Acts and resolutions of the General Assembly of the state of Georgia 1973 [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 19730000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1973 19730000 Compiled and Published by Authority of The State

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Compiler's Note To speed publication, the Acts and Resolutions of the 1973 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 1484. The proposed amendments to the Constitution were grouped together beginning at page 1485 of Volume One and are followed by a complete index. This volume is bound separately. Local and Special Acts and Resolutions were grouped in one volume beginning on page 2001. Revisions and amendments of municipal charters made pursuant to the Municipal Home Rule Act of 1965 as amended, and filed in the Office of the Secretary of State are printed in Volume Two beginning on page 3977. These were filed in the office of the Secretary of State during 1972 and 1973, except the amendment appearing on page 3978 which was received in 1968 but inadvertently not previously published. Home Rule Actions by Counties filed in the office of Secretary of State during 1972 and 1973 are printed in Volume Two beginning on page 3970. These are no intervening pages between 1528 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 1973 PRESIDENTIAL INAUGURAL BANDS DESIGNATED. No. 1 (House Resolution No. 57-161). A Resolution. Designating the Lucy Laney High School Marching Band and the Douglas County High School Tigers Band as the official representatives of the State of Georgia to the inauguration of the Honorable Richard M. Nixon; to provide for the payment of expenses; and for other purposes. Whereas, the Lucy Laney High School Marching Band and the Douglas County High School Tigers Band have been selected to participate in the inauguration of the Honorable Richard M. Nixon as President of the United States; and Whereas, these bands are known throughout the State for their excellent musical ability; and

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Whereas, said bands will appear on national television and will be seen by millions of people throughout the world; and Whereas, these two outstanding organizations, through their musical and marching abilities, will be outstanding representatives of the State. Now, therefore, be it resolved by the General Assembly of Georgia that the Lucy Laney High School Marching Band and the Douglas County High School Tigers Band are hereby designated as the official representatives of the State of Georgia to the inauguration of the Honorable Richard M. Nixon as President of the United States. Be it further resolved that, in order to defray the expenses incurred by these bands as official representatives of the State of Georgia, there is hereby appropriated for the payment of the expenses of such bands the sum of $2,500.00 per band. Said sums shall come from funds appropriated to the Legislative Branch of State Government. Approved January 17, 1973. THE UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT. No. 1 (Senate Bill No. 36). An Act to provide for the establishment of standards of construction for mobile homes; to provide for a short title; to define certain terms; to require compliance with the standards of construction as a condition precedent to the manufacturing, selling or offering for sale any new mobile homes in this State; to require manufacturers and dealers engaged in manufacturing, selling or offering for sale new mobile homes in this State to be licensed; to provide for licenses and fees; to provide for reciprocity with other states; to provide for in-transit inspection; to provide for the administration, inspection and collection of records and statistics; to provide for the filing of plans

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and specifications with the Commissioner for approval; to prohibit dealers from altering, changing or modifying mobile homes certified under this Act; to provide for the enforcement of this Act; to provide for penalties; to provide for the revocation of licenses; to provide for severability; to provide an effective date; to repeal 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 Uniform Standards Code for Mobile Homes Act. Section 2. Definitions. Unless clearly indicated otherwise by the context, the following words when used in this Act, for the purpose of this Act, shall have the meanings respectively ascribed to them in this Section: (a) Mobile Home means a movable or portable dwelling over 32 feet in length and over 8 feet wide, constructed to be towed on its own chassis, connected to utilities and designed without a permanent foundation for year-round occupancy, which can consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit. (b) Commissioner means the Georgia Safety Fire Commissioner. Section 3. Statement of Policy; Rule Making Power. (a) Mobile homes, because of the manner of their construction, assembly and use and that of their systems, components and appliances (including heating, plumbing, and electrical systems) like other finished products having concealed vital parts may present hazards to the health, life, and safety of persons and to the safety of property unless properly manufactured. In the sale of mobile homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards, and for that purpose to forbid the manufacture and

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sale of new mobile homes which are not so constructed as to provide reasonable safety and protection to their owners and users. (b) The Georgia Safety Fire Commissioner is hereby authorized and directed to investigate and examine into engineering and construction practices and techniques, the properties of construction materials used in the construction and assembly of mobile homes, their electrical, plumbing, heating and other systems and appliances; fire prevention and protective techniques and measures to promote safety of persons and property and protect the health of users of such mobile homes. The Commissioner is authorized and empowered to promulgate rules and regulations relating to mobile homes as defined herein, including, but not limited to the fundamental principles adopted, recommended, or issued by the American National Standards Institute and the National Fire Protection Association Standards for Mobile Homes. (c) The Commissioner is also authorized and empowered to issue and promulgate all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established. Section 4. Compliance with Commissioner's Rules. No person may manufacture, sell, or offer for sale any mobile home unless such manufactured home, its components, systems and appliances have been constructed and assembled in accordance with rules of the Commissioner issued to afford reasonable protection to persons and property with respect to the construction, assembly, and sale of such mobile homes, and unless compliance with such rules be evidenced in the manner required by the Commissioner's rules. Section 5. Licenses. (a) Every out-of-state manufacturer of mobile homes who sells or offers for sale a mobile home in Georgia shall make application and obtain a license. (b) Every dealer who sells or offers for sale mobile homes in Georgia shall apply for and obtain a license.

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(c) Every manufacturer who manufactures mobile homes in Georgia shall apply for and obtain a license. (d) Applications for licenses and renewal licenses shall be obtained from and submitted to the Commissioner on or before January 1 annually. All applicants shall certify in the application that all construction, electrical, heating, and plumbing standards will be complied with as set forth in this Act and the rules and regulations of the Commissioner. (e) The license and renewal license fee shall be two hundred dollars ($200.00) per manufacturing plant which manufactures mobile homes within the State of Georgia and two hundred dollars ($200.00) per out-of-state manufacturing plant which manufactures mobile homes for the purpose of offering for sale or having such homes sold within the State of Georgia and one hundred dollars ($100.00) per dealer location which sells or offers for sale or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued or until revoked as provided herein. Renewal applications shall be obtained from and submitted to the Commissioner on or before January 1 annually and shall be accompanied by the annual renewal license fee. The fee for delinquent renewal applications received after January 10 of each calendar year shall be double the regular annual renewal fee. (f) Every out-of-state manufacturer of mobile homes who sells or offers for sale mobile homes in Georgia shall pay to the Commissioner a fee of eight dollars ($8.00) for each mobile home sold or offered for sale within the State of Georgia. Every manufacturer who manufactures mobile homes in Georgia shall pay to the Commissioner eight dollars ($8.00) for each mobile home manufactured in Georgia irrespective of whether the mobile home is offered for sale in the State of Georgia or not. It is prohibited to manufacture, sell or offer for sale a mobile home within the State of Georgia that does not fully comply with this Act and the rules and regulations promulgated hereunder. Section 6. Reciprocity. In the issuance of rules and regulations

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hereunder, the Commissioner may provide appropriate exemption or exception with respect to mobile homes produced in other states upon his determining that the applicable rules and codes of such state of manufacture provide safeguards equally effective to those otherwise applicable under this Act and rules made pursuant thereto. Section 7. Administration of Act. The Commissioner is hereby charged with the administration of this Act. He may make and amend, alter or repeal, general rules and regulations of procedure for carrying into effect all provisions of this Act, for obtaining statistical data respecting mobile homes, and to prescribe means, methods and practices to make effective such provisions, and he may make such investigations and inspections as in his judgment are necessary to enforce and administer this Act. Section 8. Approval of Plans and Specifications by Commissioner. Every out-of-state manufacturer of mobile homes who offers for sale or transports to sale such homes within the State of Georgia and every Georgia manufacturer of mobile homes shall submit a complete set of plans and specifications on each mobile home design being used at the time this Act becomes effective. The plans and specifications must be submitted to the Commissioner within thirty days after the effective date of this Act. The Commissioner shall act on the submitted plans and specifications within sixty days from the date the plans and specifications were received. A fee of fifty dollars ($50.00) shall be charged and submitted with each set of plans and specifications submitted. Any changes, alterations, or modifications of the construction, heating, plumbing, and electrical systems of any mobile homes after the plans have been approved is prohibited unless approved by the Commissioner, provided however, the Commissioner may require a new filing in accordance with the procedure herein set forth where approval for major changes are requested in existing approved plans or designs. Section 9. Alterations, Changes or Modifications by Dealers Prohibited. Dealers are expressly prohibited from altering, or modifying any mobile home certified under this Act and the rules and regulations of the Commissioner except

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such alterations, changes or modifications made by dealers certified to make such alterations, changes or modifications in accordance with rules and regulations promulgated by the Commissioner. Section 10. Enforcement. No person may interfere, obstruct or hinder an authorized representative of the Commissioner who displays proper Department credentials in the performance of this duties as set forth in the provisions of this Act. Section 11. Inspection in Transit. Any authorized representative of the Commissioner who displays proper Department credentials may stop and inspect any new mobile home in transit which has been manufactured in this State or which has been transported into this State for the purpose of sale within this State to ascertain if the mobile home complies with this Act and the rules and regulations promulgated hereunder. Section 12. Penalties. Any person violating any of the provisions of this Act or of said rules and regulations made hereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Any violation of this Act or of said rules and regulations promulgated hereunder shall also be grounds for the revocation of the license of any person to manufacture or sell mobile homes within this State after a hearing conducted in accordance with the provisions of the Georgia Administrative Procedure Act, as now or hereafter amended. Section 13. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or

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parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 15. An Act known as The Uniform Standards Code for Factory Manufactured Movable Homes Act, approved March 26, 1968 (Ga. L. 1968, p. 415), is hereby repealed in its entirety. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1973. ATLANTA JUDICIAL CIRCUITDEPUTY DISTRICT ATTORNEYS. No. 2 (Senate Bill No. 22). 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, and particularly as amended by an Act approved March 28, 1969 (Ga. L. 1969, p. 150), and an Act approved March 23, 1972 (Ga. L. 1972, p. 378), so as to provide for the establishment of positions and compensations for deputy district attorneys in excess of the number specifically authorized by law; to provide for appointments to positions so established; to fix the rights and benefits of deputy district attorneys so appointed; to provide that certain positions now existing shall become deputy district attorney positions under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. 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, and particularly as amended by an Act approved March 28, 1969 (Ga. L. 1969, p. 150), and an Act approved March 23, 1972 (Ga. L. 1972, p. 378), is hereby further amended by adding a paragraph to section 5 of said Act as so amended, to read as follows: The district attorney, with the concurrence of the governing authority of Fulton County, may establish positions and compensations for deputy district attorneys in excess of the number specifically authorized in this Act, as amended, and in an Act approved March 24, 1970 (Ga. L. 1970, p. 716), as amended, and may make appointments to positions so established. Persons appointed to such positions shall serve at the pleasure of the district attorney and shall have the same rights and benefits as the trial assistant district attorneys authorized in said Acts, including eligibility for membership in the Judges' and Solicitor Generals' Retirement Fund of Fulton County created by an Act approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, on the same terms and conditions as said trial assistant district attorneys. The trial assistant trainee positions now existing in the office of the district attorney shall, on the date when this Act becomes effective, become deputy district attorney positions under the provisions of this paragraph. Deputy District Attorneys. 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, 1973, 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.

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255), and the acts amendatory thereof, and for other purposes. Lewis R. Slaton District Attorney Atlanta Judicial Circuit Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the Editor of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20, 27 days of December, 1972, and on the 3rd day of January, 1973. As provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 9th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 15, 1975. (Seal). Approved February 19, 1973. INTOXICATING BEVERAGESFINGERPRINTS REQUIRED BEFORE LICENSING. No. 4 (Senate Bill No. 160). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to require that, prior to the issuance

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of a county or municipal license, a complete set of fingerprints shall be furnished to ascertain if there has been any criminal activity for a period of two years immediately prior to the date of application; to authorize the issuance of licenses to sell distilled spirits for consumption on the premises; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by adding a new subsection at the end of section 9, to be designated subsection (h), to read as follows: (h) As a prerequisite to the issuance of any such license, the applicant shall furnish a complete set of fingerprints which shall be forwarded to the Division of Investigation who shall search the records of the Georgia Crime Information Center for a period of two years immediately preceding the date of such application for any instance of criminal activity, and the Division of Investigation shall submit such fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification records; said record, if any, shall be obtained and returned to the governing authority submitting such fingerprints. Anything in this Act to the contrary notwithstanding, the State Revenue Commissioner, shall require a State license, under rules and regulations promulgated by him, for the sale of distilled spirits or alcoholic beverages, for consumption on the premises. Fingerprints. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1973.

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INTOXICATING BEVERAGESMALT BEVERAGESFINGERPRINTS REQUIRED BEFORE LICENSING. No. 5 (Senate Bill No. 161). An Act to amend an Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p 73), as amended, so as to require that, prior to the issuance of a permit, a complete set of fingerprints shall be furnished and checked for criminal activity for a period of two years prior to the date of application; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, is hereby amended by adding a new paragraph at the end of Section 15A, to read as follows: As a prerequisite to the issuance of any such license, the applicant shall furnish a complete set of fingerprints which shall be forwarded to the Division of Investigation who shall search the files of the Georgia Crime Information Center for a period of two years immediately preceding the date of such application for any instance of criminal activity, and the Division of Investigation shall submit such fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification records; said record, if any, shall be obtained and returned to the governing authority submitting such fingerprints. Fingerprints.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1973. DOUGHERTY JUDICIAL CIRCUITJUDGESALARY SUPPLEMENT AUTHORIZED. No. 8 (House Bill No. 105). An Act to amend an Act creating the Dougherty Judicial Circuit approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 36), so as to change the provisions authorizing the governing authority of Dougherty County to provide for a supplement to the Judge's salary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 36), is hereby amended by striking section 2(a) in its entirety and inserting in lieu thereof a new section 2(a) to read as follows: Section 2(a). The governing authority of Dougherty County is authorized to provide from county funds a supplement to the compensation of the Judge of the Superior Court of Dougherty County. The amount of such supplement shall be fixed by the governing authority of Dougherty County but shall not exceed $9,000.00 per annum. Within the limitations provided in this section, it shall be within the sole discretion of the governing authority of Dougherty County to establish the amount of such supplement and, from time to time, to increase or decrease said supplement in such manner as the governing authority of Dougherty County shall provide. Authority.

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Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to provide for a supplement to the salary of the judge of the superior court of the Dougherty Judicial Circuit and for other purposes. This 11th day of December, 1972. /s/ George D. Busbee /s/ Colquitt H. Odom /s/ R. S. Hutchinson /s/ Billy Lee Representatives District 61 /s/ A. W. Holloway (AL) Senator District 12 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Lee who, on oath, deposes and says that he is Representative from the 114th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany

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Herald which is the official organ of Dougherty County, on the following dates: December 14, 21, 28, 1972. /s/ Billy Lee Representative, 114th District Sworn to and subscribed before me, this 9th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 26, 1973. LEASE OF LAND TO STEPHENS COUNTY AUTHORIZED. No. 2 (House Resolution No. 59-178). A Resolution. Authorizing the lease of a certain tract of State-owned property; and for other purposes. Whereas, the State of Georgia is the owner of a certain tract of land and the improvements thereon located in Stephens County, Georgia; and Whereas, the Department of Public Safety previously used such tract of land for a State Patrol Barracks; and Whereas, Stephens County has donated a new tract of land for the State Patrol Barracks; and Whereas, Stephens County is in need of the tract of land and improvements thereon which is not being used by the State of Georgia; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Stephens, State

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of Georgia, and within the corporate limits of the City of Toccoa, Georgia, and more particularly described as follows: Beginning at a point, the same being the northeast intersection of State Highways No. 17 and 13, thence along the north side of right-of-way of State Highway No. 13, north 82-[frac34] east 150 feet to an iron pin; thence north 7 west 76 feet to a stake on the right-of-way of the Southern Railway Company; thence along said Southern Railway Company right-of-way south 79[frac34] west 167 feet to a stake on the east side of the old right-of-way of State Highway No. 17; thence 59 feet to the beginning corner, according to plat and survey of M. B. Collier, County Surveyor, dated June 1, 1940; and Whereas, the deed vesting title to the above-described tract or parcel of land in the State of Georgia is recorded in Deed Book 89, Folio 543-4 of the Deed Records of Stephens County. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to execute the necessary documents to lease to Stephens County for a period of fifteen (15) years, for and in consideration of the sum of $25.00 per year, the hereinabove described tract of land. Be is further resolved that the State of Georgia shall have the authority to cancel the lease of property provided for herein upon giving notice to Stephens County six months in advance of such cancellation and upon the State of Georgia compensating Stephens County for the cost of any improvements to said property. The compensation for improvements shall be in prorated amounts over the remaining years which the lease had to run at the time of cancellation of such lease. Approved February 28, 1973.

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REVENUENONPROFIT HOSPITALSEXEMPTION FROM AD VALOREM TAX PROVIDED. No. 24 (House Bill No. 219). An Act to exempt from ad valorem taxation the property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations; to waive the collection of ad valorem taxation on certain nonprofit hospital property; to provide relief for officers and employees of the State of Georgia, its counties and municipalities and political subdivisions of the State of Georgia under certain conditions; to provide that the exemption herein granted is cumulative and not in derogation of relief granted by other laws; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby exempted from ad valorem taxation the property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations. Exemption. Section 2. The term hospital shall mean an institution wherein medical, surgical or psychiatric care is provided to persons who are sick, injured, diseased, mentally ill or crippled, but shall not include an institution licensed as a nursing home under the laws of Georgia. Definition. Section 3. The property exempted hereby shall not include property of a hospital held primarily for investment purposes, or used for purposes unrelated to the providing of patient care, the providing and delivery of health care services, or the training and education of physicians, nurses, and other health care personnel. Exemption.

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Section 4. This Act shall also apply to ad valorem taxes heretofore or hereafter claimed or assessed on the property described herein but which have not been collected before the effective date hereof. Such collection is hereby waived, and all officers and employees of the State of Georgia and of any municipality, county or other political subdivision of the State of Georgia are hereby relieved from any responsibility for such collection. Same. Section 5. The provisions hereof are cumulative and independent of any exemption, waiver, or other relief from taxes given by other laws to nonprofit hospitals described herein. Section 6. 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 effect 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 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 5, 1973.

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CONVEYANCE OF LAND TO STONE FORT LAND COMPANY AUTHORIZED. No. 3 (House Resolution No. 154-604). A Resolution. Approving the Purchase Bid of Stone Fort Land Co. (a Tennessee corporation); approving the Contract of Sale entered into by the State of Georgia, acting by and through the State Properties Control Commission, and Stone Fort Land Co. for the purchase by Stone Fort Land Co. from the State of Georgia of certain property located in the City of Chattanooga, Hamilton County, Tennessee, being bounded on the north by Ninth Street, on the east by Broad Street, and on the southwest and west by property now or formerly owned by the Louisville and Nashville Railroad Company, being that portion of the Chattanooga Union Passenger Station Building and depot property owned by the State of Georgia; approving the Form of Deed in Fee Simple to be given pursuant to the Contract of Sale; authorizing and directing the Chairman of the State Properties Control Commission to execute and deliver to Stone Fort Land Co., for and on behalf of the State of Georgia, a deed identical to the approved Form of Deed in Fee Simple upon full compliance by Stone Fort Land Co. with its obligations under the Contract of Sale; and for other purposes. Whereas, by Code Chapter 91-1A, the State Properties Control Code, as amended, 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; and Whereas, the Commission determined that it would be advantageous to the State of Georgia to seek public competitive bids for either the long-term leasing of, or the purchase of, certain property under the control of the Commission located in the City of Chattanooga, Hamilton County, Tennessee, being bounded on the north by Ninth

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Street, on the east by Broad Street, and on the southwest and west by property now or formerly owned by the Louisville and Nashville Railroad Company, which is that portion of the Chattanooga Union Passenger Station Building and depot property owned by the State of Georgia, hereinafter sometimes called the Property and being more particularly described in Exhibit A which is attached to the Contract of Sale, and recently released to the State of Georgia by the Louisville and Nashville Railroad Company from the March 4, 1968, Lease of the Western and Atlantic Railroad, with any bid and any lease or Contract of Sale being subject to the approval of the General Assembly of Georgia prior to the creation of an obligation upon the State of Georgia to so lease or convey the Property; and Whereas, the Commission did therefore obtain and approve three appraisals of the value of the Property by three qualified appraisers; and Whereas, the Commission did determine the proper form of the Advertisement, Invitation for Bids, Instructions to Bidders and complete forms of the Lease Bid, the Purchase Bid, the Lease, the Contract of Sale, and the Deed in Fee Simple concerning the proposed leasing or sale of the Property; and Whereas, formal advertisement for public competitive bids pursuant to the Invitation for Bids was made and the bids received were publicly opened on October 31, 1972; and Whereas, on November 3, 1972, the Commission did, after due consideration and discussion at a public meeting held on that date, formally determine in accordance with the procedure set forth in the Instructions to Bidders that the Purchase Bid of $445,000.00 made by Stone Fort Land Co. (a Tennessee corporation) was the highest bid received and that Stone Fort Land Co. was the highest responsible bidder; and Whereas, the Commission has by its Resolution at a regularly held meeting, requested that the General Assembly of Georgia: (1) consider and approve the Purchase

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Bid of Stone Fort Land Co. for the purchase of the Property, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; (2) consider and approve the Contract of Sale entered into by the State of Georgia, acting by and through the Commission, and Stone Fort Land Co. resulting from the receipt of the public competitive bids by the Commission, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; (3) consider and approve the Form of Deed in Fee Simple to be given pursuant to the Contract of Sale, an exact copy of which is attached to, incorporated in and by reference made a part of this Resolution; and (4) authorize and direct the Chairman of the Commission to execute and deliver to Stone Fort Land Co., for and on behalf of the State of Georgia, a deed identical to the approved Form of Deed in Fee Simple upon full compliance by Stone Fort Land Co. with its obligations under the Contract of Sale; and Whereas, the General Assembly of Georgia has carefully considered the requests made by the Commission and has determined that all of the requests should be granted. Now, therefore, be it resolved by the General Assembly of Georgia that the Purchase Bid of Stone Fort Land Co., the Contract of Sale, and the Form of Deed in Fee Simple are hereby approved. Be it further resolved that the Chairman of the State Properties Control Commission is hereby authorized and directed to execute and deliver to Stone Fort Land Co., for and on behalf of the State of Georgia, a deed identical to the approved Form of Deed in Fee Simple upon full compliance by Stone Fort Land Co. with its obligations under the Contract of Sale. Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Stone Fort Land Co.

