stock at a meeting of the stockholders, called for the purpose of acting thereon, by a resolution of the board of directors, notice of which meeting shall have been mailed to each stockholder, or in case of death, to his legal representative or heirs at law, addressed to his last known residence at least 10 days previous to the date of said meeting: Provided, however, if the application is to change the location of its office to a location in another county, then the certified abstract from the minutes shall show that the amendment was authorized by the vote of 90 percent of the outstanding capital stock of the bank at a meeting of the stockholders called for the purpose of acting thereon: Provided, however, if the move is from one location to another location in the same county, the consent of only two-thirds of the outstanding capital stock will be required. Code 13-1002 amended. Section 4 . Said Code Title is further amended by striking Code section 13-1101 in its entirety and inserting in lieu thereof a new Code section 13-1101 to read as follows: 13-1101 Application for Renewal.Any bank, whether incorporated by special Act of the General Assembly, or by the Secretary of State under the general law for the incorporation of banks, may have its charter renewed and its corporate existence extended for a period of thirty years by filing with the Secretary of State at any time within six (6) months prior to the expiration of its charter

Page 732

an application in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of the bank, and when and how incorporated, giving the date of its original charter and all amendments thereto, and pray for a renewal of its charter, and upon filing such application, it shall pay to the Secretary of State a fee of one hundred ($100.00) dollars to be deposited by him into the Treasury of the State. Said bank shall also file with said application a certified abstract from the minutes of the stockholders thereof showing that the application for renewal of its charter has been authorized by a vote of a majority in amount of the entire capital stock of the bank at a meeting of the stockholders, called for the purpose of acting thereon, by resolution of the board of directors, notice of which meeting shall have been mailed to each stockholder, and in case of death to his legal representative, or heirs at law, addressed to his last known residence, at least ten (10) days previous to the date of said meeting. Code 13-1101 amended. Section 5 . Said Code Title is further amended by striking Code section 13-1204 in its entirety and inserting in lieu thereof a new Code section 13-1204 to read as follows: 13-1204. Filing of Application with Secretary of State; Charter of Resulting Bank.When copies of the plan of conversion, together with copies of the resolutions of the directors and shareholders approving the conversion shall have been filed in the office of the Superintendent of Banks, the converting regulated certificated bank shall file in the office of the Secretary of State an application in triplicate signed by its chief executive officer and by a majority of the entire board of directors setting forth the following: Code 13-1204 amended. (a) The name and location of the converting regulated certificated bank with the date of its original certifcate and all amendments thereto. (b) The date of the plan of conversion and the dates of the resolutions of the directors and of the shareholders approving the plan of conversion.

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(c) The name under which the resulting State chartered bank intends to do business and the particular city, town or village where its principal office is to be located which shall be the same city, town or village in which the converting regulated certificated bank is located. (d) The amount of capital stock together with the number and class of shares and the par value thereof evidencing said capital stock. (e) The number of directors of the resulting State chartered bank. (f) The purposes and nature of the business to be conducted, with any other matters which it may deem desirable or pertinent to state. Said converting regulated certificated bank shall pay to the Secretary of State at the time of filing said application a fee of one hundred ($100.00) dollars to be deposited by him into the Treasury of the State. The resulting State chartered bank may also acquire all the rights, powers, privileges and immunities and be subject to all the liabilites and restrictions conferred and imposed upon trust companies under Title 109 in addition to the usual banking powers as conferred and described in Title 13. Provided, the resulting State chartered bank shall have capital stock actually paid in of at least one hundred thousand ($100,000.00) dollars. Immediately upon filing the said application the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. Upon the filing of said application with the Superintendent of Banks, he shall make or cause to be made a careful investigation and examination relative to the factors enumerated in Code sections 13-904 and 13-905. The Superintendent of Banks shall exercise his discretion in his consideration of the application, but the Superintendent of Banks shall not approve the application until he has ascertained to his satisfaction that the applicants have satisfactorily met all of the applicable provisions of Code

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section 13-905 and such other conditions as may be desired by the Superintendent of Banks. If said application is approved by the Superintendent of Banks, and certificate of such approval is filed by him with the Secretary of State, as provided in Code section 13-905, the Secretary of State shall issue to the said resulting State chartered bank a certificate under the seal of the State, certifying that the named bank has been converted under the name adopted, and with the capital stock in said application set forth, which certificate shall be the charter of the converted bank; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks approving the same, and his certificate in the order named. Section 6. Said Code Title is further amended by striking Code section 13-1315 in its entirety and inserting in lieu thereof a new Code section 13-1315 to read as follows: 13-1315. Filing of Approved Agreement with Secretary of State, Charter of Resulting Bank.When copies of the plan of conversion, or merger, together with copies of the resolutions of the directors and shareholders approving same shall have been filed in the office of the Superintendent of Banks, as hereinbefore provided, the said converting bank, or merging banks, shall file in the office of the Secretary of State an application in duplicate, signed by its or their chief executive officers, and by a majority of the entire board or board of directors, and setting forth the following: Code 13-1315 amended. (a) The name and location of the converting bank, or of each of the banks which have been merged or consolidated, with the date of their original charters and all amendments thereto, respectively. (b) The date of the plan of conversion or merger and the dates of the resolutions of the directors and of the shareholders of the respective banks approving the said plan of conversion or merger. (c) The name under which the resulting State bank intends

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to do business, and the particular city, town or village where its principal office is to be located. (d) The amount of capital stock, together with the number and class of shares, and the par value thereof, evidencing said capital stock. (e) The number of the directors of the resulting bank. (f) The purpose and nature of the business proposed to be conducted, with any other matters which it may seem desirable or pertinent to state. Said resulting bank shall pay to the Secretary of State at the time of filing said application a fee of one hundred ($100.00) dollars to be deposited by him into the Treasury of the State. The resulting bank may also acquire all the rights, powers, privileges, and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies under Title 109 in addition to the usual banking powers, as conferred and described in Title 13: Provided, the resulting bank shall have a capital stock actually paid in of at least one hundred ($100.00) dollars. Immediately upon filing the said application the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. When said application shall have been approved by the Superintendent of Banks, and certificate of such approval filed by him with the Secretary of State, as provided in Section 13-905, the Secretary of State shall issue to the said resulting bank a certificate under the seal of the State, certifying that the named bank or banks have been converted or merged, as the case may be, under the name adopted, and with the capital stock in said application set forth, which certificate shall be the charter of the converted or merged bank or banks; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks, approving the same, and his certificate, in the order named.

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Section 7. Said Code Title is further amended by striking the Code section 13-1403 in its entirety and inserting in lieu thereof a new Code section 13-1403 to read as follows: 13-1403. Amendment of Charter.When such an agreement for merger or consolidation shall have been submitted to and approved by the stockholders of the banks respectively, and copies of the resolutions approving the same shall have been filed in the office of the Superintendent of Banks as hereinbefore provided, the merged or consolidated bank shall file in the office of the Secretary of State an application in duplicate, signed with the name adopted by the said consolidated bank and under its corporate seal, in which it shall state: Code 13-1403 amended. (a) The names and locations of the banks which have been merged or consolidated with the dates of their original charters and all amendments thereto, respectively. (b) The date of the consolidated agreement, and the dates of the approval thereof by the Superintendent of Banks and by the stockholders of the several contracting banks respectively. (c) The name under which the consolidated bank proposes to do business. (d) The amount of capital stock of the consolidated bank. (e) The number of its board of directors. Said bank shall pay to the Secretary of State, at the time of filing said application, a fee of one hundred ($100.00) dollars, to be deposited by him into the Treasury of the State. Immediately upon filing the application, the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. When said application shall have been approved by the Superintendent of Banks and certificate of such approval filed by him with the Secretary of State, the

Page 737

Secretary of State shall issue to the consolidated bank a certificate under the seal of the State, certifying that the contracting banks have been merged or consolidated under the name adopted and with the capital stock in said application set forth, which certificate shall be the charter of the consolidated or merged bank; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks approving the same, and his certificate, in the order named. Section 8. Said Code Title is further amended by striking Code section 13-1507 in its entirety and inserting in lieu thereof a new Code section 13-1507 to read as follows: 13-1507. Surrender of Charter.When all amounts due by said bank shall have been paid or provided for as herein provided and all remaining assets shall have been distributed to the stockholders, the bank may file in the office of the Secretary of State an application, in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of the bank, the place where it is located, the date of its original charter, and of all amendments thereto, and the fact that all debts due by the bank have been paid or provided for, and that its assets have been distributed to its stockholders, and that it desires to surrender its charter and franchise to the State. On filing such application, the bank shall pay to the Secretary of State a fee of one hundred ($100.00) dollars to be deposited by him into the State Treasury. Said bank shall also file with said application a certified copy of the resolution of the stockholders approving the surrender of such charter and franchises, which resolution must be adopted by an affirmative vote of not less than two-thirds (2/3) of all the stockholders at a meeting called for the purpose of taking such action as herein provided. Code 13-1507 amended. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

Page 738

PRACTICE AND PROCEDUREPROVISIONS FOR APPEALS TO SUPERIOR COURT CHANGED. Code Chapter 6-1 Amended. No. 1250 (Senate Bill No. 199). An Act to amend Code Chapter 6-1, relating to appeal to the superior courts, so as to redefine the procedures applicable thereto; to specify the time for taking such appeals; to amend Code Chapter 6-2, relating to appeals from courts of ordinary, and Code Chap. 6-3, relating to appeals from Justice courts, so as to redefine the procedures applicable thereto; to prescribe the form of notices of appeal to the superior court; to provide for service, payment of costs, bond, supersedeas, transmission of the record, and appeals in forma pauperis; to define when an appeal shall be de novo; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 6-102 of the Code, relating to the time within which appeals to the superior court may be taken, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 6-102. (a) Appeals to the superior court shall be filed within thirty (30) days of the date the judgment, order or decision complained of was entered. Code 6-102 amended. (b) The date of entry of an order, judgment or other decision shall be the date upon which it was filed in the court, agency or other tribunal rendering same, duly signed by the judge or other official thereof. (c) This section shall apply to all appeals to the superior court, any other law to the contrary notwithstanding. Section 2. Section 6-301 of the Code, relating to appeals from justices of the peace in certain instances, is

Page 739

hereby amended by striking said section and by substituting in lieu thereof the following: Section 6-301. An appeal may be taken to the superior court from a judgment or confession of judgment rendered by a justice of the peace in any case where the amount claimed in the suit is over fifty ($50) dollars. Code 6-301 amended. Section 3. Section 6-103 of the Code, relating to the computation of time within which an appeal may be taken, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 6-103. (a) An appeal to the superior court may be taken by filing a notice of appeal with the court, agency or other tribunal appealed from. No particular form shall be necessary for the notice of appeal, but the following is suggested: Code 6-103 amended.

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(b) A copy of the notice of appeal shall be served on all parties in the same manner prescribed by Section 18 of the Appellate Procedure Act of 1965, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended. Failure to perfect service on any party shall not work dismissal, but the superior court shall grant continuances and enter such other orders as may be necessary to permit a just and expeditious determination of the appeal. Section 4. Section 6-105 of the Code, relating to payment of costs, bond and security, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 6-105. (a) No appeal shall be heard in the superior court until all costs which have accrued in the court, agency or tribunal below, if any, have been paid, unless the appellant files with the superior court or the Court, agency or tribunal appealed from, an affidavit stating that because of his poverty, he is unable to pay the costs on appeal. In all cases, no appeal shall be dismissed in the superior court because of nonpayment of the costs below until the appellant has been directed by the court to do so and has failed to comply therewith. Code 6-105 amended. (b) Filing of the notice of appeal and payment of costs or filing of an affidavit as above provided shall act as supersedeas, and it shall not be necessary that a supersedeas bond be filed; provided, however, the superior court upon motion may at any time require that supersedeas bond with good security be given in such amount as the court may deem necessary, unless the appellant files with the court an affidavit stating that because of his poverty he is unable to give such bond. Section 5. Chapter 6-1 of the Code, relating to appeals to the superior court, is hereby amended by adding new sections at the end thereof as follows: Section 6-114. (a) Within ten (10) days of the filing of the notice of appeal, it shall be the duty of the judge or

Page 741

other official of the court, agency or tribunal appealed from, to cause a true copy of the pleadings, if any, and all other parts of the record (and transcript of evidence and proceedings, where the appeal is not de novo) to be transmitted to the superior court. Code 6-114 amended. (b) The superior court may issue such orders and writs as may be necessary in aid of its jurisdiction on appeal. Section 6-115. No appeal shall be dismissed because of any defect in the notice of appeal, bond, affidavit in forma pauperis or because of the failure of the lower court, agency or other tribunal to transmit the pleadings, or other record, but the superior court shall at any time permit such amendments and enter such orders as may be necessary to cure the defect. Code 6-115 amended. Section 6. Section 6-201 of the Code, relating to appeals from the Court of Ordinary, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 6-201. An appeal shall lie to the superior court from any decision made by the court of ordinary, except an order appointing a temporary administrator. Code 6-201 amended. Section 7. The following sections of the Code of Georgia are hereby repealed: Repealers. (a) Section 6-203, relating to appeals from the court of ordinary in forma pauperis. (b) Section 6-204, relating to payment of costs and giving of bond on appeals from the court of ordinary. (c) Section 6-205, relating to transmission of the record from the court of ordinary on appeals to the superior court. (d) Section 6-302, relating to transmission of appeals from justice courts. (e) Section 6-202, relating to the time within circuit appeals from courts of ordinary should be entered.

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Section 8. Section 6-501 of the Code, relating to the effect of appeals, is hereby amended by striking said section and by substituting in lieu thereof the following: Section 6-501. An appeal to the superior court from a justice court, court of ordinary, and in any other case where not otherwise provided by law, is a de novo investigation. It brings up the whole record from the court below, and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not; either party is entitled to be heard on the whole merits of the case. Code 6-501 amended. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 3, 1972. CRIMINAL PROCEDURECREDIT PROVIDED FOR TIME SPENT FOR TREATMENT OF CERTAIN DISABILITIES IN INSTITUTIONS. No. 1251 (Senate Bill No. 366). An Act to amend an Act requiring that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, approved March 24, 1970 (Ga. L. 1970, p. 692), so as to provide for an additional credit to be given criminal defendants who are confined in an institution or facility for treatment or examination of a physical or mental disability; to provide for the retroactive application of the benefits of this amendment to criminal defendants under confinement on or after July 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. An Act requiring that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, approved March 24, 1970 (Ga. L. 1970, p. 692), is

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hereby amended by striking in its entirety section 1 and inserting in lieu thereof a new section 1 to read as follows: 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 and for each day spent in confinement, in connection with and resulting from an order entered in the criminal proceedings for which sentence was imposed, in any institution or facility for treatment or examination of a physical or mental disability; such credit or credits shall be applied towards the convicted defendant's sentence and shall also be considered by parole authorities in determining the eligibility for parole. Credit. Section 2. Said Act is further amended by striking in its entirety section 3 and inserting in lieu thereof a new section 3 to read as follows: 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 custody 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 the number of days spent in custody prior to conviction and sentence, as reflected in the custodian's affidavit, before forwarding the record to the Board of Pardons and Paroles. Affidavit of custodian. Section 3. Said Act is further amended by striking in its entirety section 4 and inserting in lieu thereof a new section 4 to read as follows: Section 4. 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 authorities who shall give the defendant credit

Page 744

for the number of days spent in custody prior to conviction and sentence. Clerk. Section 4. Upon receipt of the custodian's affidavit, the State Board of Corrections or official other than the State Board of Corrections shall credit the sentence of any criminal defendant who was confined, in connection with and resulting from an order entered in the criminal proceedings for which sentence was imposed, in an institution or facility for treatment or examination, on or after July 1, 1970. Credit. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. ARCHITECTSMEMBERSHIP OF STATE BOARD CHANGED, ETC. Code 84-304 Amended. No. 1252 (Senate Bill No. 369). An Act to amend Code section 84-304, relating to the State Board for Examination, Qualification and Registration of Architects, as amended, so as to change the membership of the Board; to delete zone requirements; to repeal conflicting laws; and for other purposes. Section 1. Code section 84-304, relating to the State Board for Examination, Qualification and Registration of Architects, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 84-304, to read as follows: 84-304. State Board for Examination, Qualification and Registration of Architects; appointments; terms of office;

Page 745

vacancies.There is hereby created the State Board for Examination, Qualification and Registration of Architects, which shall be composed of five appointive members who shall be registered practicing architects in the State of Georgia and residents of the State of Georgia. The Governor shall appoint successors to the present members of the Board as their respective terms of office expire for a term of office of five years each, and the successor members so appointed shall possess the qualifications specified herein and shall be confirmed by the Senate. In case a successor shall not be appointed at the expiration of the term of any member, such member shall hold office until his successor has been duly appointed and qualified. Any vacancy occurring in the membership of said Board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate. Code 84-304 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. AGRICULTURELIVESTOCKCOMMISSIONER AUTHORIZED TO OBTAIN INJUNCTIONS, ETC. No. 1253 (Senate Bill No. 386). An Act to amend an Act regulating the buying and selling of livestock in the State of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 716), and to amend an Act prohibiting a dealer, or broker, or barn, auction or sales operator from selling, auctioning, transferring or moving any livestock infected with, suspected of being infected with, or which has been exposed to any infectious or contagious livestock disease, approved February 15, 1952 (Ga. L. 1952, p. 184), as amended, so as to authorize the Commissioner of Agriculture to apply to the superior courts of this State for injunctions; to provide that superior courts shall have jurisdiction to issue temporary or permanent injunctions, or ex parte, or restraining

Page 746

orders; to provide that such injunctions shall be issued without bond and may be granted notwithstanding violations of criminal laws or provisions; to provide for 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. An Act regulating the buying and selling of livestock in the State of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 716), is hereby amended by inserting, following section 8, a new section, to be designated section 8A, to read as follows: Section 8A. In addition to the remedies provided herein and notwithstanding the existence of an adequate remedy at law, the Commissioner of Agriculture is hereby authorized to apply to the superior courts of this State for injunctions and such courts shall have the jurisdiction, for good cause shown, to grant temporary or permanent injunctions, or ex parte, or restraining orders, restraining or enjoining any person, firm, corporation or association from violating or continuing to violate any provision of this Act or any rule or regulation promulgated pursuant to the provisions of this Act. Such injunction or order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. Injunctions. Section 2. An Act prohibiting a dealer, or broker, or barn, auction or sales operator from selling, auctioning, transferring or moving any livestock infected with, suspected of being infected with, or which has been exposed to any infectious or contagious livestock disease, approved February 15, 1952 (Ga. L. 1952, p. 184), as amended, is hereby amended by inserting, following section 5, a new Section, to be designated as section 5A, to read as follows: Section 5A. In addition to the remedies provided herein and notwithstanding the existence of an adequate remedy

Page 747

at law, the Commissioner of Agriculture is hereby authorized to apply to the superior courts of this State for injunctions and such courts shall have the jurisdiction, for good cause shown, to grant temporary or permanent injunctions, or ex parte, or restraining orders, restraining or enjoining any person, firm, corporation, or association from violating or continuing to violate any provision of this Act or any rule or regulation promulgated pursuant to the provisions of this Act. Such injunction or order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. Injunctions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 1254 (Senate Bill No. 406). 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, so as to provide for coverage for the employees of the multi-county planning and development commissions of this State; 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, is hereby amended by adding to the end of section

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2 a new subsection, to be known as subsection (11), to read as follows: (11) `multi-county planning and development commission' shall mean a planning commission or planning and development commission or area planning and development commission created pursuant to that certain Act approved March 13, 1957 (Ga. L. 1957, p. 420), as amended, by two or more counties, or combination of counties and municipalities, to serve an area embracing more than one county, and which employs a staff and is governed by a separate board, or other governing body, and whose operation is financed through an independent budget. Definition. Section 2. Said Act is further amended by adding a new section, to be known as section 9d, to read as follows: Section 9d. Each multi-county planning and development commission of this State, as hereinafter defined, 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 multicounty planning and development commission, and to implement such plan by contract with the Board of Trustees. Retirement plan. Such multi-county planning and development commissions are hereby authorized to enter into such contracts as are contemplated herein, and to pay the costs and benefits provided therein from funds made available to them for such purpose in their respective budgets. Contracts shall be approved by a majority vote of all of the members of the board of directors or other governing authority of each respective multi-county planning and development commission desiring to enter into a contract under such plan. Contracts. The multi-county planning and development commissions shall each pay their respective portions of the administrative costs of the board in administering the system. Costs. Such plans shall be instituted by the board of directors or other governing authority of the multi-county planning and development commission electing to initiate a retirement

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plan, adopting a resolution approving such plan and electing to adopt the same and such resolution being approved by a majority vote of the membership of such multicounty planning and development commission at any regular meeting duly assembled and such vote being certified by the secretary of such multi-county planning and development commission. Such plan may make reasonable classifications of employees and provide for the integration of such plan with social security benefits. Classification. 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 a multi-county planning and development commission 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 said multi-county planning and development commission, 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. Benefits. Such plan may provide for the multi-county planning and development commissions to pay the total contribution on behalf of their respective employees or to provide that a portion, not to exceed fifty percent (50%) of the contribution, be deducted from the salaries of participating employees. Contributions. Each multi-county planning and development commission shall have a voting right as provided for municipal corporations under section 5 of this Act, and any employee of the multi-county planning and development commission shall be eligible to serve on the board, if duly elected thereto. Voting right. (1) The definition of `Member Municipality' in section 2(3) of this Act shall be interpreted to include the multi-county

Page 750

planning and development commissions, except with respect to section 9 of this Act. Definitions. (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 multi-county planning and development commissions. (3) The definition of `Participating Employee' in Section 2(6) of this Act shall be interpreted to include any employee of the multi-county planning and development commissions for whom contributions to the retirement system are being made under a contract. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. PROVISION MADE FOR BUILDINGS CONSTRUCTED WITH PUBLIC FUNDS TO BE ACCESSIBLE TO THE PHYSICALLY HANDICAPPED, ETC. No. 1255 (Senate Bill No. 412). An Act to provide that those buildings and facilities constructed in the State by the use of federal, State, county, or municpal funds shall adhere to the requirements prescribed by this Act in order to make those buildings and facilities accessible to, and usable by, the physically handicapped; to provide for the administration and enforcement of this Act and for the institution and prosecution of proceedings in connection therewith; to provide for all matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Policy . The provisions of this Act are enacted

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to further the policy of the State of Georgia to encourage and promote the rehabilitation of handicapped or disabled citizens. It is the intent of this Act to eliminate, insofar as possible, unnecessary barriers encountered by aged, handicapped or disabled persons, whose ability to engage in gainful occupations or to achieve maximum personal independence is needlessly restricted when such persons cannot readily use public buildings. Section 2. Application of Act . (a) The standards and specifications set forth in this Act shall apply to all buildings and facilities used by the public which are constructed in whole or in part by the use of State, county, or municipal funds, or the funds of any political subdivisions of the State. To such extent as is not contraindicated by federal law or beyond the State's power of regulation, these standards shall also apply to buildings and facilities constructed in this State through partial or total use of federal funds. All buildings and facilities constructed in this State, or substantially renovated, modified, or altered, after the effective date of this Act from any one of these funds or any combination thereof shall conform to each of the standards and specifications prescribed herein except where the governmental department, agency, or unit concerned shall determine, after taking all circumstances into consideration, that full compliance with any particular standard or specification is impracticable. Where it is determined that full compliance with any particular standard or specification is impractical, the reasons for such determination shall be set forth in written form by those making the determination and forwarded to the State Fire Marshal. If it is determined that full compliance is not practicable, there shall be substantial compliance with the standard or specification to the maximum extent practical, and the written record of the determination that it is impractical to comply fully with a particular standard or specification shall also set forth the extent to which an attempt will be made to comply substantially with the standard or specification. (b) These standards and specifications shall be adhered to in those buildings and facilities under construction on

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the effective date of this Act, unless the authority responsible for the construction shall determine that the construction has reached a state where compliance is impractical. This Act shall apply to temporary or emergency construction as well as permanent buildings. Section 3. Scope and Purpose . (a) This Act is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of coordination and aging. (b) It is intended to make all buildings and facilities covered by this Act accessible to, and functional for, the physically handicapped to, through and within their doors, without loss of function, space, or facilities where the general public is concerned. Section 4. Definitions . For the purpose of this Act the following terms have the meanings as herein set forth: (a) Nonambulatory disabilities means impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs. (b) Semiambulatory disabilities means impairments that cause individuals to walk with difficulty or insecurity. Individuals using braces or crutches, amputees, arthritics, spastics, and those with pulmonary and cardiac ills may be semiambulatory. The listing here made is illustrative and shall not be construed as being exhaustive. (c) Sight disabilities means total blindness or impairments affecting sight to the extent that the individual functioning in public areas is insecure or exposed to danger. (d) Hearing disabilities means deafness or hearing handicaps that might make an individual insecure in a public area because he is unable to communicate or hear warning signals. (e) Disabilities of coordination means faulty coordination or palsy from brain, spinal, or peripheral nerve injury.

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(f) Aging means those manifestations of the aging processes that significantly reduce mobility, flexibility, coordination, and perceptiveness but are not accounted for in the aforementioned categories. (g) Standard, when this term appears in small letters, is descriptive and means typical type. (h) Fixed turning radius, wheel to wheel means the tracking of the caster wheels and large wheels or a wheelchair when pivoting on a spot. (i) Fixed turning radius, front structure to rear structure means the turning radius of a wheelchair, left frontfoot platforms to right rear wheel, or right front-foot platform to left rear wheel when pivoting on a spot. (j) Involved (involvement) means a portion or portions of the human anatomy or physiology, or both, that have a loss or impairment of normal function as a result of genesis, trauma, disease, inflammation, or degeneration. (k) Ramps, ramps with gradients means ramps with gradients (or ramps with slopes) that deviate from what would otherwise be considered the normal level. An exterior ramp, as distinguished from a walk, shall be considered an appendage to a building leading to a level above or below existing ground level. As such, a ramp shall meet certain requirements similar to those imposed upon stairs. (l) Walk, walks means a predetermined, prepared surface, exterior pathway leading to or from a building or a facility, or from one exterior area to another, places on the existing ground level and not deviating from the level of the existing ground immediately adjacent. (m) Appropriate number means the number of a specific item that would be reasonable necessary, in accord with the purpose and function of a building or a facility, to accommodate individuals with specific disabilities in proportion to the anticipated number of individuals with disabilities who would use a particular building or facility.

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Section 5. Design Criteria . The following design criteria shall be applicable: (a) The collapsible model wheelchair of tubular metal construction with plastic upholstery for back and seat is most commonly used. The standard model of all manufacturers falls within the following limits, which are used as the basis of consideration: (1) Length: 42 inches. (2) Width, when open: 25 inches. (3) Height of seat from floor: 19-1/2 inches. (4) Height of armrest from floor: 29 inches. (5) Height of pusher handles (rear) from floor: 36 inches. (6) Width, when collapsed: 11 inches. (b) The fixed turning radius of a standard wheelchair, wheel to wheel, is 18 inches. The fixed turning radius, front structure to rear structure, is 31.5 inches. (c) The average turning space required by a person in a wheelchair (180 to 360 degrees) is 60 [UNK] 60 inches. A turning space of 63 [UNK] 56 inches may at times prove more workable and desirable. (d) A minimum width of 60 inches is required for two individuals in wheelchairs to pass each other. (e) In a wheelchair the average unilateral vertical reach is 60 inches and ranges from 56 to 78 inches. (f) The average horizontal working (table) reach of a person in a wheelchair is 30.8 inches and ranges from 28.5 to 33.2 inches. (g) The bilateral horizontal reach, both arms extended to

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each side, shoulder high, of a person in a wheelchair, ranges from 54 inches to 71 inches and averages 64.5 inches. (h) An individual reaching diagonally (from a wheelchair) as would be required in using wall mounted dial telephones or towel dispenser, would make the average reach (on the wall) 48 inches from the floor. (i) Most individuals ambulating on braces or crutches, or both, or on canes are able to manipulate within the specifications prescribed for wheelchairs, although doors present quite a problem at times. However, a crutch tip extending laterally from an individual is not obvious to others in heavily trafficked areas and not as obvious or protective as a wheelchair and is, therefore, a source of vulnerability. (j) On the average, individuals 5 feet 6 inches tall require an average of 31 inches between crutch tips in the normally accepted gait. (k) On the average, individuals 6 feet 0 inches tall require an average of 32.5 inches between crutch tips in the normally accepted gait. Section 6. Site Development . (a) The ground shall be graded and the main entrance constructed in such manner that the entrance floor level is easily accessible to individuals with physical disabilities from vehicles discharging such persons at curb of driveway serving main entrance, or curb of street when driveway is not provided, or from public sidewalk when provided, and from at least one parking area. Walks that shall connect main entrance to stated points of arrival shall conform to the provisions of paragraph (b) of this Section within the limits of practicality. (b) Public walks shall be at least 48 inches wide and shall have a gradient not greater than 5 percent. These walks shall be of continuing common surface, not interrupted by steps or abrupt changes in level. Wherever walks cross other walks, driveways, or parking lots, they shall blend to a common level. A walk shall have a level platform at the top which is at least 5 feet by 5 feet if a door swings out

Page 756

onto the platform or toward the walk. This platform shall extend at least one foot beyond each side of the doorway. A walk shall have a level platform at least 3 feet deep and 5 feet wide, if the door does not swing onto the platform or toward the walk. This platform shall extend at least one foot beyond each side of the doorway. For public school construction on sites where variation in topography is considerable, only the walk giving the handicapped person access to the facility shall be required to meet the specifications provided for herein. (c) Spaces in parking lots that are accessible to the building or facility shall be set aside and identified for use by individuals with physical disabilities. An adequate parking space is one that is open on one side and which allows room for individuals in wheelchairs or individuals with braces and crutches to get in and out of an automobile onto a level surface, suitable for wheeling and walking. Parking spaces for individuals with physical disabilities when placed between two conventional diagonal or head-on parking spaces shall be 12 feet wide. Care in planning shall be exercised so that individuals in wheelchairs and individuals using braces and crutches are not compelled to wheel or walk behind parked cars. Consideration shall be given to the distribution of spaces for use by the disabled, in accordance with the frequency and regularity of their parking needs. Walks shall be in conformity with subsection (b) of this Section. Section 7. Ramps . (a) Where ramps with gradients are necessary or desired, they shall conform to the following specifications: (1) A ramp shall not have a slope greater than one foot rise in 12 feet, or 8.33 percent, or 4 degrees 50 minutes. (2) A ramp shall have handrails on at least one side, and preferably two sides, that are 32 inches in height, measured from the surface of the ramp, that are smooth, that extend one foot beyond the top and bottom of the ramp, and that, as far as practicable, conform with American Standard Safety Code for Floor and Wall Openings, and Toe Boards

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as promulgated by the American Standards Association, Inc. (b) Ramps shall have a surface that is nonslip. A ramp shall have a level platform at the top which is at least 5 feet by 5 feet, if a door swings out onto the platform or toward the ramp. This platform shall extend at least one foot beyond each side of the doorway. A ramp shall have a level platform at least 3 feet deep and 5 feet wide, if the door does not swing onto the platform or toward the ramp. This platform shall extend at least one foot beyond each side of the doorway. Each ramp shall have at least 6 feet of straight clearance at the bottom. Ramps shall have level platforms at 30 foot intervals for purposes of rest and safety and shall have level platforms wherever they turn. Section 8. Entrances . At least one primary entrance to each building shall be usable by individuals in wheelchairs. At least one entrance usable by individuals in wheelchairs shall be on a level that would make the elevators accessible. Section 9. Doors . Doors shall have a clear opening of no less than 32 inches when open and shall be operable by a single effort. The floor on the inside and outside of each doorway shall be level for a distance of 5 feet from the door in the direction the door swings and shall extend one foot beyond each side of the door. Sharp inclines and abrupt changes in level shall be avoided at doorsills. As much as practicable, thresholds shall be flush with the floor. Section 10. Stairs . Stairs shall conform to standards of the American Standards Association, Inc., with the following additional considerations: Steps in stairs shall be designed wherever practicable so as not to have abrupt (square) nosing. Stairs shall have handrails 32 inches high as measured from the tread at the face of the riser. Stairs shall have at least one handrail that extends at least 18 inches beyond the top step and beyond the bottom step. Steps should, wherever possible, and in conformation with existing step formulas, have risers that do not exceed 7 inches.

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Section 11. Floors. Floors shall, wherever practicable, have a surface that is nonslip. Floors on the same story shall be of a common level throughout or be connected by a ramp in accordance with subsections (a) and (b) of Section 7 of this Act. Section 12. Toilet Rooms. (a) An appropriate number of toilet rooms in accordance with the nature and use of a specific building or facility, shall be accessible to and usable by the physically handicapped. (b) Toilet rooms shall have space to allow traffic of individuals in wheelchairs, in accordance with section 5 of this Act. (c) Toilet rooms shall have at least one toilet stall that: (1) is 3 feet wide. (2) is at least 4 feet 8 inches, preferably 5 feet, deep. (3) has a door (where doors are used) that is 32 inches wide and swings out. (4) has handrails on each side, 33 inches high and parallel to the floor, 1-1/2 inches in outside diameter, with 1-1/2 inches clearance between rail and wall, and fastened securely at ends and center. (5) has a water closet with the seat 20 inches from the floor. (d) Toilet rooms shall have lavatories with narrow aprons, which when mounted at standard height are usable by indivduals in wheelchairs, or shall have lavatories mounted higher, when particular designs demand, so that they are uable by individuals in wheelchairs. (e) Mirrors and shelves, where installed, shall be provided above lavatories at a height as low as practicable and no higher than 40 inches above the floor, measured from the top of the shelf and the bottom of the mirror.