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To: The Governor as Chairman, State Properties Control Commission State Capitol Atlanta, Georgia 30334 Purchase 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 actual Contract Of Sale to be entered into; that this Bid is made without connection with any other party making a Bid; and that this Bid is in all respects fair and in good faith, without collusion or fraud. The undersigned further declares that he has carefully examined and fully understands the attached Invitation For Bids, Instructions To Bidders, Form Of Contract Of Sale and Form Of Deed in Fee Simple. The undersigned acknowledges that the Contract Of Sale to be entered into is subject to approval or rejection by the General Assembly of Georgia at its next regular session. The Invitation For Bids, Instructions To Bidders, Form of Contract Of Sale and Form Of Deed In Fee Simple are hereby incorporated in and by reference made a part of this Bid. The undersigned offers: (1) to contract with the State of Georgia acting through the State Properties Control Commission by entering into a Contract Of Sale identical to the attached Form Of Contract of Sale within ten (10) days from the date of receiving written notice of the Commission's acceptance of this Bid as provided in the Instructions To Bidders; (2) to fully and faithfully comply with all of the duties and obligations of the Purchaser contained in such Contract Of Sale if the Contract Of Sale be approved by the General Assembly of Georgia; and (3) to accept from the State of Georgia acting through the State Properties Control Commission pursuant to the Contract Of Sale a Deed In Fee Simple identical to the attached Form Of Deed in Fee Simple. Attached hereto is a certified or cashier's check drawn on a United States National Bank and made payable to the order

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of the State Properties Control Commission in the amount of six (6) per cent of the amount of the bid. The undersigned agrees that in case of failure on his part to execute such Contract Of Sale within ten (10) days from the date of receiving written notice of the acceptance of this Bid as provided in the Instructions To Bidders or if after executing the Contract Of Sale and before the sale is consummated, the undersigned declares or demonstrates his intention not to be bound by the Contract Of Sale, then such check, and the money payable thereby, shall be forfeited to the State of Georgia as fixed liquidated damages and not as a penalty, and the Chairman of the State Properties Control Commission shall collect the same for the benefit of the State of Georgia. The amount of purchase price bid by the undersigned is $445,000.00. The property bid upon herein is more particularly described in the Exhibit A attached to the Form of Contract Of Sale attached hereto. The full name and business address of each party interested in this Bid, as principal, is as follows: Stone Fort Land Co. 118 East Eighth Street Chattanooga, Tennessee 37402 Title to the property will be taken in the following exact form of name: Stone Fort Land Co. Signed and sealed this 27th day of October, 1972. Stone Fort Land Co. (A Tennessee Corporation) /s/ T. A. Lupton, Jr. President /s/ Joel W. Richardson, Jr. Secretary

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Georgia, Fulton County. Form of Contract of Sale This Agreement, made and entered into by and between the State of Georgia, acting by and through the State Properties Control Commission, Party of the First Part, whose address is 214 State Capitol, Atlanta, Georgia 30334 hereinafter sometimes referred to as Seller, and Stone Fort Land Co. (a Tennessee Corporation), Party of the Second Part, whose address is 118 East Eighth Street, Chattanooga, Tennessee 37402, hereinafter sometimes referred to as Purchaser. WITNESSETH: Whereas, the State of Georgia is the owner of certain real property in the City of Chattanooga, Hamilton County, Tennessee which is more particularly described in Exhibit A attached hereto (hereinafter called the property); and Whereas, the State Properties Control Commission of the State of Georgia (hereinafter called The Commission) has offered to sell the property upon public competitive bidding with any response to such offer to sell being subject to approval of the General Assembly of the State of Georgia; and Whereas, the Commission advertised the property for competitive bids and the Purchaser herein made a bid thereon which bid was accepted by the Commission; and Whereas, the bid (herein called the response) of Purchaser must be submitted for approval by the General Assembly of Georgia at its next regular session. Now, therefore, in consideration of the above-stated premises, and of the mutual and several covenants of the parties hereto, it is agreed as follows: 1. Conveyance of Title Seller agrees that if the response of Purchaser be approved by the General Assembly of Georgia at its next regular session,

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Seller will convey to Purchaser fee simple title to the property more particularly described in Exhibit A attached hereto by a deed identical to the attached Form Of Deed In Fee Simple (which said Form is attached to, incorporated in and by reference made a part of this Contract Of Sale) within ninety (90) days after the close of the next regular session of the General Assembly of Georgia. Purchaser agrees that it will accept delivery of the deed tendered by Seller and simultaneously pay to Seller the purchase price as set forth in Paragraph 2 below within five (5) days after written notice from Seller of Seller's readiness to deliver the deed. 2. Payment of Purchase Price Purchaser agrees to pay to Seller the purchase price of Four Hundred and Forty-five Thousand and 00/100 Dollars ($445,000.00), to be paid in cash at the time of the delivery of the Deed In Fee Simple. The Purchaser has submitted to the Seller, receipt and acceptance whereof is hereby acknowledged a check in the amount of Twenty-six Thousand Seven Hundred and 00/100 Dollars ($26,700.00), which was submitted along with the response of Purchaser. It is hereby agreed by and between the parties hereto that the aforesaid sum ($26,700.00) is to be applied as part payment of the purchase price of the property at the consummation of this sale; and if the sale is not consummated due to Purchaser's default then and in that event, Seller shall retain said sum ($26,700.00) and shall apply it as fixed, liquidated damages caused by the Purchaser's default. In the event the sale is not consummated for reason other than the default of Purchaser, said sum ($26,700.00) shall be returned to the Purchaser. 3. Entry upon Premises Seller hereby gives to Purchaser and his representatives the right to enter, subject to the rights of tenants in possession,

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upon the property at any time for purposes of making appraisals, soil tests, borings and surveys. 4. Examination of Title Purchaser shall have sixty (60) days after the execution by Purchaser of this Contract of Sale within which to examine the title to the property and to determine whether Seller is vested with fee simple title with the right to convey the same free and clear of any and all past due taxes (other than for the year in which this sale is consummated), encumbrances, encroachments, liens (except liens by, or similar to liens by, Orlan A. Saucke, including but not limited to, those four (4) liens filed of record in the Office of the Register Of Deeds for Hamilton County, Tennessee, in Book 2064, Pages 57, 61, 65 and 69), and past due special assessments (other than for the year in which this sale is consummated), any and all of which are deemed and defined as, and are hereinafter referred to as, Defects In Title. Purchaser shall transmit to Seller a copy of an examining attorney's certificate of title or an interim title insurance binder rendered by a responsible title insurance company specifying in detail any such Defects In Title. If the response of Purchaser be approved by the General Assembly in its next regular session, Seller agrees to exercise good faith and due diligence to correct any such Defects In Title within sixty (60) days after approval by the General Assembly of Georgia. If Seller shall not timely correct such Defects In Title, and Purchaser shall not elect by notice in writing to Seller to waive the same, Purchaser shall have the option of terminating this contract by giving notice of his election so to do in writing to Seller and Purchaser shall have all his remedies by law against Seller for failure to perform its obligations under this contract. Nothing herein contained shall be construed to require Purchaser to accept other than a fee simple title free and clear of any such Defects In Title; however, it is agreed by and between the parties hereto that the property shall be sold subject to any and all liens by, or similar to liens by, Orlan A. Saucke, including but not limited to, those four (4) liens filed of record in the Office of the

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Register of Deeds for Hamilton County, Tennessee, in Book 2064, Pages 57, 61, 65 and 69, all taxes and special assessments for the year in which this sale is consummated, all zoning regulations, governmental laws and ordinances, and all easements, deeds of conveyance, leases or grants of right or privilege or any other use (including City of Chattanooga sewer and water lines and utility company lines) or restrictions on use, whether visible or not, which might be revealed by an inspection of the property to be conveyed or of the laws of the State of Georgia, the State of Tennessee, Hamilton County, Tennessee, and the City of Chattanooga, Tennessee, or of the records of the Public Works Department of the City of Chattanooga, Tennessee, or of the records of the public utility companies doing business in the City of Chattanooga, Tennessee, or of the public records of Hamilton County, Tennessee. 5. Liens by, or similar to liens by, Orlan A. Saucke The Purchaser and Seller acknowledge that there presently exists without fault on the part of Seller, a lien which does, or might, affect the title to the property, and which is filed of record in the Office of the Register of Deeds for Hamilton County, Tennessee, in Book 2064, beginning on page 57 thereof. Seller expressly agrees to immediately begin to seek the removal of record of this lien and all liens similar to it which affect the title to the property, or a court decree declaring its or their invalidity, with good faith and due diligence and to endeavor to succeed in doing so within ninety (90) days after the close of the next regular session of the General Assembly of Georgia. Purchaser expressly agrees that should Seller fail, after a good faith effort made with due diligence, to so timely remove this lien and all liens similar to it which affect the title to the property or to obtain a court decree declaring its or their invalidity, then Purchaser shall have no claim for damages for Seller's failure, but shall only be entitled to an option of either consummating this sale with the property being conveyed subject to this lien, or liens similar to it, or terminating this Contract of Sale and receiving back the sum of Twenty-six

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Thousand Seven Hundred and 00/100 Dollars ($26,700.00), the payment by Purchaser of which is acknowledged by Seller in Paragraph 2 above. 6. Taxes and Assessments The duty and liability to pay all taxes and special assessments for the year in which this sale is consummated which are or may become liens on the property shall be assumed by Purchaser. 7. Risk of Loss of Improvements The risk of damage or destruction of the improvements located on the property by fire or other casualty prior to approval of the response of Purchaser by the General Assembly of Georgia at its next regular session is hereby expressly assumed by Seller. Should the said improvements be damaged or destroyed by fire or other casualty prior to approval of the response of Purchaser by the General Assembly of Georgia at its next regular session, then at the election of Purchaser: (a) this contract may be terminated; or (b) if the General Assembly of Georgia thereafter approves the response of Purchaser at its next regular session, Purchaser may elect to consummate this sale and receive as credit toward the purchase price, a sum equal in amount to any proceeds of insurance as may be paid to Seller on a claim for the loss or may be allocated by Seller in payment for the loss under Seller's self-insurance program. Such election shall be exercised by Purchaser's giving notice to Seller thereof within ten (10) days after the amount of Seller's damage is determined. The risk of damage or destruction of the improvements located on the property by fire or other casualty after approval of the response of

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Purchaser by the General Assembly at its next regular session is hereby expressly assumed by Purchaser and should the said improvements be thereafter damaged or destroyed, Purchaser shall have no right to terminate this contract or to receive as credit toward the purchase price any sum equal to any proceeds of insurance as may be paid to Seller on a claim for the loss, or as may be allocated by Seller in payment for the loss under Seller's self-insurance program. 8. Fire and Casualty Insurance Prior to approval of the response of Purchaser by the General Assembly of Georgia at its next regular session, Seller, free of expense to Purchaser, shall keep the improvements located on the property insured to the full insurable value thereof against loss or damage by fire and other casualties in a reputable insurance company or companies, or protected in Seller's self-insurance program, and shall diligently pursue the collection of any insurance proceeds due for losses thereunder accruing prior to such approval by the General Assembly of Georgia. 9. Condemnation If, prior to the consummation of this sale, a suit or declaration of taking for the condemnation of the property or any part thereof shall be filed in a court of competent jurisdiction, or if the property or any part thereof is otherwise acquired for public purposes or if access to the property shall be restricted or denied as a result of the filing of a suit in eminent domain, Purchaser shall have the option of terminating this contract by giving notice to Seller of his election so to do within ten (10) days of written notice by Seller to Purchaser of such an event. If Purchaser elects not to terminate this contract, the purchase price set forth in Paragraph 2 above shall not be reduced or diminished and any award or compensation paid to Seller prior to consummation

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of this sale shall be and remain the sole property of Seller. 10. Notices All notices to be given hereunder shall be in writing and may be given by depositing the notice in the United States Registered or Certified Mail, postage prepaid, in an envelope addressed to the party to be notified at such party's address as herein set forth; and the day upon which such notice is so mailed shall be treated as the date of service. 11. Continuity All of the terms, conditions, provisions and stipulations contained in this instrument shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. In witness whereof, Purchaser has caused this instrument to be executed this 9th day of November, 1972. Signed, sealed and delivered in the presence of: /s/ Ava McClendan Witness /s/ R. D. Payne Notary Public (Seal). Stone Fort Land Co., (A Tennessee Corporation), Purchaser By: /s/ T. A. Lupton, Jr., President (Seal). Attest: /s/ Joel W. Richardson, Jr., Secretary (Seal).

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In witness whereof, Seller, acting by and through the State Properties Control Commission, has caused this instrument to be executed this 13th day of November, 1972. Signed, sealed and delivered in the presence of: Witness /s/ Ann L. Adamson /s/ Dock H. Davis Notary Public, Georgia State at Large My Commission Expires Jan. 7, 1974. (Seal). The State of Georgia, acting by and through the State Properties Control Commission, SELLER By: /s/ Jimmy Carter Jimmy Carter, Governor and Chairman of the State Properties Control Commission Attest: /s/ Ben W. Fortson, Jr. Ben W. Fortson, Secretary of State Georgia and as Secretary of State Properties Control Commission (Seal). Located in the City of Chattanooga, Tennessee: Being all that tract or parcel of land, being irregular in shape, and being bounded on the north by Ninth Street; on the east by Broad Street; and on the southwest and west by property now or formerly of Louisville And Nashville Railroad Company, and being more particularly described as follows:

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The following metes and bounds description is drawn according to a 200[prime] grid based on the Georgia State Plane Coordinate System with azimuthes given based on due south being 0 00[prime] 00[Prime]: Beginning at a point, which said point is located in the western right-of-way line of Broad Street and has a Y-coordinate of 1,837,295.866 and an X-coordinate of 157,613.258, and running thence on an azimuth of 359 28[prime] 59[Prime], a distance of 807.471 feet to a point having a Y-coordinate of 1,836,488.428 and an X-coordinate of 157,620.543; running thence in a southerly direction along the western right-of-way line of Broad Street, which is a curve to the left having a chord 25.495 feet in length, to a point having a Y-coordinate of 1,836,463.013 and an X-coordinate of 157,622.560; running thence in a northwesterly direction along an 8 00[prime] curve to the right, which said curve has a chord 354.405 feet in length, to a point which has a Y-coordinate of 1,836,792.200 and an X-coordinate of 157,491.263; running thence in a northerly direction along a 1 52[prime] 30[Prime] curve to the right, which said curve has a chord 322.290 feet in length, to a point which has a Y-coordinate of 1,837,113.682 and an X-coordinate of 157,468.459; running thence along an azimuth of 179 30[prime] 00[Prime], a distance of 348.053 feet to a point located in the southern right-of-way line of Ninth Street, having a Y-coordinate of 1,837,461.722 and an X-coordinate of 157,465.442; running thence along an azimuth of 269 23[prime] 45[Prime], a distance of 82.505 feet to a point having a Y-coordinate of 1,837,462.592 and an X-coordinate of 157,547.942; running thence in a southeasterly direction along the western right-of-way line of Broad Street, which said western right-of-way line is a series of irregular curves having a straight line distance of 179.072 feet on an azimuth of 338 36[prime] 12[Prime], to the point of beginning. For prior deed of reference, see Book....., Page in the Register's Office of Hamilton County, Tennessee. The property described in this Exhibit A is shown as a portion of that property depicted by a plat of survey prepared by State Highway Department of Georgia Division of Surveys and Aerial Mapping and made by Joe V. Evans,

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Georgia Registered Land Surveyor No. 1105 and John O. Rosser, Jr., Georgia Registered Land Surveyor No. 1267, dated December 2, 1963, revised December 13, 1971, January 26, 1972, March 7, 1972, August 10, 1972, and September 18, 1972, and entitled PROPERTY OF STATE OF GEORGIA W A RAILROAD, a copy of said plat of survey being attached hereto and by reference specifically incorporated into and made a part of this description insofar as it more particularly describes the property herein described. This Instrument Prepared By John C. Walden Assistant Attorney General State of Georgia, 132 Judicial Building 40 Capitol Square Atlanta, Georgia 30334 Form of Deed in Fee Simple. Georgia, Fulton County. Know all men by these presents that: Whereas, the State of Georgia is the owner of certain real estate in the City of Chattanooga, Hamilton County, Tennessee, which is more particularly described as Exhibit A attached hereto (hereinafter called the property); and Whereas, the State Properties Control Commission of the State of Georgia (hereinafter called the Commission) offered to sell the property upon public competitive bidding with any response to such offer to sell being subject to approval of the General Assembly of the State of Georgia; and Whereas, the Commission advertised the property for competitive bids and the Grantee herein made a bid thereon, which bid was accepted by the Commission and approved by the General Assembly of the State of Georgia by a Resolution approved....., 197.....; and

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Whereas, this conveyance is made pursuant to the authority granted by the Resolution of the General Assembly of the State of Georgia approved....., 197....., and is executed by the Chairman and Secretary of the Commission for and on behalf of the Commission and the State of Georgia as they are so authorized to do by the said resolution; Now, therefore, the Premises Considered: For and in consideration of the sum of $....., cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, including the mutual and several covenants of the parties herein contained, the State of Georgia, acting by and through the State Properties Control Commission, hereinafter called Grantor, duly authorized as aforesaid, does hereby sell, transfer, and convey unto....., hereinafter called Grantee, the following described property, to-wit: Located in the City of Chattanooga, Tennessee: Being all that tract or parcel of land more particularly described on Exhibit A hereto attached. For prior deed of reference, see Book....., Page....., in the Registrar's Office of Hamilton County, Tennessee. Subject to (if applicable at the time of execution, any and all liens by, or similar to liens by Orlan A. Saucke, including but not limited to, those four (4) liens filed of record in the Office of the Register of Deeds for Hamilton County, Tennessee, in Book 2064, pages 57, 61, 65 and 69) all zoning regulations, governmental laws and ordinances, easements, deeds of conveyance, leases or grants of right or privilege or any other use (including City of Chattanooga sewer and water lines and utility lines) or restriction on use whether visible or not, which might be revealed by an inspection of the property hereby conveyed or of the laws of the State of Georgia, the State of Tennessee, Hamilton County, Tennessee and the City of Chattanooga, Tennessee, or of the records of the Public Works

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department of the City of Chattanooga, Tennessee, or of the records of the public utility companies doing business in the City of Chattanooga, Tennessee, or of the public records of Hamilton County, Tennessee. To have and to hold the said real estate unto the Grantee, its successors and assigns, forever in fee simple. (to read heirs and assigns forever in fee simple if Grantee is an individual). by Jimmy Carter, Governor and Chairman of the State Properties Control Commission, and attested by Ben W. Fortson, Jr., Secretary of State and Secretary of the State Properties Control Commission, on this the..... day of....., 197...... State of Georgia, Acting by and through the State Properties Control Commission By: Jimmy Carter, Governor and Chairman of the State Properties Control Commission Attest: ..... Ben W. Fortson, Jr., Secretary of State and Secretary of the State Properties Control Commission Georgia, Fulton County. On this the..... day of....., 19....., before me personally appeared Jimmy Carter and Ben W. Fortson, Jr., with whom I am personally acquainted, and who upon oath acknowledged themselves to be the Governor and Chairman of the State Properties Control Commission and Secretary of State and Secretary of the State Properties Control Commission, respectively, of the State of Georgia (acting by and through the State Properties Control Commission), the within named bargainor, and that they as such Governor and Secretary of State, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the State of Georgia by themselves as such

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Governor and Secretary of State, and further acknowledged that they executed the same as their free act and deed and for the purposes therein contained. In witness whereof, I have hereunto set my hand and Notarial Seal. Located in the City of Chattanooga, Tennessee: Being all that tract or parcel of land, being irregular in shape, and being bounded on the north by Ninth Street; on the east by Broad Street; and on the southwest and west by property now or formerly of Louisville and Nashville Railroad Company, and being more particularly described as follows: The following metes and bounds description is drawn according to a 200[prime] grid based on the Georgia State Plane Coordinate System with Azimuthes given based on due south being 0 00[prime] 00[Prime]:

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Beginning at a point, which said point is located in the western right-of-way line of Broad Street and has a Y-coordinate of 1,837,295.866 and an X-coordinate of 157, 613.258, and running thence on an azimuth of 359 28[prime] 59[Prime], a distance of 807.471 feet to a point having a Y-coordinate of 1,836,488.428 and an X-coordinate of 157,620.543; running thence in a southerly direction along the western right-of-way line of Broad Street, which is a curve to the left having a chord 25.495 feet in length, to a point having a Y-coordinate of 1,836,463.013 and an X-coordinate of 157,622.560; running thence in a north-westerly direction along an 8 00[prime] curve to the right, which said curve has a chord 354.405 feet in length, to a point which has a Y-coordinate of 1,836,792.200 and an X-coordinate of 157,491.263; running thence in a northerly direction along a 1 52[prime] 30[Prime] curve to the right, which said curve has a chord 322.290 feet in length, to a point which has a Y-coordinate of 1,837,113.682 and an X-coordinate of 157,468.459; running thence along an azimuth of 179 30[prime] 00[Prime], a distance of 348.053 feet to a point located in the southern right-of-way line of Ninth Street, having a Y-coordinate of 1,837,461.722 and an X-coordinate of 157,465.442; running thence along an azimuth of 269 23[prime] 45[Prime], a distance of 82.505 feet to a point having a Y-coordinate of 1,837,462.592 and an X-coordinate of 157,547.942; running thence in a southeasterly direction along the western right-of-way line of Broad Street, which said western right-of-way line is a series of irregular curves having a straight line distance of 179.072 feet on an azimuth of 338 36[prime] 12[Prime], to the point of beginning. For prior deed of reference, see Book....., Page..... in the Register's Office of Hamilton County, Tennessee. The property described in this Exhibit A is shown as a portion of that property depicted by a plat of survey prepared by State Highway Department of Georgia Division of Surveys and Aerial Mapping and made by Joe V. Evans, Georgia Registered Land Surveyor No. 1105 and John O. Rosser, Jr., Georgia Registered Land Surveyor No. 1267, dated December 2, 1963, revised December 13, 1971, January,

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26, 1972, March 7, 1972, August 10, 1972, and September 18, 1972, and entitled Property of State of Georgia W W Railroad, a copy of said plat of survey being attached hereto and by reference specifically incorporated into and made a part of this description insofar as it more particularly describes the property herein described. Approved March 12, 1973. GEORGIA PRIVATE DETECTIVE AND PRIVATE SECURITIES AGENCIES ACT. No. 27 (House Bill No. 49). An Act to regulate the private detective and private security business in this State; to provide a short title; to define certain terms; to create the Georgia Board of Private Detective and Private Security Agencies; to provide for the secretary of such Board; to provide for appointments, expenses and meetings of the members of such Board; to provide for powers and duties of such Board; to provide for licenses for persons engaged in private detective and private security business; to provide for registration of employees; to provide for bonds; to provide for license and registration fees; to provide for qualifications; to provide for security on employer-employee basis; to provide for temporary employees; to provide for criminal identification through fingerprints; to provide permits for carrying firearms; to exclude the holders of such permits from certain provisions of Georgia law; to provide for arrest powers; to provide for suspension and revocation of licenses; to provide for appeals; to provide for exceptions; to provide a penalty; to provide for the application of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Georgia Private Detective and Private Security Agencies Act.

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Section 2. Definitions. As used in this Act unless the context otherwise requires, the term: (a) Board means the Georgia Board of Private Detective and Security Agencies. (b) Private detective business means engaging in the business of or accepting employment to obtain or furnish information with reference to: (1) crimes or wrongs done or threatened against the United States of America or any state or territory thereof; (2) the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person; (3) the location, disposition or recovery of lost or stolen property; (4) the cause or responsibility for fires, libels, losses, accidents, damage or injury to persons or property; or (5) the securing of evidence to be used before any court, board, officer or investigating committee. Private detective business shall not include persons employed exclusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employer-employees relationship unless the employer is in the detective business. (c) Private security business means engaging in the business as or accepting employment as a private patrol, watchman or guard service, for consideration on a private contractual basis and not as an employee. Private security business shall not include persons employed exclusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employer-employees

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relationship unless the employer is in the private security business. (d) Person includes individuals, firms, associations, companies, partnerships and corporations. (e) Joint-Secretary means the Joint-Secretary, State Examining Boards. Section 3. Board; composition; expenses; secretary; powers and duties. (a) There is hereby created a Georgia Board of Private Detective and Private Security Agencies. The Board shall consist of seven members, each of whom shall be appointed by the Governor and confirmed by the Senate, to serve for a term of four years. The first appointees shall be appointed for terms of: three for three years, three for three years, and one for four years. Thereafter, all appointments shall be for a term of four years. Two members shall be engaged in the private security or private detective business and shall have at least four years' experience in such business immediately preceding their appointment. Two members shall be engaged in city, county or state law enforcement and shall have at least four years' experience in governmental law enforcement immediately preceding his appointment. Two members shall be engaged solely in employer-employee relationship, as described in Section 10 of this Act, and shall have at least four years' experience in full-time security work immediately preceding their appointment. One member shall be appointed from the public at large. At the first meeting of the Board held each year, the members shall elect a chairman to serve for one year. A majority of the board members shall constitute a quorum for all board business and, with the exception of hearings, may conduct business by conference telephone. The Governor may remove any member of the Board for neglect of duty, incompetence or other dischonorable conduct. After such removal or vacancy due to death or resignation, the Governor shall appoint a successor to serve the unexpired term. Appointees to the Board shall immediately after their appointment take and subscribe to a written oath or affirmation required by law for all public officers. The members of the Board shall receive $25.00 per

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day while performing their official duties, in addition to other expenses which may be provided by law. The Joint-Secretary shall be secretary of the Board and, in addition to his duties as prescribed by Section 84-101 of the Code of Georgia, as amended, shall perform such other administrative duties as may be prescribed by the Board. 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 as to the content of such records, shall be prima facie evidence of all matters required to be kept therein. All fees collected by the Joint-Secretary shall be applied to the expenses of the Board. All money received in excess of the expenses ordered to be paid under the provisions of this Act shall be held by the State Treasurer as a special fund for meeting the expenses of the Board. (b) The Board shall have the following powers and duties: (1) determine the qualifications of applicants for licenses or registration under the provisions of this Act; (2) investigate alleged violations of the provisions of this Act and any rules and regulations adopted by the Board; (3) promulgate all rules and regulations necessary in carrying out the provisions of this Act; (4) establish and enforce standards governing the safety and conduct of persons licensed and registered under the provisions of this Act. Section 4. Licensure and registration of persons employed on the effective date of this Act. (a) Any person engaged in the private detective or private security business in an individual, self-employed capacity on the effective date of this Act shall make a verified application in writing to the Joint-Secretary for a license. The application for a license shall be made, under oath, on a form to be furnished by the Joint-Secretary. The application shall state the applicant's

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full name, age, date and place of birth, residences and employment within the past five years and his present occupation with the names and addresses of employers, the date and place of conviction of any crime and such additional information as the Board requires. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the Board and two photographs, two inches wide by three inches high, taken within six months prior to the application. Upon receiving the application, the bond as provided in Section 6 and the license fee as provided in Section 7, the Board shall grant a license to such person to conduct such private detective business or private security business stated in such application. Such licensure shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. Immediately upon the receipt of the license certificate issued by the Board pursuant to this Act, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy or duplicate of the license certificate shall be conspicuously posted at each branch office. (b) Any person who is employed on the effective date of this Act by a person or corporation, which person or corporation is engaged in the private detective or private security business, and any person who is employed by a person or corporation to do private security work on the premises and in connection with the affairs of such employer only, shall make a verified application in writing to the Joint-Secretary for registration. The application for registration shall be made, under oath, on a form to be furnished by the Joint-Secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years and his present occupation with the names and addresses of employers, the date and place of conviction of any crime and such additional information as the Board requires. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the Board and two photographs, two inches wide by three inches high, taken within six months prior to the application. Upon receiving the application and a registration fee of $7.50,

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the Board shall register the person and so notify the employer. The employer shall notify the Board within five days of the termination of employment of any registered employee. Such registration shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. Such person shall pay an annual registration fee of $7.50 with the renewal of such registration. Section 5. Application for license; qualification. (a) Except as provided in section 4, any person or corporation desiring to carry on a detective business or private security business in this State shall make a verified application in writing to the Joint-Secretary for a license therefor. (b) The Board may grant a license to any person or corporation meeting the following qualifications: (1) That he is at least 18 years of age. (2) That he is a citizen of the United States or a registered resident alien. (3) That he is of good moral character. (4) That he has not been convicted of a felony or some other crime involving moral turpitude. (5) That he has not committed an act constituting dishonesty or fraud. (6) That he has satisfied the Board that his private detective business or private security business has a competent training officer and an adequate training program with a curriculum approved by the Board or that adequate training will be obtained from another source. (7) That he has had at least two years' experience as a private detective with a licensed detective agency, or two years' experience as a supervisor or administrator in industrial security or with a licensed private security agency, or at least two years' experience as a member of the Federal Bureau of Investigation, or as a member of any state,

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county or municipal police department, or in lieu thereof comply with such other requirements as the Board may by regulation fix. If the applicant is a corporation, association or partnership, the person filing the application in behalf of such corporation, association or partnership shall meet the qualifications set out herein for an individual applicant, and shall be an officer of such corporation, or member of such association or partnership. (8) That he meets such other qualifications as the Board may by regulation fix. (c) The application for a license shall be made in writing, under oath, on a form to be furnished by the Joint-Secretary. The application shall state the applicant's full name, age, date and place of birth, residences and employment within the past five years and his present occupation with the names and addresses of employers, the date and place of conviction of any crime and such additional information as the Board requires to investigate the qualification, character, competency and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the Board and two photographs, two inches wide by three inches high, taken within six months prior to the application. The application shall contain such additional information and documentation as the Board may require by regulation. Section 6. Applicant to post bond. Each applicant for a license shall post with the Board a bond in favor of the State with surety in the amount of ten thousand dollars. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this State and conditioned that the principal named therein shall not do any act meriting suspension or revocation of his license under the provisions of this Act. Any person aggrieved by any act of the principal named in such bond in violation of the provisions of this Act may proceed on such bond against the principal or surety therein, or both, to recover damages. The aggregate liability of the surety for all breaches of the

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conditions of the bond shall, in no event, exceed the amount of such bond. The surety on the bond shall have the right to cancel such bond upon giving 30 days' notice to the Board and thereafter shall be relieved of liability for any breach of condition after the effective date of said cancellation. Section 7. Issuance of license; fees; renewal; display. (a) Upon being satisfied, after investigation, of the good character, competency and integrity of an applicant, or, if the applicant is an association, partnership or corporation, of all officers and certain stockholders thereof, the Board may grant a license to conduct such private detective business or private security business stated in such application. Such license shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. (b) The license fee for conducting a private detective business shall be an initial fee of $100.00 and for renewal of any such license $100.00 per year. (c) The license fee for conducting a private security business shall be an initial fee of $200.00 and for renewal of any such license $200.00 per year; provided, however, that any person, association, partnership or corporation conducting a private security business which employs no more than twelve persons, shall only pay an initial license fee of $100.00 and for renewal of any such license $100.00 per year. (d) Immediately upon the receipt of a license certificate issued by the Board pursuant to this Act, the licensee shall post and at all times display such license in a conspicuous place at his place of business. A copy or duplicate of the license certificate shall be conspicuously posted at each branch office. Section 8. Qualifications of employees; registration; fees. (a) Any licensee may employ as many agents, operators, assistants, guards, watchmen or patrolmen as he deems necessary for the conduct of his business, provided such employees shall be citizens of the United States or registered resident aliens, of good moral character and at least eighteen

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years of age. Except as provided in Section 4, immediately upon hiring any agents, operators, assistants, guards, watchmen or patrolmen, the licensee shall make application to register such employee with the Board. Such application shall be made on forms furnished by the Joint-Secretary and, under oath, the employee shall give his name, address, date and place of birth, employment for the past five years, experience in the position applied for, all arrests and convictions for violations of the law and such other information as the Board may require, by regulation, to properly investigate the character, competency and integrity of the employee. The application for registration shall be accompanied by two sets of fingerprints of the employee and two photographs of the employee, two inches wide by three inches high, full-face, with and without head covering, taken within six months prior thereto. No person shall be approved for employment who has been convicted of a felony or any crime involving moral turpitude that would tend to question his honesty and integrity, or who is an alcoholic, present or former drug addict, someone presently in a drug treatment program, drifter, vagrant or person with a record of mental illness, or who has been discharged from the military service under other than honorable conditions, or who has been refused a license under the provisions of this Act for any reason except minimum experience, or whose license, having been granted, has been revoked or is under suspension. Upon being satisfied of the suitability of the applicant for employment the Board shall register the employee and so notify the licensee. The licensee shall notify the Board within five days of the termination of employment of any registered employees. The Board may waive the submission of fingerprints and photographs for any employee who has been employed by a person licensed under this Act within the previous six months. Such registration shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. (b) The registration fee for an employee registered in accordance with the provisions of subsection (a) shall be an initial fee of $7.50 and for renewal of any such registration $7.50 per year.

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Section 9. Temporary employees. Notwithstanding the provisions of sections 7 and 8, any person or corporation may use temporary employees for special events, without making application or paying any fee for said temporary employee, provided such temporary employment does not exceed ten days in a calendar year and such employee does not carry firearms in connection with said employment; provided, however, that the names, addresses and birth dates of such temporary employees, along with the identity and date of the special event for which they are to be employed, shall be furnished to the Board, or its designated representative, at least three days prior to the commencement of such special event. Section 10. Security on employer-employee basis. (a) Any person or corporation employing persons to do private security work on the premises and in connection with the affairs of such employer only, and there exists an employer-employee relationship, shall be required to make application to the Board for a license. In order to secure a license, such person or corporation must: (1) satisfy the Board that such person or corporation is financially responsible; (2) satisfy the Board that such person or corporation has a competent training officer and an adequate training program with a curriculum approved by the Board or that adequate training will be obtained from another source; (3) pay an annual license fee of $25.00. (b) Any person or corporation licensed in accordance with subsection (a) shall within twenty days of the beginning of employment of a person in private security work furnished the Board with the name, photograph, fingerprints and such other information as required by the Board in order to properly register such employees with the Board. The Joint-Secretary shall furnish forms for registration and each person so registered shall pay an annual registration fee of $7.50. No person shall be approved for employment who has been convicted of a felony or any crime involving moral

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turpitude that would tend to question his honesty and integrity, or who is an alcoholic, drifter, vagrant or person with a record of mental illness, or who has been discharged from the military service under other than honorable conditions, or who has been refused a license under the provisions of this Act for any reason except minimum experience, or whose license, having been granted, has been revoked or is under suspension. Upon being satisfied of the suitability of the applicant for employment the Board shall register the employee and so notify the licensee. The licensee shall notify the Board within five days of the termination of employment of any registered employees. The Board may waive the submission of fingerprints and photographs for any employee who has been employed by a person licensed under this Act within the previous six months. Such registration shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. Section 11. Fingerprints; criminal identification. (a) The Board shall forward the two sets of fingerprints received from each individual to the Georgia Crime Information Center of the Department of Public Safety for the purpose of criminal identification through the fingerprint system of identification established by such Department and the fingerprint system of identification established by the Director of the Federal Bureau of Investigation at Washington, D. C. (b) It shall further be the duty of the Board to keep a record of all information received from the Department of Public Safety and the Federal Bureau of Investigation with respect to criminal identification and to cooperate with the Department of Public Safety, with departments in other states and with the Department of Justice in Washington in any criminal identification system. Section 12. Permit to carry firearms; fees; training; exemptions. (a) The Board may grant to any person licensed or registered in accordance with the provisions of this Act, a permit to carry a pistol, revolver or other firearm. However, such firearms shall be limited to a caliber no greater than the standard police.38 handgun or.12 gauge riot type shotgun. No rifle or full automatic weapon shall be approved.

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Application for such permit shall be made on forms provided by the Joint-Secretary and the fee shall be $2.00 per annum. Such permit shall be for one year and application for renewal shall be on a form furnished by the Joint-Secretary. Such permit shall not be transferable. (b) No person shall be issued a permit until he has presented to the Board proof that he is proficient in the use of firearms and has received a minimum of four hours classroom instruction and has had a minimum of eight hours instruction on a firearms range and has passed the Standard Practical Pistol Course with a score of at least 60. (c) Any person engaged in the private security business, or registered in accordance with the provisions of Section 8, and issued a permit in accordance with this Section shall be authorized to carry any such firearm in an open and fully exposed manner. Such carrying of a firearm shall be limited to the time the employee is on duty or while going directly to and from work. No stopover enroute to or from work is permitted under the terms of this Act. (d) Personnel designated as Investigative by their employer shall submit a request to carry a concealed weapon to the board. The board shall consider and approve each such request on individual merit. When the board approves such an application in accordance with this Section the person named in the application shall be exempt from the provisions of Code section 26-2901, Code of Georgia of 1933, as amended, relating to carrying a concealed weapon. (e) Any person issued a permit in accordance with the provisions of this Section shall be exempt from the following provisions of Georgia law: (1) Code section 26-2903, Code of Georgia 1933, as amended, relating to carrying a pistol without a license; (2) Code section 26-2904, Code of Georgia 1933, as amended, relating to license to carry pistol or revolver. Section 13. Arrest powers. Any person covered by the

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provisions of section 9, or properly registered or licensed under this Act who is hired or employed to patrol, guard or render a similar service on certain property shall be granted the authority and power to arrest for a violation of the State law, laws of the several states or of the United States when such law violation (misdemeanor or felony) occurs in the presence of the person so covered by this Act. He shall have such powers of arrest only on the aforementioned property where he is employed or while in hot pursuit of persons whom he has observed commit such crime against the State of Georgia, the several states or the United States on said certain property. Section 14. Suspension or revocation of licenses; appeal. (a) The Board may, after hearing, suspend or permanently revoke a license or registration, or refuse to renew a license, issued under this Act if it determines that the holder of such license or registration has: (1) made any false statement or given any false information in connection with an application or renewal or reinstatement of a license or registration; (2) violated any provision of this Act; (3) violated any regulation promulgated by the Board pursuant to the authority contained in this Act; (4) been convicted of a felony or any crime involving moral turpitude or any other crime involving the illegal use, carrying or possession of a dangerous weapon. (5) committed any act in the course of the licensee's business constituting dishonesty or fraud; (6) impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer or employee of the United States or of this State or any political subdivision thereof since becoming licensed or registered; (7) engaged in or permitted any employee to engage in the detective business or private security business when not

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lawfully in possession of a valid license issued under the provisions of this Act; (8) willfully failed or refused to render to a client service or a report as agreed between the parties and for which compensation has already been paid or tendered in accordance with the agreement of the parties; (9) committed an unlawful breaking or entering, assault, battery or kidnapping since becoming licensed or registered; (10) knowingly violated or advised, encouraged or assisted the violation of any court order or injunction in the course of business as a licensee or registered agent; (11) committed any other act which is a ground for denial of an application for license or registration under this Act; (12) undertaken to given legal advice or counsel or to in anywise represent that he is representing any attorney or is appearing or will appear in any legal proceedings or to issue, deliver or utter any simulation of process of any nature which might lead a person or persons to believe that such simulation, written, printed or typed, may be a summons, warrant, writ or court process or any pleading in any court proceeding. (b) Pending the hearing provided for in subsection (a) of this Section the Board may suspend a license or registration issued under this Act when he has good reason to believe that grounds for revocation exist. (c) The revocation of a license or registration as provided in subsection (a) shall be in writing, signed by the Board, stating the grounds upon which revocation order is based, and the aggrieved person shall have the right to appeal from such an order within twenty days after a copy thereof has been served upon him to the superior court of the county where the person resided at time of revocation as herein provided. Trial on such appeal shall be de novo; provided, however, that if the parties so agree, such trial may be confined to a review of the record made at the hearing by the

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Board. Appeals shall be from the superior court as provided in other civil cases. Section 15. Exceptions. (a) This Act does not apply to: (1) an officer or employee of the United States of America, or of this State or a political subdivision of either, while the employee or officer is engaged in the performance of official duties; (2) a person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act; (3) an attorney-at-law in performing his duties; (4) admitted insurers, agents and insurance brokers licensed by the State, performing duties in connection with insurance transacted by them; (5) a peace officer employed on a full-time basis by a State, county or local law enforcement agency, working during his off-duty hours if such off-duty employment: (A) would otherwise come under the provisions of this Act, and (B) is on an independent contractor basis with an employer other than another peace officer or a business covered by the provisions of this Act; (6) a firm or its employees engaged in the business of independent insurance claims adjusting, whose employees hold a valid Georgia Adjuster's License. (b) The provisions of this Act do not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county, from imposing local regulations upon any street patrol special officer or upon any person who furnishes street patrol service or street patrol special officer, to require registration with an agency to be designated by the city, county, or city and county, including in the registration

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full information as to the identification and employment of the individual. Section 16. Penalty. 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. Section 17. Application of Act. On January 1, 1973, and continuing thereafter, no person, association, partnership or corporation shall engage in any activity covered by the provisions of this Act unless said person or corporation is in compliance with the provisions of this Act. Section 18. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1973. REVENUECERTAIN COMPRESSED PETROLEUM GAS EXEMPT FROM TAXATION. Code Chapter 92-14 Amended. No. 28 (House Bill No. 163). An act to amend Code Chapter 92-14, relating to motor fuel taxes, and known as the Motor Fuel Tax Law, as amended, so as to provide for a definition of compressed petroleum gas; to provide for a certain exemption from the motor fuel taxes; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-14, relating to motor fuel taxes, and known as the Motor Fuel Tax Law, as amended,

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is hereby amended by adding at the end of Code section 92-1402, relating to definitions, a new subsection (Q), to read as follows: (Q) `Compressed Petroleum Gas' shall mean and include all liquid petroleum products composed of Propane, Propylene, Butanes, Butylenes and any mixture thereof as determined by test method ASTM D-2163-66, Natural Gas Processors Association, Liquefied Petroleum Specifications, 1966 revision. Code 92-1402 amended. Section 2. Said Chapter is further amended by inserting between paragraphs (1) and (2) of subsection (E) of Code section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom a new paragraph (1A), to read as follows: (1A) The sale of compressed petroleum gas (as specified in subsection (Q) of section 92-1402 of this Chapter) shall be exempt from the motor fuel tax imposed by section 92-1403 (A) (1) of this Chapter when such compressed petroleum gas is sold to an ultimate consumer who, at the time of the sale, has no highway use for such fuel. Sales of compressed petroleum gas (as specified in subsection (Q) of section 92-1402 of this Chapter) to any person who purchases for the purpose of reselling such fuel or to consumers who have both highway and nonhighway uses of such fuel are not tax exempt under this section. In order for such persons to purchase or use such fuel tax exempt, they must become licensed as a distributor of such motor fuel under subsection (B) of section 92-1403 of this Chapter. Code 92-1403 amended. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1973.