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(f) Toilet rooms for men shall have an appropriate number of wall-mounted urinals with the opening of the basin 19 inches from the floor, or shall have floor-mounted urinals that are on a level with the main floor of the toilet room. (g) Toilet rooms shall have an appropriate number of towel racks, towel dispensers, and other dispensers and disposal units mounted no higher than 40 inches from the floor. Section 13. Water Fountains. (a) An appropriate number of water fountains or other water-dispensing means shall be accessible to, and usable by, the physically disabled. (b) Water fountains or coolers shall have up-front spouts and controls. Water fountains or coolers shall be hand-operated or hand-operated and foot-operated. Section 14. Public Telephones. (a) An appropriate number of public telephones shall be made accessible to, and usable by, the physically disabled. (b) Such telephones shall be placed so that the dial and the handset can be reached by individuals in wheelchairs. (c) An appropriate number of public telephones shall be equipped for those with hearing disabilities and so identified with instructions for use. Section 15. Elevators. Elevators, where installed, shall be provided and shall be accessible to, and usable by, the physically disabled at all levels normally used by the general public. Elevator control buttons shall have identifying features for the benefit of the blind. Elevators shall allow for traffic by wheelchairs. Section 16. Switches and Controls. Switches and controls for light, heat, ventilation, windows, draperies, fire alarms, and all similar controls of frequent or essential use, shall be placed within the reach of individuals in wheelchairs.

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Section 17. Identification for the Blind. Appropriate identification of specific facilities within a building used by the public is essential to the blind. Raised letters or numbers shall be used to identify rooms and offices. Identification shall be placed on the wall, to the right or left of the door, at a height between 4 feet 6 inches and 5 feet 6 inches measured from the floor, and preferably at 5 feet. Doors that are not intended for normal use, and that are dangerous if a blind person were to exit or enter by them, shall be made quickly identifiable to the touch by knurling the door handle or knob. Section 18. Warning Signals. (a) Audible warning signals shall be accompanied by simultaneous visual signals for the benefit of those with hearing disabilities. (b) Visual signals shall be accompanied by simultaneous audible signals for the benefit of the blind. Section 19. Hazards. (a) Every effort shall be exercised to obviate hazards to individuals with physical disabilities. (b) Access panels or manholes in floors, walks, and walls can be extremely hazardous, particularly when in use, and shall be avoided where possible. (c) When manholes or access panels are open and in use, or when an open excavation exists on a site, particularly when it is approximate to normal pedestrian traffic, barricades shall be placed on all open sides, at least 8 feet from the hazard, the warning devices shall be installed in accordance with the provisions of subsection (b) of this Section. (d) Low-hanging door closers that are within the opening of a doorway when the door is open, or that protrude hazardously into regular corridors, or traffic ways when the door is closed, shall be avoided. (e) Low-hanging signs, ceiling lights, and similar objects or signs and fixtures that protrude into regular corridors

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or traffic ways shall be avoided. A minimum height of 7 feet, measured from the floor, shall be had. (f) Lighting on ramps shall be at least equal to that prescribed by the specifications of American Standards Association, Inc. Exit signs shall be in accordance with specifications of American Standards Association, Inc. Section 20. Responsibilities for Enforcement. (a) The responsibility for administration and enforcement of this Act shall reside primarily in the State Fire Marshal but the State Fire Marshal shall have the assistance of appropriate State rehabilitation agencies in carrying out his responsibilities under this Act. In enforcing this Act, the State Fire Marshal shall also receive the assistance of all appropriate elective or appointive public officials. The State Fire Marshal shall from time to time inform professional organizations and others of this law and its application. (b) The State Fire Marshal shall have all necessary powers to require compliance with its rules and regulations and modifications thereof and substitutions therefore, including powers to institute and prosecute proceedings in the Superior Court to compel such compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceeding. (c) The State Fire Marshal, after consultation with State rehabilitation agencies and other sources as he might determine, is authorized to promulgate such rules and regulations as might reasonably be required to implement and enforce this Act. The State Fire Marshal, after consultation with State rehabilitation agencies, is also authorized to waive any of the standards and specifications presently set forth in this Act and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc. (d) The Board of Regents of the University System of Georgia shall be responsible for the enforcement of this

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Act on all properties under its jurisdiction. In all other instances, the responsibility for enforcement of this Act shall be in the State Fire Marshal. Section 21. Sections not mandatory for public schools. The requirements of subsection (f) of Section 12 of this Act and of Sections 14 through 18 of this Act shall not be construed to be mandatory in connection with the construction of public schools. Section 22. Construction. Nothing in this Act shall be construed to require the equipment and facilities for handicapped persons specified by this Act to be provided in public buildings which are not ordinarily open to and used by the general public. Section 23. An Act entitled: An Act to provide certain requirements relative to the construction of public buildings, paid for, in whole or in part, from public funds, in order to make such buildings accessible to and usable by the physically handicapped; to provide for the enforcement of this Act; to provide that the provisions of this Act shall not be applicable to the construction of public buildings under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 4, 1969 (Ga. L. 1969, p. 261), is hereby repealed in its entirety. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. DISPOSITION OF UNCLAIMED PROPERTY ACT. No. 1257 (Senate Bill No. 430). An Act to be known as the Disposition of Unclaimed Property Act; to provide for certain definitions; to provide for presumptions of abandonment of property or funds

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held by banking and financial organizations; to provide for presumptions of abandonment of property or funds held by insurance companies; to provide for presumptions of abandonment of property or funds held by utilities; to provide for presumptions of abandonment of stocks, dividends, property or other funds held by business associations; to provide for presumptions of abandonment of property or funds distributable in the course of dissolution of a business association, banking organization or financial organization; to provide for presumptions of abandonment of property or funds held in a fiduciary capacity; to provide for presumptions of abandonment of property or funds held by any court, public corporation, public authority, public officer or political subdivision; to provide for the presumption of abandonment of all intangible personal property held or owing in this State; to provide for reciprocal provisions for a disposition of unclaimed property where statutes of other states make similar reciprocal provisions; to require holders of abandoned property to make reports to the State Revenue Commissioner or to the Superintendent of Banks; to provide different requirements for banking and financial organizations; to provide for the publishing of notices of abandoned property; to require the holder of abandoned property to deliver the same to the State Revenue Commissioner; to transfer responsibility for delivered property from the holder to the State; to bar the owner of property from the right to income or other increments accruing to property which has been delivered to the State Revenue Commissioner; to provide that periods of limitation are not a bar to the presumption of abandonment; to require the State Revenue Commissioner to sell all abandoned property other than money at public auction; to require that funds be deposited in the general funds of the State; to provide for the filing of a claim for property which has been delivered to the State; to authorize the State Revenue Commissioner to consider claims for property and to hold hearings; to provide for a method of appeal of any act or failure to act of the State Revenue Commissioner; to authorize the State Revenue Commissioner to decline to receive abandoned

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property under certain circumstances; to authorize the State Revenue Commissioner or the Superintendent of Banks to examine records of suspected holders of abandoned property; to authorize the State Revenue Commissioner to institute court actions; to provide for the administration of this Act; to provide for penalties for failure to report or failure to deliver abandoned property; to authorize the State Revenue Commissioner and the Superintendent of Banks to make rules and regulations; to provide exemptions from the coverage of this Act; to provide for the severability of the provisions of this Act; to provide a uniform interpretation of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Disposition of Unclaimed Property Act. Section 2. Definitions and Use of Terms. As used in this Act, unless the context otherwise requires: (a) Banking organization means any bank, regulated certificated bank, trust company or savings bank engaged in business in this State. (b) Business association means any corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals. (c) Financial organization means any savings and loan association, building and loan association, credit union, or investment company, engaged in business in this State. (d) Holder means any person in possession of property subject to this Act belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this Act. (e) Insurance corporation means any association or corporation transacting within this State the business of

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insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments and annuities; disability, accident and health insurance; and property, casualty and surety insurance as all said terms are defined in Code Chapter 56-4. (f) Owner means a depositor in case of a deposit, a beneficiary in case of a trust, a creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this Act, or his legal representative. (g) Person means any individual, business association, government or political subdivision, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity. (h) Utility means any person who owns or operates within this State, for public use, any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. Section 3. Property Held by Banking or Financial Organizations. The following property held or owing by a banking or financial organization is presumed abandoned: (a) Any demand, savings or matured time deposit made in this State with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld, unless the owner has, within fifteen years: (1) Increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest; or (2) Corresponded in writing with the banking organization concerning the deposit; or (3) Otherwise indicated an interest in the deposit as

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evidenced by a memorandum on file with the banking organization. (b) Any funds paid in this State toward the purchase of shares or other interest in a financial organization (or any deposit made therewith in this State), and interest or dividends thereon, excluding any charges that may lawfully be withheld, unless the owner has within fifteen years: (1) Increased or decreased the amount of the funds (or deposit), or presented an appropriate record for the crediting of interest or dividends; or (2) Corresponded in writing with the financial organization concerning the funds (or deposit); or (3) Otherwise indicated an interest in the funds (or deposit) as evidenced by a memorandum on file with the financial organization. (c) Any sum payable on checks certified in this State or on written instruments issued in this State on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, certificates of deposit, drafts, and traveler's checks, that has been outstanding for more than fifteen years from the date it was payable, or from the date of its issuance if payable on demand, unless the owner has within fifteen years corresponded in writing with the banking or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization. (d) Any funds or other personal property, tangible or intangible, removed from a safe deposit box or any other safekeeping repository (or agency or collateral deposit box) in this State on which the lease or rental period has expired due to nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than fifteen years from the date on which the lease or rental period expired.

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Section 4. Unclaimed Funds Held by Insurance Corporations. (a) Life Insurance. (1) Unclaimed funds, as defined in this subsection, held and owing by a life insurance corporation shall be presumed abandoned if the last known address, according to the records of the corporation, of the person entitled to the funds is within this State. If a person other than the insured or annuitant is entitled to the funds and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the corporation. (2) Unclaimed funds, as used in this subsection, means all moneys held and owing by any life insurance corporation unclaimed and unpaid for more than fifteen years after the moneys became due and payable as established from the records of the corporation under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured is deemed to be matured and the proceeds thereof are deemed to be due and payable if such policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding fifteen years: (i) assigned, readjusted, or paid premiums on the policy, or subjected the policy to loan; or (ii) corresponded in writing with the life insurance corporation concerning the policy. (b) Insurance other than Life Insurance. (1) Unclaimed funds, as defined in this subsection, held and owing by a fire, casualty or surety insurance

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corporation shall be presumed abandoned if the last known address according to the records of the corporation, of the person entitled to the funds is within this State. If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of such person is known to the corporation, or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the corporation. (2) Unclaimed funds, as used in this subsection, means all moneys held and owing by any fire, casualty or surety insurance corporation unclaimed and unpaid for more than fifteen years after the moneys become due and payable as established from the records of the corporation either to an insured, a principal, or a claimant under any fire, casualty or surety insurance policy or contract. (c) Moneys otherwise payable according to the records of the corporation are deemed due and payable although the policy or contract has not been surrendered as required. Section 5. Deposits and Refunds Held by Utilities. The following funds held or owing by any utility are presumed abandoned: (a) Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished in this State, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than fifteen years after the termination of the services for which the deposit or advance payment was made. (b) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this State, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than fifteen years after the date it became payable

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in accordance with the final determination or order providing for the refund, unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds. Section 6. Undistributed Dividends and Distributions of Business Associations. Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to a shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claimed it, or corresponded in writing with the business association concerning it, within fifteen years after the date prescribed for payment or delivery is presumed abandoned if: (a) It is held or owing by a business association organized under the laws of or created in this State; or (b) It is held or owing by a business association doing business in this State, but not organized under the laws of or created in this State, and the records of the business association indicate that the last known address of the person entitled thereto is in this State. Section 7. Property of Business Associations and Banking or Financial Organizations Held in Course of Dissolution. All intangible personal property distributable in the course of a voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of or created in this State that is neither claimed by the owner within fifteen years after the date for final distribution, nor deposited with the State Treasurer pursuant to the applicable provisions of the Georgia Business Corporation Code or the Georgia Non-Profit Corporation Code, is presumed abandoned. Section 8. Property Held by Fiduciaries. All intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within fifteen

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years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary: (a) If the property is held by a banking organization or a financial organization, or by a business association organized under the laws of or created in this State; or (b) If it is held by a business association, doing business in this State, but not organized under the laws of or created in this State, and the records of the business association indicate that the last known address of the person entitled thereto is in the State; or (c) If it is held in this State by any other person. Section 9. Property Held by State Courts and Public Officers and Agencies. All intangible personal property held for the owner by any court, public corporation, public authority, or public officer of the State, or a political sub-division thereof, that has remained unclaimed by the owner for more than fifteen years is presumed abandoned. Section 10. Miscellaneous Personal Property Held for Another Person. All intangible personal property, not otherwise covered by this Act, including any income or increment thereon and deducting any lawful charges, that is held or owing in this State in the ordinary course of the holder's business and has remained unclaimed by the owner for more than fifteen years after it became payable or distributable is presumed abandoned. Section 11. Reciprocity for Property Presumed Abandoned or Escheated Under the Laws of Another State. If specific property which is subject to the provisions of sections 3, 6, 7, 8, and 10 is held for or owed or distributable to an owner whose last known address is in another state by a holder who is subject to the jurisdiction of that state, the specific property is not presumed abandoned in this State and subject to this Act if:

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(a) It may be claimed as abandoned or escheated under the laws of such other state; and (b) The laws of such other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by such other state when held for or owed or distributable to an owner whose last known address is within this State by a holder who is subject to the jurisdiction of this State. Section 12. Report of Abandoned Property. (a) Every person holding funds or other property, tangible or intangible, presumed abandoned under sections 4 through 10 of this Act shall report to the State Revenue Commissioner with respect to the property as hereinafter provided. (b) The report shall be verified and shall include: (1) The name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $25.00 or more presumed abandoned under this Act; (2) In case of unclaimed funds of insurance corporations, the full name of the insured, annuitant, principal or claimant and his last known address according to the insurance corporation's records; (3) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $25.00 each may be reported in aggregate; (4) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and (5) Other information which the State Revenue Commissioner prescribes by rule as necessary for the administration of this Act.

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(c) If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property. (d) The report shall be filed before November 1 of each year as of June 30 next preceding, but the report of insurance corporations shall be filed before May 1 of each year as of December 31 next preceding. The State Revenue Commissioner may postpone the reporting date upon written request by any person required to file a report. (e) If the holder of property presumed abandoned under this Act knows the whereabouts of the owner and if the owner's claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner. (f) Verification, if made by a partnership, shall be executed by a partner, if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer. (g) The initial report filed under this Act shall apply only to items of property which subsequent to the effective date of this Act shall first become presumed abandoned as such term is defined by the provisions of this Act; provided, however, that nothing in this Section shall be construed to require a utility to include in its initial report any item of money or property as to which the name of the owner and his last known address do not appear in the records maintained by the utility in accordance with rules or practices sanctioned by any State or federal regulatory body having jurisdiction over such utility.

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Section 13. Report of Abandoned Property Held by Banking or Financial Organizations. (a) Every person holding funds or other property, tangible or intangible, presumed abandoned under Section 3 of this Act shall report to the Superintendent of Banks, sending a copy thereof to the State Revenue Commissioner, with respect to the property as hereinafter provided. (b) The report shall be verified and shall include: (1) The name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $25.00 or more presumed abandoned under Section 3 of this Act; (2) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and (3) Other information which the Superintendent of Banks prescribes by rule as necessary for the administration of this Section. (c) If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property. (d) The report shall be filed before November 1 of each year as of June 30 next preceding. The Superintendent of Banks may postpone the reporting date upon written request by any person required to file a report. (e) If the holder of property presumed abandoned under this Section knows the whereabouts of the owner and if the owner's claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder

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shall exercise due diligence to ascertain the whereabouts of the owner. (f) Verification shall be executed by an officer of the banking or financial organization. (g) The initial report filed under this Section shall be filed by November 1, 1973. (h) Upon receiving and approving the reports required by this Section, the Superintendent of Banks shall notify all holders of property presumed abandoned to transfer such property to interest paying savings accounts in the name of the person or persons to whom the property belongs according to the records of the banking or financial organization. Annual reports submitted pursuant to subsection (d) of this Section shall show any changes that have transpired on any report previously submitted. (i) No banking or financial organization shall deduct a service charge from any account on which there has been no deposit or withdrawal for 12 or more months or otherwise impose a service charge on any such account. A service charge may be imposed for 12 months immediately following a deposit to or withdrawal from any such account. Section 14. Notice and Publication of Lists of Abandoned Property. (a) Within 120 days from the filing of the report required by section 12, the State Revenue Commissioner shall cause notice to be published at least once each week for two successive weeks in an English language newspaper of general circulation in the county in this State in which is located the last known address of any person to be named in the notice. If no address is listed or if the address is outside this State, the notice shall be published in the county in which the holder of the abandoned property has his principal place of business within this State. (b) The published notice shall be entitled Notice of Names of Persons Appearing to be Owners of Abandoned Property, and shall contain:

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(1) The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice within the county as hereinbefore specified. (2) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the State Revenue Commissioner. (3) A statement that if proof of claim is not presented by the owner to the holder and if the owner's right to receive the property is not established to the holder's satisfaction within 65 days from the date of the second published notice, the abandoned property will be placed not later than 85 days after such publication date in the custody of the State Revenue Commissioner to whom all further claims must thereafter be directed. (c) The State Revenue Commissioner is not required to publish in such notice any item of less than $25.00 unless he deems such publication to be in the public interest. (d) Within 120 days from the receipt of the report required by section 12, the State Revenue Commissioner shall mail a notice to each person having an address listed therein who appears to be entitled to property of the value of $25.00 or more presumed abandoned under this Act. (e) The mailed notice shall contain: (1) A statement that, according to a report filed with the State Treasurer, property is being held to which the addressee appears entitled. (2) The name and address of the person holding the property and any necessary information regarding changes of name and address of the holder. (3) A statement that, if satisfactory proof of claim is not presented by the owner to the holder by the date specified in the published notice, the property will be placed

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in the custody of the State Revenue Commissioner to whom all further claims must be directed. Section 15. Payment or Delivery of Abandoned Property. Every person who has filed a report as provided by section 12 shall within 20 days after the time specified in section 14 for claiming the property from the holder pay or deliver to the State Revenue Commissioner all abandoned property specified in the report, except that, if the owner establishes his right to receive the abandoned property to the satisfaction of the holder within the time specified in section 14, or if it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property, which will no longer be presumed abandoned, to the State Revenue Commissioner, but in lieu thereof shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment. Section 16. Relief from Liability by Payment or Delivery. (a) Upon the payment or delivery of abandoned property to the State Revenue Commissioner, the State shall assume custody and shall be responsible for the safekeeping thereof. Any person who pays or delivers abandoned property to the State Revenue Commissioner under this Act is relieved of all liability to the extent of the value of the property so paid or delivered or any claim which then exists or which thereafter may arise or be made in respect to the property. Any holder who has paid moneys to the State Revenue Commissioner pursuant to this Act may make payment to any person appearing to such holder to be entitled thereto, and upon proof of such payment and proof that the payee was entitled thereto, the State Revenue Commissioner shall forthwith reimburse the holder for the payment. (b) In the event legal proceedings are instituted by any other state or states and any state or federal court with respect to unclaimed funds or abandoned property previously paid or delivered to the State Revenue Commissioner, the

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holder shall give written notification to the State Revenue Commissioner and the Attorney General of this State of such proceedings within ten days after service of process, or in the alternative at least ten days before the return date on which an answer or similar pleading is due (or any extension thereof secured by the holder). The Attorney General may take such action as he deems necessary or expedient to protect the interest of the State of Georgia. The Attorney General by written notice prior to the return date on which an answer or similar pleading is due (or any extension thereof secured by the holder), but in any event in reasonably sufficient time for the holder to comply with the directions received, shall either direct the holder actively to defend in such proceedings or that no defense need be entered in such proceedings. If a direction is received from the Attorney General that the holder need not make a defense, such shall not preclude the holder from entering a defense in his own name if he should so choose. However, any defense made by the holder on his initiative shall not entitle the holder to reimbursement for legal fees, costs and other expenses as is hereinafter provided in respect to defenses made pursuant to the direction of the Attorney General. If, after the holder has actively defended in such proceedings pursuant to a direction of the Attorney General, or has been notified in writing by the Attorney General that no defense need be made with respect to such funds, a judgment is entered against the holder for any amount paid to the State Revenue Commissioner under this Act, the State Revenue Commissioner shall, upon being furnished either proof of payment or satisfaction of such judgment, reimburse the holder the amount so paid. The State Revenue Commissioner shall also reimburse the holder for any legal fees, cost and other directly related expenses incurred in legal proceedings undertaken pursuant to the direction of the Attorney General. Section 17. Income Accruing After Payment or Delivery. When property is paid or delivered to the State Revenue Commissioner under this Act, the owner is not entitled to receive income or other increments accruing thereafter. Section 18. Periods of Limitation Not a Bar. The expiration

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of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall not prevent the money or property from being presumed abandoned property, nor affect any duty to file a report required by this Act or to pay or deliver abandoned property to the State Revenue Commissioner; provided however, that holders shall not be required to report or to pay or deliver abandoned property as to which the period of the statute of limitations applicable to the enforcement of any claim to such property shall have expired prior to the effective date of this section. Section 19. Sale of Abandoned Property. (a) All abandoned property, other than money delivered to the State Revenue Commissioner under this Act, shall within one year after the delivery be sold by him to to the highest bidder at public sale in whatever city in the State affords in his judgment the most favorable market for the property involved. The State Revenue Commissioner may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. He need not offer any property for sale if, in his opinion, the probable cost of sale exceeds the value of the property. (b) Any sale held under this Section shall be preceded by a single publication of notice thereof, at least three weeks in advance of sale in an English language newspaper of general circulation in the county where the property is to be sold. (c) The purchaser at any sale conducted by the State Revenue Commissioner pursuant to this Act shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The State Revenue Commissioner shall execute all documents necessary to complete the transfer of title. Section 20. Deposit of Funds. (a) All funds received under this Act, including the

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proceeds from the sale of abandoned property under section 19, shall forthwith be deposited by the State Revenue Commissioner in the general funds of the State, except that the State Revenue Commissioner shall retain in a separate trust fund an amount not exceeding $100,000 from which he shall make prompt payment of claims duly allowed by him as hereinafter provided. Before making the deposit he shall record the name and last known address of each person appearing from the holder's reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due. The record shall be available for public inspection at all reasonable business hours. (b) Before making any deposit to the credit of the general funds, the State Revenue Commissioner may deduct: (1) any costs in connection with sale of abandoned property, (2) any costs of mailing and publication in connection with any abandoned property, and (3) reasonable service charges. Section 21. Claim for Abandoned Property Paid or Delivered. Any person claiming an interest in any property delivered to the State under this Act may file a claim thereto or to the proceeds from the sale thereof on the form prescribed by the State Revenue Commissioner. Section 22. Determination of Claims. (a) The State Revenue Commissioner shall consider any claim filed under this Act and may hold a hearing and receive evidence concerning it. If a hearing is held, he shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by him and the reasons for his decision. The decision shall be a public record.

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(b) If the claim is allowed, the State Revenue Commissioner shall make payment forthwith. The claim shall be paid without deduction for costs of notices or sale or for service charges. Section 23. Judicial Action Upon Determinations. Any person aggrieved by a decision of the State Revenue Commissioner or as to whose claim the State Revenue Commissioner has failed to act within 90 days after the filing of the claim, may appeal such decision or lack of decision to the Superior Court of Fulton County, Georgia. The proceeding shall be brought within 90 days after the decision of the State Revenue Commissioner or within 180 days from the filing of the claim if the State Revenue Commissioner fails to act. The appeal shall be tried de novo without a jury. Section 24. Election to Take Payment or Delivery. The State Revenue Commissioner, after receiving reports of property deemed abandoned pursuant to this Act, may decline to receive any property reported which he deems to have a value less than the cost of giving notice and holding sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within 120 days after filing the report required under section 12, the State Revenue Commissioner shall be deemed to have elected to receive the custody of the property. Section 25. Examination of Records. The State Revenue Commissioner or the Superintendent of Banks, as the case may be, may, at reasonable times and upon reasonable notice, examine the records of any person if he has reason to believe that such person has failed to report property that should have been reported pursuant to this Act. Section 26. Proceeding to Compel Delivery of Abandoned Property. If any person refused to deliver property to the State Revenue Commissioner, as required under this Act, he shall bring an action in a court of appropriate jurisdiction to enforce such delivery.

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Section 27. Administration. The State Revenue Commissioner shall create a Division of his office, to be known as the Unclaimed Property Division, for the purpose of administering the provisions of this Act. An appropriation shall be made biennially for the maintenance of such division and to provide sufficient staff to adequately enforce the provisions of this Act. Other Divisions of the office of State Revenue Commissioner, as well as all State officers and employees generally, shall assist in the enforcement of this Act in connection with the performance of their normal duties. Section 28. Penalties. Any person, firm or corporation who wilfully fails to render any report or perform any other duties required under this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or confinement in the county or other jail not to exceed six (6) months, or by both such fine and imprisonment at the discretion of the court. Section 29. Rules and Regulations. The State Revenue Commissioner and the Superintendent of Banks are hereby authorized to make necessary rules and regulations to carry out the provisions of this Act. Section 30. Effect of Laws of Other States. This Act shall not apply to any property that has been presumed abandoned or escheated under the laws of another State prior to the effective date of this Act. Section 31. Effect to Existing Georgia Laws. This Act shall not be construed to apply to any property, tangible or intangible, which is a part of an estate subject to escheat under Chapter 85-11 of the Code of Georgia of 1933. Section 32. Severability. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

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Section 33. Uniformity of Interpretation. This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Section 34. Effective Date. The provisions of this Act shall become effective January 1, 1973. Section 35. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. HEALTHPREMARITAL EXAMINATIONSAPPLICANTS TO BE OFFERED TEST FOR SICKLE CELL ANEMIA, ETC. No. 1258 (Senate Bill No. 431). An Act to amend an Act providing for premarital examinations for syphilis and requiring each applicant for a marriage license to provide a certificate from a licensed physician stating that the applicant was given a physical examination including a standard serologic test for syphilis, approved February 25, 1949 (Ga. L. 1949, p. 1054), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 217), so as to provide that the certificate from the physician shall contain a provision which shall state that each such applicant has been offered a standard serologic test for Sickle Cell Anemia and counselling; to provide that the payment of the serolgic test for Sickle Cell Anemia and the counselling shall be borne by the applicant unless adequate public funding is available; to provide for a maximum charge by state and county health facilities; to provide that certain language providing for free serologic examinations for syphilis shall not be applicable to the examination for Sickle Cell Anemia or the counselling provided for herein; 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 premarital examinations for syphilis and requiring each applicant for a marriage license to provide a certificate from a licensed physician stating that the applicant was given a physical examination including a standard serologic test for syphilis, approved February 25, 1949 (Ga. L. 1949, p. 1054), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 217), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 which shall read as follows: Section 1. (a) Each person who shall apply for a marriage license shall present to the ordinary a certificate signed by a physician licensed pursuant to Ga. Code Chapter 84-9 or licensed in any state or United States territory to practice medicine and surgery, stating that the applicant for marriage license has been given an examination including a standard serologic test for syphilis and that in the opinion of such examining physician the applicant is not infected with syphilis, or if so infected, is not in a stage of that disease which is or may become communicable. The certificate shall be filed by the ordinary. (b) The certificate shall contain a provision stating that such applicant has been offered a standard serologic test for Sickle Cell Anemia as well as counselling directed to inform the applicant that a carrier of the inheritable hemoglobin type of Sickle Cell Anemia may convey to his or her offspring the Sickle Cell Anemia trait or the disease Sickle Cell Anemia. The cost of the serologic test for Sickle Cell Anemia and the counselling shall be paid by the applicant unless adequate State appropriations or Federal aid is available for the cost of such test and counselling. In the event there are no such funds available, the charge to each applicant for the test and counselling provided by the State Department of Public Health or county board of health facilities shall not exceed $1.00. Sickle cell Anemia offer. (c) The physician's examination, including a standard serologic test for syphilis of both the man and woman applying for a marriage license, shall be made within thirty days prior to the application for such license.

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(d) If the applicant is unable to pay for the serologic test for syphilis, the certificate may be obtained from the local health officer or county physician without charge; provided this subsection shall not apply to applicants for serologic tests for Sickle Cell Anemia or for the counselling provided for in this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. INTERSTATE COMPACT ON JUVENILES ACT. No. 1259 (Senate Bill No. 434). An Act to provide that the State of Georgia shall be a party to the Interstate Compact on Juveniles; to declare certain legislative findings; to authorize and direct the Governor to execute a compact on behalf of this State with other states legally joining therein; to provide for definitions; to provide for the return of runaways, escapees and absconders and the procedures connected therewith; to provide for the supervision of delinquent juveniles placed on parole or probation and the procedures connected therewith; to provide that when executed the compact shall have the full force and effect of law within this State; to provide for a juvenile compact administrator; to authorize the compact administrator to promulgate rules and regulations to carry out the terms of the compact; to authorize the compact administrator to enter into supplementary agreements with appropriate officials of other states; to authorize the compact administrator to arrange to make any payments necessary to discharge any financial obligations imposed upon this State by the compact; to require the courts, departments, agencies, and officers of this State and its subdivisions to enforce the compact; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Legislative Findings and Policy. It is hereby found and declared: (1) that juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others; 92) that the cooperation of this State with other states is necessary to provide for the welfare and protection of juveniles and of the people of this State. It shall therefore be the policy of this State, in adopting the Interstate Compact on Juveniles, to cooperate fully with other states: (1) in returning juveniles to such other states whenever their return is sought; and (2) in accepting the return of juveniles whenever a juvenile residing in this State is found or apprehended in another state and in taking all measures to initiate proceedings for the return of such juveniles. Section 2. Execution of Compact. The Governor is hereby authorized and directed to execute a compact on behalf of this State with any other state or states legally joining therein in the form substantially as follows: INTERSTATE COMPACT OF JUVENILES The contracting states solemnly agree: ARTICLE IFindings and Purposes That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of non-delinquent juveniles who have

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run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party-states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the non-criminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes. ARTICLE IIExisting Rights and Remedies That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities. ARTICLE IIIDefinitions That, for the purposes of this compact, delinquent juvenile means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; probation or parole means any kind of conditional release of juveniles authorized under the laws of the states party hereto; court means any court having jurisdiction over delinquent, neglected or dependent children; state means any state, territory or possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and residence or any varient thereof means a place at which a home or regular place of abode is maintained. ARTICLE IVReturn of Runways (a) That the parent, guardian, person or agency entitled

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to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the

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consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding. Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding 90 days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away,

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there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from the prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state. (b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return. (c) That juvenile as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. ARTICLE VReturn of Escapees and Absconders (a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location

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of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding. Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of

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the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding 90 days, as will enable his detention under a detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state. (b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for the payment of the transportation costs of such return. ARTICLE VIVoluntary Return Procedure That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article

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IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return. ARTICLE VIICooperative Supervision of Probationers and Parolees (a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called sending state) may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called receiving state) while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make

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such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly. (b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole. (c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding,

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imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference. (d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state. ARTICLE VIIIResponsibility for Costs (a) That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. (b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact. ARTICLE IXDetention Practices That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons. ARTICLE XSupplementary Agreements That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of

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delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states. ARTICLE XIAcceptance of Federal and Other Aid That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants. ARTICLE XIICompact Administrators That the Governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and

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regulations to carry out more effectively the terms and provisions of this compact. ARTICLE XIIIExecution of Compact That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form or execution to be in accordance with the laws of the executing state. ARTICLE XIVRenunciation That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of the present Article. ARTICLE XVSeverability That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstances shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in

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full force and effect as to the state affected as to all severable matters. Section 3. Juvenile Compact Administrator. Pursuant to said compact, the Governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the Governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this State hereunder. Section 4. Supplementary Agreements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. Section 5. Financial Arrangements. Funds appropriated to any department, division or agency of this State may be expended for the purpose of carrying out the provisions of this Act. Such department, division or agency, in all programs carried out pursuant to the provisions of this Act involving allocation or expenditure of funds, shall be governed and controlled by the provisions of the Act known as the Budget Act, approved March 12, 1962 (Ga. L. 1962, p. 17), as the same is now or may hereafter be amended and by any appropriation acts and all other laws pertaining to the handling and expenditure of State funds. Subject

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to the provisions of this Section, the compact administrator is hereby authorized to make or arrange to make any payments necessary to discharge any financial obligations imposed upon this State by the compact or any supplementary agreement entered into thereunder. Section 6. Responsibilities of State Departments, Agencies and Offices. The courts, departments, agencies and officers of this State and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions. Section 7. Additional Procedures Not Precluded. In addition to any procedure provided in Articles IV and VI of the compact for the return of any runaway juvenile, the particular states, the juvenile or his parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this State and the other respective party states for the return of any such runaway juvenile. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GEORGIA BUSINESS DEVELOPMENT CORPORATION ACT. No. 1260 (Senate Bill No. 458). An Act to provide for the creation of Business Development Corporations to promote, develop and advance the prosperity and economic welfare of the State of Georgia; to provide for a short title; to provide for the purposes of such corporations; to provide for certain definitions; to give the Superintendent of Banks the responsibility of supervising corporations organized hereunder; to provide

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that such corporations may be organized under the general laws of the State of Georgia, subject to certain limitations; to provide that such corporations may borrow money from members and issue securities and evidences of indebtedness and to secure the same; to provide that such corporations may make loans; may acquire the good will, business and assets of persons, firms and corporations; may acquire real estate and personal property and use the same for the purposes of the corporation; to provide that corporations organized under the laws of the State of Georgia or transacting business therein are authorized to purchase, hold, and dispose of the securities of industrial development corporations; to provide that financial institutions are authorized to become members and make loans to such corporations, subject to certain limitations; to provide that such corporations shall set aside a portion of earned surplus from year to year as a reserve fund; to provide that financial institutions are authorized to acquire the securities and stock of such corporations; to provide for selecting depositories for funds of such corporations; to provide that such corporations shall make reports to the Superintendent of Banks; to provide for the management of such corporations by a board of directors, a president, and other officers; to provide for the dissolution of such corporations; to provide that such corporations may cooperate with and avail themselves of the facilities of the Georgia Department of Industry and Trade or any other similar State, Federal or local government agency including financial assistance; to provide for the payment of an annual license tax; to provide an effective date and an expiration date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Georgia Business Development Corporation Act. Section 2. Definitions. As used in this Act, the following words and phrases, unless differently defined or described, shall have the meanings and references as follows:

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(a) Corporation means a Georgia Business Development Corporation created under this Act. (b) Financial institution means any banking corporation or trust company, savings and loan association, insurance company or related corporation, partnership, foundation, pension funds or other institution engaged primarily in lending or investing funds. (c) Member means any financial institution authorized to do business within this State which shall undertake to lend money to a corporation created under this Act, upon its call, and in accordance with the provisions of this Act. (d) Board of Directors means any board of directors of a corporation created under this Act. (e) Loan limit means for any member, the maximum amount permitted to be outstanding at any one time on loans made by such member to the corporation, as determined under the provisions of this Act. Section 3. Persons entitled to incorporateCertificate of Incorporation. Five (5) or more persons, a majority of whom shall be residents of this State, who may desire to create a Business Development Corporation under the provisions of this Act, for the purpose of promoting, developing and advancing the prosperity and economic welfare of the State of Georgia and, to that end, to exercise the powers and privileges hereinafter provided, may be incorporated by filing in the office of any judge of the Superior Court of this State, as hereinafter provided, articles of incorporation. The articles of incorporation shall contain: (a) The name of the corporation, which shall include the words Business Development Corporation of Georgia. (b) The location of the registered office of the corporation, but such corporation may have branch offices in such other places within the State as may be fixed by the board of directors.