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RETIREMENTPEACE OFFICERS' ANNUITY AND BENEFITS FUNDACT AMENDED. No. 29 (House Bill No. 307). An Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), an Act approved March 14, 1969 (Ga. L. 1969, p. 74), an Act approved February 26, 1970 (Ga. L. 1970, p. 93), an Act approved March 10, 1970 (Ga. L. 1970, p. 199) and an Act approved March 1, 1971 (Ga. L. 1971, p. 12), so as to change the benefits and provisions relative to persons who have previously retired; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951, (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February

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27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), an Act approved March 14, 1969 (Ga. L. 1969, p. 74), an Act approved February 26, 1970 (Ga. L. 1970, p. 93), an Act approved March 10, 1970 (Ga. L. 1970, p. 199), and an Act approved March 1, 1971 (Ga. L. 1971, p. 12), is hereby amended by striking the last paragraph of section 11, which reads as follows: The amounts provided for retirement benefits in this section shall apply to those members who have retired prior to April 1, 1971, as well as to those members who retire on or after said date. The service of each member who retired prior to April 1, 1971, shall be recomputed and if it is determined that the amounts provided for herein shall result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount, and shall be paid to him in the future, beginning April 1, 1971. If it is determined that an increase in retirement benefits will result for any such retired member, and he shall not have completed payment of dues for all service credit previously allowed as of the date of his retirement, the monthly dues provided for herein shall be deducted from his monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received. Provided, however, that no such member shall be allowed to change the option under which he originally retired, unless he shall again become employed as a peace officer as provided in the preceding paragraph of this Section, and complies with all the provisions of the preceding paragraph., and inserting in lieu thereof a new last paragraph of said section 11 to read as follows:

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The amounts provided for retirement benefits in this section shall apply to those members who have retired prior to April 1, 1973, as well as to those members who retire on or after said date. The service of each member who retired prior to April 1, 1973, shall be recomputed and if it is determined that the amounts provided for herein shall result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount, and shall be paid to him in the future, beginning April 1, 1973. If it is determined that an increase in retirement benefits will result for any such retired member, and he shall not have completed payment of dues for all service credit previously allowed as of the date of his retirement, the monthly dues provided for herein shall be deducted from his monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received. Provided, however, that no such member shall be allowed to change the option under which he originally retired, unless he shall again become employed as a peace officer as provided in the preceding paragraph of this section, and complies with all the provisions of the preceding paragraph., so that when so amended, section 11 shall read as follows: Section 11. (a) At the time a member qualifies for retirement payments, such member must choose one of three payment options and, upon proper application being presented by such member upon a form to be provided by the Board, the Secretary-Treasurer, upon approval by the Board, shall pay to such retired member a monthly sum based on one of the following three options: Previously retired members. Option 1. Single Life Annuity. Monthly Payment Level for Life of Member Only: The amount of the monthly payment to be paid under this option shall be an amount equal to $6.00 per month for each full year of creditable service, if such creditable service shall total at least 20 years and the member is 55 years of age or older. Such monthly benefit payment shall be paid on each full year of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits hereunder until his official duties

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as a peace officer shall have been terminated, except as otherwise provided in this Act, and unless he shall file an application for retirement benefits within ninety days from the date of the termination of his official duties as such peace officer, unless prevented therefrom for good cause. If such retiring member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which he has received service credit, dues shall be deducted from his monthly benefit check until such dues have been paid in full. Any member who has at least 20 years of creditable service for which dues have been fully paid, but who has not reached his 55th birthday, may cease paying monthly dues into the Fund, if he has terminated his employment as a peace officer, and upon reaching his 55th birthday, he may be eligible to receive retirement benefits as provided herein. Option 2. 100% Joint Life Annuity. Monthly Payment Level for Life of Either Husband or Wife: The amount of monthly payment to be paid under this option shall be based on the husband's age at retirement and the wife's age at the same date, and shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as provided under Option 1. Such actuarial equivalence shall be computed on the Mortality Table GA 51, with projection, using 6% interest, with a five year age setback for females, and monthly payment annuity functions. Option 3. Contingency Life Annuity. Fifty Per Cent Monthly Payment to Surviving Wife at Death of Husband: The amount of monthly payment to be paid under this option shall be based on the husband's age at retirement and the wife's age at the same date, and shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as provided under Option 1. Such actuarial equivalence shall be computed on the Mortality Table GA 51, with projection, using 6% interest, with a five year age setback for females, and monthly payment annuity functions.

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(b) Under either Option 2 or Option 3, in the event the wife of a retired member who is receiving retirement benefits, predeceases her husband, no subsequent wife of such member shall be entitled to monthly retirement benefits. It is the intention of the preceding sentence to limit retirement payments under Options 2 and 3, in the event of any such retired member's death, to the wife of such member who is in life at the time such member qualifies for retirement benefits and only so long as she remains the widow of such member. Should such widow remarry, any benefits payable to her shall cease and terminate as of the date of such remarriage. Nothing contained herein shall affect the provisions of this Act requiring payment into the Fund by a member for a minimum period of 20 years. Any peace officer becoming a member of the Fund between April 1, 1953 and March 31, 1965, inclusive, must remain an active member, and, in addition to completing the required years of service, must remit the correct amount of dues to the Fund for a period of three (3) years from the date of his becoming a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Section. Any peace officer becoming a member of the Fund for the first time on or after April 1, 1965, must remain an active member, and, in addition to completing the required years of service, must remit the correct amount of dues to the Fund for a period of five (5) years from the date of his becoming a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Section. Provided, however, that nothing contained in this Section shall be construed in any manner to alter the requirements of Section 8 of this Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the Fund the amount of dues required by this Act for all such service. Any member who, after being placed on retirement as above provided for, shall again become employed as a peace officer, shall immediately notify the secretary-treasurer of the Fund thereof and such retirement benefits being paid to such member shall be terminated as of the date of such re-employment

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and shall remain terminated for the duration of such reemployment. During such period of reemployment, said member shall pay regular monthly dues into this Fund as provided by law, and upon meeting the requirements provided by law, shall be entitled to all benefits provided for in sections 12 and 13 of this Act, but said member shall not be entitled to any increase in retirement benefits that may be provided in this Act, unless such reemployment shall be for a term of three years or more, in which latter instance such member may again apply for retirement as if he had not previously been retired, and he shall be entitled to such benefits as may be provided by law at that time, if he so chooses. The amounts provided for retirement benefits in this Section shall apply to those members who have retired prior to April 1, 1973, as well as to those members who retire on or after said date. The service of each member who retired prior to April 1, 1973, shall be recomputed and if it is determined that the amounts provided for herein shall result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount, and shall be paid to him in the future, beginning April 1, 1973. If it is determined that an increase in retirement benefits will result for any such retired member, and he shall not have completed payment of dues for all service credit previously allowed as of the date of his retirement, the monthly dues provided for herein shall be deducted from his monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received. Provided, however, that no such member shall be allowed to change the option under which he originally retired, unless he shall again become employed as a peace officer as provided in the preceding paragraph of this Section, and complies with all the provisions of the preceding paragraph. Section 2. This Act shall become effective April 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1973.

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RETIREMENTPEACE OFFICERS ANNUITY AND BENEFIT FUNDACT AMENDED. No. 30 (House Bill No. 308). An Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, (Ga. L. 1950, p. 50), as amended, so as to divide section 5 into subsections for easier reference; to require any member who has obtained a refund of his contributions to wait six (6) months before becoming eligible to re-join the Fund; to amend the definition of a peace officer; to provide that eligibility for benefits shall begin on the first day of the month following the month in which the member becomes eligible for retirement and terminates his active employment; to change the time and method of payment in which benefits are paid after a member dies as a result of injuries arising out of and in the course of his employment; to change the method of paying the benefit due for the last month of life of a retired member; 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 5 of the Peace Officers' Annuity and Benefit Fund, (Ga. L. 1950, pp. 50-52), as amended, is hereby further amended by striking the entire section and inserting in lieu thereof the following: Section 5. The Board of Commissioners is hereby given the following powers and duties: (a) To provide for the collection of all moneys provided for in this Act; Powers. (b) to provide for payment of all annuities and benefits to members of this fund as provided for by law; (c) to provide for and maintain all necessary administrative facilities and personnel;

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(d) to provide for payment of all administrative salaries, fees and expenses; (e) to hear and determine applications for membership in this Fund according to the terms of this Act; (f) to hear and determine applications for disability payments, death benefits and retirement, according to the terms of this Act; (g) to make rules, regulations and requirements consistent herewith for determining eligibility of members of said Fund for disability payments, death benefits and retirement; (h) to delegate its authority to invest funds to one or more members of the board; (i) upon application of any person who is or has been a legally qualified member of this Fund, as is provided for in this Act, to provide for a refund of such member of 95% of all dues paid by such member, over any and all periods of services as such a member, during which the nature of such services qualify as creditable services within the meaning of this Act; except that if a member takes a refund after April 1, 1965, while still employed as a peace officer, he shall not be eligible to be reinstated to membership in said Fund, but, after a period of at least six (6) months after taking a refund, he may apply for new membership in said Fund upon the terms, conditions and provisions as set forth in Section 9 of this Act, and providing he complies with all other provisions of this Act, and any lawful rules and regulations adopted by the Board, relating to membership in this Fund; (j) upon application of any person who shall have received a refund of dues prior to April 1, 1965, or of any person who is not employed as a peace officer and who receives a refund of dues after April 1, 1965, to provide for reinstatement of such person, as a member of this Fund and be given credit for all periods of service for which dues have previously been paid for such persons as a peace officer within the meaning of this Act providing such person shall, at the time of said application, be a peace officer within the meaning of this

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

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(o) Provided further, that said Board may delegate any and all duties and authorities herein granted to the secretary-treasurer under such conditions as may be deemed proper by said Board; provided, however, said Board shall at all times hear and determine any matter relative hereto if it so desires, or if such matter be referred to it by the secretary-treasurer, or upon appeal to said Board by any person affected by a decision made by the secretary-treasurer. Section 2. Section 8 of the Peace Officers' Annuity and Benefit Fund, (Ga. L. 1950, pp. 50, 53), as last amended by Ga. L. 1970, p. 199, is hereby further amended by striking the first sentence of section 8 in its entirety and substituting in lieu thereof the following: Section 8. The term `peace officer,' as used in this Act, shall mean all peace officers who are employed by the State of Georgia, or any subdivision, or municipality thereof, who are required by the term of their employment, whether by election or appointment, to give their full time to the preservation of public order, or the protection of life and property, or the detection of crime in the State of Georgia, or any political subdivision or municipality thereof. Peace officers defined. The remainder of section 8 shall continue as last written or amended. Section 3. Section 11. (a) of the Peace Officers' Annuity and Benefit Fund, (Ga. L. 1950, pp. 50, 54), as last amended by Ga. L. 1971, p. 12, is hereby further amended by striking the first paragraph of section 11.(a) in its entirety and substituting in lieu thereof the following. Section 11. (a) At the time a member qualifies for retirement payments, such member must choose one of three payment options. The member shall become eligible to begin receiving benefits on the first day of the month following the month in which the member qualified for retirement and terminated his active employment. A member shall present a completed application form to the secretary-treasurer. After approval by the Board, the secretary-treasurer shall pay to

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such retired member a monthly sum based on one of the following three options:. Options. The remainder of section 11.(a) shall continue as last written or amended. Section 4. Section 11(b) of the Peace Officers' Annuity and Benefit Fund, (Ga. L. 1950, pp. 50, 54), as last amended by Ga. L. 1971, p. 12, is hereby further amended by adding the following paragraph to section 11(b): Upon the death of any retired member, any unpaid monthly benefits shall be paid to the named beneficiary, if any, or if there is no named beneficiary, then to the estate of the retired member. Unpaid benefits. Section 5. The second paragraph of section 13 of the Peace Officers' Annuity and Benefit Fund, (Ga. L. 1950, p. 50), as last amended by Ga. L. 1969, pp. 74, 79, is hereby further amended by striking the figure $2,000 and substituting therein the figure $2,500 and by striking the words period of 25 months and substituting therein the words period of 20 months so that the paragraph, as amended, shall read: Any peace officer who, after lawfully becoming a member of said Annuity and Benefit Fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer and not resulting from willful misconduct of such officer from which injury, death of such officer shall result as the direct and proximate cause thereof, within a period of 12 months from the date thereof, the designated beneficiary of said officer shall, upon application to the Board of Commissioners and lawful proof of said injury and death as the direct and proximate result thereof, be paid a sum of $4,500, $2,500 of which shall be paid instanter and the balance at the rate of $100.00 per month for a period of 20 months immediately subsequent to the date of said death. Provided, however, if such peace officer received any disability benefits under provisions of this Act, the $4,500.00 death benefits provided for under this section shall be reduced

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in the amount of such disability benefits received, however, in no event shall such death benefit be less than $1,500.00, regardless of the amount of benefits such peace officer may have drawn prior to his death. Death because of injury. The remainder of section 13 shall continue as last written or amended. Section 6. This Act shall become effective April 15, 1973. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1973. STATE BALLET COMPANY DESIGNATED. No. 4 (House Resolution No. 299). A Resolution. Designating the Atlanta Ballet as the State Ballet Company; and for other purposes. Whereas, the Atlanta Ballet, founded in 1929, is the oldest continually performing dance company in the United States; and Whereas, in 1956, under the guidance of Dorothy Alexander, who is the founder of the Atlanta Ballet, the first Regional Festival was held in Atlanta; and Whereas, the Atlanta Ballet has been named a Major Company by the National Association for Regional Ballet, in recognition of artistic achievement, contribution to dance, and to the performing arts of the State and nation; and

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Whereas, the Atlanta Ballet is the only regularly touring dance company in the State, and has performed in practically every city and town in Georgia; and Whereas, the Atlanta Ballet has toured the nation from Maine to Texas, and from Florida to Alaska; and Whereas, without any financial assistance from a government agency, the Atlanta Ballet has continuously presented educational programs on dance in schools and for a wide range of civic groups throughout the State; and Whereas, on March 16, 1973, the Atlanta Ballet will receive a national tribute at a benefit performance, and the greatest names in the dance world will come to Atlanta to honor the dance company; and Whereas, Georgians in all walks of life can take pride in the accomplishments and contributions made by the Atlanta Ballet. Now, therefore, be it resolved by the General Assembly of Georgia that the members of this Body do hereby commend the members of the Atlanta Ballet on their outstanding achievements and do hereby designate the Atlanta Ballet as the State Ballet Company. 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 Mr. Robert Barnett, Director of the Atlanta Ballet. Approved March 14, 1973.

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METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE CREATED. No. 5 (House Resolution No. 172-648). A Resolution. To create the Metropolitan Atlanta Rapid Transit Overview Committee; and for other purposes. Whereas, the Metropolitan Atlanta Rapid Transit Authority will shortly commence the construction of one of this State's largest projects, which will place upon the State and local governments vast demands upon their ability to anticipate and meet the orderly planning processes which will be created by this project; and Whereas, the planning and implementation of a rapid transit system for the metropolitan Atlanta area is a vital concern to the State as a whole and, in particular, to the local governments of the metropolitan Atlanta area; and Whereas, the Metropolitan Atlanta Transit Authority is a creature of the General Assembly, having been created for the purpose of providing a rapid transit system for the metropolitan Atlanta area; and Whereas, the projects of the Authority are not only of an interest and concern of the metropolitan Atlanta region, but are Statewide in scope, principally because the funds to support the activities of the Authority are provided by practically all of the State's citizens; and Whereas, it is incumbent upon the members of the General Assembly to periodically review the efficiency and effectiveness with which such Authority is meeting its legislatively created purposes. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the Chairman of the State Planning and Community

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Affairs Committee of the House, the Chairman of the County and Urban Affairs Committee of the Senate, or his designee, the Chairman of the Ways and Means Committee of the House, the Chairman of the Banking and Finance Committee of the Senate, two members of the House appointed by the Speaker, at least one of whom shall be from the area served by the Authority, and two members of the Senate, to be appointed by the President thereof, at least one of whom shall be from the area served by the Authority. The Chairman of the State Planning and Community Affairs Committee shall serve as the Chairman of the Committee. The Legislative Counsel shall be an ex officio, nonvoting, member of the Committee, and the Chairman of the County and Urban Affairs Committee shall serve as the Vice-Chairman. The Committee shall periodically inquire into and review the operations, contracts, safety, financing, organization and structure of the Metropolitan Atlanta Rapid Transit Authority, as well as periodically review and evaluate the success which said Authority is accomplishing its legislatively created purposes. The State Auditor and the Attorney General shall make available to the Committee the services of its staff, facilities and powers in order to assist the Committee in its discharge of its duties herein set forth. The Committee may employ staff and secure the services of independent accountants, engineers and consultants, provided that both the employment and the amount of compensation to be received by such personnel is authorized by a joint resolution of the General Assembly. Upon authorization by joint resolution of the General Assembly, the Committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties. The Metropolitan Atlanta Rapid Transit Authority shall cooperate with the Committee, its authorized personnel, the Attorney General and the State Auditor in order that the charges of the Committee, set forth herein, may be timely and efficiently discharged. The Authority

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shall submit to the Committee such reports and data as the Committee shall reasonably require of the Authority in order that the Committee may adequately inform itself of the activities of the Authority required by this Resolution. The Committee shall, on or before the first day of January of each year, and at such other times as it deems it takes in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Metropolitan Atlanta Rapid Transit Authority, as set forth herein. In the discharge of its duties, the Committee shall evaluate the performance of the Authority in providing public transportation consistent with the following criteria: (1) public safety; (2) prudent, legal and accountable expenditure of public funds; (3) responsiveness to community needs and community desires; (4) economic vitality of the transportation system and economic benefits to the community; (5) efficient operation; and (6) impact on the environment. The members of the Committee shall receive the same compensation, per diem, expenses and allowances for their services on the Committee as is authorized by law for members of interim legislative study committees. Be it further resolved that nothing contained within this Resolution shall relieve the Metropolitan Atlanta Rapid Transit Authority of the responsibilities imposed upon it under the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, for the planning,

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designing, purchasing, acquiring, constructing, improving, equipping, financing, maintaining, administering and operating a system of rapid transit for the metropolitan area of Atlanta. Approved March 16, 1973. ATLANTA METROPOLITAN RAPID TRANSIT AUTHORITY OVERVIEW COMMITTEEEXPENDITURES PROVIDED. No. 6 (House Resolution No. 291-1110). A Resolution. Authorizing the expenditure of certain sums of money by the Atlanta Metropolitan Rapid Transit Authority Overview Committee; and for other purposes. Whereas, the Atlanta Metropolitan Rapid Transit Authority Overview Committee has been created for the purpose of reviewing the efficiency with which the Atlanta Metropolitan Rapid Transit Authority is carrying out its legislatively imposed charges in the Authority's endeavor to provide a rapid transit system for the Metropolitan Atlanta Area; and Whereas, said Committee is authorized to expend State funds in order to meet its obligations if authorized by a Joint Resolution of the General Assembly. Now, therefore, be it resolved by the General Assembly of Georgia that the Atlanta Metropolitan Rapid Transit Authority Overview Committee is authorized to expend for the 1972-73 fiscal year not more than $10,000 and for the 1973-74 fiscal year not more than $30,000 for the purposes of engaging or employing personnel and the expenditure of necessary expenses to assist the Committee in the discharge of its official duties, the exact sum for expenditure to be approved from time to time by the

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Speaker of the House of Representatives and the President of the Senate. Any sums not expended during the 1972-73 fiscal year may be added to and expended during the 1973-74 fiscal year. Be it further resolved that the funds necessary for the purposes of this Resolution shall come from the funds appropriated to and available to the Legislative Branch of government. Be it further resolved that in addition to members of the Metropolitan Atlanta Rapid Transit Overview Committee already provided for, said Committee shall be composed of two additional members of the House of Representatives and two additional members of the Senate, all of whom shall be appointed to the Committee by the Governor. The Department of Transportation shall make available to the Committee the services of its staff, including engineers and consultants, in order to assist the Committee in its discharge of its duties. Approved March 17, 1973. GEORGIA CIVIL DEFENSE ACT OF 1951 AMENDED. No. 37 (House Bill No. 385). An Act to amend an Act known as the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224) as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 628), an Act approved March 3, 1962 (Ga. L. 1962, p. 469), an Act approved March 3, 1962 (Ga. L. 1962, p. 473), an Act approved March 3, 1962 (Ga. L. 1962, p. 475), and an Act approved April 9, 1963 (Ga. L. 1963, p. 473), so as to redefine the policy and purpose of civil defense; to redefine civil defense to include all emergencies and disasters,

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or the imminent threat thereof, resulting from man-made or natural causes, or enemy attack; to expand the coverage of civil defense to include environmental emergencies; to redefine the civil defense powers of the Governor; to enlarge the emergency powers of the Governor; to require all non-governmental rescue organizations, associations, groups, teams or individuals, not licensed by the Department of Human Resources as an ambulance service, to be certified by the State Director of Civil Defense prior to performing any rescue or civil defense type activity; to authorize the Director of Civil Defense to promulgate rules and regulations required to effectuate the purposes and provisions of this Act; to provide for compensation of non-governmental employees of mobile support units; to redefine emergency; to define disaster; to provide conditions under which the General Assembly and local governments operate during emergencies and disasters; to delete the present limitation, of actual enemy attack, on the emergency operations of the General Assembly and local governments; 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 Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 628), an Act approved March 3, 1962 (Ga. L. 1962, p. 469), an Act approved March 3, 1962 (Ga. L. 1962, p. 473), an Act approved March 3, 1962 (Ga. L. 1962, p. 475), and an Act approved April 9, 1963 (Ga. L. 1963, p. 473), is hereby amended by striking section 2 thereof in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. Policy and Purpose. (a) Because of the existing and increasing possibility of the occurrence of emergencies or disasters, resulting from man-made or natural causes, or enemy attack, and in order to insure that preparations of this State will be adequate to deal with such emergencies or disasters, and generally to provide for the

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common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the State of Georgia, it is hereby found and declared to be necessary: (1) to create a State Civil Defense Agency, and to authorize the creation of local organizations for civil defense in the political subdivisions of the State; (2) to confer upon the Governor and upon the executive heads of governing bodies of the political subdivisions of the State the emergency powers provided herein; (3) to provide for the rendering of mutual aid among the political subdivisions of the State, and with other States, and with the Federal Government with respect to the carrying out of civil defense functions; and (4) to authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this Act. (b) It is further declared to be the purpose of this Act and the policy of the State of Georgia that all civil defense functions of this State be coordinated to the maximum extent with the comparable functions of the Federal Government including its various departments and agencies, of other States and localities, and of private agencies, of every type, to the end that the most effective preparation and use may be made of the Nation's manpower, resources, and facilities for dealing with any emergency or disaster that may occur. Section 2. 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. Definition. As used in this Act the term `civil defense' shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting

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from emergencies or disasters, or the imminent threat thereof, of man-made or natural origin, caused by enemy attack, sabotage, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill, or other water contaminations requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot, or other hostile action, or other causes. These functions include, without limitation, fire fighting services, police services, medical and health services, rescue, engineering, warning services, communications, defense from radiological, chemical and other special weapons, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. 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. Civil Defense Powers of the Governor. (a) The Governor shall have general direction and control of the Civil Defense Division, and shall be responsible for the carrying out of the provisions of this Act, and in the event of disaster or emergency beyond local control, may assume direct operational control over all or any part of the civil defense functions within this State. (b) In performing his duties under this Act, the Governor is further authorized and empowered: (1) To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this Act with due consideration to the plans of the Federal Government. (2) To prepare a comprehensive plan and program for the civil defense of this State, such plan and program to be integrated into and coordinated with the Defense Civil

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Preparedness Agency plans of the Federal Government and of other States to the fullest possible extent, and to coordinate the preparation of plans and programs for civil defense by the political subdivisions of this State, such plans to be integrated into and coordinated with the civil defense plan and program of this State to the fullest possible extent. (3) In accordance with such plan and program for the civil defense of this State, to ascertain the requirements of the State or the political subdivisions thereof for food, clothing, or other necessities of life, in the event of a man-made or natural emergency or disaster, or enemy attack and to plan for and procure supplies, medicines, materials, and equipment, and to use and employ from time to time any of the property, services, and resources within the State, for the purposes set forth in this Act; to make surveys of the industries, resources, and facilities within the State as are necessary to carry out the purposes of this Act; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of civil defense organizations in advance of actual emergency or disaster, to insure the furnishing of adequately trained and equipped forces of civil defense personnel in time of need. (4) To coordinate with the President and heads of the Armed Forces, and the Defense Civil Preparedness Agency of the United States, and with the officers and agencies of other States in matters pertaining to the civil defense of the State and Nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate Federal officers and agencies, for any action looking to civil defense, including the direction or control of civil defense exercises he deems necessary and appropriate for operational capability. (5) To take such action and give such directions to State and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing

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compliance with the provisions of this Act and with the orders, rules, and regulations made pursuant thereto. (6) To employ such measures and give such directions to the State or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this Act or with the findings or recommendations of such boards of health by reason of conditions arising from emergencies or disasters, man-made or natural, or the threat of enemy attack or otherwise. (7) To utilize the services and facilities of existing offices, and agencies of the State and of the political subdivisions thereof; and all such offices and agencies shall cooperate with and extend their services and facilities to the Governor as he may request. (8) To establish agencies and offices and to appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this Act including, with due consideration to the recommendations of the local authorities, full-time State and regional area or field coordinators. (9) To delegate any authority vested in him under this Act. (10) On behalf of this State to enter into reciprocal aid agreements or compacts with other States and the Federal Government, either on a State-wide basis or local political subdivision basis or with a neighboring State. Such mutual aid arrangements shall include but not be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services; emergency housing; police services; National or State guards while under the control of the State; health, medical and related services; fire fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel, and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel, and similar items for mobile

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support units; fire fighting, and police units and health units; and on such terms and conditions as are deemed necessary. (11) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the State, similar to the mutual aid arrangements with other State referred to above. (12) In addition to the emergency and disaster prevention measures included in the State and local Civil Defense emergency and disaster plans, the Governor shall make such studies, surveys, or analyses of potential emergency or disaster areas of the State as he deems necessary, both public and private, to prevent or reduce the harmful consequences of emergencies or disasters, resulting from man-made or natural causes, or from enemy attack; and develop or cause to be developed measures to reduce such harmful consequences indicated in such studies, survey or analyses. Section 4. 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. Emergency Powers. (a) In the event of actual or impending emergency or disaster, of natural or man-made origin, or impending or actual enemy attack, within or affecting the State of Georgia, or against the United States, the Governor may declare that a state of emergency or disaster exists. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with to the extent that emergency or disaster conditions no longer exists and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than thirty (30) days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster.

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(b) A declaration of a state of emergency or disaster shall activate the emergency and disaster response and recovery aspects of the State and local emergency or disaster plans applicable to the political subdivision or area in question and be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, and materials and facilities assembled, stockpiled, or arranged to be made available pursuant to this Act or any other provision of law relating to emergencies or disasters. (c) The Governor shall have and may exercise for such period as such state of emergency or disaster exists or continues, the following additional emergency powers: (1) To enforce all laws, rules, and regulations relating to civil defense and to assume direct operational control of all civil forces and helpers in the State; (2) To seize, take for temporary use, or condemn property for the protection of the public in accordance with condemnation proceedings as provided by law; (3) To sell, lend, give, or distribute all or any such property among the inhabitants of the State and to account to the proper agency for any funds received for such property; (4) To perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population. (5) In addition to any other powers conferred upon the Governor by law, he may: (a) suspend the provisions of any regulatory statute prescribing the procedures for conduct of State business, or the orders, rules, or regulations of any State agency, if strict compliance with the provisions of any statute, order, rule, or regulations would in any way prevent, hinder, or

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delay necessary action in coping with the emergency or disaster; (b) utilize all available resources of the State government as reasonably necessary to cope with the emergency or disaster and of each political subdivision of the State; (c) transfer the direction, personnel, or functions of State departments and agencies or units thereof for the purpose of performing or facilitating emergency services; (d) commandeer or utilize any private property if he finds this necessary to cope with the emergency or disaster; (e) direct and compel the evacuation of all or part of the population from any stricken or threatened area within the State if he deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; (f) prescribe routes, modes of transportation, and destination in connection with evacuation; (g) control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; (h) suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; and (i) make provision for the availability and use of temporary emergency housing. (j) when the available funds are not sufficient for the purpose of paying the expenses incident to carrying out the provisions authorized by this Act, the Governor may transfer from any available fund in the State treasury, such sum as may be necessary to meet such emergency or disaster, and said moneys so transferred, shall be repaid to the fund from which tarnsferred when moneys become

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available for that purpose by legislative appropriation or otherwise. (k) In the event that the Governor proclaims an emergency or disaster, as defined by this Act, to be a catastrophe within the meaning of subparagraph b, Paragraph IV, Section IX, Article VII of the Constitution of the State of Georgia of 1945, as amended, the funds referred to in said paragraph of the Constitution may be utilized by the Governor for the purpose of carrying out the provisions authorized by this Act. Section 5. 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. Mutual Aid Arrangements. (a) The director of each local organization for civil defense may, in collaboration with other public and private agencies within this State, develop or cause to be developed mutual aid arrangements for reciprocal civil defense aid and assistance in case of emergency or disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the State civil defense plan and program, and in time of emergency it shall be the duty of each local organization for civil defense to render assistance in accordance with the provisions of such mutual aid arrangements. (b) The director of each local organization for civil defense may, subject to the approval of the Governor, enter into mutual aid arrangements with civil defense agencies or organizations in other States for reciprocal civil defense aid and assistance in case of emergency or disaster too great to be dealt with unassisted. Section 6. 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. Local Organization for Civil Defense. (a) The governing body of each city of this State having a population of 1,000 or more according to the United States census

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of 1970 or according to any subsequent United States census and each county of the State is hereby authorized and directed to establish a local organization for civil defense in accordance with the State civil defense plan and program. The Governor, or the Director at the request of the Governor, may also establish local organizations in other cities whenever he determines there exists a need for such local organizations. Provided, however, any two or more of the above mentioned political subdivision may, with the approval of the Director, contract with each other so as to form one civil defense organization for the entire area included in the bounds of the contracting political subdivisions. (The term `political subdivision' for the purpose of this Chapter shall mean: (1) Cities having a population of over 1,000; (2) Cities having a population of less than 1,000 in which the Governor has established a local organization; and (3) Counties.) The executive officer or governing body of the political subdivision is authorized to nominate a director whose nomination must be endorsed by the State Civil Defense Director prior to appointment by the Governor. The Director shall have direct responsibility for the organization, administration and operation of such local organization for civil defense, subject to the direction and control of such executive officer or governing body. Each local organization for civil defense shall perform civil defense functions within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of this Act. (b) Each political subdivision shall have the power and authority: (1) To appropriate and expend funds, execute contracts, obtain and distribute equipment, materials, and supplies for civil defense purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency or disaster resulting from manmade or natural causes, or enemy attack and to direct and coordinate the development of civil defense plans and

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programs in accordance with the policies and plans set by the Federal and State civil defense agencies; (2) To appoint, employ, remove, or provide, with or without compensation, chiefs of services, warning personnel, rescue teams, auxiliary fire and police personnel, and other civilian defense workers; (3) To establish a primary and one or more secondary control centers to serve as command posts during an emergency or disaster; (4) Subject to the order of the Governor, or the chief executive of the political subdivision, to assign and make available for duty, the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for civil defense purposes and within or outside of the physical limits of the subdivision. Section 7. 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. Mobile Support Units. (a) The Governor, or the Director at the request of the Governor, is authorized to create and establish such number of mobile support units as may be necessary to reinforce civil defense organizations in stricken areas and with due consideration of the plans of the Federal Government and of other States. He shall appoint a commander for each such unit who shall have primary responsibility for the organization, administration, and operation of such unit. Mobile support units shall be called to duty upon orders of the Governor or the Director and shall perform their functions in any part of the State, or upon the conditions specified in this Section, in other States. (b) Personnel of mobile support units while on duty, whether within or without the State, shall:

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(1) if they are employees of the State, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; (2) if they are employees of a political subdivision of the State, and whether serving within or without such political subdivision have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and (3) if they are not employees of the State or a political subdivision thereof, be entitled to adequate compensation incidental to their employment by the State for their services and to the same rights and immunities as are provided by law for the employees of this State. All personnel of mobile support units shall, while on duty, be subject to the operational control of the authority in charge of civil defense activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses. (c) The State shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of such political subdivisions while serving as members of a mobile unit, and for all payments for death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such mobile support unit. (d) Whenever a mobile support unit of another State shall render aid in this State pursuant to the orders of the Governor of its home State and upon the request of the Governor of this State, this State shall reimburse such other State for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of such mobile support unit while rendering such aid, and for all payments for death, disability, or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other State or a political subdivision thereof resulting from

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the rendering of such aid. Provided, that the laws of such other State contain provisions substantially similar to this Section or that provisions to the foregoing effect or embodied in a reciprocal mutual aid agreement or compact or that the Federal Government has authorized or agreed to make reimbursement for such mutual aid as above provided. (e) No personnel of mobile support units of this State shall be ordered by the Governor to operate in any other State unless the laws of such other State contain provisions substantially similar to this Section or unless the reciprocal mutual aid agreements or compacts include provisions providing for such reimbursement or unless such reimbursement will be made by the Federal Government by law or agreement. Section 8. Said Act is further amended by striking section 17 in its entirety and substituting in lieu thereof a new section 17 to read as follows: Section 17. Immunity. (a) Neither the State nor any political subdivision of the State, nor the agents or representatives of the State or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer civilian defense worker, or member of any agency engaged in civilian defense activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under the workmen's compensation law or Section 10 hereof or any pension law or any Act of Congress. (b) Neither the State nor any political subdivision of the State nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the State or any political subdivision thereof, nor any volunteer or auxiliary civilian defense worker or member of any agency engaged in any civilian defense activity, complying with or reasonably attempting to comply with this Act, or any order, rule, or regulation promulgated pursuant to the provisions of this Act, or pursuant to any ordinance relating to precautionary measures enacted by any political

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provisions of this Act, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the State, shall be liable for the death of or the injury to person, or for damage to property, as a result of any such activity. Section 9. Said Act is further amended by striking section 25 in its entirety and substituting therefor a new section 25 to read as follows: Section 25. (a) As used in this section, the following words shall have the following meanings unless the context clearly indicates a contrary meaning: (1) Unavailable means either that a vacancy in an office exists as the result of any emergency as hereinafter defined and there is no deputy or other successor authorized to exercise all of the powers and discharge all of the duties of the office, or the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office; Definitions. (2) Emergency interim successor means a person designated pursuant to this Section, in the event an officer is unavailable to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be prescribed by the Constitution, statutes, laws, charters and ordinances of this State and its political subdivisions, or until the lawful incumbent or his successor is able to resume the exercise of the powers and the discharge of the duties of the office. (3) Office means the position of head of any and all departments, agencies, boards of commissions of the State or any of its political subdivisions, all constitutional State House offices, all constitutional and other county offices, all of the judgeships of the State and its political subdivisions and all of the positions in the legislative departments of the State or its political subdivisions. Officer means the individual who shall hold an office. State Office and State

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Officer shall pertain to positions in the government of the State of Georgia; and local offices and local officers shall pertain to positions in the political subdivisions of the State. (4) Political subdivisions shall mean cities, counties, towns, villages, authorities and any other bodies created by the State and exercising any of the governmental powers of the State. (5) Emergency means a sudden generally unexpected occurrence or set of circumstances demanding immediate action. (6) Disaster means any happening that causes great harm or damage. (b) All State officers, shall within thirty (30) days after the approval of this Act by the Governor or after it otherwise becomes a law or within thirty (30) days after taking office, whichever date shall be later, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of office, designate by title individuals as emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this Act to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three (3), nor more than seven (7), such deputies or emergency interim successors or any combination thereof, at any time. In the event that any State officer is unavailable following an emergency or disaster, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this Act (or other official authorized under the Constitution or his Act to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed,

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or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise, or resume the exercise of, the powers and discharge the duties of his office. (c) All emergency interim successors designated under this Act shall have the same qualifications as are prescribed by law for the officer by whom they are designated. (d) Designations of emergency interim successors to State officers shall become official upon the officer filing a list of such successors with the Secretary of State, who shall inform the Governor, the State Office of Civil Defense, all emergency interim successors to the officer involved and the Ordinary of the county of legal residence of the successors of all such designations and any changes therein. Any designation of an emergency interim successor may be changed or altered by the officer concerned filing a notice of such change or alteration with the Secretary of State. (e) All constitutional county officers shall, within thirty (30) days after the approval of this Act or after it otherwise becomes a law or within thirty (30) days after taking office, whichever date shall be later, in addition to any deputy authorized pursuant to law to exercise all the powers and discharge the duties of the office, designate by title individuals as emergency interim successors and specify their order of succession. Such successors shall have the same powers, duties and qualifications as specified by subsection (b) and (c) of this Act for successors to State officers. Designations of such successors shall be made in the same manner as prescribed for successors to State officers in subsection (d) of this Section. (f) The legislative bodies of all political subdivisions of the State are hereby authorized and directed to provide by ordinance or resolution for emergency interim successors for the officers of such political subdivisions. Such resolutions and ordinances shall not be inconsistent with the provisions of this Act.

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(g) At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office. (h) Emergency interim successors shall receive the same compensation as is paid the officer by whom they are appointed. Such compensation shall be paid only during such time as a successor shall exercise the powers of the officer by whom he has been designated. (i) Governmental powers shall be exercised by emergency interim successors appointed under this Section only during a period of emergency or disaster as defined by this Section. (j) The operation of this Section, as applied to any office or officer to which it may not constitutionally or lawfully apply, is hereby suspended until such time as the Constitution of the State shall be amended, so as to make this Section applicable to all officers and offices. Upon the ratification of such an amendment to the Constitution, this Act shall become completely operative as to all offices and officers. Without limiting the generality of the foregoing, the operation of the provisions of this Section shall be suspended as to the judgeships in this State, and as to members of the General Assembly of this State until such time as this Section shall be applicable to all offices and officers. Section 10. Said Act is further amended by striking section 7a in its entirety and substituting therefor a new section 7a to read as follows: Section 7a. (a) Whenever, due to an emergency or disaster resulting from man-made or natural causes, or enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of State government at the normal location of the seat thereof in Atlanta, Fulton County, Georgia, the Governor shall, as often as the exigencies

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of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this State as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of State government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency or disaster is declared to be ended by the Governor, and the seat of government is returned to its normal location. Emergency government location. (b) During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority in this State, including the convening and meeting of the legislature shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government. Section 11. Said Act is further amended by striking section 7b in its entirety and substituting in lieu thereof a new section 7b to read as follows: Section 7b. The General Assembly shall meet at the new location provided for in section 7a either upon the call of the Governor, or if no call is issued, through the initiative of the members thereof following an emergency or disaster resulting from man-made or natural causes, or enemy attack, impending or affecting the State of Georgia. At such time the General Assembly shall not be limited by any constitutional provisions relating to length of sessions, and it may suspend the operation of any and all constitutional rules governing the procedure of both the House of Representatives and the Senate as it deems necessary during the period of emergency or disaster. General Assembly.

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Section 12. Said Act is further amended by striking section 7c in its entirety and substituting in lieu thereof a new section 7c to read as follows: Section 7c. Whenever, due to an emergency or disaster resulting from man-made or natural causes, or enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision, including but not limited to each and every city, county and municipality of the State, may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency or disaster situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this State. During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and othe officers of a political subdivision of this State shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision. Location of local government. Section 13. Said Act is further amended by adding, following section 7c, a new Section to be designated section 7d, to read as follows: Section 7d. The provisions of sections 7a, 7b and 7c of this Act shall be operative only in the event and for the duration

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of an emergency or disaster of man-made or natural causes, or enemy attack, impending on or affecting the State of Georgia and/or affecting the United States as proclaimed by an appropriate State official. Restriction. Section 14. Said Act is further amended by adding, following section 26, a new Section to be designated section 27, to read as follows: Section 27. All rescue organizations, associations, groups, teams or individuals, whether or not they are holders of a charter issued by the State of Georgia or officers thereof, which have not been licensed by the Department of Human Resources as an ambulance service, shall be prohibited from performing any rescue or civil defense type activity until such organization, association, group, team or individual has been certified by the State Director of Civil Defense. Rescue organizations, etc. Section 15. Said Act is further amended by adding, following section 27, a new Section to be designated section 28, to read as follows: Section 28. The State Director of Civil Defense shall be authorized to promulgate such rules and regulations required to effectuate the purposes of this Act. Rules. Section 16. Said Act is further amended by striking section 3 of the amendatory Act approved March 3, 1962 (Ga. L. 1962, p. 473) in its entirety. Repealer. Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1973.