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(c) The purposes for which the corporation is founded, which shall include: to promote, stimulate, develop and advance the business prosperity and economic welfare of the State of Georgia and its citizens: To encourage and assist through loans, investments or other business transactions in the location of business and industry in this State and to rehabilitate and assist existing business and industry; to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of this State; provide maximum opportunities for employment, encourage thrift, and improve the standard of living of the citizens of this State; similarly to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural and recreational developments in this State; and to provide financing for the promotion, development and conduct of all kinds of business activity in this State. (d) The names and post office addresses of the members of the first board of directors, who, unless otherwise provided by the articles of incorporation or the by-laws, shall hold office for the first year of existence of the corporation or until their successors are elected and have qualified. (e) Any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation and any provision creating, dividing, limiting and regulating the powers of the corporation, the directors, stockholders, or any class of the stockholders, including, but not limited to, a list of the officers, and provisions governing the issuance of stock certificates to replace lost or destroyed certificates, provided that no provision shall be contained for cumulative voting for directors. (f) The amount of authorized capital stock and the number of shares into which it is divided, the par value of each share and the amount of capital with which it shall do business and, if there is more than one class of stock, a description of the different classes, the names and post

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office addresses of the subscribers of stock and the number of shares subscribed by each. The aggregate of the subscription shall be the minimum amount of capital with which the corporation shall commence business, which shall not be less than $100,000.00. The articles of incorporation may also contain any provisions consistent with the laws of this State for the regulation of the affairs of the corporation. (g) The articles of incorporation shall be in writing, subscribed by not less than five (5) natural persons competent to contract and acknowledged by each of the subscribers before an officer authorized to take acknowledgments and filed in the office of the Secretary of State for approval. A duplicate copy so subscribed and acknowledged may also be filed. (h) The articles of incorporation shall recite that the corporation is organized under the provisions of this Act. Section 4. Disapproval of charter by Secretary of State; when. Superior Court judges shall not approve articles of incorporation for a corporation organized under this Act until a total of at least fifteen (15) national banks, state banks, savings banks, industrial savings banks, federal savings and loan associations, domestic building and loan associations, or insurance companies authorized to do business in this State, or any combination thereof, have agreed in writing to become members of said corporation; and said written agreement shall be filed with the clerk of the Superior Court with the articles of incorporation and the filing of same shall be a condition precedent to the approval of the articles of incorporation by the judge of the Superior Court. Whenever the articles of incorporation shall have been filed in the office of the clerk of the Superior Court and approved by the judge of the Superior Court, and all filing fees and taxes prescribed by law have been paid, the subscribers, their successors and assigns shall constitute a corporation. Said corporation shall not be authorized to commence business, until its articles are certified by the Secretary of State. After certification, stock thereof to the extent herein or hereafter duly authorized may be issued.

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Section 5. Powers. In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by the laws of this State, the corporation shall, subject to the restrictions and limitations herein contained, have the following powers: (a) To elect, appoint and employ officers, agents and employees; to make contracts and incur liabilities for any of the purposes of the corporation; provided, that the corporation shall not incur any secondary liability by way of guaranty or endorsement of the obligations of any person, firm, corporation, joint stock company, association or trust, or in any other manner. (b) To borrow money from its members, from any financial institution, from any agency established under the Small Business Investment Act of 1958 (Public Law 85-699) as amended, or other similar Federal or State legislation, for any of the purposes of the corporation; to issue therefor its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and to secure the same by mortgage, pledge, deed of trust or other lien on its property, franchises, rights, and privileges, of every kind and nature, or any part thereof or interest therein, without securing stockholder or member approval. (c) To make loans to any person, firm, corporation, partnership, joint stock company, association or trust, and to establish and regulate the terms and conditions with respect to any such loans and the charges for interest and services connected therewith; provided, however, that the corporation shall not approve any application for a loan unless and until the person applying for said loan shall show that he has applied for the loan through ordinary banking channels and that the loan has been refused by at least two (2) banks or other financial institutions that would be qualified by law to make such a loan, it not being the intention hereof to take from any banking organizations any such loans or commitments as may be desired by such organizations generally in the ordinary course of their business.

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(d) To purchase, receive, hold, lease, or otherwise acquire, and to sell, convey, transfer, lease, or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant thereto and the use thereof, including, but not restricted to any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations. (e) To acquire the good will, business rights, real and personal property and other assets, or any part thereof, or interest therein, of any persons, firms, corporations, joint stock companies, associations or trusts; and to assume, undertake, or pay the obligations, debts, and liabilities of any such person, firm, corporation, joint stock company, association or trust; to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments thereon or for the purposes of disposing of such real estate to others for the construction of industrial plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of industrial plants or business establishments. (f) To acquire, subscribe for, own, sell, hold, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in, or indebtedness of any person, firm, corporation, joint stock company, association or trust, and while the owner or holder thereof to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon. (g) To mortgage, pledge, or otherwise encumber any property, right or thing of value, acquired pursuant to the powers contained in subsections (d), (e), or (f) as security for the payment of any part of the purchase price therefor. (h) To cooperate with and avail itself of the facilities of the United States Department of Commerce, the Georgia Department of Industry and Trade, and any other similar State or Federal governmental agencies; and to cooperate

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with and assist, and otherwise encourage organizations in the various communities of this State in the promotion, assistance and development of the business prosperity and economic well-being of such communities or of this State or any political subdivision thereof. (i) To do all acts and things necessary or convenient to carry out the powers expressly granted in this Act. Section 6. Right to purchase or transfer of capital stock or obligations of the corporation. Notwithstanding any rule at common law or any provision of any general or special law or any provision in their respective charters, agreements of association, articles of organization or trust indentures: (a) Any person, including all domestic corporations organized for the purpose of carrying on business within this State, and further including without implied limitation public utility companies and insurance companies, and foreign corporations licensed to do business within this State, and all financial institutions as defined herein, and all trusts are hereby authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by, or the shares of capital stock of the corporation, and while owners of said stock to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the State except as otherwise provided in this Act. (b) All financial institutions are hereby authorized to become members of the corporation and to make loans to the corporation as provided herein. (c) Each financial institution which becomes a member of the corporation is hereby authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities or other evidences of indebtedness created by, or the shares of the capital stock of the corporation, and while owners of said stock to exercise

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all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the State of Georgia; provided, that the amount of the capital stock of the corporation which may be acquired by any member pursuant to the authority granted herein shall not exceed ten percent (10%) of the loan limit of such member. The amount of capital stock of the corporation which any member is authorized to acquire pursuant to the authority granted herein is in addition to the amount of capital stock in corporation which such member may otherwise be authorized to acquire. Section 7. Membership in corporation; acceptance; loans to corporation by members. Any financial institution may request membership in the corporation by making application to the board of directors on such form and in such manner as said board of directors may require; and membership shall become effective upon acceptance of such application by said board. Each member of the corporation shall make loans to the corporation as and when called upon by it to do so on such terms and other conditions as shall be approved from time to time by the board of directors, subject to the following conditions: (a) All loan limits shall be established at the thousand dollar amount nearest the amount computed in accordance with provisions of this Section. (b) No loan to the corporation shall be made if immediately thereafter the total amount of the obligations of the corporation would exceed fifty (50) times the amount then paid in on the outstanding capital stock of the corporation. (c) The total amount outstanding on loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital stock of the corporation then held by such member, shall not exceed:

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(1) Twenty percent (20%) of the total amount then outstanding on loans to the corporations by all members, including in said total amount outstanding amounts validly called for loan but not yet loaned. (2) The following limit, to be determined as of the time such member becomes a member on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding its application for membership; or in the case of an insurance company, its last annual statement to the State Insurance Commissioner; two percent (2%) of the capital and surplus of commercial banks and trust companies, or $750,000.00, whichever is the lesser amount; one-half of one percent (1/2%) of the total outstanding loans made by savings and loan associations, and building and loan associations, two and one-half percent (2-1/2%) of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; two and one-half percent (2-1/2%) of the unassigned surplus of mutual insurance companies, except fire insurance companies; one-tenth of one percent (1/10%) of the assets of fire insurance companies; and such limits as may be approved by the board of directors of the corporation for other financial institutions. (d) Subject to paragraph (1) of subsection (c) of this section, each call made by the corporation shall be prorated among the members of the corporation in substantially the same proportion that the adjusted loan limit of each member bears to the aggregate of the adjusted loan limits of all members. The adjusted loan limit of a member shall be the amount of such member's loan limit, reduced by the balance of outstanding loans made by such member to the corporation and the investment in capital stock of the corporation held by such member at the time of such call. (e) All loans to the corporation by members shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely transferable at all times, and which shall bear interest at a rate of interest determined by the board of directors to be the

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prime rate prevailing at the date of issuance thereof on unsecured commercial loans plus one-quarter (1/4) of one (1) percent. Section 8. Terms of membership; withdrawal. Membership in the corporation shall be for the duration of the corporation; provided that upon written notice given to the corporation two (2) years in advance, a member may withdraw from membership in the corporation at the expiration of such notice. A member shall not be obligated to make any loans to the corporation pursuant to calls made subsequent to notice of the intended withdrawal of said member. Section 9. Powers of stockholders and members; voting. The stockholders and the members of the corporation shall have the following powers of the corporation: (a) To determine the number of and elect directors as provided in section 11 hereof; (b) To make, amend, and repeal by-laws; (c) To amend its charter as provided in Section 10; (d) To dissolve the corporation as provided in section 17; (e) To do all things necessary or desirable to secure aid, assistance loans and other financing from any financial institutions, and from any agency established under the Small Business Investment Act of 1958 (Public Law 85-699), or any other similar Federal laws now or hereafter enacted; (f) To exercise such other of the powers of the corporation consistent with this Act as may be conferred on the stockholders and the members by the by-laws. As to all matters requiring action by the stockholders and the members of the corporation, said stockholders and said members shall vote separately thereon by classes, and

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except as otherwise herein provided, such matters shall require the affirmative vote of a majority of the votes to which the stockholders present or represented at the meeting shall be entitled, and the affirmative vote of a majority of the votes to which the members present or represented at the meeting shall be entitled. Each stockholder shall have one (1) vote, in person or by proxy, for each share of capital stock held by him, and each member shall have one (1) vote, in person or by proxy, except that any member having a loan limit of more than one thousand dollars ($1,000.00) shall have one (1) additional vote, in person or by proxy, for each additional one thousand dollars ($1,000.00) which such member is authorized to have outstanding on loans to the corporation at any one time as determined under paragraph (2) of the subsection (c) of Section 7. Section 10. Amendment of charter. The articles of incorporation may be amended by the votes of the stockholders and the members of the corporation, voting separately by classes, and such amendments shall require approval by the affirmative vote of two-thirds (2/3) of the votes to which the members shall be entitled; provided that no amendment of the articles of incorporation which is inconsistent with the general purposes expressed herein or which authorizes any additional class of capital stock to be issued, or which eliminates or curtails the right of the Superintendent of Banks to examine the corporation or the obligation of the corporation to make reports as provided in section 14 shall be made; and provided further that no amendment of the articles of incorporation which increases the obligation of a member to make loans to the corporation, or makes any change in the principal amount, interest rate, maturity date, or in the security or credit position of any outstanding loan of a member to the corporation, or affects a member's rights to withdraw from membership as provided herein, or affects a member's voting rights as provided herein, shall be made without the consent of each member affected by such amendment. Within thirty (30) days after any meeting at which an

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amendment of the articles of incorporation has been adopted, articles of amendment signed and sworn to by the president, treasurer, and a majority of the directors, setting forth such amendment and due adoption thereof, shall be submitted to the judge of the Superior Court who shall examine them, and if he finds that they conform to the requirements of this Act, shall so certify and endorse his approval thereon. Thereupon, the original and one certified copy of the amendment shall be filed with the Secretary of State, but no such amendment shall take effect until such articles of amendment shall have been filed with the clerk of the Superior Court. Section 11. Board of directors, officers and agents. The business affairs of the corporation shall be managed and controlled by a board of directors, a president, a vice-president, a secretary, a treasurer and such other officers and such agents as the corporation shall authorize by its by-laws. The board of directors shall consist of such number not less than fifteen (15) nor more than twenty-one (21) as shall be determined in the first instance by the incorporators and thereafter annually by the members and the stockholders of the corporation. The board of directors may exercise all the powers of the corporation except such as are conferred by law or by the by-laws of the corporation upon the stockholders or members and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which shall be filled as hereinafter provided. The board of directors shall be elected in the first instance by the incorporators and thereafter at the annual meeting, which annual meeting shall be held during the month of January or, if no annual meeting shall be held in the year of incorporation, then within ninety (90) days after the approval of the articles of incorporation at a special meeting as hereinafter provided. At such annual meeting, or at each special meeting held as provided in this section, the members of the corporation shall elect two-thirds (2/3) of the board of directors, and the stockholders shall elect the remaining directors. The directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the

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annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with provisions of the by-laws. Any vacancy in the office of a director elected by the members shall be filled by the directors elected by the members, and any vacancy in the office of a director elected by the stockholders shall be filled by the directors elected by the stockholders. Directors and officers shall not be responsible for losses unless the same shall have been occasioned by the willful misconduct of such directors and officers. Section 12. Earned surplus. Each year the corporation shall set apart as earned surplus not less than ten percent (10%) of its net earnings for all the preceding fiscal year until such surplus shall be equal in value to one-half (1/2) of the amount paid in on the capital stock then outstanding. Whenever the amount of surplus established herein shall become impaired, it shall be built up again to the required amount in the manner provided for its original accumulation. Net earnings and surplus shall be determined by the board of directors, after providing for such reserves as said directors deem desirable, and the determination of the directors made in good faith shall be conclusive on all persons. Section 13. Deposit of funds. The corporation shall not deposit any of its funds in any banking or other financial institution unless such institution has been designated as a depository by a vote of a majority of the director present at an authorized meeting of the board of directors, exclusive of any director who is an officer or director of the depository so designated. The corporation shall not receive money on deposit. Section 14. Examination of corporation; supervision; reports. The corporation shall be examined at least once annually by the Superintendent of Banks and shall make reports of its condition not less than annually to the Superintendent of Banks and more frequently upon call of said Superintendent of Banks, who in turn shall make copies of such reports available to the Governor; and the corporation

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shall also furnish such other information as may from time to time be required by the Superintendent of Banks and the Secretary of State. The corporation shall pay the actual cost of said examinations. The Superintendent of Banks shall exercise the same power and authority over corporations organized under this Act as is now exercised over banks and trust companies by the provisions of the Banking Law of the State of Georgia, where such banking law is not in conflict with this Act. Section 15. First meeting and organization. The first meeting of the corporation shall be called by a notice signed by three (3) or more of the incorporators, stating the time, place, and purpose of the meeting, a copy of which notice shall be mailed or delivered to each incorporator at least five (5) days before the day appointed for the meeting. Said first meeting may be held without such notice upon agreement in writing to that effect, signed by all the incorporators. There shall be recorded in the minutes of the meeting a copy of said notice or of such unanimous agreement of the incorporators. At such first meeting, the incorporators shall organize by the choice, by ballot, of a temporary clerk; by the adoption of by-laws; by the election by ballot of directors; and by action upon such other matters within the powers of the corporation as the incorporators may see fit. The temporary clerk shall be sworn and shall make and attest a record of the proceedings. Four (4) of the incorporators shall be a quorum for the transaction of business. Section 16. Duration of corporation. The period of duration of the corporation shall be thirty-five (35) years; subject, however, to the right of its stockholders and the members to dissolve the corporation prior to the expiration of said period as provided in Section 17 hereof. Section 17. Dissolution of corporation. The corporation may upon the affirmative vote of two-thirds (2/3) of the votes to which the stockholders shall be entitled and two-thirds (2/3) of the votes to which the members shall be

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entitled dissolve said corporation. Upon any dissolution of the corporation, none of the corporation's assets shall be distributed to the stockholders until all sums due the members of the corporation as creditors thereof have been paid in full. Section 18. State credit not pledged. Under no circumstances shall the credit of the State of Georgia be pledged to any corporation organized under this Act, nor shall any act of such corporation in any manner constitute or result in the creation of any indebtedness of the State of Georgia or any county or municipal corporation therein. Section 19. Tax exemptions. Any tax exemptions, tax credits, or tax privileges granted to banks, savings and loan associations, trust companies, and other financial institutions by any general laws of this State are granted to corporations organized pursuant to this Act. Section 20. State occupational license tax. Every corporation organized and engaged in business under the provisions of this Act shall pay an annual State occupational license tax of fifty dollars ($50.00). Counties and municipalities are authorized in addition to levy the occupational license taxes as prescribed; provided, however, no county or municipality shall levy any such occupational license tax in a greater amount than those prescribed. Section 21. Adoption of fiscal year. Corporations organized under this Act shall adopt the calendar year as their fiscal year. Section 22. Provisions of Act severable. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 23. 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 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. APARTMENT OWNERSHIP ACT AMENDEDAPARTMENT REDEFINED. No. 1263 (Senate Bill No. 512). An Act to amend an Act known as the Apartment Ownership Act, approved April 12, 1963 (Ga. L. 1963, p. 561), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 465), so as to change the provisions relative to the definition of the word apartment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Apartment Ownership Act, approved April 12, 1963 (Ga. L. 1963, p. 561), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 465), is hereby amended by striking subsection (a) of section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) `Apartment' means a part of the property intended for any type of independent use, including but not limited to residential and commercial uses, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, and with a direct exit to a public street or highway or to a common area leading to such street or highway. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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BOARD OF DENTAL EXAMINERSMEMBERS INCREASED. Code Chapter 84-7 Amended. No. 1264 (Senate Bill No. 558). An Act to amend Code Chapter 84-7, relating to dentists and dental hygienists, as amended, so as to increase the number of members of the Board of Dental Examiners; to change the provision relative to a quorum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-7, relating to dentists and dental hygienists, as amended, is hereby amended by striking from the first paragraph of Code section 84-702, relating to the Board of Dental Examiners, the word seven and inserting in lieu thereof the word nine so that when so amended the first paragraph of Code section 84-702 shall read as follows: A board to be known as the Board of Dental Examiners of Georgia is hereby created. Said board shall consist of nine members to be appointed and commissioned by the Governor as follows: The Georgia Dental Association shall, at each annual meeting, nominate four reputable practicing dentists for each expired or next expiring board member's term, and from each group of four dentists so nominated the Governor shall appoint one to said board to serve five years and until his successor is appointed. The terms of the members of the board shall be for a period of five years. In the case of a vacancy by death or resignation of a member or increase in the legal size of said board, each vacant place shall be filled by appointment of the Governor from a group of four dentists selected by the president of the Georgia Dental Association for each vacancy: Provided, however, that no one shall be eligible as a member of said board unless he shall be a citizen of the State of Georgia and shall have lawfully engaged in the practice of dentistry

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for five or more years at the time of his appointment and shall not be financially interested in, nor connected with, any dental college. Code 84-702 amended. Section 2. Said Code Chapter is further amended by striking from Code section 84-706, relating to quorum and adjournments, the word Three and inserting in lieu thereof the word Five so that when so amended Code section 84-706 shall read as follows: 84-706. Quorum of board; adjournments. Five members of the board shall constitute a quorum for the transaction of business at any meeting of the board, and should a quorum not be present on the day appointed for such meeting, those members present may adjourn the meeting from time to time until a quorum is present. Code 84-706 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. TRUST INSTITUTIONSAFFILIATES AUTHORIZED TO PARTICIPATE IN COMMON TRUST FUNDS, ETC. No. 1265 (Senate Bill No. 576). 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 define the term affiliate; to authorize affiliates of any trust institution to participate in the common trust fund of the trust institution; to provide for agreements between the trust institution and any such affiliate relating to such participation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the establishment,

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maintenance and administration of common trust funds by trust institutions, approved March 20, 1943 (Ga. L. 1943, p. 442), as amended, is hereby amended by adding a new subsection at the end of section 1, to be designated subsection (h), to read as follows: (h) The term `affiliate' means any other trust institution which is a member of an affiliated group (as defined in section 1504 of the Internal Revenue Code of 1954 of the United States) of which the trust institution maintaining such common trust fund is a member. Affiliate defined. Section 2. Said Act is further amended by adding a new section at the end thereof, to be designated section 18, to read as follows: Section 18. Any affiliate may participate in one or more common trust funds maintained by a trust institution by agreement with the trust institution and, subject to the limitations and restrictions in any statute or instrument under which such affiliate is acting as a fiduciary, may contribute funds or securities held by it in its fiduciary capacity to the common trust fund in which it participates by agreement with such trust institution. Such contributions may be made to the same extent, and as fully as if the common trust fund were maintained by such affiliate itself pursuant to the provisions of this Act. Powers. Section 3. Said Act is further amended by adding immediately following section 18 a new section, to be designated section 19, to read as follows: Section 19. The agreement between the trust institution maintaining any such common trust fund and the affiliate for participation by the affiliate may contain such provisions as the parties may agree upon, not inconsistent with the provisions of this Act, and may provide for the payment of reasonable compensation to such trust institution for administering such common trust fund. Agreement. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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GEORGIA EQUINE ACT AMENDEDCOMMISSIONER OF AGRICULTURE MAY REGULATE USE OF DRUGS, ETC. No. 1266 (Senate Bill No. 591). An Act to amend an Act known as the Georgia Equine Act, approved April 30, 1969 (Ga. L. 1969, p. 1021), so as to authorize the Commissioner of Agriculture to prohibit or regulate the use of drugs, tranquilizers, or medications which may conceal defects, falsely enhance the appearance of quality or otherwise result in misrepresentation in the sale of equines; 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 Equine Act, approved April 30, 1969 (Ga. L. 1969, p. 1021), is hereby amended by inserting following section 13 of said Act a new Section to be known as section 13A to read as follows: Section 13A. In addition to other authority granted him by this Act, the Commissioner may also enact and promulgate and enforce rules and regulations prohibiting or regulating the use of drugs, tranquilizers, or medications which he determines may conceal defects, falsely enhance the appearance of quality, or otherwise result in misrepresentation in the sale of equines. Such regulations may provide for tests to determine the presence of such drugs, tranquilizers, or medications in equines within a reasonable period prior to sale, and may provide for the cost of such tests to be paid by the buyer. Rules. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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PROVISION MADE THAT CERTAIN ACCIDENTS SHALL NOT VIOLATE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS. No. 1267 (Senate Bill No. 598). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that certain motor vehicle accidents shall not constitute a violation of certain provisions of said Act; to provide for 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. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding, following section 45, a new Section to be designated section 45A, to read as follows: Section 45A. Any other provision of this Act or any other law to the contrary notwithstanding, the driver of any vehicle involved in a traffic accident in which there is no personal injury or in which no second party or the property of no second party is involved shall not have the duty to stop or immediately report such accident, and no such driver shall be prosecuted for his failure to stop or to immediately report such accident. The provisions of this section shall not abrogate or affect a driver's duty to file the written report required by section 4 of the Motor Vehicle Safety Responsibility Act, approved February 21, 1951 (Ga. L. 1951, p. 568). Exemption. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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MUNICIPAL HOME RULE ACT OF 1965 AMENDED. No. 1268 (Senate Bill No. 603). An Act to amend an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended, so as to provide for the legislative intent of said Act and a certain other Act granting certain basic powers to incorporated municipalities; to provide for all 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. An Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended, is hereby amended by renumbering sections 6 and 7 as sections 7 and 8, respectively, and by inserting a new section 6 to read as follows: Section 6. Legislative Intent. It is hereby declared to be the intention of the General Assembly that the provisions of this Act and the provisions of an Act granting to incorporated municipalities of this State certain basic powers, approved February 27, 1962 (Ga. L. 1962, p. 140), as now or hereafter amended, are general laws within the meaning of Article I, Section IV, Paragraph I of the Constitution, and no local or special laws shall be enacted on subject matters over which municipalities are authorized to act pursuant to said Acts. Any provision of any municipal charter heretofore enacted covering subject matters over which municipalities are authorized to act pursuant to said Acts, shall be amended, modified, superseded or repealed only in accordance with subsection (b) of section 3 of this Act. Intent. 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. Approved April 3, 1972. HOMESTEAD EXEMPTIONSCERTAIN REQUIREMENTS AND PROCEDURES MADE FOR CERTAIN APPLICATIONS, ETC. No. 1276 (Senate Bill No. 624). An Act to provide certain requirements and procedures relative to applications for the homestead exemption provided for by an amendment to Paragraph IV of Section I of Article VII of the Constitution of Georgia, approved April 9, 1968 (Ga. L. 1968, p. 1690), as ratified at the general election November 4, 1968; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to an amendment to Paragraph IV of Section I of Article VII of the Constitution of Georgia, approved April 9, 1968 (Ga. L. 1968, p. 1690), as ratified at the general election November 4, 1968, providing for an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by a person as a residence if said person meets certain income requirements, the following requirements and procedures are hereby enacted to facilitate the administration of the provisions of said constitutional amendment. Section 2. The application for the homestead exception shall be in the form prescribed by the State Revenue Commissioner; provided, however, that the application shall require the applicant's Social Security number, and the form shall have an appropriate space designated for such Social Security number. Application.

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Section 3. The tax commissioner or tax receiver shall be authorized to have the statement of income of any claimant verified by the Department of Revenue upon sending the Social Security number of a claimant to said Department of Revenue. Verification. Section 4. The State Revenue Commissioner is hereby authorized to promulgate necessary rules and regulations for the administration of this Act. Rules. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. TAX COLLECTORS AUTHORIZED TO ACT AS EX OFFICIO SHERIFFS, ETC. Code Chapter 92-49 Amended. No. 1278 (Senate Bill No. 628). An Act to amend Code Chapter 92-49, relating to tax collectors, as amended, so as to authorize tax collectors or tax commissioners to act as ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county by levy and sale under tax executions; to provide for all procedures, requirements and other matters relative to the foregoing; to provide that this Act shall be supplemental to and cumulative of certain general Acts of local application and not in lieu thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-49, relating to tax collectors, as amended, is hereby amended by adding a new Code Section between Code sections 92-4901 and 92-4902 to be designated Code section 92-4901.1 and to read as follows:

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92-4901.1. Ex officio sheriffs for certain purposes. (a) Tax collectors or tax commissioners of any county of this State shall be authorized with the written consent of the sheriff of the county involved to be ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and said tax collectors or tax commissioners acting as ex officio sheriffs for said purpose shall not be allowed to turn over any tax executions to the sheriffs or to any other levying officials of the State, except when it may become necessary for the purpose of enforcing the same to send said executions to any other county or counties than that in which issued. Any such tax collector or tax commissioner, by virtue of his office, shall have full power and authority to levy all tax executions heretofore or hereafter issued by him as effectively as if done by the sheriffs of said counties. Code 92-4901.1 enacted. (b) Any such tax collector or tax commissioner shall have full power to bring property to sale for the purpose of collecting taxes due the State and county and shall have all the powers now vested in sheriffs for the advertisement of the same for sale, for the sale of the same, and for the making and delivery of all due and proper conveyances and bills of sale; and all such sales made by any such tax collector or tax commissioner shall be valid and shall carry the title to property thus sold as fully and completely as if made by the sheriff of the county. (c) All acts done and performed by such tax collectors or tax commissioners by virtue of this Code Section shall be done in conformity with the law now in force governing the performance of the same; and all advertisements of the property to be sold by such tax collectors or tax commissioners which are required by law to be published in a newspaper shall be made in the newspaper in which the sheriff's advertisements are published. (d) Such tax collectors or tax commissioners, in carrying out the provision of this Code Section, shall have power and authority to appoint one or more deputies who shall have all the powers of such tax collectors or tax commissioners while acting as ex officio sheriffs in the levy and

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collection of taxes. Said deputies shall be required to give bond as may be required by the tax collectors or tax commissioners under the law. Any such tax collector or tax commissioner shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. (e) It is hereby declared that this Code Section is supplemental to and cumulative of any general law of local application providing for tax collectors or tax commissioners to be ex officio sheriffs for the purposes herein provided, and not in lieu thereof, to the extent that any such general law of local application conflicts with the provisions of this Code Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. REVENUETAX DIGESTS MAY BE APPROVED ALTHOUGH CERTAIN APPEALS PENDING. No. 1282 (Senate Bill No. 641). An Act to amend an Act dealing with the approval of county digests by the State Revenue Commissioner when certain appeals and arbitrations are pending, approved March 30, 1971 (Ga. L. 1971, p. 301), so as to provide that in any year where complete reevaluation or reappraisal programs have been undertaken, that 5% of the property or number of properties may be in arbitration or on appeal and the digest may still be approved; 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 dealing with the approval of county digests by the State Revenue Commissioner when certain

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appeals and arbitrations are pending, approved March 30, 1971 (Ga. L. 1971, p. 301), is hereby amended by adding after the words for the same year at the end of section 1, the following: ; provided, further, that in any year where complete reevaluation or reappraisal programs are implemented, that 5% of the property or number of properties may be in arbitration or on appeal, so that when so amended, section 1 shall read as follows: Section 1. Notwithstanding any other laws to the contrary, the State Revenue Commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property, or number of properties, in the county. In such cases, the assessment or assessments fixed by the Board of Tax Assessors shall be listed together with the return value thereon and forwarded in a separate listing to the State Revenue Commissioner at the time the digest is filed for examination and approval; provided, however, that the Revenue Commissioner shall not approve any digest where the assessed value fixed by the Board of Tax Assessors for any property, or properties, on appeal or in arbitration exceeds 3% of the total assessed value of the total digest of such county for the same year; provided, further, that in any year where complete reevaluation or reappraisal programs are implemented, that 5% of the property or number of properties may be in arbitration or on appeal. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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GEORGIA HIGHWAY AUTHORITY ACT AMENDED. No. 1283 (Senate Bill No. 645). An Act to amend an Act (Ga. L. 1967, Vol. 1, p. 385), known as the Georgia Highway Authority Act which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved Febraury 8, 1955 (Ga. L. 1955, p. 124), as amended, and known as the Georgia Rural Roads Authority Act, into the Georgia State Highway Authority heretofore created by an Act approved March 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 626), as amended, and known as the Georgia State Highway Authority Act, so that the two public corporations become one public corporation, the Georgia State Highway Authority, which shall be renamed and hereafter known as the Georgia Highway Authority, the continuing and surviving public corporation, approved April 4, 1967 (Ga. L. 1967, Vol. 1, p. 385), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 385), so as to define the words and terms rural road, urban road, and urban county; to provide for reimbursement to counties or incorporated municipalities for real property or interest therein or any rights-of-way when such property is used as an urban road; to increase the authorized bonded indebtedness for rural road and State road projects; to repeal certain limitations on the amount of bonds authorized to be outstanding at any one time for urban road projects; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Highway Authority Act which is entitled an Act to merge the Georgia Rural Roads Authority heretofore created by an Act approved February 8, 1955 (Ga. L. 1955, p. 124), as amended, and known as the Georgia Rural Roads Authority Act, into the Georgia State Highway Authority heretofore created by an Act approved March 25, 1953 (Ga. L.