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EMPLOYEES RETIREMENT SYSTEMACT AMENDEDMESSENGERS AND DOORKEEPERS. No. 38 (Senate Bill No. 64). An Act to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 18, 1971 (Ga. L. 1971, p. 109), and an Act approved March 27, 1972 (Ga. L. 1972, p. 543), so as to correct the numbering of subsection (13) of section 3; to make and clarify provisions relative to certain persons who were serving as Messenger or Doorkeeper of either of the two Houses; 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), and an Act approved March 27, 1972 (Ga. L. 1972, p. 543), is hereby amended by changing the number of subsection (13) of section 3 to (15), and by adding at the end of said subsection (15) of section 3 a new paragraph to read as follows: Any person who was serving as Messenger or Doorkeeper of either of the two Houses of the General Assembly on January 8, 1973, and who was a member of the Employees Retirement System of Georgia on said date, is hereby authorized to contribute the same amount in the same manner and under the same conditions as members of the General Assembly which any such person would have been authorized to contribute had he become a member under and pursuant to the provisions of the Legislative Retirement System Act, and any such person shall acquire the same rights and the same credits in the same manner and under the same conditions as members of the General Assembly which any such person would have acquired had he become a member under

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and pursuant to the provisions of the Legislative Retirement System 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 15, 1973. CRIMESHOCKEY GAMESSALE OF TICKETSCERTAIN ACTIVITY PROHIBITED. No. 44 (House Bill No. 703). An Act to amend an Act regulating the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket, approved March 10, 1970 (Ga. L. 1970, p. 172), so as to include hockey games; to authorize a service charge not to exceed one dollar; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket, approved March 10, 1970 (Ga. L. 1970, p. 172), is hereby amended by adding in section 1 the words hockey game following the words soccer game, and preceding the words or golf tournament, and by adding at the end of said Section 1 the words: provided, however, that a service charge not to exceed one dollar, may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established businesses licensed to do business by the

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municipality or county, where applicable, in which such places of business are located., so that when so amended, said section 1 shall read as follows: Section 1. It shall be unlawful for any person to sell, or offer for sale, any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or golf tournament for a price in excess of the price printed on the ticket, provided, however, that a service charge, not to exceed one dollar, may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established businesses licensed to do business by the municipality or county, where applicable, in which such places of business are located. 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 15, 1973. RAILROADSERECTION OF REFLECTORIZED RAILROAD CROSSBUCK SIGNS REQUIRED, ETC. No. 54 (Senate Bill 119). An Act to require railroad companies to erect and maintain reflectorized Railroad Crossbuck Signs at certain crossings; to provide for standards; to provide for injunctive relief; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each railroad company shall, by July 31, 1976, erect and continue to maintain a reflectorized Railroad Cross-back

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Sign at each crossing at grade where a Railroad Crossbuck Sign is required by Georgia law to be erected. Such reflectorized Railroad Crossbuck Signs shall conform to standards established by the Georgia Department of Transportation. Requirement. Section 2. The State Department of Transportation or the governing authority of a county or incorporated municipality, with respect to roads under its jurisdiction, may petition to enjoin a railroad's performance of posting of reflectorized Railroad Crossbuck Signs, as such duty is imposed by Section 1 of this Act. Injunction. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1973. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS ACTCITIES MAY ADOPT ACT, ETC. No. 56 (House Bill No. 410). An Act to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec., p. 556), as amended, particularly by an Act approved March 16, 1955 (Ga. L. 1955, p. 736), so as to provide that all cities and local authorities may adopt all or a portion of the Uniform Act Regulating Traffic on Highways; to provide for the trial of offenders; 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 Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec., p. 556), as amended, particularly by an Act approved March 16, 1955 (Ga. L. 1955, p. 736), is hereby amended by striking from the appropriate numbered section of said Act,

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designated as section 1 in the 1955 amendment (Ga. L. 1955, p. 736), the following: Provided, however, that this section shall not apply to counties having a population of less than 108,000 according to the 1950 U.S. census or any future census., so that when so amended the appropriate numbered section of said Act, designated as section 1 of the 1955 amendment (Ga. L. 1955, p. 736), shall read as followes: Section 1. Cities and local authorities may adopt traffic regulations which are not in conflict with the provisions of this Act and may, in order to insure complete uniformity and to expedite enforcement, adopt all or such portions of this Act as to them may seem appropriate as city ordinances for such cities, and the recorder or city judge may punish violations thereof by fines not to exceed those set forth in this Act, and by sentences within the limits of the respective city charters. All offenders apprehended by city law enforcement officers shall be tried by the appropriate city tribunal except as hereinafter provided. All offenders apprehended by county or State law enforcement officers shall be tried by the appropriate county or State tribunal. Provided, however, that if the offense charged constitutes a violation of any provision of this Act, and the defendant elects to have the charge treated as a State offense and waives commitment, the recorder or city judge shall summarily fix his bond and bind his case over to the appropriate State tribunal. 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, 1973.

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REAL ESTATE BROKERS AND SALESMENACT REVISED. Code Title 84 Amended. No. 57 (House Bill No. 576). An Act to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to comprehensively revise the laws relating to the regulation of real estate brokers and salesmen; to provide definitions; to provide for licenses and license fees for real estate brokers and salesmen; to provide for exceptions; to provide for actions; to provide for a Georgia Real Estate Commission, its powers, duties and compensation; to provide for a Real Estate Commissioner, his powers, duties and compensation; to provide for annual reports and the contents thereof; to provide for a seal; to provide for nonresident brokers; to provide for hearings and appeals; to provide for separate bank accounts for persons engaged in the real estate business; to provide for real estate sales in subdivisions; to regulate real estate contracts; to provide for certain actions and injunctive relief; to provide for a real estate recovery fund, its purpose and recovery from such fund; 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. Code Title 84, relating to professions, businessnesses and trades, as amended, is hereby amended by striking Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, in its entirety and inserting in lieu thereof a new Code Chapter 84-14 to read as follows: CHAPTER 84-14. REAL ESTATE BROKERS AND SALESMEN. 84-1401. Definitions. As used in this Chapter, the following terms shall have the following meanings except where the context clearly indicates that another meaning is intended:

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(a) `Real estate' shall mean and include business opportunity, condominiums and leaseholds, as well as eny other interest or estate in land, whether corporeal, incorporeal, freehold or non-freehold, and whether the real estate is situated in this State or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. Mobile home means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units. (b) `Broker' shall mean any person who, for a fee, commission or any other valuable consideration, or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate, or assists in procuring of prospects for the listing, sale, purchase, exchange, renting, lease or option for any real estate or of the improvements thereon, including persons holding themselves out as referral agents for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease or option for any real estate, or collects rents or attempts to collect rents, or who advertises or holds himself out as engaged in any of the foregoing. `Broker' also includes: (1) any person employed by or on behalf of the owner or owners of lots or other parcels or real estate at a salary, fee, commission or any other valuable consideration, to sell such real estate or any part thereof in lots or parcels or other disposition thereof; or (2) any person who engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such purpose, or for referral of information concerning such real estate to brokers, or both; or (3) any person who for another auctions or offers or attempts or agrees to auction real estate; or

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(4) any person who for another buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate. (c) `Associate broker' shall mean a person who acts on behalf of a real estate broker in performing any act authorized by this Chapter to be performed by the broker. (d) `Salesman or salesperson' shall mean any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this Chapter to be performed by the broker. (e) `Person' shall mean and include individuals, corporations and partnerships. (f) `Subdivider' shall mean any person who causes land to be subdivided into a subdivision for himself or others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions. (g) `Purchaser' shall mean a person who acquired or attempts to acquire or succeeds to an interest in land. (h) `Commission' shall mean the Georgia Real Estate Commission. 84-1402. Broker; license required. (a) Any person who, directly or indirectly for another, with the intention or upon the promise of receiving any valuable consideration, offers, attempts or agrees to perform, or performs, any single act defined in Code section 84-1401 (b) of this Chapter, whether as a part of a transaction or as an entire transaction, shall be deemed a broker, associate broker or salesman within the meaning of this Chapter. The commission of a single such act by a person required to be licensed under this Chapter and not be licensed shall constitute a violation thereof. (b) From and after July 1, 1973, it shall be unlawful for any person, directly or indirectly, to engage in or conduct,

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or advertise or hold himself out as engaging in or conducting the business, or act in the capacity of a real estate broker, associate broker or a real estate salesman within this State without first obtaining a license as such broker, associate broker or salesman, as provided in this Chapter, unless he is exempted from obtaining a license under Code section 84-1403 hereof. 84-1403. Exceptions. Except as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to: (a) any person except a real estate broker or salesman licensed under this Chapter who, as owner, lessor or prospective purchaser or their regular employees, including resident managers, performs any act with reference to property owned, leased or to be acquired by him where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein; (b) an attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor; (c) a licensed practicing attorney acting solely as an incident to the practice of law, provided, however, that the attorney complies in all respects with the trust account provisions of this Chapter. (d) any person acting as receiver, trustee in bankruptcy, administrator, executor or guardian, or while acting under a court order or under the authority of a will or of a trust instrument; (e) any officer or employee of a federal agency in the conduct of his official duties; (f) any person employed by a public or private utility who performs any act with reference to property owned, leased or to be acquired by the utility employing that person, where such acts are performed in the regular course

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of, or as incident to, the management of such property and the investment therein; (g) any person who, as owner or through another person engaged by such owner on a full-time basis, buys, sells, leases, manages, auctions or otherwise deals with property owned by such person; (h) any person employed on a full-time basis by the owner of property for the purpose of selling, buying, leasing, managing, auctioning or otherwise dealing with such property; (i) any person acting as a referral agent who is not involved in the actual negotiations, executions of documents, collection of rent, management of property or other related activity which involves more than the mere referral of one person to another. Nothing contained in this section shall apply to the Georgia Land Sales Act of 1972 which requires that sales made pursuant thereto be made by persons licensed under this chapter, except as provided therein. 84-1404. Actions. (a) No person shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any of the acts mentioned in this Chapter without alleging and proving that he was a duly licensed real estate broker or salesman at the time the alleged cause of action arose. (b) The Commission by and through its Commissioner may originate a complaint for any violation of this Chapter. 84-1405. Georgia Real Estate Commission; Real Estate Commissioner. (a) The Georgia Real Estate Commission is hereby recreated under the Secretary of State and Joint-Secretary, State Examining Boards. The Commission shall be composed of five members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate for a term of five years. Each member shall be a licensed real estate broker or

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salesman who shall have been a resident of this State and actively engaged in the real estate business for five years. The present members of the Commission shall serve for the remainder of their terms of office, as provided by the law under which each was appointed. Upon the expiration of each present member's term of office, a successor shall be appointed for a term of five years and all succeeding appointments made under this subsection shall be for five-year-terms. One of the members of this Commission shall be appointed for a term of office of less than two years, said term to end the last Friday in January, 1974. Upon the expiration of this term, such member's successor shall be appointed for a term of five years and all succeeding appointments made under this subsection shall be for terms of five years. One of the members of this Commission shall be appointed for a term of office of less than three years, said term to end the last Friday in January, 1975. One of the members of this Commission shall be appointed for a term of less than four years, said term to end the last Friday in January, 1976. Upon the expiration of this term, such member's successor shall be appointed for a term of five years and all succeeding appointments made under this subsection shall be for terms of five years. (b) Members of the Commission shall serve until their successors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of the Governor, with the approval of the Secretary of State, for the unexpired term of the member creating such vacancy. Three of the five members so appointed shall constitute a quorum for the transaction of any business of the Commission. The Commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry into effect the provisions of this Chapter and may, from time to time, promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall thereafter meet at least once a month, or as often as is necessary, and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the Commission. Members of the Commission or others may be designated by the chairman of the Commission, in a spirit of cooperation and

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coordination, to confer with similar commissions of other states and attend interstate meetings and generally do such acts and things as may to the Commission seem advisable in the advancement of the profession and the standards of the real estate business. Every member of the Real Estate Commission shall receive as compensation for each day actually spent on the work of the Commission and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum or sums as are now fixed by law, and he shall also receive, in addition thereto, his actual necessary expenses incurred while engaged in the work of the Commission. Said Real Estate Commission is empowered to recommend to the Secretary of State such assistants or employees as are necessary to do the work of the Commission and the Secretary of State is empowered to employ and dismiss such persons and to fix the compensation of such assistants or employees. (c) There is hereby established within the Georgia Real Estate Commission the office of Real Estate Commissioner. (1) The Commissioner shall be a full-time employee of the Commission and shall serve as the chief executive officer of the Commission. The Commission shall recommend the name of a person to serve as Real Estate Commissioner and his annual salary to the Secretary of State. The Secretary of State shall appoint the Real Estate Commissioner and fixed his annual salary. Any person, in order to qualify for appointment to the office of Real Estate Commissioner, shall be a person of good moral character and shall possess such qualifications as the Commission may require. The Real Estate Commissioner shall hold no interest in any real estate business or related business while serving as Commissioner. The Secretary of State shall have discretionary authority to disapprove any person who does not possess the qualifications to perform the duties and functions required of the Real Estate Commissioner. (2) The Real Estate Commissioner shall take an oath to faithfully discharge the duties of his office.

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(3) The Real Estate Commissioner shall be charged with the duties and powers as delegated by the Georgia Real Estate Commission. (4) The Real Estate Commissioner shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his duties the same as other state officers and employees and shall receive payment of the same in the manner herein provided for members of the Real Estate Commission. (d) The Commission shall have the power and authority to pass rules and regulations relating to the professional conduct of licensees and administration of, but not inconsistent with, the provisions of this Chapter. (e) Each member of the Commission shall receive as compensation for each day actually spent on his official duties at scheduled meetings the sum of $25.00 and his actual and necessary expenses incurred in the performance of his official duties. (f) The Commission, through its Chairman, shall file a written report with the Governor and a copy thereof, with both Houses of the General Assembly, on or before the second Tuesday in January of each year. The Governor may request a preliminary report prior to such an annual report. The report shall include a summary of all actions taken by the Commission, a financial report of income and disbursements, staff personnel and numbers of persons licensed by the Commission. The report shall further delineate steps taken in education and research of the department to disseminate information so that all licensees can be better informed in order to protect the public. The Commission shall also outline a program of education and research for each ensuing year for which a line appropriation shall be requested. 84-1406. Seal. The Commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `State Real Estate Commission, State of Georgia', and such other device as the Commission may desire included

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thereon, by which it shall authenticate the acts of the Commission. Copies of all records and papers in the office of the Commission, certified by the signature of the Commissioner and the seal of the Commission, shall be received in evidence in all cases equally and with like effect as the originals. 84-1407. Attorney General. Whenever, in the judgment of the Commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this Chapter, the Attorney General may maintain an action in the name of the State of Georgia in the superior court of the county wherein such violation occurred to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with this Chapter. The plaintiff shall not be required to give any bond. 84-1408. Licensure regulated. The Commission shall have the full power to regulate the issuance of licenses and to revoke or suspend licenses issued under the provisions of this Code Chapter and to censure licensees. 84-1409. Application for license. Any person desiring to act as a real estate broker or real estate salesman must file an application for a license with the Commission. The application shall be in such form and detail as the Commission shall prescribe, setting forth the following: (a) the name and address of the applicant or the name under which he intends to conduct business and, if the applicant be a partnership, the name and residence address of each member thereof and the name under which the partnership business is to be conducted and, if the applicant be a corporation, the name and address of each of its principal officers; (b) the place or places, including the city, town or village with the street and street number, if any, where the business is to be conducted; and (c) such other information as the Commission shall require.

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84-1410. Granting and revocation of licenses. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker or salesman in such manner as to safeguard the interest of the public, and only after satisfactory proof of such qualifications has been presented to the Commission. The Commission shall grant a licensee to a corporation or partnership only if the stockholder or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness and integrity. (b) Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction may, in itself, be a sufficient ground for refusal of a license. (c) Where an applicant has made a false statement of material fact on his application, such false statement may, in itself, be sufficient ground for refusal of a license. (d) Grounds for suspension or revocation of a license, as provided for by this Chapter, shall also be grounds for refusal to grant a license. 84-1411. Qualifications. No broker's or salesman's license shall be issued to any person who has not attained the age of eighteen years nor to any person who is not a resident of the State of Georgia unless he has fully complied with the provisions of section 84-1415 nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. No broker's or salesman's license shall be issued to any person who is not a high school graduate or the holder of a certificate of equivalency.

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Each applicant for a broker's license shall have first served actively for three years as a licensed salesman and (1) shall furnish evidence of completion of sixty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or (2) shall furnish a certificate that he has passed a course of at least fifteen credit hours in subjects related to real estate at an accredited university or college. The applicant for a license must pass a written examination covering generally the matters confronting real estate brokers and salesmen. Such examination may be taken before the Commission or any person designated by the said Commission. Failure to pass the examination shall be grounds for denial of license without further hearing. The Commission may prepare and distribute to licensees under this Chapter informational material deemed of assistance in the conduct of their business. 84-1412. License fees. (a) To pay the expense of the maintenance and operation of the office of the Commission and the enforcement of this Chapter, the Commission shall, at the time an application is submitted, collect from an applicant for each broker's associate broker's or salesperson's examination a fee of $25.00 and an investigation fee if necessary. If the applicant fails to pass the original examination, the applicant may take the examination one more time within a 12-month period for a fee of $25.00. If the applicant fails the second examination then the third and all subsequent examinations may be taken upon the payment of $25.00 for each examination. Prior to the issuance of an original license, each applicant who has passed the examination, as required by Code section 84-1410, shall pay a license fee in advance as follows: for a broker's or associate broker's license, $50.00, and for a salesperson's license, $15.00. Effective January 1, 1974, all licenses shall be issued biennially and shall be renewed as of January 1 of each even-numbered year. (b) After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses will expire at 12:00 p.m. on the 31st day of December in each odd-numbered year.

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(c) The biennial license renewal fees according to this Chapter shall be due and payable as follows: application and fees for real estate broker, associate broker and salesperson shall be filed on or before September 1 prior to the expiration of said license at 12:00 p.m. on December 31 of the licensing biennial period. (d) The real estate broker's and the associate broker's biennial license fee shall be $50.00 and a salesperson's biennial renewal fee shall be $15.00. A license fee for renewal may be filed after September 1 by paying a late renewal fee of $10.00 on or before 12:01 a.m. January 1 of the biennial licensing period. All fees shall be deposited with the Joint-Secretary for the expenses of the Commission. This Code Section shall not obviate any other fees or conditions required to maintain such license in accordance with this Chapter. (e) Any real estate salesperson who is temporarily unemployed or not actively engaged in behalf of a broker may continue his license by making application thereof before December 1 of each year by submitting a fee of $10.00, together with an application on which he has noted his present `inactive status'. Any salesperson whose license has been placed in an inactive status shall not be permitted to engage in the real estate business. To reinstate his license, he must secure a broker's signature for whom he wishes to act. On or after January 1, 1977, any licensee who has been inactive for a continuous period of more than three years will be reinstated only if the licensee has met the examination requirements as an original applicant. (f) Any check presented to the Commission as a fee for either an original or renewal license or for examination for license, which is returned unpaid, shall be cause for revocation or denial of license. 84-1413. Fees. All fees collected under this Chapter shall be deposited by the Joint-Secretary, State Examining Boards, into the State Treasury. Out of the funds thus arising shall be paid the expenses contemplated herein for the administration and enforcement of the provisions of

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this Chapter. All expenditures authorized by the Commission shall be paid from the funds received under the provisions of this Chapter. The expenses of the Commission and the Office of Real Estate Commissioner must always be kept within the income collected and deposited in accordance with the provisions of this Chapter, and the expense thereof shall not be supported or paid from any other state fund. 84-1414. Corporations and partnerships. On and after July 1, 1973, no original broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who shall have more than a nominal interest in said corporation or partnership, and every member or officer of said corporation or partnership who actively participates in the real estate brokerage business of such partnership or corporation shall obtain a license as a real estate broker, and every person who acts as a salesman for such partnership or corporation shall hold a license as an associate broker or a real estate salesman. 84-1415. Nonresident brokers. (a) A nonresident of this State who is actively engaged in the real estate business and who maintains a place of business in his resident state and who has been duly licensed in such other state to conduct such business in that state, such state having entered into a reciprocal agreement with the State Real Estate Commission in regard to the issuance of reciprocal licenses, may, in the discretion of the Commission, be issued a nonresident broker's license. A nonresident salesman who acts in behalf of a broker holding a nonresident broker's license may, in the discretion of the Commission, be issued a nonresident salesman's license under such nonresident broker. Should such nonresident licensee become a resident of the State of Georgia or desire to maintain a place of business in this State or to act for a broker maintaining a place of business in this State, he must secure a regular resident license in compliance with the statutes and rules governing

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original resident applicants; provided, that if another state requires a resident of this State to maintain a place of business in such other state, a resident of such other state shall maintain a place of business in this State and need not secure a regular resident license to maintain such place of business in this State. A nonresident of this State shall meet the same rules and requirements of his resident state in order to obtain a reciprocal license in this State. (b) Prior to the issuance of a license to a nonresident broker, he shall file with the Commission a designation in writing that appoints the Real Estate Commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee, which is served upon such agent, shall be of the same legal force and validity as if served upon the licensee, and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of all such process or notices, the Commissioner shall forthwith mail a copy of the same by certified mail to the last known business address of said licensee. (c) Prior to the issuance of said license to any nonresident, he must file with the Commission a duly certified copy of the license issued by such nonresident for the conducting of such business in any other state and pay to said Commission the same license fee as herein provided for the obtaining of a broker's or salesman's license in this State. (d) Nonresident licenses granted under reciprocal agreements, as provided in this Section, shall remain in force, unless suspended or revoked by the Commission for just cause or for failure to pay the renewal fee, and only as long

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as a reciprocal agreement is in effect between this State and the resident state of the nonresident license. 84-1416. Nonacceptance of applications; hearings. If the Commission, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept said application, the Commission shall provide for a hearing for such applicant in accordance with the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. Any person who has exhausted all administrative remedies available within this Chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with said `Georgia Administrative Procedure Act'. 84-1417. Form of license. The Commission shall prescribe the form of the license. Each license shall have placed thereon the seal of the Commission. The license of each real estate salesman and associate broker shall be delivered or mailed to the real estate broker for whom the real estate salesman or associate broker is acting as an associate broker or salesman, and shall be kept in the custody and control of such broker. It shall be the duty of each broker to conspicuously display his own license and those of his associate brokers and salesmen in his place of business. The Commission shall annually prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed real estate broker or a licensed real estate associate broker or salesman, as the case may be, stating the period of time for which fees have been paid, and including, on real estate salesman's and associate broker's cards only, the name and address of the broker for whom such real estate salesman or associate broker is acting. If a real estate broker maintains more than one place of business within the State, a branch office license shall be issued to such broker for each branch office so maintained by him upon the payment of a biennial fee of $50.00, and the branch office license shall be conspicuously displayed in each branch office. The manager of a branch office must be an officer of the corporation, a partner or an associate broker.

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84-1418. Change in address. (a) Should the broker change his place of business, he shall notify the Commission, in writing, within ten days of such change, and thereupon a new pocket card shall be granted to the broker and to his associate brokers and salesmen. (b) Where a salesman or associate broker leaves a broker for whom he is acting, the principal broker shall immediately forward the license of said licensee to the Commission and shall furnish such information regarding the termination of said licensee, as the Commission may require, and said licensee shall immediately forward his or her pocket card to the Commission. (c) Where a salesman or associate broker transfers from one broker to another, or where an associate broker changes his status from an associate broker to that of a broker, or where a broker changes his status to that of an associate broker, then a transfer fee of $10.00 shall be paid to the Commission. 84-1419. Separate account for real estate business. (a) Each broker shall maintain a separate bank checking account in this State which shall be designated a trust or escrow account wherein all downpayments, earnest money deposits or other trust funds received by the broker, his associate brokers or his salesmen, on behalf of his principal or any other person, shall be deposited. (b) Each broker shall notify the Commission of the name of the bank in which the trust account is maintained and also the name of the account on forms provided therefor. (c) Each broker shall authorize the Commission to examine such trust account by a duly authorized representative of the Commission. Such examination may be made annually or at such time as the Commission may direct.

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(d) A broker may maintain more than one trust account if the Commission is advised of such account, as specified in subsections (a), (b) and (c) of this Section. (e) In the event a branch office maintains a separate trust account, a separate bookkeeping system shall be maintained for the branch office. (f) A broker shall not be entitled to any part of the earnest money or other money paid to him in connection with any real estate transaction as part or all of his commission or fee until the transaction has been consummated or terminated. (g) Any licensed real estate broker or salesman, acting in the capacity of principal in the sale of interests in real estate owned by him, shall deposit in a Georgia bank or trust company or any foreign bank which authorizes the Secretary of State to examine its records of such deposits, in a trust account, those parts of all payments received on contracts which are necessary to meet any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto, and proper accounting on such property made to the parties entitled thereto. 84-1420. Violations involving real estate accounts. Whenever it shall appear to the Commission from any examination or report provided by the laws of this State that a broker has failed to comply with the provisions of Code section 84-1419, or if any broker or the officers of any corporation licensed as a real estate broker shall refuse to submit their books, papers and affairs to the inspection of any examiner, the Commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition and the Commission shall forthwith submit a complete report to the Attorney General of all information available to it. An action may be brought by the State of Georgia to enjoin such broker from engaging

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in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up and liquidation of such property and business as shall, from time to time, be conferred upon him by the court. 84-1421. Unfair practices. The Commission may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any real estate broker, associate broker or real estate salesman and shall have power to censure said licensee or to revoke or suspend any license issued under this Chapter whenever said license has been obtained by false or fraudulent representation, or said licensee has been found guilty of any unfair trade practices, including, but not limited to, the following: (1) refusing, because of race, color, national origin or ethnic group, to show, sell or rent any real estate for sale or rent to prospective purchasers or renters; (2) intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies or services of the business conducted; (3) failing to account for and remitting any money coming into his possession belonging to others;

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(4) commingling the money or other property of his principals with his own; (5) failing to maintain and deposit in a separate, non-interest-bearing checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) accepting, giving or charging any undisclosed commission, rebate, direct profit or expenditures made for a principal; (7) representing or attempting to represent a real estate broker, other than the employer, without the express knowledge and consent of the employer; (8) accepting a commission or other valuable consideration by an associate broker or salesman from anyone other than his employing broker without the consent of his employing broker; (9) acting in the dual capacity of agent and undisclosed principal in any transaction; (10) guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) placing a sign on any property offering it for sale or rent without the written consent of the owner or his authorized agent, and failing to remove such sign within ten days after the expiration of listing; (12) offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent;

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(13) inducing any party to a contract of sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with another principal; (14) negotiating a sale, exchange or lease of real estate directly with an owner or lessor if he knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker; (15) accepting employment or compensation for appraising real estate contingent upon the reporting of a predetermined value or issuing an appraisal report on real estate in which he has an undisclosed interest; (16) soliciting, selling or offering for sale real estate by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate; (17) paying a commission or compensation to any person for performing the services of a real estate broker, associate broker or real estate salesman who has not first secured his license under this Chapter or is not cooperating as a nonresident who is licensed in his state of residence; (18) failing to include a fixed date of expiration in any written listing agreement, and failing to leave a copy of said agreement with the principal; (19) failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller, or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the

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same was disbursed; the broker shall retain true copies of such statements in his files; (21) making any substantial misrepresentations; (22) acting for more than one party in a transaction without the knowledge of all parties for whom he acts; (23) failure of an associate broker or salesman to place, as soon after receipt as is practicably possible, in the custody of his employing broker, any deposit money or other money for funds entrusted to him by any person dealing with him as the representative of his licensed broker; (24) filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) having demonstrated unworthiness or incompetency to act as a real estate broker or salesman in such manner as to safeguard the interest of the public; or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) obtaining an exclusive listing or sales contract from any owner knowing or having reason to believe that another broker has an exclusive listing on the property, unless he has written permission from the broker having the first exclusive listing. 84-1422. Hearings; appeals. Before the Commission shall censure a licensee or before revoking or suspending a license, it shall provide for a hearing for such holder of a license in accordance with the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. Any person who has exhausted all administrative remedies available within this Chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with said `Georgia Administrative Procedure Act'.

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84-1423. Copartnerships. In the event of the revocation or suspension of the license issued to any member of a copartnership or to any officer of a corporation, the license issued to such copartnership or corporation shall, however, be revoked by the Commission unless, within a time fixed by the Commission, where a copartnership, the connection therewith of the member whose license has been revoked shall be severed and his interest in the copartnership and his share in its activities brought to an end, or where a corporation, the offending officer shall be discharged and shall have no further participation in its activities. 84-1424. Real estate recovery fund; exceptions; fees. (a) The Commission is authorized and directed to establish and maintain a real estate recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction or conduct of a duly licensed broker or salesman which is in violation of the provisions of this Chapter or the regulations promulgated pursuant thereto, may recover by order of the superior court or other court of the county having competent jurisdiction where the violation occurred for only actual or compensatory damages, and not including interest and costs sustained by the act, representation, transaction or conduct; provided, that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition: (1) This Code section shall not be construed to obligate the fund for the acts of a broker or salesman while acting on his own behalf in property owned or controlled by him. (2) The liability of the fund for the acts of a duly licensed broker or salesman, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee.

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(3) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund. Any broker or salesman holding a license on the effective date of this Act shall file the fee required of the original applicant. When any person makes application for an original license to practice as a broker, he shall pay, in addition to his original license fee, a fee of $20.00 for deposit in the real estate recovery fund. When any person makes application for an original license to practice as a salesman, he shall pay, in addition to his original license fee, a fee of $10.00 for deposit in the real estate recovery fund. In the event that the Commission does not issue the license, this fee shall be returned to the applicant. (b) If, on December 31 of any year, the balance remaining in the real estate recovery fund is less than $20,000.00, every broker, when renewing his license during the following license year, shall pay, in addition to his license renewal fee, a fee of $10.00 for deposit in the real estate recovery fund, and every salesman, when renewing his license during such year, shall pay, in addition to his license renewal fee, a fee of $5.00 for deposit in the real estate recovery fund. (c) (1) No action for a judgment which subsequently results in an order for collection from the real estate recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the real estate recovery fund, the aggrieved person shall notify the Commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of such action. The Commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any broker or salesman for any act, representation, transaction or conduct which is in violation of the provisions of this Chapter or the regulations promulgated pursuant thereto,

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which occurred on or after July 1, 1973, the aggrieved person may, upon the termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in which the judgment was entered and, upon ten days' written notice to the Commission, may apply to the court for an order directing payment out of the real estate recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Section. (3) The court shall proceed upon such application in a summary manner, and, upon the hearing thereof, the aggrieved person shall be required to show: (i) he is not a spouse or debtor, or the personal representative of such spouse; (ii) he has complied with all the requirements of this Code section; (iii) he has obtained a judgment, as set out in subsection (c) (2) of this Code section, stating the amount thereof and the amount owing thereon at the date of the application, and, that in such action, he had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties; (iv) he has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application thereon of the amount realized; (v) he has caused the judgment debtor to make discovery under oath concerning his property, in accordance with

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the `Georgia Civil Practice Act', approved March 18, 1966 (Ga. L. 1966, p. 609), as amended; (vi) he has made all reasonable search and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment; (vii) that by such search he has discovered no personal or real property or other assets liable to be sold or applied, or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that he has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; (viii) that the following items, if any, as recovered by him, have been applied to the actual or compensatory damages awarded by the court; (A) any amount recovered from the judgment debtor or debtors; (B) any amount recovered from the bonding company or companies; (C) any amount recovered in out of court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practicable to comply with one or more of the requirements enumerated in subparagraphs (iv), (v), (vi), (vii) and (viii) of subsection (c) (3) of this Code section and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements.

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(5) The court shall make an order directed to the Commission requiring payment from the real estate recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code Section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by subsection (c) (3) of this Code section and that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court. (6) Should the Commission pay from the real estate recovery fund any amount in settlment of a claim or toward satisfaction of a judgment against a licensed broker or salesman, the license of such broker or salesman shall be automatically terminated upon the issuance of a court order authorizing payment from the real estate recovery fund. No such broker or salesman shall be eligible to receive a new license until he has repaid in full, plus interest at the rate of six percent a year, the amount paid from the real estate recovery fund on his account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the real estate recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the Commission shall, when sufficient money has been deposited in the real estate recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of four percent a year. (d) The sums received by the Commission pursuant to any provisions of this Code section shall be deposited into the State Treasury and held in a special fund to be known as the real estate recovery fund, and shall be held by the Commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this State, and the interest from

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these investments shall be deposited to the credit of the real estate recovery fund, and shall be available for the same purposes as all other money deposited in the real estate recovery fund. (e) It shall be unlawful for any person or his agent to file with the Commission any notice, statement or other document required under the provisions of this Code section which is false, untrue or contains any material misstatement of fact and shall constitute a misdemeanor. (f) When the Commission receives notice, as provided in subsection (c), the Commission may enter an appearance, file an answer, appear at the court hearing, defend the action or take whatever other action it may deem appropriate on the behalf and in the name of the defendant, and take recourse through any appropriate method of review on behalf and in the name of the defendant. (g) When, upon the order of the court, the Commission has paid from the real estate recovery fund any sum to the judgment creditor, the Commission shall be subrogated to all of the rights of the judgment creditor, and the judgment creditor shall assign all his right, title and interest in the judgment to the Commission, and any amount and interest so recovered by the Commission on the judgment shall be deposited to the fund. (h) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights hereunder. Section 2. Any person or corporation acting as real estate broker or real estate salesman within the meanings of Code Chapter 84-14 without a license, and all persons, who violate any other provisions of said Chapter, shall be guilty of a misdemeanor. Violations. Section 3. This Act shall become effective on July 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1973.

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BANKS AND BANKINGDETERMINATION OF POPULATION REQUIREMENTS PROVIDED, ETC. (120,000 or less). Code 13-203.1 Amended. No. 65 (House Bill No. 833). An Act to amend Code section 13-203.1, relating to bank offices and bank facilities, so as to increase the number of bank offices or bank facilities which may be established by a parent bank or branch bank in certain counties; to provide that the Commissioner of the Department of Banking and Finance may determine population requirements according to official census data or he may, in his discretion, utilize population estimates compiled by the Department of Human Resources and population data compiled by public utilities and local governmental agencies in determining the population requirements; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-203.1, relating to bank offices and bank facilities, is hereby amended by striking in its entirety paragraph (2) of subsection (c) and substituting in lieu thereof the following: (2) Without limitation on the authority contained in Paragraph (1) of this subsection (c), and in furtherance thereof, the Superintendent of Banks may approve, with respect to any county now or hereafter having a population of 120,000, or under, the establishment of not more than the following number of either bank offices or bank facilities anywhere within the county in which the parent bank or branch bank is situated, as follows: counties with a population of 20,000 and undertwo; counties with a population of 20,001 to 40,000three; counties with a population of 40,001 to 60,000four; counties with a population of 60,001 to 80,000five; counties with a population of 80,001 to 100,000six; and counties with a population of 100,001 to 120,000seven. The Commissioner of the Department of Banking and Finance may determine the population according

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to the United States decennial census of 1970 or any future such census or he may, in his discretion, utilize population estimates compiled by the Department of Human Resources and population data compiled by public utilities and local governmental agencies in determining the population criteria set forth herein. Code 13-203.1 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1973. METROPOLITAN RIVER PROTECTION ACT. (1,000,000 or more). No. 66 (House Bill No. 1093). An Act to provide definitions; to provide for a declaration of purpose; to provide for the development of comprehensive plans for the protection of any major stream which constitutes the primary source of public water supply 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 such census; to provide for the preparation of such plans by the Metropolitan Area Planning and Development Commission established for each such area; to provide for public hearings; to provide for the regulation of certain activities in and adjacent to such major streams for the protection of water quality, control of erosion and reduction of flood hazards; to provide for the regulation of intensity of development adjacent to such major streams for such purposes; to provide that determinations under such plans shall be made by the governing authorities of the political subdivisions involved; to provide for review of such determinations by such Commissions; to provide for the filing of certain information; to provide for the issuance of certificates; to provide for denial of certificates under certain conditions; to provide for appeals; to provide for injunctions; to provide penalties for willful and wanton violations; to provide for severability; 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. Short Title. This Act shall be known as and may be cited as the Metropolitan River Protection Act. Section 2. Definitions. As used in this Act: (a) Area shall mean a Standard Metropolitan Statistical Area as defined by the U. S. Executive Office of the President, Standard Metropolitan Statistical Area 1967, Part I Criteria, Office of Management and Budget, subject to any changes made by the Board of Community Development pursuant to authority contained in an Act relating to implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. L. 1970, p. 321), which is located wholly within the State of Georgia and having a population of more than 1,000,000 according to the United States Decennial Census of 1970, or any future such census. (b) Commission shall mean the Metropolitan Area Planning and Development Commission created for each such area pursuant to the authority contained in an Act relating to implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. L. 1970, p. 321), as now or hereinafter amended. (c) Major stream shall mean any stream or river, whether navigable or non-navigable, which flows through any area and which is the source of at least 40% of the public water supply of any such area. (d) Watercourse means the natural banks of a major stream in any area as defined by the low water mark of such stream and including the entire bed of such stream and all islands therein, from the point where the stream enters the area downstream to a line perpendicular across the flow of such stream at the point, within the area, which is the last downstream water supply intake location for any political subdivision in the area.

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(e) Stream corridor means all land in the area within 2,000 feet of the watercourse, except such land where, by decision of the Commission, the effect on water quality in the major stream and the effect of flooding and erosion adjacent to the stream is not sufficiently substantial to warrant the exercise of jurisdiction under this Act and where the Commission elects to decline jurisdiction. (f) Flood plain means that area within the stream corridor which is subject to being flooded with a probable frequency of at least once every 50 years. The Commission shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the Commission deems competent. (g) Plan means the comprehensive plan prepared by the Commission pursuant to the provisions of Section 4 of this Act. (h) Person means any individual, partnership, corporation, trust, entity or authority, and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions or other agencies. (i) Certificate means a building permit or other written authorization issued under the provisions of this Act. (j) Applicant means any person who requests the issuance of a certificate under the provisions of this Act. (k) Political subdivision means the governing authority of a county or a municipality in which the section of the River Corridor to be affected or any part thereof is located. (l) Governing authority means the governing authority of a political subdivision or, except for the purposes of paragraph (c) of subsection (c) of section 6 of this Act, a committee of such governing authority. Section 3. Finding and Purposes. (a) The General Assembly finds that adequate supplies of clean drinking water

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constitute the lifeblood of the great metropolitan areas of this State and are, therefore, essential to the health, welfare and economic progress of the State; that development adjacent to major streams in certain metropolitan areas requires special regulation to provide adequate protection for public water supplies; that siltation and urban runoff threaten such water supplies; that flood plain development unnecessarily exposes life and property to loss by flooding while increasing flood risks for other area; that over-intensive development adjacent to major streams increases the frequency and severity of such flooding; that it is in the public interest to avoid future flood damage and possible loss of life, to control erosion and pollution and to protect the water quality of major streams in certain metropolitan areas. (b) The purpose of this Act is to provide a flexible and practical method whereby political subdivisions in certain metropolitan areas may utilize the police power of the State consistently and in accordance with a comprehensive plan to protect the public water supplies of such political subdivisions and of the area and to prevent floods and flood damage, to control erosion, siltation and intensity of development adjacent to major streams in such areas for such purposes, and to provide for comprehensive planning for stream corridors in such areas. (c) The General Assembly finds that certain political subdivisions in the included area have in force certain flood plain and sediment control ordinances that afford adequate protection for the aforementioned problems. Nothing in this Act shall be construed so as to make those local political subdivision ordinances less stringent than they are now. Section 4. Duties of the Commission. The Commission shall, consistent with the purposes of this Act: (a) Prepare and keep up to date a comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the Commission, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the Commission, shall be transmitted to each political subdivision

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within three months after the effective date of this Act. The Commission may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this Act. The Commission may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the Commission shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The Commission shall cause notice of the time and place of each such public hearing to be published for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies. (b) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan. (c) Make such rules and regulations as may be necessary to implement the purposes of this Act, and to administer and implement the provisions of this Act and all rules, regulations and orders promulgated thereunder. Section 5. Stream Corridor Regulation. (a) Pending adoption of the plan as to each political subdivision, it shall be unlawful for any person to erect, maintain, suffer or permit any structure, dam, obstruction, deposit, clearing or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the water-course or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation or water pollution. In order to prevent undue hardship, the Commission may, prior to the adoption of the plan as to any political subdivision, issue a letter or written statement

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signed by the Executive Director ruling with respect to any proposed land or water use in such political subdivision that none of the above listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance. (b) (1) After adoption of the plan, or any portion thereof, it shall be unlawful within those areas regulated by the plan or any portion thereof for any person to erect, use, maintain, suffer or permit a structure, dam, obstruction, deposit, clearing or excavation in or on the stream corridor which will be incompatible or inconsistent with the plan, or any portion thereof. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision authorizes the issuance of a certificate for the proposed use after making a specific finding that such use is in compliance with the plan or portion thereof; provided that such certificate shall not become effective until reviewed by the Commission in accordance with section 5 of this Act. In making the finding required by this subsection, the governing authority shall follow the criteria set forth by the plan, or portion thereof, for water quality protection, flood and flood damage prevention, erosion and siltation control and intensity of development. (2) The governing authority shall, before issuing any certificate, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request. In each case the information which the governing authority shall require the applicant to furnish shall include: (A) The name of the owner of the land for which the permit is sought; (B) A description of such land; (C) A grading plan showing all movement of earth about, onto or off of such land;

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(D) A landscaping plan showing all trees and vegetation to be removed and to be replaced on such land, and a time schedule for accomplishing such removal and replacement; and (E) A detailed site plan showing the location of each structure, the approximate dimensions of each structure, and the location and approximate area of all impervious surfaces to be placed on such land. (3) All construction, damming, depositing, clearing or excavation shall be done strictly in accordance with the certificate issued under this Act. Any substantial change or modification of a proposed land or water use for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this Act. (c) The governing authority shall hold a hearing before issuing or denying any certificate under this Section. The form and procedure for such hearings shall be determined by the governing authority involved, provided that all interested persons shall be afforded adequate notice of such hearings and an opportunity to be present and express their views. Section 6. Commission Review. (a) Within ten days after issuing any certificate, the governing authority shall transmit to the Commission a copy of such certificate, the governing authority's findings thereon and all supporting information filed by the applicant. (b) No certificate shall become effective until sixty days have elapsed after its submission to the Commission. If, from the certificate, findings and supporting data, or from its own investigation, the Commission finds that there are inconsistencies between the plan and the proposed land or water use authorized by the certificate, the Commission may recommend modification of the certificate in such manner as to be consistent with the plan. If the Commission fails to recommend modification of the certificate within sixty days from submission of such certificate to the Commission, the certificate shall become effective as issued.