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1953, Jan.-Feb. Sess., p. 626), as amended, and known as the Georgia State Highway Authority Act, so that the two public corporations become one public corporation, the Georgia State Highway Authority, which shall be renamed and hereafter known as the Georgia Highway Authority, the continuing and surviving public corporation, approved April 4, 1967 (Ga. L. 1967, p. 385), as amended particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 385), is hereby amended by striking subsection (g) of section 3 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) Rural road. Any continuous stretch of public way, road, thoroughfare, street or right-of-way not located wholly within the boundaries of any incorporated municipality, and not now or as of the particular time of inquiry in the future a State road (as defined herein, except for the purposes of this subsection only, the definition of a State road shall not include secondary Federal-aid roads which are not on the State Highway System of State-aid road) or Urban Road (as herein defined) used to afford passage to persons and vehicles from one point to another within this State, including any bridge or bridges located thereon necessary to the convenient and unimpeded use of such road. The term shall include not only such roads as come within this definition at or after the approval of this Act, but also such roads as above defined which may from time to time be planned, laid out and constructed by the Authority pursuant to this Act. The fact that a road owned by the Authority and leased to the State may as provided by this Act be declared part of the State highway system shall not destroy its identity as a Rural Road for the purposes of this Act. The term shall also include a reasonable right-of-way on each side of such road, together with the necessary drainage system, culverts, cuts, fills, and other appurtenances necessary or useful in connection with such road. Rural road. Section 2. Said Act is further amended by adding between section 6 and section 7 of said Act a new section number 6A, to read as follows:

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Section 6A. Notwithstanding any provisions of this Act to the contrary, the Authority is authorized to reimburse counties or incorporated municipalities, as a part of the construction cost of a project, for any real property or interest therein or any rights-of-way conveyed to the Authority pursuant to the provisions of this Act, when such real property or interest therein or any rights-of-way are used as an urban road. Reimbursement. Section 3. Said Act is further amended by striking from section 14 of said Act the figure $384,000,000 and substituting in lieu thereof the figure $484,000,000, and by striking therefrom the figure $100,000,000 as it relates to rural road projects, and substituting in lieu thereof the figure $150,000,000, and is further amended by striking the figure $184,000,000 and substituting in lieu thereof the figure $234,000,000 and by striking the words subject to the limitations hereinafter provided,, so that when so amended said section 14 shall read as follows: Section 14. Bonds.The Authority shall have power and is hereby authorized, at one time or from time to time, to provide by resolution for the issuance of negotiable bonds in a sum not to exceed $484,000,000 in principal amount, outstanding at any one time for the purpose of paying all or any part of the cost of any one or a combination of projects: Provided, however, of such authorized amount not more than $150,000,000 may be bonds issued to finance rural road projects, not more than $234,000,000 may be bonds issued to finance State road projects and not more than $100,000,000 may be bonds issued to finance urban road projects. The bonds of each issue shall be dated, shall bear interest as provided for in Section 15, shall be payable in such manner of payment as to both principal and interest as may be determined by the Authority from the special funds provided in this Act for such payment, shall mature not later than 30 years from the date of issuance, 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. For the purpose of this section,

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bonds shall not be considered to be outstanding if there shall have been deposited into the sinking fund created for the payment of such bonds amounts sufficient to pay the same together with the interest thereon as the same mature. Bonds. Section 4. Said Act is further amended by striking in its entirety section 14A, relating to the amount of bonds authorized to be outstanding at any one time for urban road projects. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST ACT AMENDED. No. 1285 (Senate Bill No. 648). An Act to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest

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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, approved March 20, 1970 (Ga. L. 1970, p. 542), so as to provide that the equalized adjusted school property tax digest be established for the current calendar year; to repeal the provision of said Act requiring the computation of a three-year average of said digest for each county; to require that certain protests be made in writing; to provide that no single parcel included in such study shall have a sales price which exceeds 10% of the total sales price of all parcels included in such study; to clarify the method of appointing members of the Board of Arbitration; to provide for the treatment of personal property in computing the equalized adjusted school property tax digests; to repeal section 6 of said Act creating the State Board of Equalization; 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 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, approved March 20, 1970 (Ga. L. 1970, p. 542), as amended, is hereby amended by striking in the first paragraph of section 1 the words preceding calendar year and substituting in lieu thereof the words current calendar year so that when so amended said paragraph shall read as follows: 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 current 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

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adjusted school property tax digest shall be established and maintained as follows:. Current year. Section 2. Said Act is further amended by striking subsection (d) of section 1 in its entirety and by striking from subsection (e) of section 1 the following (b), (c) and (d) and inserting in lieu thereof the following (b) and (c). Section 3. Said Act is further amended by repealing subsection (f) of section 1 of said Act in its entirety and inserting a new subsection (f) to read as follows: (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 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 10% 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. The Auditor shall use the same ratio for other personal property excluding motor vehicles and bank stock within the county as is finally determined for real property within the county.

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Section 4. Said Act is further amended by striking the words by registered mail from section 4 of said Act. Section 5. Said Act is further amended by inserting in subsection (a) of section 5 between the words upon and request the word written so that subsection (a) of section 5 when so amended shall read as follows: (a) The governing authority of the several counties and of the several municipalities having independent school system, 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 written 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. Question of correctness. Section 6. Said Act is further amended by repealing in its entirety subsection (b) of section 5 and inserting in lieu thereof a new subsection (b) to read as follows: (b) If the parties questioning the correctness of said digest are dissatisfied with the determination made by the 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, in writing, to a board of arbitrators consisting of three members, one to be chosen by the Auditor, one to be chosen by the complaining party 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

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appoint said third member upon petition of either party 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. Arbitrators. Section 7. Said Act is further amended by striking section 6 in its entirety. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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REVENUEMOTOR CARRIERS CERTAIN TIME EXTENSIONS FOR ASSESSMENTS OR REFUNDS AUTHORIZED. No. 1287 (Senate Bill No. 660). An Act to amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, approved March 21, 1968 (Ga. L. 1968, p. 360), as amended, so as to authorize written agreements between the State Revenue Commissioner, or his delegates, and the taxpayer extending the period of time in which an assessment may be made or a claim for refund filed; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, approved March 21, 1968 (Ga. L. 1968, p. 360), as amended, is hereby amended by adding to the end of section 11 a new paragraph which shall read as follows: Where before the expiration of the time prescribed for the assessment of taxes imposed by this Act, both the State Revenue Commissioner, or his delegates, and the taxpayer agree in writing to the assessment after such time, such taxes may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements made in writing before the expiration of the period previously agreed upon. The State Revenue Commissioner, or his delegates, shall also be authorized in such agreement to extend similarly the period within which the taxpayer may file a claim for refund of such taxes. Agreement. 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. Approved April 3, 1972. REVENUEMOTOR FUEL TAX LAW CERTAIN TIME EXTENSIONS FOR ASSESSMENTS OR REFUNDS AUTHORIZED. Code 92-1417 Amended. No. 1288 (Senate Bill No. 661). An Act to amend Code section 92-1417, relating to default of motor fuel tax payments under the Motor Fule Tax Law (Code Chapter 92-14), so as to authorize written agreements between the State Revenue Commissioner, or his delegates, and the taxpayer extending the period of time in which an assessment may be made or a claim for refund filed; to provide for an effective date; to repeal conflicting laws; and for other purposes. Section 1. Code section 92-1417, relating to default of motor fuel tax payments under the Motor Fuel Tax Law (Code Chapter 92-14), is hereby amended by adding at the end of said Code section a new paragraph to be designated paragraph (c) which shall read as follows: (C) Where before the expiration of the time prescribed for the assessment of taxes imposed by this Chapter, both the State Revenue Commissioner, or his delegates, and the taxpayer agree in writing to the assessment after such time, such taxes may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements made in writing before the expiration of the period previously agreed upon. The State Revenue Commissioner, or his delegates, shall also be authorized in such agreement to extend similarly the period within which the taxpayer may file a claim for refund of such taxes. Code 92-1417 amended.

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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 April 3, 1972. ELECTIONSCERTAIN MUNICIPALITIES (20,000 OR LESS) LOCATED IN CERTAIN COUNTIES (400,000-600,000) NOT AUTHORIZED TO MAINTAIN REGISTRATION LIST. Code 34A-501 Amended. No. 1290 (Senate Bill No. 665). An Act to amend Code section 34A-501, relating to elector's qualifications, as amended, so as to exempt certain counties from certain voter registration list provisions; 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 34A-501, relating to elector's qualifications, as amended, is hereby amended by adding in the last paragraph, between the word municipalities and the word located, the following: of less than 20,000 population, according to the 1970 Decennial Census or any future federal census,, so that when so amended, the last paragraph of said Code section shall read as follows: Code 34A-501 amended. Providing, however, municipalities of less than 20,000 population, according to the 1970 Decennial Census or any future federal census, located within counties having populations

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of not less than 400,000 and not more than 600,000, according to the 1970 Decennial Census or any future federal census, shall not be authorized to maintain their own registration list, but shall use the registration list of the county, and the county shall be required to furnish this list. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GOVERNORAUTHORIZED TO LEND CERTAIN ART OBJECTS TO PUBLIC AND PRIVATE INSTITUTIONS. No. 1291 (Senate Bill No. 671). An Act to authorize the Governor to lend pictures, objects of art and other nonessential personal property to public and private institutions for display; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Governor is authorized to lend, to public and private institutions, pictures, objects of art and other nonessential personal property of the State for the purpose of display by such institutions under such proper safeguards relating to ownership and preservation as the Governor, in his judgment, shall designate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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CRIMINAL PROCEDUREPUBLIC WORKS CAMPS RENAMED COUNTY CORRECTIONAL INSTITUTIONS, ETC. No. 1296 (Senate Bill No. 688). An Act to provide that in all criminal sentences and records, the words county correctional institution shall be used in lieu of the words public works camp; to provide that every public works camp in this State shall be known as a county correctional institution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All criminal sentences and records and all State and county records shall use the words county correctional institution in lieu of the words public works camp, and sentences of the courts, and records incidental to sentences of the courts as to convicted criminals, shall refer to county correctional institution instead of public works camp and in all entries thereon. Section 2. Every public works camp in this State shall henceforth be known and denoted as a county correctional institution. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. SURPLUS STATE-OWNED PROPERTY ACT AMENDED. No. 1298 (House Bill No. 11). An Act to amend an Act providing the procedures under which surplus State-owned property shall be disposed of,

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approved April 8, 1968 (Ga. L. 1968, p. 1148), so as to authorize the Supervisor of Purchases to transfer surplus property to counties, municipalities and other political subdivisions by negotiated sale, under certain conditions; to provide for a definition; to provide certain limitations on the resale of such property by such counties, municipalities and other political subdivisions; to provide for certain lists of surplus property; to remove the provision relating to the transfer of title of surplus property to counties, municipalities and other political subdivisions by gift; 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. An Act providing the procedures under which surplus State-owned property shall be disposed of, approved April 8, 1968 (Ga. L. 1968, p. 1148), is hereby amended by adding a new section between sections 2 and 3 to be designated section 2A and to read as follows: Section 2A. (a) As used in this section, the words `political subdivision' shall mean any county or municipality of this State or any county or independent board of education of this State. (b) In addition to the authority provided in section 2 of this Act, the Supervisor of Purchases shall be further authorized to dispose of surplus property by the transfer of such property to any political subdivision through a negotiated sale, if the Supervisor of Purchases determines that such sale would be in the best interests of the State, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for such property. (c) When any surplus property is transferred to a political subdivision, pursuant to the provisions of subsection (b) of this section, such transfer shall be subject

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to the following conditions: (1) Such property shall not be resold by any such political subdivision within one year after such transfer without the written consent of the Supervisor of Purchases, and (2) the Supervisor of Purchases shall have the right, which shall be exercised at his discretion, to supervise the resale of such property at public outcry to the highest responsible bidder if such resale of such property is within one year after such transfer. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. The Supervisor of Purchases shall promulgate such rules and regulations as may be required to carry out the provisions of this Act and shall establish procedures whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured, pursuant to the provisions of section 2 of this Act. The Supervisor of Purchases shall also establish a procedure whereby all departments, institutions and agencies of the State which may have a need for such property shall receive a complete list of surplus property on a monthly basis along with instructions on how such property may be applied for and received. Rules. Section 3. Said Act is further amended by striking in its entirety the last sentence of section 5 which reads as follows: Provided, further, nothing herein contained shall prohibit the transfer of title to any surplus personalty of the State of Georgia to any county, municipality or other political subdivision of this State by gift, negotiated sale, or otherwise., so that when so amended, section 5 shall read as follows: Section 5. Nothing contained within this Act shall be construed so as to apply to any real property owned by the State, and this Act shall not apply to such property, nor shall this Act be construed so as to prohibit the Attorney

Page 841

General from distributing or selling the published reports of the opinions of the Attorney General. Exemptions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. CRIMESTHEFTBRINGING STOLEN PROPERTY INTO STATE DEFINED, ETC. Code Chapter 26-18 Amended. No. 1299 (House Bill No. 436). An Act to amend Chapter 26-18Theft, of the Criminal Code of Georgia so as to prohibit and penalize persons bringing stolen property into this State; to provide the venue of prosecutions for such offense; to prohibit and penalize persons receiving, disposing of or retaining property in this State known to have been stolen in another State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 26-18Theft, of the Criminal Code of Georgia is hereby amended by adding a section to said chapter, to be known and designated as section 26-1815 of the Criminal Code of Georgia, as follows: 26-1815Theft by bringing stolen property into this State.A person commits theft by bringing stolen property into this State when he brings into this State any property which he knows or should know has been stolen in another State. Code 26-2815 enacted. Section 2. Said chapter is hereby further amended by adding to said chapter a section to be known and designated as section 26-1816 of the Criminal Code of Georgia, as follows:

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26-1816Theft by receiving property stolen in another State.A person commits theft by receiving property stolen in another State when he receives, disposes of, or retains stolen property which he knows or should know was stolen in another State, unless the property is received, disposed of, or retained with intent to restore it to the owner. Code 26-1816 enacted. Section 3. Said chapter is further amended by striking from section 26-1811, Venue, the word and figures and 26-1809 and inserting in lieu thereof, the following: , 26-1809, 26-1815 and 26-1816 so that when so amended said section shall read as follows: 26-1811. Venue.In a prosecution under section 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1809, 26-1815 and 26-1816 of this Chapter the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. Code 26-1811 amended. Section 4. Said Chapter is further amended by striking from the first paragraph of section 26-1812Punishment, the word and figures and 26-1808 and inserting in lieu thereof, the following: , 26-1808, 26-1815 and 26-1816 so that when so amended, the first paragraph of section 26-1812 shall read as follows: 26-1812.Punishment.A person convicted of violation of sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1815 and 26-1816 shall be punished as for a misdemeanor except: Code 26-1812 amended. (a) If the property which was the subject of the theft exceeded $100 in value, or was an automobile or other motor vehicle, by imprisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misdemeanor;

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(b) If the property was taken by a fiduciary in breach of a fiduciary obligation, or by an officer or employee of a government or financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years. Section 5. This Act shall become effective immediately upon its approval by the Governor or upon its otherwise becoming law. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. DENTISTSFILING OF APPLICATIONS FOR LICENSES REGULATED, ETC. Code Chapter 84-7 Amended. No. 1300 (House Bill No. 496). An Act to amend an Act relating to the regulation of the practice of dentistry, entitled Dentistry Practice Regulated, approved August 17, 1920 (Ga. L. 1920, p. 132), and codified as Chapter 84-7 of the Code of Georgia of 1933, as amended, particularly by an Act approved February 9, 1937 (Ga. L. 1937, p. 627), and an Act approved February 25, 1949 (Ga. L. 1949, p. 1367), and an Act approved February 19, 1958 (Ga. L. 1958, p. 25), and an Act approved April 2, 1963 (Ga. L. 1963, p. 273), so as to regulate the filing of applications for dental licenses; to establish a minimum examination average for applicants taking the examination; to make the practicing of dentistry under a trade name or corporate name grounds for suspension or revocation of a license to practice dentistry in this State; to restrict the corporate name of an incorporating dentist or dentists; to provide for certain acts of gross inefficiency or gross negligence as grounds for suspension or revocation of a license to practice dentistry

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in this State, to redefine unprofessional dental conduct as a ground for suspension or revocation of a license to practice dentistry in this State; to provide for the regulation of dental hygienists, dental assistants and other persons through rules and regulations; 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 regulation of the practice of dentistry, entitled Dentistry Practice Regulated, approved August 17, 1920 (Ga. L. 1920, p. 132), and codified as Chapter 84-7 of the Code of Georgia of 1933, as amended, particularly by an Act approved February 9, 1937 (Ga. L. 1937, p. 627), and an Act approved February 25, 1949 (Ga. L. 1949, p. 1367), and an Act approved February 19, 1958 (Ga. L. 1958, p. 25), and an Act approved April 2, 1963 (Ga. L. 1963, p. 273), is hereby amended by striking in its entirety, Code section 84-709, relating to eligibility of applicants, as amended, and substituting in lieu thereof a new section 84-709 to read as follows: 84-709. Eligibility of applicants for licenses to practice dentistry; moral character; education; grade required.Applicants to practice dentistry who furnish satisfactory evidence of good moral character, of having been graduated from a school of dentistry, whose term and curriculum is equal to that of a majority of the schools of dentistry in the United States, and who shall have received a general average of at least 75 percent on the board examinations shall be granted licenses to practice dentistry. Code 84-709 amended. All applications to the Board of Dental Examiners of Georgia for a license shall be made through the Joint Secretary, State Examining Boards, who shall then submit all such applications to the Board of Dental Examiners for review and approval. These applications shall be received by the Joint Secretary not later than 45 days before the date set for the next session of the Board of Dental Examiners. Notwithstanding any other provision, no person shall be allowed to take the examination unless such applicant is a citizen of the United States.

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Section 2. Said Code Chapter 84-7, relating to dentists and dental hygienists, as amended, is hereby further amended by adding between Code section 84-702 and Code section 84-703, a new Code section to be numbered 84-702.1, to read as follows: 84-702.1. Rules and regulations affecting dental hygienists, dental assistants or other persons.In order to protect and promote the public health and welfare of the citizens of this State, the Board shall prescribe by rule or regulation those acts, services, procedures and practices which may be performed by dental hygienists, dental assistants or other persons at the direction of and under the direct supervision of a licensed dentist, and shall impose such requirements and restrictions on the performance thereof by such dental hygienists, dental assistants and other persons, as it shall deem necessary and proper. Code 84-702.1 enacted. Section 3. An Act regulating the practice of dentistry, approved August 17, 1920 (Ga. L. 1920, p. 132), as amended, particularly by an Act approved February 9, 1937 (Ga. L. 1937, p. 627), is hereby amended by striking in its entirety, subsection (1A) of section 13 of section A of said amendatory Act, and substituting in lieu thereof a new subsection (1A) to read as follows: Section (1A). Either directly or indirectly practicing dentistry under a trade name or corporate name. Provided, however, that this section shall not be construed to mean that dentists may not incorporate pursuant to any laws in this State which provide for such incorporation by dentists; and further provided that any dentist or dentists who incorporate pursuant to any laws in this State which provide for such incorporation by dentists, may only use the name or names of the incorporating dentist or dentists, and may not use a trade name or corporate name; and further provided that this Section shall not be construed as amending or modifying the present law relating to clinics as set out in section 84-722 of the Code of Georgia of 1933, as amended. Section 4. An Act regulating the practice of dentistry,

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approved August 17, 1920 (Ga. L. 1920, p. 132), as amended, particularly by an Act approved February 9, 1937 (Ga. L. 1937, p. 627), is hereby amended by striking in its entirety subsection (3) of section 13 of section A of said amendatory Act, and substituting in lieu thereof a new subsection (3) to read as follows: (3) Of gross inefficiency or gross negligence in the performance of those specified acts set out in section 84-701 of the Code of Georgia of 1933, as amended; or unprofessional dental conduct. `Unprofessional dental conduct' shall mean; Definitions. (a) gross indecency, or gross uncleanliness, or habitual intemperance or addiction to drugs to such an extent as to make him unsafe to render dental services; or (b) employing directly or indirectly any suspended or unlicensed dentist, dental hygienist, dental assistant or other person to perform dental operations; or (c) soliciting dental business directly or indirectly by himself or through an agent, by the use of cards, letters, circulars, publications, pictures, radio, displays or signs; Provided, however, that a licensed dentist may display his personal name, title, profession, name of specialty to which he limits his practice, address, telephone number and office hours, but nothing more, on a professional type card, on the doors and windows of his office, in any publication, upon a usual type professional sign in front of his office entrance or building entrance and on the office building directory; and, provided further that a licensed dentist may advise the public of the recent opening of his office, or a change of address of his office, or an absence from or return to his office or practice, either by mail, or in the special notice column or similar column of any publication. Section 5. The provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that the provisions of subsection (3) (c) of section 13 of section A as set out in section 3 of this Act, shall not become effective until June 15, 1972. Effective date.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. MEDICAL PRACTITIONERSINTERN OR INTERNSHIP FURTHER DEFINED. Code 84-907 Amended. No. 1301 (House Bill No. 548). An Act to amend Code section 84-907, relating to qualifications of applicants for a license to practice medicine, as amended, so as to provide that the terms intern, internship, or other similar terms shall include a clinical training program to be defined and approved by the Composite State Board of Medical Examiners in lieu of such internship; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-907, relating to qualifications of applicants for a license to practice medicine, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: Provided, however, that the words `intern', `internship', or other similar terms appearing in this Code Chapter shall be construed to include a clinical training program to be defined and approved by the Board in lieu of such internship. Code 84-907 amended. Section 2. All laws and and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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CRIMINAL PROCEDUREPERSONS MENTALLY INCOMPETENT AT TIME OF CRIMINAL ACT SHALL BE CONFINED IN STATE HOSPITAL, ETC. No. 1302 (House Bill No. 551). An Act to amend an Act providing that in all criminal trials in the courts of this State wherein a contention is made on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the judge shall require the jury to so specify in verdicts of acquittal based on such contention, approved February 15, 1952 (Ga. L. 1952, p. 205), so as to provide that whenever a criminal accused shall be acquitted because of mental irresponsibility or insanity at the time of the commission of the crime with which he was charged, he shall be confined in a State hospital for the mentally ill to be selected by the Department of Public Health for a period not to exceed one year; to provide that the trial judge shall retain jurisdiction of the person so confined; to provide that such person shall not be released from such hospital except upon compliance with the requirements of Chapter 88-5 of the Code of Georgia; to provide for an order of continued hospitalization in cases where continued hospitalization is necessary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that in all criminal trials in the courts of this State wherein a contention is made on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the judge shall require the jury to so specify in verdicts of acquittal based on such contention, approved February 15, 1952 (Ga. L. 1952, p. 205), is hereby amended by striking section 1 in its entirety and by inserting in lieu thereof a new section 1 which shall read as follows: Section 1. In all criminal trials in any of the courts of this State wherein an accused shall contend that he was insane or mentally incompetent under the law at the time

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of the act or acts charged against him were committed, the trial judge shall instruct the jury that, in case of acquittal on such contention, the jury shall specify in their verdict that the accused person was acquitted because of mental irresponsibility or insanity at the time of the commission of the act. If such a verdict of acquittal shall be returned by jury in any case, it shall thereupon become the duty of the trial judge to retain jurisdiction of the person and to order the person to be confined in a State hospital for the mentally ill, to be selected by the Department of Public Health, for a period not to exceed one year, and to provide in said order that such person shall not be released from said hospital except upon compliance with the terms and provisions of Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, as amended. Should continued hospitalization be necessary following the initial period of hospitalization ordered by the trial judge, the superintendent shall apply for an order of continued hospitalization under the provisions of Section 88-506.6 of the Georgia Code, relating to the procedure for continued hospitalization. Procedure. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GEORGIA PESTICIDE USE AND APPLICATION ACT. No. 1303 (House Bill No. 571). An Act relating to the application of fungicides, herbicides, defoliants, desiccants, plant growth regulators, nematocides, and any other pesticides by aircraft or ground equipment or manually in the State of Georgia; to provide a short title; to provide definitions; to provide for licenses; to provide for inspections; to provide for penalties, subpoenas and enforcement provisions; to provide for bonds; to provide for record keeping; to provide

Page 850

for the use and application of chemicals by any means; to provide for appeals; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and cited as the Georgia Pesticide Use and Application Act. Section 2. Enforcing Official. This Act shall be administered by the Commissioner of the Department of Agriculture, hereinafter referred to as the Commissioner. In the administration of this Act, the Commissioner shall appoint a Pesticide Advisory Board for the purpose of advising him on all matters relating to pesticides, their use and application. Section 3. Declaration of Purpose. The purpose of this Act is to regulate in the public interest, the use and application of insecticides, fungicides, herbicides, defoliants, desiccants, plant growth regulators, nematocides, rodenticides, and any other pesticides designated by the Commissioner by regulation. Section 4. Definitions. As used in this Act: (a) Pest means, but is not limited to, any insect, fungus, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the Commissioner may declare to be a pest. (b) Pesticide means, but is not limited to, (1) any substance or mixture of substances, including any living organism or any product derived therefrom, intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the Commissioner may declare

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to be a pest; (2) any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and (3) any other substances intended for such use as may be named by the Commissioner by regulation after calling a public hearing for such purpose. (c) Insecticide means any substance or mixture of substances intended to prevent, destroy, repel, attract, or mitigate any insects which may be present in any environment whatsoever. (d) Fungicide means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi. (e) Herbicide means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed. (f) Defoliant means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission. (g) Desiccant means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues. (h) Plant regulator means any substance or mixture of substances intended, through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of plants but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments. (i) Rodenticide means any substance or mixture of substances intended to prevent, destroy, repel, attract or mitigate rodents or any other vertebrate animal which the Commissioner may declare to be a pest. (j) Nematocide means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

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(k) Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example beetles, bugs, wasps, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example spiders, mites, ticks, centipedes, and wood lice. (l) Fungi means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals. (m) Weed means any plant or part thereof which grows where not wanted. (n) Nematode means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms. (o) Snails or slugs include all harmful mollucks. (p) Person means any individual, firm, partnership, association, corporation, company, joint stock association, or body politic, or any organized group of persons whether incorporated or not; and includes any trustee, receiver, assignee, or other similar representative thereof. (q) Equipment means any type of ground, water or aerial equipment, device, or contrivance using motorized, mechanical or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating or stored on or in such land, but shall not include any pressurized hand-sized household device used to apply any pesticide or any equipment, device or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application.

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(r) Restricted use pesticide means any pesticide, including any highly toxic pesticide, which the Commissioner has found and determined, subsequent to a hearing, to be injurious to persons, pollinating insects, bees, animals, crops, or lands, other than the pests it is intended to prevent, destroy, control or mitigate. (s) Engage in business means any application of pesticide by any person upon lands of another subject to the provisions of this Act whether or not said person is licensed under this Act. (t) Land means all land and water areas, including airspace, and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. (u) Pesticide applicator means any person who owns or manages a pesticide application business which is engaged in the business of applying pesticides upon the lands of another. (v) Pesticide operator means a pesticide applicator or any person employed by a pesticide applicator who operates or supervises the operation of equipment for the application of pesticides or applies pesticides manually, This term does not include employees who work only under the supervision of a licensed pesticide operator. (w) Public operator means any person in charge of any equipment used by state agencies, municipal corporations, or other governmental agencies applying pesticides. (x) Wildlife means all living things that are neither human, domesticated, nor, as defined in this Act, pests; including, but not limited to mammals, birds, and aquatic life. Section 5. Commissioner to Administer and Enforce Act and Adopt Regulations. (a) The Commissioner shall administer and enforce the

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provisions of this Act and shall have authority to issue regulations after a public hearing following due notice to all interested persons to carry out the provisions of this Act and in such regulations may prescribe methods to be used in the application of pesticides. Where the Commissioner finds that such regulations are necessary to carry out the purpose and intent of this Act such regulations may relate to the time, place, manner, and method of application of the pesticides, may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the Commissioner deems necessary to prevent damage or injury by drift or misapplication to: (1) Plants, including forage plants, or adjacent or nearby lands; (2) Wildlife in the adjoining or nearby areas; (3) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; (4) Pollinating insects, animals, or persons. In issuing such regulations, the Commissioner shall give consideration to pertinent research findings and recommendations of other agencies of this State or of the federal government. The Commissioner may, by regulation, require that notice of a proposed application of a pesticide be given to land owners in designated areas, if he finds that such notice is necessary to carry out the purpose of this Act. (b) The Commissioner may also by regulation, after a public hearing following due notice, adopt a list of restricted use pesticides for the State or for designated areas within the State if he finds that the characteristics of such pesticides require that regulations restricting their use by any person are necessary to prevent injury on lands other than the land to which they are applied or to persons, animals, crops, pests or vegetation other than the pests or vegetation which they are intended to destroy. The Commissioner may include in the regulation the time and conditions

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of use of such restricted use pesticides and may, if he deems it necessary to carry out the provisions of this Act, require a permit for each application of a restricted use pesticide. Any order issued under this Section shall be based only upon substantial evidence of the record in its entirety taken at the public hearing. Section 6. Classification of Licenses. The Commissioner may classify licenses to be issued under this Act. Such classifications may include, but not be limited to, pest control operators, ornamental or agricultural pesticide applicators, or right-of-way pesticide applicators. Separate classification may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides. Each classification shall be subject to separate requirements: Provided, that no person shall be required to pay an additional license fee if such person desires to be licensed in one or all of the license classifications provided for by the Commissioner under the authority of this Section. Section 7. License Requirements. No person shall engage in the business of applying pesticides to the lands of another within this State at any time pursuant to the requirements of this Act without a pesticide applicator's license issued by the Commissioner for each business location. In addition to an applicator's license each business location must maintain in employment at all times at least one licensed pesticide operator. The Commissioner shall require an annual fee of $15.00 for each pesticide applicator's license and $10.00 for each pesticide operator's license issued. (a) Application for Pesticide Applicator's and Operator's LicenseForm, Content. Application for a license shall be made in writing to the Commissioner on a designated form obtained from said Commissioner's office. Each application for a license shall contain information regarding the applicant's qualifications and proposed operations, license classifications or classifications the applicant is applying for, and shall include the following:

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(1) The full name of the person applying for the license; (2) If the applicant is an individual, receiver, trustee, firm, partnership, association, corporation, or other organized group of persons whether or not incorporated, the full name of each member of the firm or partnership, or the names of the officers of the association, corporation, or group; (3) The business address of the applicant in the State and elsewhere; (4) If applicable, the name and address of an attorney in fact pursuant to the requirements of the Department of Agriculture Registration, License and Permit Act; (5) The model, make, horsepower, and size of any equipment used by the applicant to apply pesticides; and (6) Any other necessary information prescribed by the Commissioner. (b) Issuance of Pesticide Applicator's License. If the Commissioner finds the applicant qualified to apply pesticides in the classifications he has applied for, and if the applicant files the bond or insurance required under Section 10 of this Act; and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency and all aeronautic requirements of this State for operation of the equipment described in the application, the Commissioner shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the Commissioner for cause. (c) Examination for Pesticide Operator's License. The Commissioner shall require an applicant for a license to show upon examination that he possesses adequate knowledge concerning the proper use and application of pesticides in the classifications he has applied for, manually or with

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the various equipment that he may have applied for a license to operate. The examination shall require a working knowledge of: (1) The proper use of the equipment; (2) The hazards that may be involved in applying the pesticides, including: (i) The effect of drift of the pesticides on adjacent and nearby lands and other nontarget organisms; (ii) The proper meterological conditions for the application of pesticides and the precautions to be taken therewith; (iii) The effect of the pesticides on plants or animals in the area, including the possibility of damage to plants or animals or the possibility of illegal pesticide residues resulting on them; (iv) The effect of the application of pesticides to wildlife in the area, including aquatic life; (v) The identity and classification of pesticides used and the effects of their application in particular circumstances; and (vi) The likelihood of contamination of water or injury to persons, plants, livestock, pollinating insects, and vegetation. (3) Calculating the concentration of pesticides to be used in particular circumstances; (4) Identification of common pests to be controlled and the damages caused by such pests; (5) Protective clothing and respiratory equipment required during the handling and application of pesticides; (6) General precautions to be followed in the disposal of containers as well as the cleaning and decontamination

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of the equipment which the applicant proposes to use; and (7) Applicable State and federal pesticide laws and regulations. Section 8. License Renewals Retesting. Applications for renewal of any license provided for in this Act shall be due on January 1 of each year. Any person holding a currently valid license may renew such license for the next year without taking another examination unless the Commissioner determines that new knowledge related to classifications for which the applicant has applied makes a new examination necessary. However, if the license is not renewed by March 1 of each year then such licensee shall again be required to take another examination. Section 9. Grounds for Denial, Suspension, Revocation of License. The Commissioner may suspend, pending inquiry, for not longer than ten days, and, after opportunity for a hearing, may deny, suspend, revoke, or modify the provisions of any license issued under this Act, if he finds that the applicant or licensee has committed any of the following acts, each of which is declared to be a violation of this Act: (a) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized; (b) Made a pesticide recommendation or application not in accordance with the label registered by EPA or a Georgia State registered use unless prior approval has been obtained from the Georgia Department of Agriculture; (c) Applied known ineffective or improper materials; (d) Operated faulty or unsafe equipment; (e) Operated in a faulty, careless, or negligent manner; (f) Refused, or, after notice, neglected to comply with the provisions of this Act, the rules adopted hereunder, or of any lawful order of the Commissioner;

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(g) Refused or neglected to keep and maintain the records required by this Act, or to make reports when and as required; (h) Made false or fraudulent records, invoices, or reports; (i) Engaged in the business of the application of a pesticide without a pesticide operator in direct supervision. A pesticide shall be considered to be applied under the direct supervision of a licensed pesticide operator if it is applied by a competent person acting under the instructions and control of a licensed pesticide operator who is available if and when needed, even though such licensed pesticide operator is not physically present at the time and place the pesticide is applied. (j) Operated unlicensed equipment; (k) Used fraud or misrepresentation in making an application for a license or renewal of a license; (l) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or permit; (m) Aided or abetted a licensed or an unlicensed person to evade the provisions of this Act, combined or conspired with such a licensed or an unlicensed person to evade the provisions of this Act, or allowed one's license to be used by an unlicensed person; (n) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land; or (o) Impersonated any State, county or city inspector or official. Section 10. Surety bond or Insurance Required of Pesticide Applicator Licensee. The Commissioner shall not issue a pesticide applicator's license until the applicant has

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furnished evidence of financial responsibility with the Commissioner consisting either of a surety bond or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant. (a) Amount of Bond or Insurance RequiredNotice of Reduction of Cancellation by Surety or Insurer. The amount of the surety bond or liability insurance as provided for in this Section shall not be less than $10,000.00 for property damage and public liability insurance, each separately, and including loss or damage arising out of the actual use of any pesticide. Such surety bond or liability insurance shall be maintained at not less than that sum at all times during the licensed period. The Commissioner shall be notified ten days prior to any reduction at the request of the applicant or cancellation of such surety bond or liability insurance by the surety or insurer: Provided, that the total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy: Provided, further, that the Commissioner may accept a liability insurance policy or surety bond, in the proper sum, which has a deductible clause in an amount not exceeding $1,000.00 for aerial applicators and $100.00 for all other applicators for the total amount of liability insurance or surety bond required herein: And provided further, that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner unless such applicant furnishes the Commissioner with a surety bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. (b) Cancellation of License when Bond or Insurance Reduced Below Minimum Requirements. Should the surety furnished become unsatisfactory, said applicant shall upon notice execute a new bond or insurance and shall he fail to do so, the Commissioner shall cancel his license and give him notice of said fact and it shall be unlawful thereafter for such person to engage in said business of applying

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pesticides until the bond or insurance is brought into compliance with the requirements of Section 10 (a) and his license is reinstated by the Commissioner. (c) Personal Liability for Damage. Nothing in this Act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Commissioner. Section 11. Reports of Loss. (a) The person claiming damages from pesticide application shall file with the Commissioner a written statement claiming that he has been damaged, on a form prescribed by the Commissioner, within sixty days after the date that damages occurred, but prior to the time that 25 per cent of a crop damaged shall have been harvested. Such statement shall contain, but shall not be limited to, the name of the person responsible for the application of said pesticide, the name of the owner or lessee of the land on which damage occurred and for which damages are claimed, and the date on which it is alleged that the damage occurred. The Commissioner shall prepare a form to be furnished to persons to be used in such cases and such form shall contain such other requirements as the Commissioner may deem proper. The Commissioner shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility, of the damages claimed, and furnish copies of such statements as may be requested. (b) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action. (c) The failure to file such a report shall not be a violation of this Act. However, if the person failing to file such report is the only one injured from such use or application of a pesticide by others, the Commissioner may, when in the public interest, refuse to hold a hearing for the denial,

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suspension, or revocation of a license or permit issued under this Act until such report is filed. (d) Where damage is alleged to have been done, the claimant shall permit the licensee and his representatives, such as bondsman or insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged lands shall automatically bar the claim against the licensee. Section 12. Licensees to Keep RecordsDurationSubmission to Commissioner. The Commissioner shall require licensees to maintain records with respect to applications of pesticides. Such relevant information as the Commissioner may deem necessary may be specified by regulation. Such records shall be kept for a period of five years from the date of the application of the pesticide to which such records refer, and the Commissioner shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee. Section 13. Inspection of Equipment. The Commissioner may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regulation. Section 14. Reciprocal Agreement. The Commissioner may issue a license on a reciprocal basis with other States without examination to a nonresident who is licensed in another State whose licensing provisions are substantially in accordance with the provisions of this Act: Provided, that financial security as provided for in section 12 of this Act is met. Section 15. Exemptions. (a) Farmer Exemption. The provision of this Act relating to licenses and requirements for their issuance shall not apply to any farmer-owner of

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ground equipment applying pesticides for himself or his farmer neighbors: Provided, that (1) He operates farm property and operates and maintains pesticide application equipment primarily for his own use; (2) He is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and that he shall not publicly hold himself out as a pesticide applicator; and (3) He operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his neighbors. (b) Public operators. (c) Structural pest control operators regulated under the Structural Pest Control Act, approved March 7, 1955 (Ga. L. 1955, p. 564), as amended. Section 16. Discarding and Storing of Pesticides and Pesticide Containers. No person shall discard or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, pollinating insects or to pollute any waterway in a way harmful to any wildlife therein. After consultation with the Director of the Environmental Protection Division of the Department of Natural Resources, the Commissioner may promulgate rules and regulations governing the discarding and storing of such pesticides or pesticide containers. Section 17. Legal Recourse. Any person aggrieved by any action of the Commissioner may obtain a review thereof by filing in the Superior Court within thirty days of notice of the action a written petition praying that the action of the Commissioner be set aside. A copy of such petition shall forthwith be delivered to the Commissioner, and within twenty days thereafter the Commissioner shall certify and file in the court a transcript of any record

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pertaining thereto, including a transcript of evidence received, whereupon the court shall have jurisdiction to affirm, set aside or modify the action of the Commissioner, except that the findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive. Section 18. Information. The Commissioner may, in cooperation with the colleges or universities publish information and conduct short courses of instruction in the safe use and application of pesticides. Section 19. Penalty. Any person violating the provisions of this Act or the regulations issued hereunder shall be guilty of a misdemeanor. Section 20. Subpoenas. The Commissioner may issue subpoenas to compel the attendance of witnesses and production of books, documents, and records anywhere in the State in any hearing affecting the authority or privilege granted by a license or permit issued under the provisions of this Act. Section 21. Enforcement. (a) For the purpose of carrying out the provisions of this Act, the Commissioner may enter upon any public or private premises at reasonable times, in order: (1) To have access for the purpose of inspecting any equipment subject to this Act and such premises on which such equipment is kept or stored; or (2) To inspect lands actually, or reported to be, exposed to pesticides; or (3) To inspect storage or disposal areas; or (4) To inspect or investigate complaints of injury to humans, or lands; or (5) To sample pesticides being applied or to be applied.

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Should the Commissioner be denied access to any land where such access was sought for the purposes set forth in this Act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application issue the search warrant for the purposes requested. (b) The Commissioner, with or without the aid and advice of the district attorney, is charged with the duty of enforcing the requirements of this Act and any rules or regulations issued hereunder. In the event a district attorney refuses to act on behalf of the Commissioner, the Attorney General shall so act. (c) The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Act or any rule made pursuant to this Act in the superior court of the county in which such violation occurs or is about to occur. Section 22. Delegation of Duties. The functions vested in the Commissioner by this Act may be delegated by him to such employees of the department or agents as the Commissioner may from time to time designate for such purposes. Section 23. Cooperation. The Commissioner may cooperate or enter into formal agreements with any other agency or educational institution of this State or its subdivisions or with any agency of any other State or of the federal government for the purpose of carrying out the provisions of this Act and of securing uniformity of regulation. Section 24. Exemption from Examination. Any person who has maintained a place of business and has been actively engaged in the application of pesticides as provided for in this Act for a minimum period of six months immediately prior to the effective date of this Act shall be exempt from the requirements of an examination; provided, he makes application for license within ninety days from the effective date of this Act.

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Section 25. This Act shall become effective on January 1, 1973. Effective date. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT AMENDED. No. 1304 (House Bill No. 607). An Act to amend an Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208) so as to clarify the provisions relating to the membership of the Georgia Peace Officer Standards and Training Council; 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 Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), is hereby amended by striking from the first paragraph of section 3 the word fourteen and inserting in lieu thereof the word thirteen, and by striking from the first paragraph the word two and inserting in lieu thereof the word three, and by adding in section 3 (a) after the words Georgia Municipal Association the words or his designee, and by adding in said Section 3 (a) after the words Association County Commissioners of Georgia the words or his designee, and by striking from section 3 (c) the words Law and, so that when so amended, section 3 shall read as follows: Section 3. The Georgia Peace Officer Standards and Training Council is hereby established. The Council shall consist of thirteen voting members and three advisory members and shall be composed as follows:

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(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 or his designee, the President of the Association County Commissioners of Georgia or his designee, 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. (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: 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 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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PUBLIC OFFICEMEMBERS OF RESERVE COMPONENTS OF ARMED FORCES ELIGIBLE TO HOLD PUBLIC OFFICE, ETC. Code 89-101 Amended. No. 1305 (House Bill No. 840). An Act to amend Code section 89-101, relating to persons ineligible to hold public office in this State, so as to exempt from ineligibility for office, persons who are members of the Reserve Components of the Armed Forces of the United States and persons serving upon Federal fact-finding and policy-making panels and receiving expenses and compensation for the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 89-101, relating to persons ineligible to hold public office in this State, is hereby amended by striking numbered subsection 4, relating to public officers holding other offices, and substituting a new subsection 4, which shall read as follows: 4. Holding other offices.Persons holding any office of profit or trust under the Government of the United States (other than that of postmaster and officers and enlisted men of the Reserve Components of the Armed Forces of the United States), or of either of the several States, or of any foreign State: Provided, however, that without prejudice to his right to hold public office, any person may accept appointment to, and may receive his expenses and compensation arising from, membership upon any commission, board, panel, or other fact-finding or policy-making agency appointed by the President of the United States or other Federal authority, where such appointment is of a temporary nature and the duties are not such as to interfere materially with the person's duties as a public officer. Acceptance of such an appointment and receipt of the emoluments therefrom shall not bar the right of any person to hold office in this State or to accede to a State office. Code 89-101 amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. CRIMESILLEGAL USE OF CREDIT CARDSPENALTY CHANGED. Code 26-1705.9 Amended. No. 1306 (House Bill No. 861). An Act to amend Code section 26-1705.9, relating to punishment and penalties for illegal use of credit cards, so as to change the punishment provisions of subsection (a); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-1705.9, relating to punishment and penalties for illegal use of credit cards, is hereby amended by striking in its entirety subsection (a) which reads as follows: 26-1705.9. Same; punishment and penalties. (a) A person who is subject to the punishment and penalties of this subsection shall be fined not more than $1,000 or imprisoned not more than one year, or both., and substituting in lieu thereof a new subsection (a) to read as follows: Code 26-1705.9 amended. (a) A crime punishable under this subsection is a felony, and a person who is subject to the punishment and penalties of this subsection shall be fined not more than $1,000 or imprisoned for not less than one year nor more than two years, or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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EDUCATIONUNLAWFUL TO TRANSPORT ANY STUDENT IF DETRIMENTAL TO HIS HEALTH. No. 1307 (House Bill No. 1113). An Act to amend an Act authorizing and empowering the State Board of Education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation, approved March 28, 1947 (Ga. L. 1947, p. 1461), so as to provide that it shall be unlawful to transport any student to or from any public school in this State if a physician, licensed to practice medicine in this State, shall have certified that the transportation of such student would be detrimental to the health of the student; to prohibit the use of public funds for the transportation of such students; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing and empowering the State Board of Education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation, approved March 28, 1947 (Ga. L. 1947, p. 1461), is hereby amended by adding, following section 1, a new section, to be designated section 1A, to read as follows: Section 1A. It shall be unlawful to transport any student to or from any public school in this State if a physician, licensed to practice medicine in this State, shall have certified to the superintendent of the county or independent school system, in writing, that the transportation of such student would be detrimental to the health of the student. It shall be unlawful to expend or use public funds for the transportation of students for whom a certificate has been filed by a physician. Any person, school superintendent, or member of a county or independent board of education violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Penalty.

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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 April 3, 1972. LICENSESPROFESSIONAL TAXESMUNICIPALITIES AND COUNTIES AUTHORIZED TO COLLECT FROM CERTAIN PROFESSIONS. No. 1308 (House Bill No. 1121). 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. Sess., p. 207), as amended, so as to include applied psychologists, landscape architects and land surveyors within the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to the 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. Sess., p. 207), as amended, is hereby amended by inserting in section 1, following the word optometry, the following: landscape architecture, land surveying,, so that when so amended, section 1 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

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tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, applied psychology, landscape architecture, land surveying, 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. INTERSTATE LIBRARY COMPACT ACT. No. 1309 (House Bill No. 1145). An Act to provide that the State of Georgia shall be a party to the Interstate Library Compact; to enact said compact into law; to provide the procedure connected with the foregoing; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Interstate Library Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: INTERSTATE LIBRARY COMPACT Article I. Policy and Purpose Because the desire for the services provided by libraries

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transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service. Article II. Definitions As used in this compact: (a) `Public library agency' means any unit or agency of local or state government operating or having power to operate a library. (b) `Private library agency' means any nongovernmental entity which operates or assumes a legal obligation to operate a library. (c) `Library agreement' means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services. Article III. Interstate Library Districts (a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned

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in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party. (b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies. (c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement: 1. Undertake, administer and participate in programs or arrangements for securing, lending or servicing of books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof. 2. Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, (conditional or otherwise), from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same. 3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district. 4. Employ professional, technical, clerical and other personnel,

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and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the in-service training of such personnel. 5. Sue and be used in any court of competent jurisdiction. 6. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service. 7. Construct, maintain and operate a library, including any appropriate branches thereof. 8. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers. Article IV. Interstate Library Districts, Governing Board (a) An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provisions therefor in the library agreement. But in no event shall a governing board meet less often than twice a year. (b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide. Article V. State Library Agency Cooperation Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements

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for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements. Article VI. Library Agreements (a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement: 1. Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable. 2. Provide for the allocation of costs and other financial responsibilities. 3. Specify the respective rights, duties, obligations and liabilities of the parties. 4. Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement. (b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state. (c) No library agreement shall become effective until

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filed with the compact administrator of each state involved, and approved in accordance with Article VII of this compact. Article VII. Approval of Library Agreements (a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days of its submission shall constitute approval thereof. (b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this Article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general. Article VIII. Other Laws Applicable Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any

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property held in trust by a library agency in a manner contrary to the terms of such trust. Article IX. Appropriations and Aid (a) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement. (b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies. Article X. Compact Administrator Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator. Article XI. Entry Into Force and Withdrawal (a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state. (b) This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party

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state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein. Article XII. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provisions of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Section 2. No municipality, county, or other political subdivision of this State shall be a party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c-7) of the compact, nor pledge its credit in support of such a library, or contribute to the capital financing thereof, except after compliance with any laws applicable to such municipalities, counties, or political subdivisions relating to or governing capital outlay and the pledging of credit. Limitations. Section 3. As used in the compact, state library agency, with reference to this State, means the Public Library Service Unit of the Georgia Department of Education. State library agency defined. Section 4. An interstate library district lying partly within this State may claim and be entitled to receive State

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aid in support of any of its functions to the same exent and in the same manner as such functions are eligible for support when carried on by entities wholly within this State. For the purposes of computing and apportioning State aid to an interstate library district, this State will consider that portion of the area which lies within this State as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly. Subject to any applicable laws of this State, such a district also may apply for and be entitled to receive any federal aid for which it may be eligible. District. Section 5. The State Superintendent of Schools shall appoint an officer of this State who shall be the compact administrator pursuant to Article X of the compact. The State Superintendent of Schools shall also appoint one or more deputy compact administrators pursuant to said Article. Compact administrator. Section 6. In the event of withdrawal of the compact the State Superintendent of Schools shall send and receive any notices required by Article XI(b) of the compact. Section 7. This Act shall become effective on July 1, 1972. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. DESCENT AND DISTRIBUTIONGRANDPARENTS MAY INHERIT FROM INTESTATE, ETC. Code 113-903 Amended. No. 1310 (House Bill No. 1150). An Act to amend Code section 113-903, relating to the rules of inheritance, as amended, so as to provide for inheriance

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by the grandfathers and grandmothers of the intestate; to change the order of inheritance of the property of an intestate; to provide for the determination and calculation of the more remote degrees of kinship; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-903, relating to the rules of inheritance, as amended, is hereby amended by striking subsections 8 and 9 in their entirety and inserting in lieu thereof new subsections, to be designated subsections 8, 9, 10 and 11, to read as follows: 8. The grandfathers and grandmothers of the intestate stand next in degree. Code 113-903 amended. 9. Uncles and aunts stand next in degree with the children of any deceased uncle or aunt inheriting in the place of their parent. 10. First cousins stand next in degree. 11. The more remote degrees of kinship shall be determined by counting the steps from the claimant to the closest common ancestor and from said ancestor to the intestate. The sum of the two chains shall be the degree of kinship. Section 2. This Act shall become effective on July 1, 1972, and shall apply to the estates of all persons who die intestate on or after July 1, 1972. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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INSURANCEUNINSURED MOTORISTSSERVICE BY PUBLICATION. Code 56-407A Amended. No. 1311 (House Bill No. 1151). An Act to amend Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended, so as to provide for service of summons by publication; to provide that a copy of any action filed and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy; to renumber and redesignate certain subsections of Code section 56-407A; 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 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended, is hereby amended by redesignating subsections (e) and (f) of Code section 56-407A as subsections (f) and (g) respectively; by redesignating subsection (g) as enacted by an Act amending Code section 56-407A, approved April 8, 1968 (Ga. L. 1968, p. 1089), which reads as follows: (g) Before a motor vehicle shall be deemed to be uninsured because of the insolvency of an insurance company under subsection (b) (ii), an insurer under the uninsured motorists endorsement provisions of this Code section must be given notice within a reasonable time by its insured of the pendency of any legal proceeding against such insurance company of which he may have knowledge and before such insured enters into any negotiation or arrangement with such insurance company and before such insurer is prejudiced by any action or nonaction of the insured with respect to the determinations of the insolvency of such insurance company., Code 56-407A amended.

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as subsection (h); by redesignating subsection (g) as enacted by an Act amending Code section 56-407A, approved April 12, 1968 (Ga. L. 1968, p. 1415), which reads as follows: (g) The endorsement or provisions of such policy providing the coverage required by this Code section may contain provisions which exclude any liability of the insurer for injury or destruction of property of the insured for which he has been compensated by other property or physical damage insurance., as subsection (i); and by inserting a new subsection, to be designated subsection (e), to read as follows: (e) In cases where the owner or operator of any vehicle causing injury or damage be known and either or both be named as defendants in any action for such injury or damages, but such person resides out of the State, or has departed from the State, or cannot after due diligence be found within the State, or conceals himself to avoid the services of summons, and this fact shall appear by affidavit to the satisfaction of the judge of the court, and it shall appear either by affidavit or by a verified complaint on file that a claim exists against the owner or driver in respect to whom service is to be made, and that he is a necessary or proper party to the action, such judge may grant an order that the service be made on the owner or driver by the publication of summons. A copy of any action filed and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though such insurance company were actually named as a party defendant. The provisions of subsection (d) of this section shall govern the rights of the insurance company, the duties of the clerk of court concerning duplicate original copies of the pleadings, and the return of service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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CONVEYANCE OF PORTRAIT OF JUSTICE E. A. NISBET TO MRS. THOMAS H. ROBERTSON AUTHORIZED. No. 119 (Senate Resolution No. 223). A Resolution. Authorizing and directing the Secretary of State to convey a portrait of Justice E. A. Nisbet to Mrs. Thomas H. Robertson; and for other purposes. Whereas, Justice E. A. Nisbet was a distinguished member of the Supreme Court of Georgia from December 24, 1847, until November 17, 1853; and Whereas, on October 2, 1942, Mrs. Thornton Marye donated a portrait of Justice Nisbet to the State of Georgia; and Whereas, because of the limited space available, there is no appropriate place in the State Capitol to display said portrait and it is now stored; and Whereas, Mrs. Thomas H. Robertson of Macon, Georgia, is the great granddaughter of Justice Nisbet; and Whereas, since said portrait is not properly displayed, it is the moral obligation of the State to convey said portrait to Mrs. Thomas H. Robertson. Now, therefore, be it resolved by the General Assembly of Georgia that the Secretary of State, acting for and on behalf of the State of Georgia, is hereby authorized and directed to convey the portrait of Justice E. A. Nisbet hereinabove described to Mrs. Thomas H. Robertson for and in consideration of the moral obligation of the State. Approved April 3, 1972.

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CONVEYANCE OF LICENSE TO BRUNSWICK PORT AUTHORITY TO USE EAST RIVER BOTTOM AUTHORIZED. No. 120 (Senate Resolution No. 290). A Resolution. Authorizing the State Properties Control Commission to grant to the Brunswick Port Authority a license to use, solely for the purposes herein set forth, for a term not greater than twenty-five years, the hereinafter described portion of the East River bottom in Glynn County, Georgia, upon payment into the State Treasury of a sum not less than $250.00; and for other purposes. Whereas, by Executive Order, dated January 20, 1971, the Governor of Georgia determined that in accordance with a Resolution adopted by the Mineral Leasing Commission at its meeting held on June 4, 1971, certain East River bottom lands situate, lying and being in Brunswick, Glynn County, Georgia, was surplus and the Governor further by said Executive Order did transfer control thereof to the State Properties Control Commission, said property being more particularly hereinafter described; and Whereas, the State Properties Control Commission, acting by virtue of the power and authority vested in the Commission by the State Properties Control Code, as amended, within the limitations provided for therein, did, on January 21, 1972, approve a rental agreement for a term of one year with the Brunswick Port Authority covering said real property; and Whereas, said rental agreement will expire at twelve o'clock midnight on the 20th day of January, 1973; and Whereas, the purpose of said rental agreement was to enable the Brunswick Port Authority to construct, operate and maintain four dolphins and a dock facility at points on said portion of the East River hereinafter

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described for use in anchoring, loading and unloading barges; and Whereas, except as provided by law, only the General Assembly of Georgia can authorize granting the privilege to the Brunswick Port Authority of using the said real property on a long term basis and it is made to appear that the granting of the same by the General Assembly of Georgia would be in the public interest as well as being important to the operations of the Brunswick Port Authority; Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized to license the said real property, which is more particularly described as follows: All that tract or parcel of land lying and being in the East River, Glynn County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, begin at the intersection formed by the centerline of Union Street and the centerline of Fifth Street and run Westerly along the centerline of Fifth Street a distance of 1,356 feet to a point; running thence Southerly along a line of bearing forming an interior angle of 90 degrees with the aforementioned line a distance of 408 feet to a point at the South end of the existing Brunswick Port Authority Dock (Lanier Dock) to a point, which is the POINT OF BEGINNING: FROM THE POINT OF BEGINNING thus established, running thence Southerly along the same line of bearing as the aforementioned line a distance of 270 feet to a point; running thence Westerly along a line of bearing forming an interior angle of 90 degrees with the aforementioned line a distance of 30 feet to a point; running thence Northerly along a line of bearing forming an interior angle of 90 degrees with the aforementioned line along a line of bearing forming an interior angle of 90 a distance of 270 feet to a point; running thence Easterly

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degrees with the aforementioned line a distance of 30 feet to a point, which is the Point of Beginning., to the Brunswick Port Authority for the uses and purposes herein set forth, and subject to the following terms and conditions: 1. any grant of license hereunder shall be embodied in a written agreement and shall be for a term no greater than twenty-five years from the date of execution of the license agreement between the State Properties Control Commission and the Brunswick Port Authority, and no estate shall pass out of the State of Georgia by virtue of such grant of license; and 2. any grant of license hereunder shall be made for an adequate consideration payable to the State of Georgia at the time of the granting of the license but in no case shall the consideration be less than $250.00; and 3. said real property shall be used solely for the purposes above described; and 4. the license agreement shall provide that any privileges conferred under a grant made under authority thereof shall be exercised so as not to interfere with the full and free use by the public of the waters of the East River for navigation, sport, fishing, recreation or pleasure; and 5. the license agreement shall provide that if any authorized agency, department, instrumentality or public corporation of the United States of America or the State of Georgia, or any county or municipal government of the State of Georgia shall hereafter determine that it is necessary or desirable to dredge the river bottom of the East River so as to improve the navigation capabilities of the said river, or for other purposes, the licensee, upon notice by the agency, department, instrumentality, public corporation, county or municipal government, will, at its own expense, remove, relocate or restructure its dolphins and facilities so as not to hinder, delay, hamper or prevent such dredging. Provided, however, that such provisions of the license agreement shall not limit any

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independent rights of the licensee for reimbursement which the licensee may have against parties other than agencies, departments, instrumentalities or public corporations of the State of Georgia, or any county or municipal government of the State of Georgia, to be reimbursed for the expense incurred in any such removal, relocation or reconstruction. The State Properties Control Commission may insert such other and further conditions in the license agreement as it shall consider to be necessary and proper in the public interest. Approved April 3, 1972. THE BATTLEFIELD PARKWAY DESIGNATED. No. 1211 (House Resolution No. 518-1151). A Resolution. Designating a certain portion of Georgia Highway 2 as The Battlefield Parkway; and for other purposes. Whereas, that portion of the new Georgia Highway 2 between Interstate 75 and the Town of Fort Oglethorpe, Georgia, traverses an area which is rich in historical significance; and Whereas, the Chickamauga and Chattanooga National Military Park provides the citizens of our State and Nation with a better understanding of the history of our State and Nation; and Whereas, this area of our State is one which visitors to Georgia have found to be of great interest; and Whereas, it is highly desirable and appropriate that visitors to the State of Georgia be able to locate this important historical area as easily as possible while traveling along Interstate 75.

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Now, therefore, be it resolved by the General Assembly of Georgia that that portion of Georgia Highway 2 between Interstate 75 and the Town of Fort Oglethorpe, Georgia, is hereby designated as The Battlefield Parkway. The State Highway Department is hereby authorized and directed to so designate such highway on its maps and other official documents and to obtain, furnish, erect and maintain appropriate markers on Interstate 75 and at such other locations along said Highway as the State Highway Department shall determine. The costs of obtaining, furnishing, erecting and maintaining such markers shall be paid from funds appropriated to or otherwise available to the State Highway Department. 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 the State Highway Department. Approved April 3, 1972. IVY MELVIN HENDRIX, JR., BRIDGE DESIGNATED. No. 122 (House Resolution No. 552-1264). A Resolution. Authorizing and directing the State Highway Department to designate a bridge in Long County as the Ivy Melvin Hendrix, Jr., Bridge; and for other purposes. Whereas, Ivy Melvin Hendrix, Jr., departed this life on December 11, 1970, after having served the State Highway Department and his State for 27 years, and having been Highway Project Engineer at the time of his death; and Whereas, Ivy Melvin Hendrix, Jr., was a dedicated employee of the State Highway Department and a loyal citizen; and

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Whereas, the Board of Commissioners of Long County and the Long County Jaycees have unanimously adopted resolutions urging that the bridge now known as Doctor's Creek Bridge located on U. S. Highway 82, approximately 2 miles east of Ludowici, Georgia, be designated the Ivy Melvin Hendrix, Jr., Bridge in honor and memory of this outstanding Georgian. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to designate the bridge now known as Doctor's Creek Bridge located on U. S. Highway 82, approximately 2 miles east of Ludowici, Georgia, as the Ivy Melvin Hendrix, Jr., Bridge and inscribing an appropriate plaque on said bridge for said purpose. 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 Honable Bert Lance, Director, State Highway Department of Georgia. Approved April 3, 1972. CERTAIN MAPS IDENTIFIED AS THOSE REFERRED TO IN LEASE OF WESTERN AND ATLANTIC RAILROAD. No. 123 (House Resolution No. 630-1476). A Resolution. Approving certain maps supplementary to those original maps filed in the office of the State Properties Control Commission in Atlanta, Georgia, which original maps were duly endorsed by the Secretary of that Commission, for identification purposes, as being the maps referred to in that certain lease of the Western and Atlantic Railroad by the State of Georgia to the Louisville and Nashville Railroad Company dated March 4, 1968; designating

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the approved supplementary maps as a part of the official maps of the property leased to the Louisville and Nashville Railroad Company under that lease dated March 4, 1968; directing the Secretary of the State Properties Control Commission to intersperse the approved supplementary maps among the original maps referred to in that lease of the Western and Atlantic Railroad dated March 4, 1968; and for other purposes. Whereas, by a certain lease dated March 4, 1968 [which lease was accepted by a Resolution of the General Assembly of Georgia, approved March 4, 1968 (Ga. L. 1968, p. 54)] the State of Georgia leased to the Louisville and Nashville Railroad Company the State-owned property known as the Western and Atlantic Railroad (a railroad running from the City of Atlanta, in the State of Georgia, to the City of Chattanooga, in the State of Tennessee), as more fully shown outlined in red and green on certain original maps filed in the office of the State Properties Control Commission in Atlanta, Georgia, which original maps were duly endorsed by the Secretary of that Commission, for identification purposes, as being the maps referred to in that lease of the Western and Atlantic Railroad dated March 4, 1968; and Whereas, certain parcels of land were intended to be shown in red on the original maps at the time they were prepared but were inadvertently omitted and the parties to that certain lease of the Western and Atlantic Railroad dated March 4, 1968, desire official recognition that the omitted parcels were, in fact, leased to the Louisville and Nashville Railroad Company under the terms and conditions thereof; and Whereas, supplementary maps have been prepared showing in orange thereon those certain parcels of land which were inadvertently omitted from the original maps, which supplementary maps are on file in the office of the State Properties Control Commission in Atlanta, Georgia, and have been endorsed, for identification purposes, by the Secretary of that Commission and by a duly authorized

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representative of the Louisville and Nashville Railroad Company. Now, therefore, be it resolved by the General Assembly of Georgia that the supplementary maps so prepared and endorsed are hereby approved and designated as a part of the official maps of the property leased to the Louisville and Nashville Railroad Company under that lease of the Western and Atlantic Railroad dated March 4, 1968. Be it further resolved that the Secretary of the State Properties Control Commission is hereby directed to intersperse the approved supplementary maps among the original maps referred to in that lease of the Western and Atlantic Railroad dated March 4, 1968. Be it further resolved that this Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Be it further resolved that all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 3, 1972. LEASE OF LAND TO PELHAM DEVELOPMENT CORPORATION AUTHORIZED. No. 124 (House Resolution No. 681-1585). A Resolution. Authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; and for other purposes. Whereas, the building and shed located on the State Farmers Market at Pelham, Mitchell County, Georgia, known as the most northern shed in said market site is

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currently leased to the Pelham Development Corporation under a lease agreement entered into on the 8th day of February, 1963; and Whereas, said lease expires on February 7, 1973; and Whereas, said tract of land is more particularly described as follows: All that tract and parcel of land lying and being in land lots Nos. 267 and 268, 10th Land District, Mitchell County, Georgia, and more particularly described as follows: Beginning at a point on the Easterly side of the right-of-way of Georgia State Highway No. 3 which said point is located 122 feet North 1 30[UNK] East of the point where the Easterly side of the right-of-way of Georgia State Highway No. 3 intersects the original land lot line dividing Land Lots 267 and 268; thence from said beginning point proceeding North 88 30[UNK] East a distance of 733.5 feet to a point; thence proceeding South 10 30[UNK] West a distance of 205 feet to a point; thence proceeding South 88 30[UNK] West a distance of 733.5 feet to a point on the Easterly side of the right-of-way of Georgia State Highway No. 3; thence proceeding North 1 30[UNK] East along the Easterly side of the right-of-way on Georgia State Highway No. 3, East a distance of 205 feet to point of beginning. Said property is shown and delineated on a plat prepared by N. R. Singletary, Commissioned Land Surveyor, Thomas County, Georgia, a copy of which is hereto attached as `Exhibit A' and reference to that plat is made for a more particular description.; and Whereas, the Pelham Development Corporation can use such property to the great benefit of the public. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State Properties Control Commission, is hereby

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authorized to lease said tract of land for an additional period of five years to commence on February 7, 1973, to the Pelham Development Corporation, the consideration for said lease to be as agreed upon by the commission and the Pelham Development Corporation, subject to the following conditions: (1) That the consideration for said lease agreement shall not be less than the highest of two fair and accurate appraisals of the value of a lease of said tract or parcel of land, which appraisals shall be obtained by the State Properties Control Commission. (2) That the term of any lease agreement executed pursuant to the authority of this Resolution shall not exceed February 7, 1978. Approved April 3, 1972. GEORGIA SAFETY FIRE COMMISSIONER ACT AMENDEDAPPEALS NOT TO BE DE NOVO, ETC. No. 1312 (House Bill No. 1154). An Act to amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved February 19, 1959 (Ga. L. 1959, p. 50) so as to delete the provision that appeals from the Safety Fire Commissioner shall be de novo; to give the Georgia Safety Fire Commissioner power and authority to enforce the provisions of this Act by civil monetary penalties and injunctions and to obtain an order of Court directing evacuation and closure of a structure under certain conditions; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Georgia Safety

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Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved February 19, 1959 (Ga. L. 1959, p. 50) is hereby amended by striking section 29 in its entirety and substituting in lieu thereof a new section 29 to read as follows: Section 29. Should any person, firm, corporation or public entity be dissatisfied with the ruling of the State Fire Marshal, the right is hereby granted to appeal within 10 days to the Commissioner; if dissatisfied with the decision of the Commissioner, appeal is hereby authorized to the superior court within 30 days in the manner as provided under the Administrative Procedure Act. In the event of such appeal, the said person, firm, corporation or public entity shall give a surety bond which will be conditioned upon compliance of the provisions of the order and direction of the State Fire Marshal or the Commissioner, or both, The amount of bond shall be fixed by the commissioner in such amount as will reasonably cover the order issued by the Commissioner or the State Fire Marshal, or both. Appeals. Section 2. Said Act is further amended by renumbering sections 32, 33, 34 and 35 as sections 34, 35, 36 and 37, respectively, and by adding two new sections immediately following section 31 to be designated Sections 32 and 33 and to read as follows: Section 32.(a) Any person who violates any provision of this Act, or any rule, regulation or order issued by the Commissioner under this Act, shall be subject to a civil penalty not to exceed One Hundred ($100.00) Dollars for each day that such violation persists, except that the maximum civil penalty shall not exceed Twenty Thousand ($20,000) Dollars for any related series of violations. Penalty. (b) Any such civil penalty may be imposed by the Commissioner only after notice and hearing. In determining the amount of such penalty, the size of the business or other entity, public or private, 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

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by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this State. Notice. Section 33. In addition to the civil monetary penalty provided for in section 32 of this Act, the Commissioner may bring a civil action to enjoin a violation of any provision of this Act, or any rule, regulation or order issued by the Commissioner under this Act. In particular, but not by way of limitation upon the authority heretofore granted, the Commissioner may bring action to enjoin any construction found to be in contravention of section 8 or section 9 of this Act, or to obtain an order of court directing the immediate evacuation and secure closure of any structure which, by reason of violation of any provision of this Act, or any rule, regulation or order issued by the Commissioner under this Act, is found to pose an immediate threat to the property, health, or lives of the occupants of such structure. In order to avail himself of the remedies provided for herein, it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law. Injunction. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. TEACHERS' RETIREMENT SYSTEMTERMINATION OF MEMBERSHIP PROVISION CHANGED, ETC. No. 1313 (House Bill No. 1182). 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 change the provisions relative to termination of membership; to provide that when a retired member dies before receiving benefits equal to his employee contributions, an amount equal to the difference between benefits received and contributions shall be paid to a person designated by him or to his estate; to change the provisions relative to reexamination of beneficiaries

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retired on disability; to change the provisions relative to restoration of beneficiaries to membership; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking in its entirety the first paragraph of subsection (4) of section 3 and substituting in lieu thereof a new paragraph to read as follows: The membership of any member shall terminate if he dies, retires under this retirement system or withdraws his contributions, or if in a period of three consecutive years after becoming a member, he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than two years but not more than three years, such member may be reinstated to membership if he shall pay a sum equal to 12 percent of his salary for his last year of service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than three years but not more than four years, such member may be reinstated to membership if he shall pay a sum equal to 25 percent of his salary for his last year of service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions not more than twice after January 1, 1961, may, after five years active service as a contributing member, reestablish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus three and one-half percent interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the board of trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime

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service of the United States approved by the board of trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. The membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of a child or children by said teacher. All members whose membership prior hereto has terminated due to such cause are hereby declared to be reinstated and entitled to all the prior service credits and other rights as though this law were in effect at the date of such withdrawal from service. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution shall be made to his system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. A leave of absence shall be limited to not more than three years for each child adopted. Anything in this Chapter to the contrary notwithstanding, the provisions of this paragraph with reference to break in service, reinstatement of membership and payment of funds into the retirement system, shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953 and each such retirant shall be allowed the prior service credits under the conditions set forth in this paragraph and the retirement allowance shall be adjusted in accordance therewith. Termination. Section 2. Said Act is further amended by adding a new paragraph immediately following the last unnumbered paragraph of paragraph (b) of subsection (2) of section 5 to read as follows: The benefit payable under this subsection and under subsection (3) of this section shall be payable to the retired member for the remainder of his lifetime and shall be known as the Maximum Plan. Upon the death of the retired member, all monthly benefits shall cease as of the end of the month in which the retired member died. In the event

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that the total monthly benefits paid at the time of the member's death are less than the amount of contributions which the member made to the system, the difference between the benefits paid and the amount of contributions shall be refunded to the person who may have been designated in writing by the retired member or to the retired member's estate if no such person has been named or has predeceased the member. This paragraph shall not apply when an optional allowance has been selected by the member under subsection (8) of this Section. Payments. Section 3. Said Act is further amended by striking subsection (4) of section 5 in its entirety and substituting in lieu thereof a new subsection (4) to read as follows: (4) Reexamination of beneficiaries retired on account of disability. Once each year during the first five years following retirement of a member on a disability retirement allowance, and once in every three-year period thereafter, the Board of Trustees may require a disability beneficiary who has not yet attained age 62 to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the Medical Board, and such beneficiary may himself request such an examination. Should any disability beneficiary who has not yet attained age 62 refuse to submit to such medical examination, his pension may be discontinued by the Board of Trustees until his withdrawal of such refusal, and should his refusal continue for one year, all his rights in and to his pension may be revoked by the Board of Trustees. Should the Medical Board report and certify to the Board of Trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the Board of Trustees may reduce his pension to an amount, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified: Provided that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when

Page 900

added to the amount earnable by him together with his annuity, equals his average final compensation. Reexamination. Section 4. Said Act is further amended by striking the first paragraph of subsection (6) of section 5 in its entirety and by designating the second and third paragraphs of said subsection as paragraphs (b) and (c), respectively, and by inserting in lieu of said stricken first paragraph a new paragraph (a) to read as follows: (a) If a beneficiary is restored to service as a teacher as defined in subsection (5) of Section 1 of this Act, he may elect: (i) to have his retirement allowance cease, in which case he shall again become a member of the retirement system and contribute thereafter, and be governed by the retirement provisions of this Act, (ii) not to reinstate his membership in the retirement system in which case his retirement benefits shall be suspended during the period of time he is restored to service, and upon cessation of his service, his prior retirement allowance shall be resumed. If the returning beneficiary fails to elect either choice, his status shall be as if he had elected (i) above. Anything in this Act to the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect, and upon his subsequent retirement he shall be credited with all his service as a member, but should he be restored to service on or after the attainment of age 50 his pension upon subsequent retirement shall not exceed the sum of the pension which he was receiving immediately prior to his last restoration to membership and the pension payable in respect to his service since his last restoration to membership. Restoration to service. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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MOTOR VEHICLESDEPARTMENT OF PUBLIC SAFETY SHALL ESTABLISH SAFETY INSPECTION STATIONS, ETC.CONDITIONAL. No. 1314 (House Bill No. 1187). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended particularly by an Act approved April 3, 1963 (Ga. L. 1963, p. 333), an Act approved March 12, 1965 (Ga. L. 1965, p. 188), an Act approved April 8, 1969 (Ga. L. 1969, p. 271), and an Act approved March 20, 1970 (Ga. L. 1970, p. 438), so as to provide that the Department of Public Safety shall establish, maintain and operate motor vehicle safety inspection stations; to provide that motor vehicle safety inspection certificates shall be issued by the Department of Public Safety; to change the provisions relating to compliance with inspection laws; to change the provisions relating to operation of inspection stations; to authorize the Department of Public Safety to promulgate rules and regulations abolishing existing statutory motor vehicle inspection criteria; to authorize the Department of Public Safety to promulgate rules and regulations establishing motor vehicle inspection criteria, including adopting motor vehicle inspection criteria promulgated by the United States Secretary of Transportation and the Administrator of the United States Environmental Protection Agency; to authorize the Director of the Department of Public Safety, as an agent of the State of Georgia, to provide facilities for the inspection of those motor vehicles required to be inspected by Acts of the State of Georgia, the United States Congress, or the rules and regulations of the United States Secretary of Transportation or the Administrator of the United States Environmental Protection Agency, on a statewide basis, or within the scope necessitated by the State of Georgia being selected as a pilot project under the Motor Vehicle Inspection and Cost Savings Act of 1972, now pending in the Congress of the United States, or other similar Act; to provide that the authorization given to

Page 902

the Department of Public Safety to abolish existing statutory inspection criteria and to establish new inspection criteria shall be contingent on the passage of the Motor Vehicle Inspection and Cost Savings Act of 1972, now pending in the Congress of the United States, or other similar federal act, and to further provide that such authorization is also contingent on the Department of Public Safety receiving an appropriation in an amount sufficient, when combined with available federal funds, to establish and maintain an inspection program necessitated by utilization of the criteria established by the Department as authorized herein; to provide powers and duties of the Directors of Public Safety; to repeal specific Sections; to provide that this Act shall become effective only under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended particularly by an Act approved April 3, 1963 (Ga. L. 1963, p. 333), an Act approved March 12, 1965 (Ga. L. 1965, p. 188), an Act approved April 8, 1969 (Ga. L. 1969, p. 271), and an Act approved March 20, 1970 (Ga. L. 1970, p. 438), is hereby amended by adding in section 124, a new subsection (d) to read as follows: (d) No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the Director or an authorized officer of the department., so that when so amended, section 124 shall read as follows: Section 124.Inspection by officers of the Department of Public Safety. (a) The Director and members of the Department of Public Safety, and such other officers and employees of the department as the Director may designate, may at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or

Page 903

that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appropriate. Inspection. (b) In the event such vehicle and its equipment are found to be in safe condition and in full compliance with the law, the officer making such an inspection shall issue to the driver an official certificate of inspection and approval of such vehicle specifying those parts or equipment so inspected and approved. (c) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto and that a certificate of inspection and approval be obtained within 30 days. (d) No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the Director or an authorized officer of the department. Section 2. Said Act is further amended by striking in its entirety section 125, which reads as follows: Section 125.Owners and drivers to comply with inspection laws. (a) No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the Director or an authorized officer of the department. Repealed. (b) Every owner or driver, upon receiving a notice as provided in section 124, shall comply therewith and shall within 30 days secure an official certificate of inspection and approval which shall be issued in duplicate, one copy to be retained by the owner or driver and the other copy to be forwarded to the department. In lieu of compliance

Page 904

with this paragraph, the vehicle shall not be operated, except as provided in the next succeeding paragraph. (c) No person shall operate any vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, or to a garage, until said vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this Act and a certificate of inspection and approval shall be obtained as promptly as possible thereafter. (d) In the event repair or adjustment of any vehicle or its equipment is found necessary upon inspection, the owner of said vehicle may obtain such repair or adjustment at any place he may choose, but in every event an official certificate of inspection and approval must be obtained, otherwise such vehicle shall not be operated upon the highways of this State. Section 3. Said Act is further amended by inserting immediately after the last unnumbered paragraph of subsection (a) of section 126 the following: The Department of Public Safety is hereby authorized, in accordance with the provisos enumerated hereafter, to promulgate rules and regulations (1) abolishing existing statutory criteria for equipment inspection on motor vehicles, as set forth in paragraphs (1) through (14) inclusive of subsection (a) of Section 126 of this Act, and, (2) establishing such inspection criteria as the department within its discretion may deem appropriate to comply with inspection criteria promulgated by the United States Secretary of Transportation and the Administrator of the United States Environmental Protection Agency, should the United States Secretary of Transportation or the Administrator of the Environmental Protection Agency set forth such criteria, provided that the `Motor Vehicle Information and Cost Savings Act of 1972', now pending in the Congress of the United States, or other similar Act, becomes law by

Page 905

passage and approval, and provided that State funds have been appropriated to the Department of Public Safety in an amount sufficient, when combined with available federal funds, to fund the establishment and maintenance of an inspection program utilizing the criteria which may be established by the department pursuant to the authorization contained herein. Rules. The provisions contained in subsection (a) of section 126 of this Act shall continue to be in effect in their present form until such time as the Congress of the United States requires the various states of the United States to comply with federal inspection requirements, or until such time as the State of Georgia is selected as a participant in a motor vehicle diagnostic inspection demonstration project pursuant to the `Motor Vehicle Information and Cost Savings Act of 1972', now pending in the Congress of the United States, or other similar Act, and the provisions of this Act have been implemented. The Director of the Department of Public Safety shall be authorized to accept the nomination of the State of Georgia as a participant in a motor vehicle diagnostic inspection demonstration project under the `Motor Vehicle Information and Cost Savings Act of 1972', now pending in the Congress of the United States, or any similar forthcoming Act of the Congress of the United States, provided there have been sufficient State and federal appropriations to implement said project. In the event the Department of Public Safety exercises its authorization to abolish existing statutory inspection criteria, and to establish inspection criteria, such action by the department shall not be effective until the State of Georgia has received federal funding pursuant to the `Motor Vehicle Information and Cost Savings Act of 1972', now pending in the Congress of the United States, or other similar Act of the Congress of the United States. Section 4. Said Act is further amended by striking section 126A in its entirety and inserting in lieu thereof a new section 126A, to read as follows:

Page 906

Section 126A.Inspection stations to be operated by the Department of Public Safety. The inspection of all motor vehicles required under the provisions of this Act shall be made by personnel of the Department of Public Safety. Except as provided in Section 124, all inspections shall be made at safety inspection stations set up by the department. The Director is hereby authorized and directed to determine the number of inspection stations needed, purchase or lease such property and hire such personnel as are necessary and to promulgate rules and regulations necessary to carry out the provisions of this Section. Personnel of stations. Section 5. Said Act is further amended by striking section 126B in its entirety and inserting in lieu thereof a new section 126B, to read as follows: Section 126B. Operation of official inspection stations. (a) No permit for an official station shall be assigned or transferred or used at any location other than therein designated and every said permit shall be posted in a conspicuous place at the location designated. Operation of stations. (b) The person operating an official inspection station shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspecting such vehicle and determining that its equipment required under the provisions of this Act is in good condition and proper adjustment, otherwise no certificate shall be issued. When required by the Director, record and report shall be made of every inspection and every certificate so issued. (c) A fee of $3.00 shall be charged for each certificate of inspection and approval, $.25 of which shall be remitted 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. (d) The certificate of inspection and approval issued under the provisions of this Act shall be displayed upon the windshield of the motor vehicle inspected and shall bear

Page 907

the date said motor vehicle was inspected, the number or other identification of the inspecting station or officer and such other reasonable information as shall be required by the Director in order to properly identify said motor vehicle. (e) The operator of an inspection station shall remove from any vehicle being inspected by the station any certificate of inspection when: (1) A new certificate will be issued pursuant to subsection (b) of this Section; or (2) The certificate of inspection has expired; or (3) The inspection of the vehicle reveals that said vehicle failed to meet the requirements of this Article and the certificate of inspection will expire during the month in which the vehicle is inspected. Section 126B.Operation of inspection stations. (a) The person operating an inspection station shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspecting such vehicle and determining that its equipment required under the provisions of this Act is in good condition and proper adjustment. If such vehcle fails the inspection, the owner thereof shall have 24 hours to have the vehicle placed in safe condition and have its equipment properly repaired and to obtain a certificate of inspection and approval. When required by the Director, a record and report shall be made of every inspection and every certificate so issued. (b) A fee of $3.00 shall be charged for each certificate of inspection and approval, which shall be remitted 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. (c) The certificate of inspection and approval issued under the provisions of this Act shall be displayed upon

Page 908

the windshield of the motor vehicle inspected and shall bear the date said motor vehicle was inspected, the number or other identification of the inspecting station or officer and such other reasonable information as shall be required by the Director in order to properly identify said motor vehicle. (d) No person other than a duly authorized officer or an employee of the Department of Public Safety shall issue a certificate of inspection and approval. Section 6. Said Act is further amended by striking in its entirety section 126C, which reads as follows: Section 126C.Improper representation as official station. (a) No person shall in any manner represent any place as an official inspection station unless such station is operating under a valid permit issued by the department. Repeal. (b) No person other than a duly authorized officer or employee of the department shall issue a certificate of inspection and approval unless then holding a valid permit hereunder. Section 7. This Act shall become effective only in the event the Motor Vehicle Information and Cost Savings Act of 1972 now pending in the United States Congress or other similar Act of the United States Congress, if enacted, requires the revision in the State motor vehicle inspection laws made by this Act in order to comply with the provisions of such proposed Federal legislation, if enacted. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

Page 909

TEACHERS' RETIREMENT SYSTEMDEFINITION OF TEACHER CHANGED, ETC. No. 1317 (House Bill No. 1262). 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 change the provisions relative to the definition of a teacher; to change the provisions relative to the definition of earnable compensation; to change the provisions relative to credit for service in other state school systems; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (5) of section 1 the following: The word `teacher' shall also include teacher aides and paraprofessional personnel and members of the staff of any Cooperative Educational Service Agency created pursuant to the provisions of an Act known as the Cooperative Educational Service Agencies Act.' Teacher defined. Section 2. Said Act is further amended by striking from the first sentence of subsection (13) of section 1 the following: ; 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., and by inserting a period following the word time where it appears immediately preceding said stricken language so that when so amended said subsection (13) shall read as follows: (13). `Earnable compensation' shall mean the full rate of regular compensation payable to a member teacher for his full normal working time. 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

Page 910

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 defined. Section 3. Said Act is further amended by adding at the end of subsection (5-A) of section 4 the following: Any provisions of this subsection to the contrary notwithstanding, teachers who became members of the Teachers' Retirement System prior to April 1, 1966, shall be permitted to establish credit for a maximum of ten years of service in other state school systems that permit retirement credit for teaching service rendered in Georgia public schools by paying eight per centum of such out-of-state compensation that they received, plus applicable accumulated interest in accordance with regulations adopted by the Board of Trustees, and such members may establish credit for a year of out-of-state service for each year of Georgia membership service rendered after the first five years of membership service. Credit. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. CERTAIN STATE CONTRACTSPROVISION MADE FOR APPROVAL, ETC. No. 1318 (House Bill No. 1276). An Act to provide the circumstances under which certain contracts entered into by State agencies shall become binding; to provide that certain contracts must be approved; to provide for exceptions; to repeal conflicting laws; and for other purposes.

Page 911

Be it enacted by the General Assembly of Georgia: Section 1. Any contract, contractual obligation, contractual undertaking, contractual arrangement, or agreement by which the State or any of its departments, boards, bureaus, commissions, authorities or other agencies is obligated to, or may become obligated to, expend more than $5,000 shall be voidable by the State unless: Contracts. (a) the same is approved by one of the following: (1) The Supervisor of Purchases pursuant to the provisions of that Act creating the Office of Supervisor of Purchases, Ga. L. 1931, p. 7, as amended. (2) The State Properties Acquisition Commission created by Ga. L. 1965, p. 396. (3) The Bureau of the Budget, as hereinafter provided in Section 3 of this Act, or (b) the same is exempt, as provided in section 3 of this Act. Section 2. The Bureau of the Budget shall review and, if such contract is authorized by the Appropriation Act, approve all contracts provided for by section 1 of this Act and not otherwise approved by the Supervisor of Purchases or the State Properties Acquisition Commission. The Bureau of the Budget shall be authorized to exempt, by rule or regulation, certain contracts and classes of contracts and such exempt contracts shall be binding. Section 3. The following contracts shall be exempt from the provisions of this Act: (a) Contracts approved by the State Highway Department, the State Board of Education, or the Board of Regents of the University System of Georgia. Exemption. (b) Construction contracts of an Authority entered into after competitive bid, including amendments thereto, and

Page 912

emergency contracts of an Authority requiring immediate execution and performance for the protection of persons or property. (c) Contracts of employment. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. MASS GATHERING ACT AMENDED. Code 88-1205a Amended. No. 1320 (House Bill No. 1295). An Act to amend Code section 88-1205a, relating to the requirements of a bond for mass gatherings, so as to provide that no bond shall be required for a mass gathering in certain cases in which an incorporated municipality or county owns the area upon which a mass gathering is to be held and commits itself, in writing, to clean up the site upon which the gathering is to be held; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for ther purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-1205a, relating to the requirements of a bond for mass gatherings, is hereby amended by adding at the end of said Code section the following: Provided, however, that the bond specified herein shall not be required in cases where the other requirements of this Chapter are met by the applicant for a permit and an incorporated municipality or county owns the area upon which said mass gathering is to be held and commits itself, in writing, to clean up the site upon which the gathering is to be held.,

Page 913

so that when so amended, Code section 88-1205a shall read as follows: 88-1205a. Requirement of a Bond. The person holding or promoting a mass gathering shall provide a bond of one million dollars ($1,000,000) issued by a surety company authorized to transact business in this State. The bond shall be to guarantee full compliance with this Chapter as well as other applicable provisions of the Georgia Health Code and rules and regulations promulgated thereunder. The bond shall also cover cleanup of the site. This bond shall be in favor of the State of Georgia for the benefit of any person who is damaged as a result of the activity of a mass gathering. Any person claiming against the bond may maintain an action at law against the person holding or promoting the mass gathering and the surety. In lieu of furnishing the bond, the person holding or promoting a mass gathering may deposit with the Director of the Department of Public Health, a cash deposit in like amount. Provided, however, that the bond specified herein shall not be required in cases where the other requirements of this Chapter are met by the applicant for a permit and an incorporated municipality or county owns the area upon which said mass gathering is to be held and commits itself, in writing, to clean up the site upon which the gathering is to be held. Code 88-1205a 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 April 3, 1972.

Page 914

EMPLOYEES' SUGGESTION AND AWARDS BOARD ACT AMENDED. No. 1321 (House Bill No. 1313). An Act to amend an Act creating an Employees' Suggestion and Awards Board, approved March 8, 1957 (Ga. L. 1957, p. 336), as amended by an Act approved February 4, 1959 (Ga. L. 1959, p. 23), so as to authorize the Board to grant additional compensation to employees selected to receive awards; to limit the amount of such additional compensation; to provide that such additional compensation shall be paid by the agency from which the suggestion originated; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating an Employees' Suggestion and Awards Board, approved March 8, 1957 (Ga. L. 1957, p. 336), as amended by an Act approved February 4, 1959 (Ga. L. 1959, p. 23), 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. The secretary shall make any further investigation he deems appropriate and report his findings and recommendations to the Employees' Suggestion and Awards Board. The Board shall make the final determination as to what action will be taken, and shall determine the amount of additional compensation, and the certificate to be issued, subject to adopted rules and regulations. Compensation. Section 2. Said Act is further amended by striking subsection 2. of section 8 in its entirety and inserting in lieu thereof a new subsection 2., to read as follows: 2. Additional compensation, based on a percentage of the amount of savings resulting from the adoption of the suggestion, but not to exceed $2,000, to be paid by the agency from which the suggestion originated. Amount. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

Page 915

GAME AND FISHTEMPORARY NONRESIDENT TROUT STAMP PROVIDED. No. 1322 (House Bill No. 1325). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. L. 1971, p. 38), so as to provide for a temporary nonresident trout stamp; 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 of this State relative to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. L. 1971, p. 38), is hereby amended by adding at the end of paragraph (III) of subsection (a) of section 30 a new item (8) to read as follows: (8) Nonresident Trout Stamp 5 day $3.25. Stamp. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

Page 916

BOARD OF EXAMINERS IN OPTOMETRYPROVISIONS ON UNPROFESSIONAL CONDUCT CHANGED. Code 84-1110 Amended. No. 1323 (House Bill No. 1329). An Act to amend Code section 84-1110, relating to the refusal and revocation of certificates of registration by the Board of Examiners in Optometry, so as to change the provision relative to unprofessional conduct; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-1110, relating to the refusal and revocation of certificates of registration by the Board of Examiners in Optometry, is hereby amended by striking from said Code section the word highly where it appears between the word of and the word unprofessional so that when so amended Code section 84-1110 shall read as follows: 84-1110. Refusal and revocation of certificates of registration; grounds; hearing; appeal. The Board of Examiners in Optometry shall refuse to issue its certificate of registration and may revoke its certificate of registration issued to any person who is not of good moral character, or who commits an act involving moral turpitude, or who is guilty of unprofessional conduct, or whose certificate was issued through error, fraud, or perjury: Provided, that in all such cases the board shall serve written notice of the charges on such accused person at least 10 days prior to the date set for hearing, and said person shall be notified to appear before the board to answer the charges at such time and place as the board may direct. Such notice shall plainly set forth the charges made, and notify the accused person to appear to answer the same. On such hearing, if the charges are found true, the accused having the right to produce witnesses in his behalf and cross-examine those testifying against him, the board shall render judgment after such hearing, and the person accused may enter an

Page 917

appeal to the next superior court of the county in which the hearing is held, if he is dissatisfied with the finding, such appeal to be governed by the law relating to appeals in other cases. Code 84-1110 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. HEALTHFOOD SERVICE ESTABLISHMENTSFOREIGN COUNTRY MEAT PRODUCT INFORMATION TO BE DISPLAYED. No. 1328 (House Bill No. 1443). An Act to provide that all food service establishments shall display certain information on menus concerning meat products imported from a foreign country; to provide penalties for violations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All food service establishments in this State, as defined in Code section 88-1001, which serve carcass beef or cuts derived from such carcass and such carcass are imported from a foreign country shall conspicuously display in or attached to their menus the words: We serve beef imported from a foreign country. Display. Section 2. Any person, firm or corporation who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Compiler's Note: This Act was received from the Executive Department on April 7, 1972. This Act was received by

Page 918

the Executive Department on March 22, 1972 after the General Assembly adjourned on March 9, 1972 and it does not bear the Governor's signature of approval. TOBACCO BOARDS OF TRADE ACT AMENDED. No. 1329 (House Bill No. 1446). An Act to amend an Act relating to Tobacco Boards of Trade, approved February 26, 1962 (Ga. L. 1962, p. 102), so as to authorize the organization of a nonstock corporation or voluntary association empowered to exercise on a statewide basis, with respect to tobacco markets, the powers and duties possessed by Tobacco Boards of Trade; to provide membership fees; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to Tobacco Boards of Trade, approved February 26, 1962 (Ga. L. 1962, p. 102), is hereby amended by adding at the end of section 1 the following: Said tobacco warehousemen may also, by majority vote, authorize any nonstock corporation or voluntary association of tobacco warehousemen, in which a majority of such warehousemen in this State are members, to exercise on a statewide basis the powers and duties provided in this Act. In the event there shall be more than one such nonstock corporation or voluntary association in which a majority of such warehousemen are members, that organization possessing the largest number of such members shall be the organization which may be vested with such authority., So that when so amended section 1 shall read as follows: Section 1. Tobacco warehousemen licensed and bonded under the laws of this State to operate warehouses for the sale of leaf tobacco at auction are hereby authorized to organize, either as nonstock corporations or voluntary associations,

Page 919

Tobacco Boards of Trade in the several municipalities of this State in which leaf tobacco is sold on warehouse floors at auction. Said tobacco warehousemen may also, by majority vote, authorize any nonstock corporation or voluntary association of tobacco warehousemen, in which a majority of such warehousemen in this State are members, to exercise on a statewide basis the powers and duties provided in this Act. In the event there shall be more than one such nonstock corporation or voluntary association in which a majority of such warehousemen are members, that organization possessing the largest number of such members shall be the organization which may be vested with such authority. Organizations. Section 2. Said Act is further amended by adding at the end of section 3 the following: A statewide corporation or association, as provided herein, is hereby authorized to make such reasonable rules and regulations as herein provided for the economical and efficient handling and sale of leaf tobacco at auction in the several tobacco markets in this State., So that when so amended, section 3 shall read as follows: Section 3. Each such Tobacco Board of Trade is hereby authorized to make reasonable rules and regulations not in conflict with the laws of this State and the rules and regulations promulgated thereunder, for the economical and efficient handling and sale of leaf tobacco at auction on the warehouse floors in the municipality in which the Tobacco Board of Trade is organized hereunder. A statewide corporation or association, as provided herein, is hereby authorized to make such reasonable rules and regulations as herein provided for the economical and efficient handling and sale of leaf tobacco at auction in the several tobacco markets in this State. Rules. Section 3. Said Act is further amended by adding at the end of section 4 the following: A statewide corporation or association, as provided herein,

Page 920

may require as a condition to membership therein the payment of a reasonable fee which shall not exceed one hundred and no/100 dollars ($100.00) per 1,000,000 pounds of producers' tobacco sold at auction during the year preceding the year in which the fee is assessed., So that when so amended, section 4 shall read as follows: Section 4. The Tobacco Boards of Trade in the several municipalities in Georgia are authorized to require as a condition to membership therein the payment of a reasonable fee which shall not exceed the amount set out hereinafter: fifty and no/100 dollars ($50.00) in those municipalities in which less than 3,000,000 pounds of tobacco was sold at auction during the year 1960; one hundred and no/100 dollars ($100.00) in those municipalities in which not less than 3,000,000 pounds but less than 10,000,000 pounds of tobacco was sold at auction during the year 1960; one hundred fifty and no/100 dollars ($150.00) in those municipalities in which not less than 10,000,000 pounds but less than 25,000,000 pounds of tobacco was sold at auction during the year 1960; three hundred and no/100 dollars ($300.00) in those municipalities in which 25,000,000 pounds or more of tobacco was sold at auction during the year 1960. A statewide corporation or association, as provided herein, may require as a condition to membership therein the payment of a reasonable fee which shall not exceed one hundred and no/100 ($100.00) per 1,000,000 pounds of producers' tobacco sold at auction during the year preceding the year in which the fee is assessed. Fees. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. In addition to complying with the laws of this State relative to the operation of tobacco warehouses, local Boards of Trade may require membership in good standing in the local Board of Trade as a condition to participate in the business of operating a tobacco warehouse in such municipality, and, in addition thereto, a statewide corporation or association as provided herein, may require

Page 921

membership in such statewide organization as a condition to participate in the business of operating a tobacco warehouse in this State, and such requirements shall be deemed reasonable requirements by the Board of Trade or statewide organization. Membership. Section 5. Said Act is further amended by adding at the end of section 6 the following: Membership in a statewide corporation or association, as provided herein, shall be limited to warehousemen. The holder of a membership in such statewide organization who is not the operator of a warehouse in this State shall not participate in the allocation of sales time among the tobacco markets in this State., So that when so amended, section 6 shall read as follows: Section 6. Membership in the several Boards of Trade may be divided into categories as the board may provide in its by-laws, and may include, in addition to warehousemen, members other than warehousemen. The holder of a membership other than a warehouseman shall not participate in the allocation of sale time among the warehousemen. The Board of Trade may provide for the participation of membership other than warehousemen in matters other than the allocation of sales time. Members in any of the several Boards of Trade authorized hereby shall not be responsible or liable for any of the acts, omissions, or commissions of the several Tobacco Boards of Trade except as to the extent of their participation therein. Membership in a statewide corporation or association, as provided herein, shall be limited to warehousemen. The holder of a membership in such statewide organization who is not the operator of a warehouse in this State shall not participate in the allocation of sales time among the tobacco markets in this State. Warehousemen. Section 6. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows:

Page 922

Section 7. Any person suspended or expelled from a Tobacco Board of Trade may appeal from such suspension or explusion to the superior court of the county in which said Board of Trade is located. Any person suspended or expelled from the statewide organization provided for herein may appeal from such suspension or expulsion to the superior court of the county in which said person's warehouse is located. Such appeal shall be a de novo investigation by the court and the court in considering the appeal may make such findings in relation thereto as the circumstances may warrant. Appeal. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. REVENUECOUNTIES AUTHORIZED TO LEVY TAX FOR PUBLIC HEALTH AND SANITATION PURPOSES. No. 1330 (House Bill No. 1474). An Act to authorize counties to levy a tax for public health and sanitation purposes, including water pollution control projects, sewage treatment facilities, storm and sanitary sewer facilities, and water facilities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Counties are hereby authorized to exercise the power of taxation and expend funds raised by the exercise of such power for the purposes of public health and sanitation, including water pollution control projects, sewage

Page 923

treatment facilities, storm and sanitary sewer facilities, and water supply facilities. Authority. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. APPORTIONMENT OF TENNESSEE VALLEY AUTHORITY PAYMENTS PROVIDED, ETC. No. 1331 (House Bill No. 1496). An Act to provide for the redistribution of payments made to the State of Gerogia by the Tennessee Valley Authority in lieu of taxes; to provide for the procedures connected therewith; 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. Notwithstanding any other provisions of law to the contrary, payments made by the Tennessee Valley Authority to the State of Georgia and any of its political subdivisions under section 13 of the Act of Congress creating the Tennessee Valley Authority, as amended, shall be apportioned among the local governments in which property owned by the Tennessee Valley Authority is located on the basis of the percentage of loss of taxes to each, determined as hereinafter provided. The payments made for each such fiscal year by the Tennessee Valley Authority shall be distributed by the State Revenue Commissioner among counties and municipalities in which the Tennessee Valley Authority had power property (including reservoir land allocated to power purposes), at the end of the preceding fiscal year, in such manner that the sum of such payments

Page 924

plus the total of payments for the same fiscal year by the Tennessee Valley Authority directly to counties of the state shall be apportioned among said counties and municipalities by the same ratio that the book value of the Tennessee Valley Authority's power property in each county and in each municipality, respectively, bore as of the end of such preceding fiscal year to the total of the book value of the Tennessee Valley Authority's power properties in all counties within the state plus the book value of the Tennessee Valley Authority's power properties located in all municipalities within the state: Provided, however, that this apportionment shall be subject to the qualifications and such adjustments as may be necessary to meet the conditions set forth in the remaining sections of this Act. Provided, further, however, that the amount distributed by the State Revenue Commissioner under the terms of this Act to any county or municipality having independent school districts located therein shall be divided between the county or city general government and the county or city school system based upon the ratio that the tax rate for the previous tax year for each bears to the total rate for both for the previous tax year. Apportionment. Section 2. Notwithstanding any other provisions of this Act to the contrary, all payments in lieu of taxes made by the Tennessee Valley Authority directly to any county for any fiscal year shall be retained by such county. Such direct payment shall be deducted from the amount finally apportioned to such county under section 1 of this Act before distribution of the balance, if any, of such county's payment share for the particular fiscal year from the state. Direct county payments. Section 3. If the initially apportioned payment share of any county for any fiscal year is less than the amount of payment made directly to such county by the Tennessee Valley Authority under the Act of Congress creating it, then the amount due to such county shall be increased to conform to such requirements, and the previously apportioned shares of all other counties and municipalities shall be reduced pro rata so that the total of such reductions shall equal the total of increases necessary to meet the minimum payment requirements of this Act.

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Section 4. This Act shall become effective on July 1, 1972. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GAME AND FISHPROVISIONS CHANGED RELATIVE TO UNAUTHORIZED POSSESSION OF WILDLIFE, ETC. No. 1332 (House Bill No. 1497). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to change the provisions relative to the used of or the possession by any person of any wildlife or parts thereof which have been killed, taken, captured, possessed or destroyed contrary to any of the wildlife laws, rules and regulations; to provide penalties; to repeal a prohibition against hunting from scaffolds; to repeal the daily bag limit on rabbits; to place limitations upon the use of baskets for the taking of rough fish; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking section 51 of said Act in its entirety and substituting in lieu thereof a new section 51 to read as follows: Section 51. Any person who makes use of, or has in his possession any wildlife or parts thereof, knowing it has been killed, taken, captured, possessed or destroyed contrary to

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any of the wildlife laws, rules and regulations, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Possession. Section 2. Said Act is further amended by deleting the word scaffold from the second paragraph of section 62 of said Act so that when so amended, the second paragraph of section 62 of said Act shall read as follows: It shall be unlawful for any person at any time to make use of any pitfall, deadfall, catch, snare, trap, net, salt lick, blind pig, baited hook, or other device for the purposes of killing, taking, capturing or injuring birds or animals protected by the wildlife laws, rules and regulations, except as otherwise provided. Any person violating this Section shall be guilty of a misdemeanor and punished as provided by law. Traps. Section 3. Said Act is further amended by striking in its entirety subsection (b) of section 63, which reads as follows: (b) No person shall take or kill more than five rabbits or hares in any one day, nor shall any person sell or offer to sell any rabbit or hare, or parts thereof., Rabbits. and by redesignating subsection (c) as subsection (b) and subsection (d) as subsection (c). Section 4. Said Act is further amended by striking subsection (a) of section 87 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Baskets may be used to take fish in the waters of this State only as provided by regulations of the State Game and Fish Commission. The Commission shall promulgate regulations prescribing the type and size of baskets which may be used as herein prescribed; provided, however, that any type and size basket may be used to take fish in private ponds. Fish baskets.

Page 927

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. STATE FUNDS MAY BE USED FOR CONSTRUCTION OF CERTAIN PUBLIC RAMPS, ETC. No. 1336 (House Bill No. 1552). An Act to amend an Act relating to the improvement of real estate held by the State of Georgia in fee simple or under quitclaim deed with a reversionary interest in the Federal Government, approved February 23, 1961 (Ga. L. 1961, p. 47) so as to provide that appropriated State funds may be used by a State Department for construction of a public ramp for the launching and retrieving of water craft and related facilities for use in connection therewith, including but not limited to, paved parking and access roads, upon real estate owned by the State of Georgia adjoining lakes, reservoirs, rivers, or other bodies of water available for free use by the public, the title to which real estate is burdened by a flood easement, license, permit, or reservation running in favor of an electric utility company regulated by the State of Georgia and/or the United States of America, or any public corporation or authority declared by law to be an instrumentality of the State of Georgia or the United States of America, or any agency or department of the United States of America; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the improvement of real estate held by the State of Georgia in fee simple or under quitclaim deed with a reversionary interest in the Federal

Page 928

Government, approved February 23, 1961 (Ga. L. 1961, p. 47) is hereby amended by adding at the end of section 2 the following: Provided, however, that nothing herein shall prevent or prohibit a State Department from constructing with appropriated State funds a public ramp for the launching and retrieving of water craft and other facilities for use in connection therewith, including but not limited to, paved parking areas and access roads, upon real estate owned by the State of Georgia adjoining lakes, reservoirs, rivers or other bodies of water available for free use by the public, the title to which real estate is burdened by a flood easement, license, permit, or reservation running in favor of an electric utility company regulated by the State of Georgia and/or the United States of America, or any public corporation or authority declared by law to be an instrumentality of the State of Georgia or the United States of America, or any agency or department of the United States of America., so that said section 2 of the aforesaid Act shall hereafter read: Section 2. Any real estate held by the State of Georgia in fee simple or under a quitclaim deed with a reversionary interest in the Federal Government or under a long term Federal license with a reversionary interest in the Federal Government may be improved with funds appropriated for a State Department, provided the Director of the Department affected and the Budget Bureau, consisting of the Governor and State Auditor, consent to the use of such funds if the amount of funds to be appropriated exceeds $1,000.00. If the amount of the improvement funds to be appropriated is $1,000.00 or less, the Director of the Department shall have the authority to approve the appropriation without the approval of the Budget Bureau. Provided, however, that nothing herein shall prevent or prohibit a State Department from constructing with appropriated State funds a public ramp for the launching and retrieving of water craft and other facilities for use in connection therewith, including but not limited to, paved parking areas and access roads, upon real estate owned by the State of Georgia

Page 929

adjoining lakes, reservoirs, rivers or other bodies of water available for free use by the public, the title to which real estate is burdened by a flood easement, license, permit or reservation running in favor of an electric utility company regulated by the State of Georgia and/or the United States of America, or any public corporation or authority declared by law to be an instrumentality of the State of Georgia or the United States of America, or any agency or department of the United States of America. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. WORKMEN'S COMPENSATIONCERTAIN EMPLOYEE REMEDIES EXCLUSIVE, ETC. Code Title 114 Amended. No. 1337 (House Bill No. 1560). An Act to amend Title 114 of the Code of Georgia, relating to workmen's compensation, as amended, so as to provide that certain remedies granted to an employee shall be exclusive; to provide that every contract of service between an employer and employee shall be presumed to have been made subject to the provisions of said Title; to provide that every employer subject to the provisions of said Title shall be required to take certain actions; to repeal Code Chapter 114-2, relating to the acceptance or rejection of the workmen's compensation 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. Title 114 of the Code of Georgia, relating to workmen's compensation, as amended, is hereby amended

Page 930

by striking in its entirety Code section 114-103, relating to remedies, and substituting in lieu thereof a new Code section 114-103 to read as follows: 114-103. The rights and the remedies herein granted to an employee shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service or death. Provided, however, that no employee shall be deprived of any right to bring an action against any third party tortfeasor. Code 114-103 amended. Section 2. Said Title is further amended by striking in its entirety Code section 114-110, relating to contracts of service, and substituting in lieu thereof a new Code section 114-110 to read as follows: 114-110. Every contract of service between any employer and employee covered by this Title, written, oral, or implied, shall be presumed to have been made subject to the provisions of this Title, except those persons and employment listed in Code section 114-107. Code 114-110 amended. Section 3. Said Title is further amended by deleting from Code section 114-601, relating to the duties of employers to insure payment of compensation, the words who accepts and substituting in lieu thereof the words subject to. Code 114-601 amended. Section 4. Said Title is further amended by striking from Code section 114-602, relating to the duty to insure in a licensed company, the words who accepts and substituting in lieu thereof the words subject to. Code 114-602 amended. Section 5. Said Title is further amended by striking from Code section 114-603, relating to evidence of compliance with the workmen's compensation law, the word accepting and substituting in lieu thereof the words subject to Code 114-603 amended. Section 6. Said Title is further amended by striking from Code section 114-9901, relating to the refusal or neglect of the employer to file evidence showing compliance with Code section 114-603, the word accepting and substituting in lieu thereof the words subject to. Code 114-9901 amended.

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Section 7. Said Title is further amended by striking in its entirety Chapter 114-2, relating to the acceptance or rejection of the provisions of the workmen's compensation law. Code 114-2 repealed. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. THE HIGHWAY RELOCATION AND LAND ACQUISITION POLICY ACT. No. 1338 (House Bill No. 1594). An Act to provide for the payment of relocation and replacement housing expenses of any person, family, business, farm operation, or non-profit organization displaced by federal-aid highway projects; to provide for relocation assistance advisory services for any person, family, business, farm operation, or non-profit organization displaced by federal-aid highway projects; to provide for the payment of expenses incident to the transfer of real property, mortgage penalties and a pro rata part of real property taxes on property acquired by the Highway Department for any federal-aid highway project; to provide for the payment of condemnee's litigation expenses in connection with any condemnation case brought by the Highway Department in a federal-aid highway project when it is judicially determined that the property cannot be condemned or the case is abandoned by the Department; to provide for payment of plaintiff's litigation expenses in any inverse condemnation case brought against the Highway Department and in which judgment is rendered for plaintiff for real property taken by the Department for a federal-aid highway project; to provide

Page 932

for certain land acquisition policies for federal-aid highway projects; to provide for the promulgation of rules by the Highway Department; to authorize the Highway Department to determine the amounts to be paid as financial assistance; to provide a method of appeal; to repeal an Act approved April 18, 1969 (Ga. L. 1969, p. 495) relating to the payment of relocation and replacement housing expenses and expenses incident to transfer of real property; to provide for legislative findings and declarations; to authorize the State Highway Department to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress of the United States, approved January 2, 1971; to provide for a 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 The Highway Relocation and Land Acquisition Policy Act. Title. Section 2. The General Assembly finds and declares that the prompt and equitable relocation and re-establishment of persons, businesses, farmers, and non-profit organizations displaced as a result of the construction of highways and streets with federal financial assistance are necessary to insure that a few individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. The General Assembly finds and declares that the establishment of uniform farm land acquisition policies will be beneficial to the public. The General Assembly finds that the Congress of the United States has, by enacting the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Public Law 91-646, made funds available for relocation assistance and the implementation of certain land acquisition policies. The General Assembly further finds that the Congress of the United States has, by the aforesaid statute, provided for the total cessation after July 1, 1972, of federal financial assistance for the construction of highways which will displace persons or businesses unless the State complies with the requirements of Public Law 91-646. The General

Page 933

Assembly finds and declares that the construction of highways with federal financial assistance is vital to the State and is in the best interest of the people of the State and that providing for the continuation of federal financial assistance at the highest possible level for the construction of highways is a legitimate public purpose. The General Assembly further finds that cost of providing the assistance and services herein provided for should be, and the same are hereby declared to be, part of the necessary cost of constructing highways. Intent. Section 3. The State Highway Department of Georgia is hereby authorized to and shall make or approve the payments required by section 210 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for the relocation expenses and replacement housing expenses of any person, family, business, farm operation, or non-profit organization displaced by federal-aid highway projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the State Highway Department of Georgia. Expenses. Section 4. The State Highway Department of Georgia is hereby authorized to and shall provide the relocation assistance advisory services required by section 210 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for any person, family, business, farm operation, or non-profit organization displaced by federal-aid highway projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the State Highway Department of Georgia. Relocation assistance. Section 5. The State Highway Department of Georgia is hereby authorized to and shall make or approve the payments required by section 305 (2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for expenses incident to the transfer of real property acquired by the Department, prepayment of mortgage

Page 934

penalties, and a pro rata portion of real property taxes on real property acquired by the Department from any person, family, business, farm operation, or non-profit organization displaced by federal-aid highway projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the State Highway Department of Georgia. Payments. Section 6. The State Highway Department of Georgia is hereby authorized to and shall make or approve the payments required by section 305 (2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for litigation, expenses of any person, family, business, farm operation, or non-profit organization actually incurred by the condemnee in any condemnation proceeding brought by the Department to acquire real property for a federal-aid highway project, the cost of which is now or hereafter financed in whole or in part from federal funds allocated to the State Highway Department of Georgia if the final judgment is that the Department cannot acquire the real property by condemnation or the condemnation proceedings is formally abandoned by the Department. Litigation expenses. Section 7. The State Highway Department of Georgia is hereby authorized to and shall make or approve the payments required by Section 305 (2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, for litigation expenses of any person, family, business, farm operation, or non-profit organization actually incurred by the plaintiff in any inverse condemnation proceeding brought against the State Highway Department of Georgia and in which judgment is rendered in favor of the plaintiff for real property taken by the Department in its execution of any federal-aid highway project, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the State Highway Department of Georgia. Same. Section 8. In acquiring real property for any federal-aid highway project, the costs of which are financed in whole

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or in part from federal funds allocated to the State Highway Department of Georgia, the Department shall be guided by the land acquisition policies required by section 305 (1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, and shall, to the greatest extent practicable, be guided by the following policies: Policies. (1) The Department shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property; (3) Before the initiation of negotiations for real property, the Department shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the Department's approved appraisal of the fair market value of such property. The Department shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount established by the Department as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated; (4) No owner shall be required to surrender possession of real property before the Department pays the agreed purchase price, or deposits with the court pursuant to a declaration of taking, or the award of assessors or the special master, for the benefit of the owner, an amount not less than the Department's approved appraisal of the fair market value of such property or the amount of the award of the assessors or special master; (5) The construction or development of a federal-aid highway project shall be so scheduled that, to the greatest

Page 936

extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available), or to move his business or farm operation, without at least 90 days written notice from the Department, of the date by which such move is required; (6) If the Department permits an owner or tenant to occupy the real property acquired on a rental basis for a short term, the amount of rent required shall not exceed the fair rental value of the property to a short term occupier; (7) In no event shall the Department either advance the time of condemnation, or defer negotiations or condemnation and deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property; (8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the Department shall institute formal condemnation proceedings. The Department shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; (9) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, as determined by the Department, the Department shall offer to acquire the entire property. Section 9. In acquiring property for any federal-aid highway project, the costs of which are financed in whole or in part from federal funds allocated to the State Highway Department of Georgia, the Department shall be guided by the land acquisition policies relating to buildings, structures, and improvements, specified by Section 305 (1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, and shall to the greatest extent practicable, be guided by the following policies: Policies.

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(1) Notwithstanding any other provision of law, if the Department acquires any interest in real property, it shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which it requires to be removed from such real property or which it determines will be adversely affected by the use to which such real property will be put; (2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (1) of this section, such building, structure, or other improvement shall be deemed to be part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor; (3) Payment under this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall bargain, sell, transfer, and convey to the Department all his right, title, and interest in and to such improvements. Nothing in this section shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with applicable law, other than this section. Section 10. Nothing contained in this Act shall be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of value or of damage. Section 11. The State Highway Department is hereby authorized to make such rules as may be necessary to provide

Page 938

for the administration of the financial assistance authorized by this Act. The determination by the Department of the amount of any payment and to whom it shall be paid may be appealed and judicially reviewed in the manner prescribed by the Georgia Administration Procedure Act, Ga. L. 1964, p. 338, as amended. Rules. Section 12. An Act approved April 18, 1969 (Ga. L. 1969, p. 495), known as the Highway Relocation Assistance Act, relating to the payment of relocation expenses, replacement housing expenses, and expenses incident to the transfer of real property incurred as a result of federal-aid highway projects, is hereby repealed. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. INTERSTATE AGREEMENT ON DETAINERS ACT. No. 1342 (House Bill No. 1673). An Act to enact into law the Interstate Agreement on Detainers; to provide that the State of Georgia shall be a party to said agreement; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Agreement on Detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the form substantially as follows: The contracting states solemnly agree that:

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Article I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, information or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures. Article II As used in this agreement: (a) State shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (b) Sending state shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof. (c) Receiving state shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof. Article III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of

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imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint, provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by the certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. (b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested. (c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. (d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is

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specially directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request. Article IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment

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in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner. (b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor. (c) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving State, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. (d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the

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sending state has not affirmatively consented to or ordered such delivery. (e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. Article V (a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending State shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian. (b) The officer or other representative of a State accepting an offer of temporary custody shall present the following upon demand: (1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given. (2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

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(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect. (d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which from the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution. (e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state. (f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow. (g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

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(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. Article VI (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter. (b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill. Article VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

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Article VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof. Article IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the Constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the Constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Section 2. The phrase appropriate court as used in the Agreement on Detainers shall, with reference to the courts of this State, mean the Superior Courts of this State. Appropriate court defined. Section 3. All courts, departments, agencies, officers and employees of this State and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. Cooperation. Section 4. It shall be unlawful for any person to escape from custody while in another state pursuant to the Agreement on Detainers, and punishable by confinement for not less than one or more than five years. Escape.

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Section 5. It shall be unlawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers. Operation of detainers. Section 6. The Director of the Department of Corrections shall serve as central administrator of and information agent for the Agreement on Detainers, pursuant to the provisions of Article VII of the Agreement. Central administrator. Section 7. Copies of this Act shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the Council of State Governments. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. AGRICULTUREPROVISION MADE FOR LICENSE ISSUANCE FOR DISTRIBUTION OF CERTAIN MILK, ETC. No. 1344 (House Bill No. 1683). An Act to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. L. 1961, p. 501), so as to provide for the issuance of permits or licenses by the Commissioner of Agriculture; to provide for the denial, revocation or cancellation of such permits or licenses; to provide that the Commissioner of Agriculture or his authorized representatives shall have exclusive authority to conduct all inspections and tests; to provide that the Commissioner of Agriculture shall have the authority to contract with municipalities and counties to perform inspections and tests; 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, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. L. 1961, p. 501), is hereby amended by striking section 10 of said Act in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. The Commissioner shall have the power and authority to issue a permit or license to any person, firm, or corporation doing business within the State and shall have the power and authority to deny, revoke, or cancel such permit or license, after notice and hearing, when the person, firm, or corporation is found to be in violation of any of the standards, rules, or regulations issued hereunder. The Commissioner or his authorized representatives shall have the exclusive authority to conduct all inspections and tests provided for in this Act. Provided, the Commissioner shall have the authority to contract with municipalities and counties to perform the inspections and tests provided for in this Act. License. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. DEFINITION OF DANGEROUS DRUGS CHANGED, ETC. Code Chapter 79A-7 Amended. No. 1345 (House Bill No. 1727). An Act to amend Code Chapter 79A-7, relating to dangerous drugs, as amended, so as to change the provisions relating to the definition of a dangerous drug; to change the provisions relating to drug permits and the distribution of dangerous drugs; to provide an effective date; to provide

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for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 79A-7, relating to dangerous drugs, as amended, is hereby amended by striking in its entirety Code section 79A-702, relating to the definition of a dangerous drug, and inserting a new Code section 79A-702, to read as follows: 79A-702. A `dangerous drug' shall mean: (a) Any drug which, under the `Federal Food, Drug and Cosmetic Act' (52 Stat. 1040 (1938)), 21 USC 301, may be dispensed only upon prescription. In any civil or criminal action or other proceedings, a certification from the Food and Drug Administration of the United States Department of Health, Education and Welfare attesting to the fact that a drug involved in the action or proceeding is a dangerous drug that federal law prohibits dispensing of that drug without a prescription pursuant to the `Federal Food, Drug and Cosmetic Act', shall be admissible as prima facie proof that such drug is a `dangerous drug' as defined herein. Code 79A-702 amended. (b) Any drug, substance or device declared by the State drug inspector to be a `dangerous drug' and included in the official publication of dangerous drugs compiled by the State drug inspector pursuant to the provisions of Code section 79A-306, as said official publication of dangerous drugs read on February 1, 1972. (c) No drug shall be a dangerous drug if the State Board of Pharmacy shall specifically determine that such drug is not dangerous or detrimental to the public health. Section 2. Said Code Chapter is further amended by striking in its entirety subsection (a) of Code section 79A-703, relating to drug crimes, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) A drug manufacturer, wholesaler, distributor or supplier holding a license or registration issued in accordance with the `Federal Food, Drug and Cosmetic Act' authorizing the holder to possess dangerous drugs, may possess dangerous drugs within this State, but may not distribute, sell, exchange, give away or by any other means supply dangerous drugs without a permit issued by the State Board of Pharmacy. Any drug manufacturer, wholesaler, distributor or supplier holding a permit issued by the State Board of Pharmacy may sell, give away, exchange or distribute dangerous drugs within this State, but only to a pharmacy, pharmacist, a practitioner of the healing arts, an educational institution licensed by the State, or to a drug wholesaler, distributor or supplier, and only if such distribution is made in the normal course of employment. Code 79A-703 amended. Section 3 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or 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 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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MOTOR VEHICLESCERTAIN SPEED LIMITS CHANGED. No. 1346 (House Bill No. 1730). An Act to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that whenever it is determined upon the basis of an engineering and traffic investigation that the maximum speed limit is less than reasonable under the conditions found to exist, the speed limit may be raised from 60 miles per hour to 65 miles per hour during the daylight hours and from 50 to 55 miles per hour during all other hours; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding a sentence at the end of paragraph 2 of subsection (b) of section 48, to read as follows: However, whenever the Director of Public Safety and the State Highway Board, upon request from the governing authority of any county, or upon their own initiative, shall determine upon the basis of an engineering and traffic investigation that any lawful speed limit hereinbefore set forth is less than is reasonable or safe under the conditions found to exist on any State Highway or upon any part thereof, or upon any extension thereof within a municipality, or upon any other street or highway in any unincorporated area, said Director may increase the speed limit to a maximum of 65 miles per hour during the daylight hours as specified and 55 miles per hour during all other times when appropriate signs giving notice thereof are erected., so that when so amended, paragraph 2 of subsection (b) of section 48 shall read as follows:

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2. 60 miles per hour maximum from one-half hour before sunrise until one-half hour after sunset. At other times 50 miles per hour maximum. However, whenever the Director of Public Safety and the State Highway Board, upon request from the governing authority of any county, or upon their own initiative, shall determine upon the basis of an engineering and traffic investigation that any lawful speed limit hereinbefore set forth is less than is reasonable or safe under the conditions found to exist on any State Highway or upon any part thereof, or upon any extension thereof within a municipality, or upon any other street or highway in any unincorporated area, said Director may increase the speed limit to a maximum of 65 miles per hour during the daylight hours as specified and 55 miles per hour during all other times when appropriate signs giving notice thereof are erected. Speed limits. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. INVASION OF PRIVACY ACT AMENDEDCERTAIN COMMUNICATION COMMON CARRIERS MAY PROVIDE CERTAIN ASSISTANCE. Code 26-3004 Amended. No. 1347 (House Bill No. 1731). An Act to amend Code section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasions of privacy, so as to provide that it shall not be unlawful under the provisions of Code Chapter 26-30 for an officer, employee, or agent of any communication common carrier to provide facilities or technical assistance to an investigative or law enforcement officer, who, pursuant to the provisions of this section, is authorized to intercept a wire or oral communication; to provide for other matters relative to

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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 section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasions of privacy, is hereby amended by adding at the end thereof a new subsection, to be designated subsection (1), to read as follows: (1) (a) It shall not be unlawful under the provision of this Chapter for an officer, employee, or agent of any communication common carrier to provide facilities or technical assistance to an investigative or law enforcement officer, who, pursuant to this Section, is authorized by warrant to intercept a wire or oral communication. Code 26-3004 amended. (b) An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian or other person shall furnish the applicant forthwith with such technical information, facilities, and technical assistance as is necessary to accomplish the interception unobtrusively and with minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates. (c) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law. 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. Approved April 3, 1972. EMINENT DOMAINAPPEALS TO JURY NOT TRIED AT NEXT TERM IS NO CAUSE FOR DISMISSAL. No. 1355 (House Bill No. 1762). An Act to amend an Act known as Act No. 461, entitled, An Act to prescribe the procedure for the exercise of the power of eminent domain by the State of Georgia, or any division, department, or branch of the government of the State of Georgia, or any county of such State for State-aid public road purposes; to provide for condemnation in rem of private property to public uses, etc., approved on the 5th day of April, 1961, and appearing in Volume One of the Acts of the General Assembly of Georgia for 1961, on pages 517-529, inclusive, so as to provide that in cases where an appeal is made as provided in section 10 of said Act, and the issues made by the appeal are not tried by a jury at the next term of the court after the filing of such notice of appeal, that the same shall be no cause for the dismissal of the appeal, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows, to wit: Section 1 . That section 10 of an Act approved April 5, 1961, known as Act No. 461, as it appears in Volume One of the Acts of the General Assembly of Georgia for 1961, on pages 517-529, inclusive, entitled, An Act to prescribe the procedure for the exercise of the power of eminent domain by the State of Georgia, or any division, department, or branch of the government of the State of Georgia, or any county of such State for State-aid public road purposes; to provide for condemnation in rem of private property to

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public uses, etc., be and the same is hereby amended by adding to said Section the following proviso, to-wit: If, for any reason, the issues made by the filing of the notice of appeal provided for in this section are not tried by a jury as to the value of the property taken and the consequential damages to the property not taken, at the next term of the court after the filing of such appeal, as provided herein, that such fact shall not be cause for dismissal of the appeal and that the issues made by such appeal shall be subject to trial at any future term of the court. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GAME AND FISHSALT WATER CRAWFISH SHIPPING PROVISIONS REPEALED, ETC. No. 1366 (House Bill No. 1806). An Act to amend an Act regulating the taking and possessing of salt water crawfish, approved March 21, 1970 (Ga. L. 1970, p. 591), so as to repeal certain provisions relative to shipment, processing and repackaging of such crawfish within the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act regulating the taking and possessing of salt water crawfish, approved March 21, 1970 (Ga. L. 1970, p. 591), is hereby amended by striking section 4, which reads as follows: 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

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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 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., Repealer. in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. COWETA JUDICIAL CIRCUITOFFICE OF ASSISTANT DISTRICT ATTORNEY CREATED. No. 1377 (House Bill No. 1821). An Act to create the office of Assistant District Attorney of the Coweta Judicial Circuit; 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 . There is hereby created in the Coweta Judicial Circuit an office to be known as Assistant District Attorney of the Coweta Judicial Circuit. The District Attorney of the Coweta Judicial Circuit shall appoint said assistant and he shall serve at the pleasure of the District Attorney. (a) The Assistant District Attorney shall have such authority as possessed by the District Attorney. When acting on behalf of the District Attorney, he shall have all the authority and power, as well as the duties of the District

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Attorney. The Assistant District Attorney shall be duly licensed to practice law in the courts of this State. Assistant District Attorney. (b) The Assistant District Attorney shall receive as compensation for his services such salary and expenses as shall be fixed by the District Attorney but not to exceed the amount of $16,000.00 per annum for salary and $2,400.00 per annum for expenses which shall be paid by the governing authorities of the counties comprising the Coweta Judicial Circuit from the funds of said counties, to-wit: Salary. Carroll County $ 5,428.00 Coweta County 3,772.00 Heard County 920.00 Meriwether County 2,907.20 Troup County 5,372.80 TOTAL $ 18,400.00 (c) The governing authority for the County of Troup shall act as paying agent for the counties comprising the Coweta Judicial Circuit and such counties comprising said circuit shall pay to the governing authority of Troup County such amounts per annum as provided in this Act plus applicable employer/employee taxes. Section 2 . Payments shall not be required of the counties as stipulated herein unless matching Law Enforcement Assistance Act funds are approved. 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 January, 1972 Session of the General Assembly of Georgia a Bill to create and provide for an Assistant District Attorney

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for the Coweta Judicial Circuit and to provide for compensation and expenses connected therewith and for other purposes. /s/ Eldridge W. Fleming District Attorney Coweta Judicial Circuit Georgia, Carroll County. Personally appeared before the undersigned authority, Stanley Parkman, who, being first sworn according to law, says that he is the publisher of the Carroll County Georgian, the official newspaper in which the Sheriff's advertisements, in and for said County are published and that the publication of which the annexed is a true copy, was published in said paper on the 6th day of January, 1972 and once each week thereafter for a total of three consecutive weeks as provided by law. This 27th day of January, 1972. /s/ Stanley Parkman Sworn to and subscribed before me, this 27th day of January, 1972. /s/ Mrs. Martha L. Smith Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1972 session of the General Assembly of Georgia a bill to create and provide for an Assistant District Attorney for the Coweta Judicial Circuit and to provide for compensation and expenses connected therewith and for other purposes. /s/ Eldridge W. Fleming, District Attorney, Coweta Judicial Circuit

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Georgia, Coweta County. Personally appeared before the undersigned authority, James J. Thomasson, who, being first sworn according to law, says that he is the publisher of The Newnan Times-Herald, the official newspaper in which the Sheriff's advertisements, in and for said County are published and that the publication of which the annexed is a true copy, was published in said paper on the 6th day of January, 1972 and once each week thereafter for a total of three consecutive weeks as provided by law. This 24th day of January, 1972. /s/ James J. Thomasson Sworn to and subscribed before me, this 24th day of January, 1972. /s/ Ella Parks MacNabb Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1972 session of the General Assembly of Georgia a bill to create and provide for an Assistant District Attorney for the Coweta Judicial Circuit, and to provide for compensation and expenses connected therewith, and for other purposes. /s/ Eldridge W. Fleming, District Attorney, Coweta Judicial Circuit Georgia, Meriwether County. Personally appeared before the undersigned authority, Bob Tribble, who, being first sworn according to law, says that he is the publisher of the Meriwether-Vindicator, the official newspaper in which the Sheriff's advertisements, in and for said County are published and that the publication of which the annexed is a true copy, was published in said

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paper on the 6th day of January, 1972 and once each week thereafter for a total of three consecutive weeks as provided by law. This 20th day of January, 1972. /s/ Bob Tribble Sworn to and subscribed before me, this 20th day of January, 1972. /s/ Mike Hale Notary Public (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1972 Session of the General Assembly of Georgia a Bill to create and provide for an Assistant District Attorney for the Coweta Judicial Circuit and to provide for compensation and expenses connected therewith and for other purposes. /s/ Eldridge W. Fleming, District Attorney, Coweta Judicial Circuit Georgia, Troup County. Personally appeared before the undersigned authority, Glen Long, who, being first sworn according to law, says that he is the publisher of The LaGrange Daily News, the official newspaper in which the Sheriff's advertisements, in and for said County are published and that the publication of which the annexed is a true copy, was published in said paper on the 7th day of January, 1972 and once each week thereafter for a total of three consecutive weeks as provided by law. This 20th day of January, 1972. /s/ Glen O. Long

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Sworn to and subscribed before me, this 21st day of January, 1972. /s/ Sue K. Whatley Notary Public My Commission Expires March 6, 1972. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1972 Session of the General Assembly of Georgia a Bill to create and provide for an Assistant District Attorney for the Coweta Judicial Circuit and to provide for compensation and expenses connected therewith and for other purposes. /s/ Eldridge W. Fleming District Attorney, Coweta Judicial Circuit Georgia, Heard County. Personally appeared before the undersigned authority, B. T. McCutchen, who, being first sworn according to law, says that he is the publisher of The News and Banner, the official newspaper in which the Sheriff's advertisements, in and for said County are published and that the publication of which the annexed is a true copy, was published in said paper on the 5th day of January, 1972 and once each week thereafter for a total of three consecutive weeks as provided by law. This 24th day of January, 1972. /s/ B. T. McCutchen Sworn to and subscribed before me, this 24th day of January, 1972. /s/ Talmadge Davis C.S.C. (Seal). Approved April 3, 1972.

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EDUCATIONIMMUNIZATION FOR SICKLE CELL ANEMIA REQUIRED FOR ADMISSION TO PUBLIC SCHOOLS. Code Chapter 88-12 Amended. No. 1378 (House Bill No. 1825). An Act to amend Code Chapter 88-12, relating to control of preventable diseases, as amended, so as to provide that the Department of Public Health, or its successor agency or department, shall promulgate appropriate rules and regulations governing tests for Sickle Cell Anemia or Sickle Cell Trait; to provide that it shall be the duty of the Department of Public Health and each county board of health and county department of health and their successor agencies or departments to furnish counsel and advice to certain persons; to provide for 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. Code Chapter 88-12, relating to control of preventable diseases, as amended, is hereby amended by striking Code section 88-1201.1, relating to rules and regulations for tests for Phenylketonuria, in its entirety and inserting in lieu thereof a new Code section 88-1201.1, to read as follows: Section 88-1201.1. Rules and Regulations for Tests for Phenylketonuria and Sickle Cell Anemia and Sickle Cell Trait. (a) The Department of Public Health, or its successor agency or department, shall promulgate appropriate rules and regulations governing tests for phenylketonuria and Sickle Cell Anemia and Sickle Cell Trait so that nearly as possible all newborn infants who are susceptible or likely to have phenylketonuria, Sickle Cell Anemia or Sickle Cell Trait shall receive a test for phenylketonuria, Sickle Cell Anemia or Sickle Cell Trait, or all of them, as soon after birth as successful testing and treatment for such conditions may be initiated; Provided, however, the provisions of this

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section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices. Code 88-1201.1 amended. (b) If any such child is found to have phenylketonuria, Sickle Cell Anemia or Sickle Cell Trait, it shall be the duty of the examining physician or public health department to inform the parents of such child that the child has phenylketonuria, Sickle Cell Anemia or Sickle Cell Trait and, if such child has Sickle Cell Anemia or Sickle Cell Trait, that counselling relative to the nature of the disease, its effects, and its treatment is available, without cost from the Department of Public Health and the county board of health or department of health. It shall be the duty of the Department of Public Health and each county board of health and county department of health, or their successor agencies or departments, to furnish counselling and advice to any persons requesting such counselling relative to Sickle Cell Anemia or Sickle Cell Trait, its characteristics, symptoms, traits, effects, and treatment. Such counselling shall be furnished without cost to the person requesting it. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GAME AND FISHCONTRACTS WITH PRIVATE LANDOWNERS FOR PUBLIC FISHING AREAS AUTHORIZED. 1401 (House Bill No. 1914). 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 authorize the Commission to contract with private landowners for the purpose of allowing the Commission to manage and operate public fishing areas on the property

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of such private landowners; to authorize the Commission to contract with private landowners for the purpose of allowing the Commission to conduct public managed hunts on the property of such private landowners; 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 adding to section 30 thereof a new subsection to be designated as subsection (g) and to read as follows: (g) The Commission is hereby authorized to contract with private landowners for the purpose of managing and operating public fishing areas on the property of such private landowners. Contracts. Section 2. Said Act is further amended by designating present section 70C as subsection (a) thereof and by adding a new subsection (b) to section 70C to read as follows: (b) The Commission is hereby authorized to contract with private landowners for the purpose of allowing the Commission to conduct public managed hunts on the property of such private landowners. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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COMPENSATION OF CORONERS OF CERTAIN COUNTIES CHANGED (33,000-34,000). Code 21-105 Amended. No. 1402 (House Bill No. 1915). An Act to amend an Act amending Code section 21-105 and changing the compensation of coroners in certain counties, approved April 4, 1967 (Ga. L. 1967, p. 415), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 472), so as to change the compensation of the coroners in certain counties; 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 amending Code Section 21-105 and changing the compensation of coroners in certain counties, approved April 4, 1967 (Ga. L. 1967, p. 415), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 472), 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. Code section 21-105, relating to fees paid to coroners, as amended, is hereby amended by adding at the end of said section, the following: `In all counties of this State having a population of not less than 33,000 and not more than 34,000 according to the United States Census of 1970, or any future such census, the coroner is hereby placed on a salary and shall be compensated in the amount of $200.00 per month, to be payable monthly from the funds of such county, and such coroners shall receive reimbursement of such expenses as shall be authorized by the Board of County Commissioners of any such county. In addition thereto, the coroners shall be authorized to engage court reporters for the purpose of taking and transcribing testimony in inquests, and the coroners are authorized to pay such court reporters the sum of up to twenty-five ($25.00) dollars per day for such services, and

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said funds shall be paid from the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of such counties. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall become the property of such counties and shall be paid to the fiscal officer of such counties, at least once a month.' Section 2. This Act shall become effective on January 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. GEORGIA SAFETY FIRE COMMISSIONER AND STAFFARREST POWERS CLARIFIED. No. 1409 (House Bill No. 1926). An Act to amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 509), so as to clarify the arrest powers of the State Fire Marshal and his appointed staff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 509), is hereby amended by striking section 20A in its entirety and inserting in lieu thereof a new section 20A, to read as follows:

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Section 20A. The State Fire Marshal, or any of his appointed staff, are hereby granted authority and power which sheriffs have to make arrests, either physical or by warrant, of any persons violating or charged with violating any of the criminal statutes of this State relating to arson. In case of physical arrests, the State Fire Marshal, or any of his appointed staff, shall immediately deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed. The duty of the sheriff as to the person delivered to him by any person arresting under the provisions of this Act shall be the same as if the sheriff himself had made the original arrest. Subject to the approval of the Commissioner, the State Fire Marshal, or any of his deputies, assistants and inspectors, are hereby authorized and empowered to carry weapons in order to enforce the provisions of this Act. Arrest powers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. HOUSTON JUDICIAL CIRCUITTERMS FOR DRAWING GRAND JURIES CHANGED. No. 1417 (House Bill No. 1970). An Act to amend an Act creating the Houston Judicial Circuit, approved April 16, 1969 (Ga. L. 1969, p. 427), as amended, so as to change the terms for the drawing of Grand Juries; 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 Houston Judicial Circuit, approved April 16, 1969 (Ga. L. 1969, p. 427), as amended, is hereby amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows:

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Section 5. The Judge of the Superior Court of Houston County, Georgia, shall draw a Grand Jury for the January and July terms of said Court, and, in his discretion, he may draw or require the attendance of a Grand Jury upon any or all other terms of said Court, or may call back the Grand Jury which was last drawn and impaneled, provided, that the Grand Jury, which is now in attendance upon the present term of said Court and which is now serving, shall continue to serve as the Grand Jury until the July, 1972, term of said Court unless earlier discharged by the Judge. Terms. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce Bill in the General Assembly of Georgia to amend the Act setting forth the number of Grand Juries to be called in Houston County and the terms for which said Grand Juries shall be called. /s/ E. Vince Moyer Warner Arms Apartments Warner Robins, Georgia 31093 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Vince Moyer who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 13, 20, and 27, 1972. /s/ E. Vince Moyer Representative, 41st District

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Sworn to and subscribed before me, this 23rd day of February, 1972. /s/ Bobbie H. Hayes Notary Public, Georgia State at Large My Commission Expires Dec. 20, 1975. (Seal). Approved April 3, 1972. CERTAIN CORONERS SALARIES CHANGED (250,000-500,000). Code 21-105 Amended. No. 1421 (House Bill No. 1984). An Act to amend an Act amending Code section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, approved April 18, 1967 (Ga. L. 1967, p. 782) so as to change the salary of such coroners; 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 amending Code section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, approved April 18, 1967 (Ga. L. 1967, p. 782) is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. That section 21-105 of the Code of Georgia of 1933 be, and the same is hereby amended, by adding to said section the following words: Code 21-105 amended. `In all counties of this State having a population of not less than 250,000, and not more than 500,000, according to the United States census of 1970, or any future United

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States census, the coroner shall receive an annual salary, payable monthly out of the county treasury, in lieu of the fees allowed a coroner by law for holding inquests. Said salary shall be in the sum of $10,164.00 per annum.' Section 2. This Act shall become effective on January 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. MINIMUM FOUNDATION PROGRAM FOR EDUCATION ACT AMENDEDCERTAIN SCHOOL BUS DRIVERS SALARIES PROVIDED. No. 1429 (House Bill No. 2026). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, particularly by an Act approved March 3, 1966 (Ga. L. 1966, p. 153), so as to change the provisions relative to minimum salaries established by the State Board of Education of drivers of certain school buses; to change the provisions relative to the limitation on school buses to which the minimum salary provisions apply; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, particularly by an Act approved March 3, 1966 (Ga. L. 1966, p. 153), is hereby amended by striking subsection (b) of section 18 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows:

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(b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than $125 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County or area school systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county or area school system. The expense of purchasing, maintaining and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this section. This Section shall not apply to student or teacher drivers. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972. COUNTIESBOARD OF CORRECTIONSREIMBURSEMENT FOR BURIAL OF CERTAIN PAUPERS. Code Chapter 23-23 Amended. No. 1450 (House Bill No. 1388). An Act to amend Code Chapter 23-23, relating to paupers, as amended, so as to provide reimbursement for a county where it expends funds for the burial of certain paupers under the jurisdictional control of the State Board of Corrections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 23-2304, relating to burial of

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paupers, as amended, is hereby amended by adding at the end of said existing Code section, the following proviso to read, Provided that the State Board of Corrections is hereby authorized to reimburse the governing authority of said county where expenditures have been made in accordance with this section and, the funds so expended were for the burial of any prisoner or inmate under the authority, jurisdiction, or control of the State Board of Corrections; but in no case shall the governing authority of such county be entitled to reimbursement where the deceased was in the custody of a county public works camp or other county prison or facility., so that said section when amended shall read as follows: 23-2304. Burial, appropriation for.Whenever any person shall die in this State, whose family and immediate kindred are indigent and unable to provide for the decent interment of such decedent, and where the decedent is a pauper and destitute of the means of paying for decent interment, the governing authority of the county wherein said death shall occur shall make available from county funds a sum sufficient to provide a decent interment of such deceased pauper, or to reimburse such person as may have expended the cost thereof voluntarily. In no event shall a sum to be made available by the county be less than $75 and more than $125, the exact amount thereof to be determined by the governing authority of such county. Provided that the State Board of Corrections is hereby authorized to reimburse the governing authority of said county where expenditures have been made in accordance with this section and, the funds so expended were for the burial of any prisoner or inmate under the authority, jurisdiction, or control of the State Board of Corrections; but in no case shall the governing authority of such county be entitled to reimbursement where the deceased was in the custody of a county public works camp or other County prison or facility. Code 23-2304 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1972.

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GWINNETT JUDICIAL CIRCUITDISTRICT ATTORNEY'S INVESTIGATORSDUTIES PROVIDED, ETC. No. 1458 (House Bill No. 1335). An Act to amend an Act creating the Gwinnett Judicial Circuit, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 48), and an Act approved March 13, 1970 (Ga. L. 1970, p. 289), so as to change the compensation of the secretary of the District Attorney of said circuit; to change the compensation of the investigator for the District Attorney of said circuit; to provide for the employment of additional investigators; to provide for their powers, duties and responsibilities; to provide for a supplement of the compensation to the District Attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Gwinnett Judicial Circuit, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 48), and an Act approved March 13, 1970 (Ga. L. 1970, p. 289), is hereby amended by striking the next to the last sentence of section 2 and substituting in lieu thereof the following: The District Attorney shall be authorized to employ such secretary, who shall be paid by Gwinnett County in an amount to be fixed by the governing authority of said county. Secretary. Section 2. Said Act is further amended by striking in its entirety section 2-A, relating to the investigator for the District Attorney, and substituting in lieu thereof the following: Section 2-A (a) The District Attorney of the Gwinnett Judicial Circuit is hereby authorized to employ a chief investigator. The District Attorney shall fix the compensation

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to be received by said chief investigator. It shall be within the sole power and authority of said District Attorney during his term of office to designate and name the person who shall be employed as the chief investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. The said chief investigator shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer and perform the same duties as may be performed by a sheriff. Investigator. Powers. (b) The District Attorney shall be authorized to appoint such additional investigators as the governing authority of Gwinnett County shall approve. The District Attorney, subject to the approval of said governing authority, shall fix the compensation of each such investigator. Said investigator shall have the same powers, duties and responsibilities of the chief investigator. In addition thereto, the chief investigator and all additional investigators shall serve as the subpoena clerks of the superior court for the purpose of summoning witnesses before the grand and traverse juries of Gwinnett County. Additional investigators. (c) The expenses connected with the furnishing of the investigators as provided for herein shall be met out of county funds. The governing authority of Gwinnett County is authorized to furnish such supplies, equipment, automobiles, office space and to provide for the reimbursement of such other miscellaneous expenses as shall be required or incurred in connection with the official duties of said investigators. Expenses. Section 3 . Said Act is further amended by inserting following section 2B a new section, to be known as section 2C, to read as follows: Section 2C. In addition to the present compensation and allowances being received by the District Attorney of the Gwinnett Judicial Circuit, he may receive a supplement thereto from the funds of Gwinnett County in such amount as shall be fixed by the governing authority of said county. Salaries.

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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. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the January, 1972 session of the General Assembly of Georgia a bill to amend the Act creating the Gwinnett Judicial Circuit so as to provide for additional duties of the District Attorney's investigator, to authorize additional investigators as directed by the governing authorities; to provide for compensation for said investigators and the District Attorney's secretary; to provide a supplement to the compensation of the District Attorney of said Court; to repeal conflicting laws and for other purposes. Georgia, Gwinnett County. Personally appeared before the undersigned authority, Robert D. Fowler, who, being first sworn according to law, says that he is the publisher of the Gwinnett Daily News, the official newspaper in which the sheriff's advertisements, in and for said County are published and that the publication of which the annexed is a true copy, was published in said paper on the 24th day of December, 1970 and once each week thereafter for a total of three consecutive weeks as provided by law. This 17th day of January, 1972. /s/ Robert D. Fowler Sworn to and subscribed before me, this 17th day of January, 1972. /s/ Janice L. Bulloch Notary Public, Gwinnett County, Georgia. Approved April 3, 1972.

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GROUNDWATER USE ACT OF 1972. No. 1478 (House Bill No. 1244). An Act to provide for the regulation of use of groundwaters in certain areas of this State under certain conditions; to provide a short title; to provide for declaration of policy; to provide for the Environmental Protection Division of the Department of Natural Resources to administer the provisions of this Act; to provide for powers and duties; to provide for definitions; to provide for delineation and modification of capacity use areas; to provide for defining capacity use areas; to provide for procedures and hearings connected therewith; to provide for permits for use of groundwater; to provide for procedures and hearings connected therewith; to provide for penalties and injunctive relief; to provide for investigations and right of entry by the Division and its designated agents; to provide for rules and regulations; to provide for exclusions; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act shall be known and may be cited as the Groundwater Use Act of 1972. Section 2. Declaration of Policy . It is hereby declared that the general welfare and public interest require that the water resources of the State be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation in order to conserve these resources and to provide and maintain conditions which are conducive to the development and use of water resources. Section 3. Definitions. Unless the context otherwise requires, the following terms as used in this Act are defined as follows: (a) area of the State means any municipality or county or portion thereof or other substantial geographical area of the State as may be designated by the Division;

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(b) Division means the Environmental Protection Division of the Department of Natural Resources; (c) consumptive use means any use of water withdrawn from the ground other than a nonconsumptive use, as defined in this Act; (d) nonconsumptive use means the use of water withdrawn from a groundwater system or aquifer in such a manner that it is returned to the groundwater system or aquifer from which it was withdrawn without substantial diminution in quantity or substantial impairment in quality at or near the point from which it was withdrawn; provided, however, that (in determining whether a use of groundwater is nonconsumptive) the Division may take into consideration whether any material injury or detriment to other water users of the area by reason of reduction of water pressure in the aquifer or system has not been adequately compensated by the permit applicant who caused or substantially contributed to such injury or detriment; (e) person shall mean any and all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or any other state or county; (f) groundwater means water of underground streams, channels, artesian basins, reserviors, lakes and other water under the surface of the earth whether percolating or otherwise, whether public or private, natural or artificial, which is contained within, flows through, or borders upon this State or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction; (g) aquifer means a geologic formation, group of such formations, or a part of such a formation that is water bearing; (h) well means any excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose

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of locating, testing or withdrawing groundwater or for evaluating, testing, developing, draining or recharging any groundwater reservoirs or aquifer, or that may control, divert, or otherwise cause the movement of water from or into any aquifer; provided, however, this shall not include a well constructed by an individual on land which is owned or leased by him, appurtenant to a single family dwelling, and intended for domestic use (including household purposes, farm livestock or gardens). (i) notwithstanding any other provisions of this Act, this Act shall not apply to water used for agricultural irrigation purposes. Section 4. Delineation and Modification of Capacity Use Areas. (a) The Division, may declare and delineate from time to time, and may modify, capacity use areas of the State where it finds that the use of groundwater requires coordination and limited regulation for protection of the interests and rights of residents or property owners of such areas or of the public interest; (b) within the meaning of this Act, a capacity use area is one where the Division finds that the aggregate uses of groundwater in or affecting such area (1) have developed or threatened to develop to a degree which requires coordination and regulation, or (2) exceed or threaten to exceed or otherwise threaten or impair, the renewal or replenishment of such waters or any part of them; (c) the Division may declare and delineate capacity use areas in accordance with the following procedures: (1) Whenever the Division, believes that a capacity use situation exists or may be emerging in any area of the State, it may direct its Director of the Environmental Protection Agency to conduct an investigation and report to the Division thereon. (2) In conducting the investigation the Director of the

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Environmental Protection Agency shall consult with all interested persons, groups and agencies, may retain consultants, and shall consider all factors relevant to the conservation and use of water in the area. The report shall include the Director of the Environmental Protection Agency's findings and recommendations as to the water use problems of the area involving ground water, whether effective measures can be employed limited to groundwater, and whether timely action by any agency or person may preclude the need for additional regulation at that time. The report shall also include such other findings and recommendations as may be deemed appropriate, including recommended boundaries for any capacity use area that may be proposed. (3) If the Division finds, following its review of the report (or thereafter following its evaluation of measures taken falling short of regulation) that a capacity use area should be declared, it may adopt an order declaring the capacity use area. Prior to adopting such an order the Division shall give notice of its proposed action and shall conduct one or more public hearings with respect to such proposed action. (4) Such notice shall be given not less than thirty days before the date of such hearing and shall state the date, time and place of hearing, the subject of the hearing, and the action which the Division proposes to take. The notice shall either include details of such proposed action, or where such proposed action is too lengthy for publication, the notice shall specify that copies of such detailed proposed action shall be obtained on request from the office of the Division in sufficient quantity to satisfy the requests of all interested persons. (5) Any such notice shall be published at least once in one newspaper of general circulation circulated in each county of the State in which the water area affected is located, and a copy of such notice shall be mailed to each person on the mailing list required to be kept by the Division pursuant to the provisions of Section 6. (6) Any person who desires to be heard at any such

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public hearing shall give notice thereof in writing to the Division on or before the first date set for the hearing. The Division is authorized to set reasonable time limits for the oral presentation of views by any one person at any such public hearing. The Division shall permit anyone who so desires to file a written argument or other statement with the Division in relation to any proposed action of the Division any time within thirty days following the conclusion of any public hearing or within any such additional time as the Division may allow by notice given as prescribed in this Section. (7) Upon completion of hearings and consideration of submitted evidence and arguments with respect to any proposed action by the Division pursuant to this Section, the Division shall adopt its final action with respect thereto and shall publish such final action as part of its official regulations. The Division is empowered to modify or revoke from time to time any final action previously taken by it pursuant to the provisions of this Section, any such modification, or revocation, however, to be subject to the procedural requirements of this Act, including notice and hearing. If the Division finds and orders that a capacity use area shall be declared, its orders shall include a delineation of the boundary of the area, and the Division shall instruct its Director of the Environmental Protection Agency to prepare proposed regulations consistent with the provisions of this Act and commensurate with the degree of control needed from among the classes of permissible regulations set forth in Section 5. Section 5. Regulation of Use of Groundwaters in Capacity Use Areas. (a) Following the declaration of a capacity use area by the Division, it shall prepare proposed regulations to be applied in said area, containing such of the following provisions as the Division find appropriate concerning the use of groundwaters: (1) provisions requiring water users within the area to submit reports not more frequently than at thirty-day

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intervals concerning quantity of water used or withdrawn, sources of water and the nature of the use thereof; (2) with respect to groundwaters, provisions concerning the timing of withdrawals, provisions to protect against or abate saltwater encroachment, provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use; (3) with respect to groundwaters, provisions concerning well depth and spacing controls and provisions establishing a range of prescribed pumping levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on the capacities and characteristics of the aquifer; (4) such other provisions not inconsistent with this Act as the Division finds necessary to implement the purposes of this Act. (b) The Division shall conduct one or more hearings upon the proposed regulations, upon notice, in accordance with the requirements of subsection (c) (4), (5) and (6) of section 4. Upon completion of the hearings and consideration of submitted evidence and arguments with respect to any proposed regulation, the Division shall adopt its final action with respect thereto, and shall publish such final action as part of its official regulations. The Division is empowered to modify or revoke from time to time any final action previously taken by it pursuant to the provisions of this Section, any such modifications or revocations, however, to be subject to the procedural requirements of this Act, including notice and hearing. (c) Any person aggrieved by the final action on any proposed regulations may, within fifteen days after such final action, petition for a hearing before the Division. Such hearing shall be held in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended.

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(d) Any person who has exhausted all administrative remedies available within this Section and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. Section 6. Permit Required for Use of Groundwater in Excess of One Hundred Thousand Gallons Per Day; Procedure before Division; Appeals; Matters to be Considered by Division. (a) In areas declared by the Division to be capacity use areas no person shall (after the expiration of such period, not in excess of six months, as the Division may designate) withdraw, obtain or utilize groundwaters in excess of one hundred thousand gallons per day for any purpose unless such person shall first obtain a permit therefor from the Division. (b) When sufficient evidence is provided by the applicant that the water withdrawn or used from the ground is not consumptively used, a permit therefor shall be issued by the Division without a hearing and without the conditions provided in subsection (c) of this section. Applications for such permits shall set forth such facts as the Division shall deem necessary to enable it to establish and maintain adequate record of all water uses within the capacity use area. (c) In all cases in which sufficient evidence of a nonconsumptive use is not presented the Division shall notify each person required by this Act to secure a permit, of the Division's proposed action concerning such permit, and shall transmit with such notice a copy of any permit it proposed to issue to such persons, which permit will become final unless a request for a hearing is made within fifteen days from the date of service of such notice. The Division shall have the power: (1) to grant such permit with conditions as the Division deems necessary to implement the regulations adopted pursuant to section 5;

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(2) to grant any temporary permit for such period of time as the Division shall specify where conditions make such temporary permit essential, even though the action allowed by such permit may not be consistent with the Division's regulations applicable to such capacity use area; (3) to modify or revoke any permit upon not less than sixty days' written notice to any person affected; (4) to deny such permit if the application therefor or the effect of the water use proposed or described therein upon the water resources of the area is found to be contrary to public interest. Any water user wishing to contest the proposed action shall be entitled to a hearing upon request therefor. (d) In any proceeding pursuant to this section or section 7, the Division shall give notice with respect to all steps of the proceeding only to each person directly affected by such proceeding who shall be made a party thereto. In all proceedings pursuant to section 4 or section 5 the Division shall give notice as provided by these sections, and it shall also give notice of all its official acts (such as the adoption of regulations or rules of procedure) which have, or are intended to have, general application and effect, to all persons on its mailing list on the date when such action is taken. It shall be the duty of the Division to keep such a mailing list on which it shall record the name and address of each person who requests a listing thereon, together with the date of receipt of such request. Any person may, by written request to the Division, ask to be permanently recorded on such a mailing list. (e) Any hearing pursuant to this Section shall be held in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. (f) Any person who has exhausted all administrative remedies available within this Section and who is aggrieved by a final decision in a contested case is entitled to judicial review as provided by the Georgia Administrative Procedure

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Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. (g) In adopting any regulations pursuant to the provisions of section 5 and in considering permit applications, revocations or modifications under this section, the Division shall consider: (1) the number of persons using an aquifer and the object, extent and necessity of their respective withdrawals or uses; (2) the nature and size of the aquifer; (3) the physical and chemical nature of any impairment of the aquifer, adversely affecting its availability or fitness for other water uses (including public use); (4) the probable severity and duration of such impairment under foreseeable conditions; (5) the injury to public health, safety or welfare which results if such impairment were not prevented or abated; (6) the kinds of businesses or activities to which the various uses are related; (7) the importance and necessity of the uses claimed by permit applicants (under this Section), or of the water uses of the area (under Section 5) and the extent of any injury or detriment caused or expected to be caused to other water uses (including public use); (8) diversion from or reduction of flows in other water-courses or aquifers; (9) any other relevant factors. Section 7. Duration of Permit; Renewal; Transfer; Determination of Amount of Water Withdrawn or Used; Use of Water Pending Issuance of Permit.

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(a) No permit under section 6 shall be issued for a longer period than the longest of the following: (1) ten years; or (2) the duration of the existence of a capacity use area; or (3) the period found by the Division to be necessary for reasonable amortization of the applicant's water withdrawal and water-using facilities. Permits may be renewed following their expiration upon compliance with the provisions of Section 6. (b) Permits shall not be transferred except with the approval of the Division. (c) Every person in a capacity use area who is required by this Act to secure a permit shall file with the Division in the manner prescribed by the Division a certified statement of quantities of water used and withdrawn, sources of water, and the nature of the use thereof not more frequently than thirty-day intervals. Such statements shall be filed on forms furnished by the Division within ninety days after the adoption of an order by the Division declaring a capacity use area. Water users in a capacity use area not required to secure a permit shall comply with procedures established to protect and manage the water resources of the area. Such procedures shall be adapted to the specific needs of the area, shall be within the provisions of this Act and shall be adopted after public hearing in the area. The requirements embodied in the two preceding sentences shall not apply to individual domestic water use. (d) If any person who is required to secure a permit under this Act is unable to furnish accurate information concerning amounts of water being withdrawn or used, or if there is evidence that his certified statement is false or inaccurate or that he is withdrawing or using a larger quantity of water or under different conditions than has been authorized by the Division, the Division shall have the

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authority to require such person to install water meters, or some other more economical means for measuring water use acceptable to the Division. In determining the amount of water being withdrawn or used by a permit holder or applicant the Division may use the rated capacity of his pumps, the rated capacity of his cooling system, data furnished by the applicant, or the standards or methods employed by the United States Geological Survey in determining such quantities or by any other accepted method. (e) In any case where a permit applicant can prove to the Division's satisfaction that the applicant was withdrawing or using water prior to the date of declaration of a capacity use area, the Division shall take into consideration the extent to which such prior use or withdrawal was reasonably necessary in the judgment of the Division to meet his needs, and shall grant a permit which shall meet those reasonable needs. Provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use. (f) The Division shall also take into consideration in the granting of any permit the prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the Division within a reasonable time after July 1, 1972. Provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use. (g) Pending the issuance or denial of a permit pursuant to subsection (e) or (f) of this Section, the applicant may continue the same withdrawal or use which existed prior to the date of declaration of the capacity use area. Section 8. Penalties for Violations; Injunctive Relief. (a) 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.

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(b) In addition, upon violation of any of the provisions of this Act, or the regulations of the Division, the Director of the Environmental Protection Agency may, either before or after the institution of criminal proceedings, institute a civil action in the name of the State for injunctive relief. Section 9. Maps, Descriptions, Etc., Defining Boundaries of Capacity Use Areas. (a) The Division in designating and the Director of the Environmental Protection Agency in recommending the boundaries of any capacity use area may define such boundaries by showing them on a map or drawing, by a written description, or by any combination thereof, to be designated appropriately and filed permanently by the Division. Alterations in these lines shall be indicated by appropriate entries upon or additions to such map or description. Such entries shall be made under the direction of the Director of the Environmental Protection Agency. Photographic, typed or other copies of such map or description, certified by the Director of the Environmental Protection Agency, shall be admitted in evidence in all courts and shall have the same force and effect as would the original map or description. If the boundaries are changed pursuant to other provisions of this Act, the Director of the Environmental Protection Agency may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or all maps which it is designated to replace. (b) The Director of the Environmental Protection Agency shall file with the Secretary of State a certified copy of the map, drawings, description or combination thereof, showing the boundaries of any capacity use area designated by the Division; and a certified copy of any redrawn or altered map or drawing, and of any amendments or additions to written descriptions, showing alterations to such boundaries. Section 10. Investigations by Division; Right of Entry. The Division shall have the right to conduct such investigations as may reasonably be necessary to carry out its duties

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prescribed in this Act, and for this purpose to enter at reasonable times any property, public or private, for the purpose of investigating the condition, withdrawal or use of any waters, investigating water sources, or investigating the installation or operation of any well and to require written statements or the filing of reports under oath, with respect to pertinent questions relating to the installation or operation of any well; provided, that no person shall be required to disclose any secret formula, processes or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision. No person shall refuse entry or access to any authorized representative of the Division who requests entry for the purposes of a lawful inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties consistent with the provisions of this Act. Section 11. Rules and Regulations. The Division may adopt and modify from time to time rules and regulations to implement the provisions of this Act. Section 12. Law as to Use of Surface Water not Affected. Nothing contained in this Act shall change or modify existing common or statutory law with respect to the rights of the use of surface water in this State. Section 13. The provisions of this Act shall not apply to any poultry processing plant in the State. Exemption. Section 14. Additional Personnel within the Environmental Protection Division. The Director of the Environmental Protection Agency is hereby authorized to employ, on a full or part-time basis, such professional personnel, clerical or other employees, as may be necessary to discharge the additional duties of the Environmental Protection Division. Section 15. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or

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adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1972. MOTOR VEHICLESPROVISIONS OF INSPECTION CHANGED, ETC. No. 1479 (Senate Bill No. 481). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1954, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 19, 1971 (Ga. L. 1971, p. 188), so as to provide that devices controlling or abating atmospheric emissions installed on motor vehicles by the manufacturer shall be added to the list of equipment subject to inspection and shall be made a part of the annual inspection of motor vehicles; to prohibit the placement of a valid motor vehicle inspection sticker on certain vehicles; to provide for additional requirements relative to brake drums; to provide that the inspection of headlights shall be accomplished in accordance with the requirements to be prescribed by the Director of the Department of Public Safety; to provide additional requirements

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for the inspection of ball joints; to provide the procedure for the replacement of annual inspection stickers on motor vehicles of which the windshield has been replaced due to damage; 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 Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1954, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 19, 1971 (Ga. L. 1971, p. 188), is hereby amended by adding a new subsection at the end of section 117A, to be designated subsection (f), to read as follows: (f) Any such device as described in subsection (a) of this section shall be added to the list of equipment subject to inspection and shall be made a part of annual inspection of motor vehicles required by Article XVI of this Act. Before a valid motor vehicle inspection sticker can be placed on a vehicle, any such device must be repaired, replaced or corrected so it will be in the original design of the manufacturer. Section 2 . Said Act is further amended by striking in its entirety subparagraph b. of paragraph (2) of subsection (a) of section 126, and substituting in lieu thereof a new subparagraph b. to read as follows: b. Aim Inspection. The Director shall prescribe by rule and regulation the requirements which shall be met for horizontal and vertical beams; aim sideways and up and down. Aim inspection. Section 3 . Said Act is further amended by adding at the end of subparagraph a. of paragraph (11) of subsection (a) of section 126 the following: If a horizontal looseness which exceeds -inch in either wheel is present, no certificate shall be issued. Horizontal looseness.

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Section 4 . Said Act is further amended by adding at the end of section 126B a new subparagraph (f) to read as follows: (f) In the event a windshield shall be replaced upon any vehicle which contains a valid inspection sticker, an inspection sticker may be issued for such vehicle without the necessity of reinspection if the owner of the vehicle shall execute an affidavit to be furnished by the Director stating that the windshield of his vehicle has been replaced, and give such other information as the Director shall require therein and pay to the inspection station a fee of 50 cents. The new inspection sticker shall be valid only for the remainder of the period which the replaced sticker was to be valid. Reissuance of sticker, when. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1972. COASTAL MARSHLANDS PROTECTION ACT AMENDED. No. 1480 (Senate Bill No. 487). An Act to amend the Coastal Marshlands Protection Act of 1970, approved March 27, 1970 (Ga. L. 1970, p. 939), so as to provide for the Department of Natural Resources to issue orders, conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance of the provisions of this Act and of rules and regulations promulgated hereunder; to provide that all actions by said Department shall be in the name of the Department of Natural Resources; to provide for cease and desist orders or other appropriate orders by said

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Department before a hearing to any person altering the marshlands in violation of this Act; to provide for civil penalties for the violation of any provision of this Act, or any order of said Department, and the procedure for the imposing of such penalties; to provide a procedure whereby said Department may obtain a judgment of the court for the enforcement of its orders; to provide for the use of injunctions and writs of mandamus by said Department; to provide a right of hearing to any person aggrieved or adversely affected by any order or action of said Department; to provide for judicial review of said Department orders or actions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Coastal Marshlands Protection Act of 1970 (Ga. L. 1970, p. 939), is hereby amended by striking in its entirety part (6) of subsection (a) of section 4 and substituting in lieu thereof a new part (6) to read as follows: (6) To issue orders, conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance of the provisions of this Act and any rules and regulations promulgated hereunder. All such actions shall be in the names of the Department of Natural Resources. Powers. Section 2 . Said Act is further amended by adding between section 7 and section 8 a new section of the Act, to be designated section 7A, to read as follows: Section 7AThe Department of Natural Resources, in order to enforce the provisions of this Act or any orders issued hereunder or any rules and regulations promulgated hereunder, may employ any one or any combination of any or all of the following methods: Enforcement. (a) Whenever any person not covered by the section dealing with exceptions is altering the marshlands without a permit or is altering the marshlands in violation of the terms and conditions of a permit or is violating the provisions

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of this Act in any other manner, the Department may, prior to any hearing, issue a cease and desist order or other appropriate order to such person. (b) Whenever the Department, after a hearing, determines that any person has hereafter failed, neglected or refused to comply with any provision of this Act or any order of the Department, it may issue an order imposing a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day during which such violation continues. Any person so penalized shall be entitled to judicial review. Such hearing and review shall be in accordance with the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338 et seq., as amended. All penalties and interest recovered by the Department as herein provided, together with the cost thereof, shall be paid into the State Treasury to the credit of the general fund. (c) The Department may file in the superior court of the county wherein the person under order resides or if said person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Department unappealed from, or of a final order of the Department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereof shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said court. (d) Whenever the Department, either before or following a hearing, determines that any person is or has been violating any of the provisions of this Act or any orders issued hereunder or any rules and regulations promulgated hereunder, the Department may file a petition for injunction in the proper superior court of this State against such person for the purpose of enjoining such actions or, if appropriate, may make application for a writ of mandamus in the proper superior court of this State against such