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(c) In any case where the Commission has recommended modification of a certificate, the governing authority may: (1) Adopt such recommendation and incorporate it as a condition of the certificate, in which case any land or water use under the certificate must be strictly in accordance with the recommendation so incorporated; (2) Override such recommendation by affirmative vote of a majority of the full membership of the governing body; or (3) Request reconsideration of such recommendation by the Commission at a public hearing. If the governing authority fails to take action under either (1), (2) or (3) above within 45 days after the submission of the recommendation of the Commission to the governing authority, the certificate shall not become effective. Where a public hearing is requested under this subsection, such public hearing shall be held by the Commission within thirty days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant. The Commission shall make its final determination with respect to such recommendation within thirty days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved. Section 7. Consent Procedure. In order to simplify procedures and avoid delays in the utilization of land or water resources, the Commission may at any time issue a certificate permitting a land or water use in the stream corridor where the applicant and the political subdivision involved have consented to such certificate, provided that the land or water use permitted by such certificate shall be in compliance with the plan and the purposes of this Act, provided further that no such certificate shall be issued until after the Commission has held a public hearing on the proposed land or water use. The Commission shall cause notice of the time and place of such public hearing to be published for two

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weeks in a newspaper of general circulation in the county in which the land to be affected lies. Section 8. Minimum Standards. Every certificate issued by a governing authority and every recommendation or certificate of the Commission shall comply with the following minimum standards: (1) No land or water use shall be permitted in the flood plain, and (2) No land or water use shall be permitted within 150 horizontal feet of the watercourse unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation or water pollution. Section 9. Appeals. Any person aggrieved by any final determination of the Commission or a governing authority under this Act may take an appeal to the superior court of the county in which all or part of the land affected lies. Any such appeal shall be brought in the manner provided for appeals from boards of zoning appeals set forth in Code Chapter 69-12. Section 10. Other Requirements. The requirements of this Act are in addition to and do not supersede other requirements of law including the zoning and building regulations of the political subdivision involved. Section 11. Other Counties. Any county in this State which is contiguous to an area and which would have land in a stream corridor if such county were in an area may, with the consent of the particular Commission, elect to come under the provisions of this Act by resolution adopted by its governing authority. Where a county has elected to come under the provisions of this Act as provided in this Section, any municipality in that county which has any territory in the stream corridor may, with the consent of the Commission, elect to come under the provisions of this Act by resolution adopted by its governing authority.

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Section 12. Exemptions from Act. This Act shall not apply to the following uses: (a) Any land or water use for agriculture or animal husbandry. (b) Ordinary maintenance and landscaping operations. (c) Any land or water use or project which, on the effective date of this Act, is approved, pending or is completed, actually under construction or which is zoned for such use and where expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning, provided, however, that the construction of the project is actually commenced within thirty-six (36) months of the effective date of this Act; otherwise, a certificate for the project must be obtained pursuant to this Act. Section 13. Enforcement and Penalties. (a) Every structure, dam, obstruction, deposit, excavation or clearing erected, used or maintained in violation of this Act shall be a public nuisance, and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the Commission, any political subdivision affected, or by any person. (b) Any person who willfully and wantonly violates the provisions of this Act or any rule or regulation of the Commission may be fined not more than $1,000.00 for each offense. Each day which such violation exists is a separate offense. Section 14. Jurisdiction. The superior court of the county in which the land or any part thereof lies, shall have jurisdiction to restrain a violation of this Act upon a suit being filed by the Commission, political subdivision affected, or by any person. In the event the land lies in more than one county, jurisdiction shall be in the superior court of any county in which said land lies. Section 15. Exceptions. Notwithstanding any other provisions of this Act to the contrary, nothing contained herein

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shall be construed so as to prohibit any person, firm or corporation from removing sand from any water course without restriction when such removal is accomplished in such a manner that no greater affluent is returned to the water course than that removed therefrom and no erosion along the banks of the water course occurs. Section 16. Public Information. The plan, every proposed version thereof, every revision thereof, and every application for a certificate under this Act shall constitute public documents and shall be freely available for inspection by any person. Section 17. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 18. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 19. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1973.

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NATURAL RESOURCES ACT OF 1973. No. 69 (House Bill No. 268). An Act to provide for the organization of the Board of Natural Resources; to provide a short title; to provide for definitions; to provide for the composition, appointment and compensation of members of the Board; to provide for filling vacancies; to provide for officers of the Board; to provide for powers and duties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Natural Resources Act of 1973. Section 2. Definitions. For the purposes of this Act, the following words shall have the meanings shown below, unless the context clearly requires otherwise. (a) Department shall mean the Department of Natural Resources, as created by an Act approved April 6, 1972 (Ga. L. 1972, p. 1015), relating to the reorganization of the executive branch of government. (b) Board shall mean the Board of Natural Resources, as provided in Article V, Section IV, Paragraph I of the Constitution. (c) Members shall mean the members of the Board of Natural Resources. Section 3. Composition; appointment. The Board shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden; and four members from the State at large. The first members of the Board of Natural Resources shall consist of those members of the State Game and Fish Commission in office at the time this Act is adopted with terms provided by law. The four members from the

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State at large shall be appointed by the Governor and confirmed by the Senate. Initially, their appointments shall be for terms of one, three, five and seven years, respectively, to be designated by the Governor; thereafter, all succeeding appointments of members of the Board shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term, except in case of an unexpired term. In as far as it is practical, the members of the Board shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment. No more than 2 members shall come from any Congressional District. Section 4. Bond; oath of members. Persons appointed to the Board shall take oath of office and give bond in the sum of $1,000.00 in the usual form required of state officers. Section 5. Chairman; meetings; per diem compensation and expenses of members. The last chairman of the Game and Fish Commission shall set the time and place for the first meeting of the Board, and he shall preside until the members of the Board elect officers. The members shall elect a chairman, vice-chairman and a secretary. These officers shall be elected for a period of one year and shall be elected annually at the January meeting. The Board shall hold regular meetings at least once every sixty days and may not hold more than six special or called meetings in any one calendar year. A special or called meeting may be called by the chairman or a majority of the members of the Board. The Board shall meet at such times and at such designated places in this State as it may determine. Eight members of the Board shall constitute a quorum. The members, including the chairman, shall each receive $25 per diem for each day of actual attendance at official meetings of the Board, and actual cost of expenses including meals, lodging and transportation. Reimbursement for expenses

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for transportation by private means shall be computed at the rate of ten cents per mile to the place of service and home by the nearest practical route. The members, including the chairman, while on committee assignment shall be compensated and reimbursed at the same rate as above; provided, however, that the total per diem compensation paid in any year to any member of the Board shall not exceed $1,200.00. Such per diem and actual expense shall be paid from funds of the Department. Section 6. Powers and duties. The Board shall have the powers and duties which were previously vested in the Game and Fish Commission and granted to the Board by an Act approved April 6, 1972 (Ga. L. 1972, p. 1015), relating to the reorganization of the executive branch of government. Section 7. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1973. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT AMENDEDPUBLIC INSPECTION OF CERTAIN CONTRACTS PROVIDED. No. 70 (House Bill No. 648). An Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to require the Authority to make available for public inspection summaries of certain contracts entered into by the Authority; to provide for the periodic publication of data relating to expenditures and contracts of the Authority; to provide the procedures

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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. The Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is hereby amended by adding at the end of subsection (b) of section 14 the following sentence: Prior to the award of a contract which will call for an anticipated aggregate payment of $150,000.00 or more to the successful bidder, the Authority shall make an accurate and brief summary thereof available to the public in its principal office and shall publish notice of its intention to award such contract to the successful bidder at least five days prior to such award in the local newspaper of the largest circulation in the metropolitan area. Such advertisement shall state the name of the successful bidder, the amount of the contract and its subject matter. This provision shall apply to contracts entered into thirty days or more after the effective date of this Act. Notice. Section 2. Said Act is further amended by adding between sections 14 and 15 a new Section to be known as section 14A to read as follows: Section 14A. The Authority shall have available at its principal office for public inspection at all times during regular business hours of the Authority an accurate and brief summary disclosing all material terms of each contract which the Authority has entered into and the terms of which call for expenditures by the Authority of more than $150,000. The Authority shall semiannually, in January and July of each year, publish in a daily newspaper of general circulation within the entire geographic area of the Authority's operations and in a weekly newspaper of general circulation in each county in which the Authority operates, a statement of the tax revenue and operating revenue received, as well as a statement of the total expenditures made, as well as a list of all written contracts entered into by the Authority during the preceding six months which call for the Authority

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to expend at any time in the aggregate more than $50,000. Such list shall also include any employment or consultant contracts (whether or not written) under which the employee or consultant is to be compensated at an annual rate of more than $20,000, including direct and indirect or deferred benefits. When a person or firm, whose salary or fee is reportable hereunder, shall have his compensation increased at any time, the amount of such increase and the total new rate shall be reported for the period in which the increase takes effect. The list of contracts shall state the anticipated amount of funds to be paid thereunder, or the formula for determining such amount. At such times, the Authority shall also publish a list of the names of each person, firm or corporation which has received from the Authority during such period in excess of $20,000, as well as the amount paid to such person, firm or corporation during such period. The first such list shall be published in July 1973 and shall include all such reportable contracts and payments made since January 1, 1972. The published information shall also be filed as a statement, verified by the Chairman of the Board of the Authority and its General Manager, with members of the Metropolitan Atlanta Rapid Transit Authority Overview Committee, the State Auditor and with governing authorities of each county and the largest municipality in the area of the Authority's operation. Contract summary. Statement of Revenues, etc. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.); and for other purposes. /s/ Elliott H. Levitas, Representative, 50th District

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This is to certify that Notice of Intention to Introduce Local Legislation re: a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) as shown in attached newspaper cutting was published in News/Daily, the county legal organ, January 9, 16, and 23, 1973. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this the 23rd day of January, 1973. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large. My Commission Expires Sept. 17, 1974. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1973 Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.); and for other purposes. /s/ Elliott H. Levitas, Representative, 50th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elliott H. Levitas who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of

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Gwinnett County, on the following dates: January 12, 19, 26, 1973. /s/ Elliott H. Levitas, Representative, 50th District Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Yvonne Redding Notary Public, Georgia State at Large. My Commission Expires November 1, 1975. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1973 Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.); and for other purposes. /s/ Elliott H. Levitas, Representative, 50th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elliott H. Levitas, who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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DeKalb New Era which is the official organ of DeKalb County, on the following dates: January 4, 11, 18, 1973. /s/ Elliott H. Levitas, Representative, 50th District Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Yvonne Redding Notary Public, Georgia State at Large. My Commission Expires November 1, 1975. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1973 Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.); and for other purposes. /s/ Elliott H. Levitas, Representative, 50th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elliott H. Levitas who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 12, 19, 26, 1973. /s/ Elliott H. Levitas, Representative, 50th District Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Yvonne Redding Notary Public, Georgia State at Large. My Commission Expires November 1, 1975. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1973 Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.); and for other purposes. /s/ Elliott H. Levitas, Representative, 50th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Elliott H. Levitas who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of

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Fulton County, on the following dates: January 4, 11, 18, 1973. /s/ Elliott H. Levitas, Representative, 50th District Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Yvonne Redding Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved March 17, 1973. BOARD OF HEALTHINCORPORATED COMMUNITIESFLUORIDATION OF CERTAIN WATER SUPPLIES PROVIDED. Code 88-2603 Amended. No. 71 (House Bill No. 51). An Act to amend Code section 88-2603, relating to the power and duties of the Board of Human Resources in regard to water supply quality control, so as to empower the State Board of Health to require fluoridation of potable public water supplies in certain incorporated communities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-2603, relating to the power and duties of the Board of Human Resources in regard to water supply quality control, is hereby amended by adding at the end thereof a new subsection (12), to read as follows:

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(12) to require by regulation fluoridation of potable public water supplies in incorporated communities lying wholly within this State; provided that in no case should such fluoridation be required at a level greater than one part per million parts of water. Provided that any city or county and their water systems can remove themselves from the terms of this Act by referendum called by petition of 10 percent of the registered voters in such political subdivision who voted in the last General Election. This applies to a referendum for or against fluoridation. Code 88-2603 amended. Section 1A. No incorporated municipality, county, or public or private water authority shall be required to comply with the provisions of Code section 88-2603(12) unless the State has made available funds for the cost of the fluoridation equipment, the installation of such equipment and the materials and chemicals required for six months of fluoridation of such potable public water supplies. Section 2. Any person that is deemed allergic to fluoridated water and finds it necessary upon the advice of a physician or approval by the Department of Human Resources to purchase a device to remove it from the water it shall be tax deductible as any other medical expense. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1973. STATE DEPOSITORIES BOARDSTATE TREASURER REPLACED AS MEMBER, ETC. Code Chapter 100-1 Amended No. 72 (House Bill No. 321). An Act to amend Code Chapter 100-1, relating to State depositories, as amended, so as to provide that the Director of the Fiscal Division of the Department of Administrative

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Services shall replace the State Treasurer as a member of the Board and perform all of the duties formerly discharged by the State Treasurer; to clarify the additional duties of the Board; to provide that bonds of State depositories shall have the same binding force and effect as public officers' bonds; to authorize the Director to contract with any State depository for the purpose of safekeeping securities deposited with the Director; to provide for the submission of monthly statements by depositories to certain officials; to repeal the provisions requiring tax collectors to deposit State funds in certain designated depositories; to repeal the provisions authorizing tax officers to deposit State funds directly into the State Treasury; to repeal the provisions relating to the bond of the State Treasurer; to provide for the investment of State funds by the Fiscal Division of the Department of Administrative Services during short periods of time in securities purchased under repurchase agreements with State depositories; 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 100-1, relating to State Depositories, as amended, is hereby amended by striking Code section 100-101 in its entirety and inserting in lieu thereof a new Code section 100-101, to read as follows: 100-101. State Depository Board, creation, membership; naming and appointment of depositories. The State Depository Board (hereinafter referred to as the `Board') is hereby created, consisting of the Governor, the Comptroller General, the State Auditor, the Commissioner of Banking and Finance, the State Revenue Commissioner, and the Director of the Fiscal Division, Department of Administrative Services (hereinafter referred to as the `Director') who shall act as administrative officer of the Board, a majority of whom shall constitute a quorum, and the acts of the majority of whom shall be the acts of the Board. The Board, in its discretion, may, from time to time, name and appoint as State depositories of State funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance

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Corporation. At such time as an Act providing that banks and savings and loan associations shall be taxed in the same manner as other corporations are taxed becomes effective, the Board may also name and appoint as State depositories of State funds any building and loan association or Federal savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation. Code 100-101 amended. Section 2. Said Code Chapter is further amended by striking Code Section 100-101.1 in its entirety and inserting in lieu thereof a new Code Section 100-101.1, to read as follows: 100-101.1. State Depository Board; meetings; records and proceedings; policy for depositing State funds. (a) The Board shall meet at least once each thirty days. The records and proceedings of the Board shall be available for inspection by each member of the General Assembly. At the end of each quarter, the Board shall furnish to the Chairmen of the Senate and House Appropriations Committees, the Chairman of the Senate Banking and Finance Committee and the Chairman of the House Banks and Banking Committee a list of all State time deposits, indicating the amount in each depository, the rates of interest contracted on such deposits, and the physical location of the depository. Code 100-101.1 amended. (b) Compatible with the desirability of placing all State funds on deposit among State depositories and the necessity to maximize the protection of State funds on deposit, the policy to be followed by the Board shall be that there will accrue to the State an advantageous yield of interest on its funds in excess of those required for current operating expenses, in accordance with sound business management practices. Section 3. Said Code Chapter is further amended by striking Code section 100-104 in its entirety and inserting in lieu thereof a new Code section 100-104, to read as follows: 100-104. Bonds of depositories; recording; amount; evidence. Said depositories shall, before entering upon the

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discharge of their duties, by their proper officers, execute bonds, with good and sufficient securities, to be fixed and approved by the Governor. Said bonds shall be conditioned for the faithful performance of all such duties as shall be required of them by law, and for a faithful accounting for the money or effects that may come into their hands during their continuance in office. Said bonds shall be filed and recorded in the executive office and copies thereof, certified by one of the Governor's secretaries under the seal of the Executive Department, shall be received in evidence in lieu of the original in any of the courts, and said bonds shall have the same binding force and effect as public officers' bonds and, in case of default, shall be enforced in like manner. In determining the amount of the bond to be given by a depository under this Section, the Governor shall so fix the same as to make it not less than the amount of money to be entrusted to said depository, and, in no case, shall a larger amount of money be deposited in any depository than the amount of the bond, and the Governor may, at any time, require additional bond, if necessary, to cover fully the amount deposited or intended to be deposited in such bank. The Board may, in its discretion, waive the requirement of such bond as to demand deposits in a depository. Code 100-104 amended. Section 4. Said Code Chapter is further amended by striking Code section 100-105 in its entirety and inserting in lieu thereof a new Code section 100-105, to read as follows: 100-105. Authority of Board to determine amounts to be deposited. The Board shall be authorized to determine, from time to time, in respect to all State funds, whether deposited by the Director or any other department or agency of the State Government, any and all of the following: Code 100-105 amended. (a) the maximum amount of State money which may be deposited in a particular depository; (b) the maximum and minimum proportion of State funds which may be maintained in a particular depository; (c) the amount of State funds to be deposited in particular State depositories as time deposits, as hereinafter defined,

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and the periods of such deposits. Provided that all State depositories shall give security for State deposits as now required by law, but the Board may, in its discretion, not require that security be given in the case of special deposits and operating funds placed in demand deposit checking accounts. Section 5. Said Code Chapter is further amended by striking Code section 100-106 in its entirety and inserting in lieu thereof a new Code section 100-106, to read as follows: 100-106. State Depository Board to advise itself of financial condition of State depositories. It shall be the duty of the Board to keep itself advised, from time to time, of the financial condition of the various State depositories, as well as of the financial condition and standing of the securities on the bonds of such depositories, and if at any time the Board should become satisfied of the insolvency of any of the depositories, or that the affairs of any of said depositories are in an embarrassed condition, it shall be the duty of the Board to direct the Director to withdraw the money of the State from such depository. In case the Board should be advised of the insolvency of the securities on the bond of any of said depositories, it shall be the duty of the Director to notify such depository to strengthen said bond, and if, at the end of ten days, said bond is not strengthened, it shall be the duty of the Board to direct the Director to withdraw the money of the State from such depository. In either event, the Board may also withdraw designation as a State depository. Code 100-106 amended. Section 6. Said Code Chapter is further amended by striking Code section 100-108 in its entirety and inserting in lieu thereof a new Code section 100-108, to read as follows: 100-108. State's deposit limited to amount of bond; securities in lieu of bond. (a) The Director cannot have on deposit at any one time in any of the depositories for a time longer than ten days, a sum of money belonging to the State under a contract with the depository providing

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for the payment of interest by a depository which has not given a bond to the State in the amount as determined by the Board. The bond to be given by State depositories, when such bonds are required, whether State or national banks, shall be a surety bond signed by a surety company duly qualified and authorized to transact business within this State in a sum as so required. In lieu of such a surety bond, the State depository may deposit with the Director: Code 100-108 amended. (1) bonds, bills, certificates of indebtedness, notes or other direct obligations of the United States or of this State; or (2) bonds, bills, certificates of indebtedness, notes or other obligations of the counties or municipalities of this State; or (3) bonds of any public authority created by the laws of this State, if the statute creating such authority provides that the bonds of such authority may be used for this purpose, and such bonds have been duly validated as provided by law, and as to which there has been no default in payment, either of principal or interest; or (4) industrial revenue bonds or bonds of development authorities created by the laws of this State which have been duly validated as provided by law and as to which there has been no default in payment, either of principal or interest. (5) A state depository may deposit with the Director bonds, bills, certificates of indebtedness, notes or other obligations of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to principal and interest, and the guarantee of the Federal Deposit Insurance Corporation shall be accepted as collateral by the Director to cover State funds on deposit in State depositories to the extent authorized by the Federal law governing the Federal Deposit Insurance Corporation.

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(b) A State depository may secure deposits made with it in part by surety bond and in part by deposit of any or all of the bonds above mentioned, or by either method. The Board may, however, determine that such security will be required only in the case of time deposits under a contract providing for the payment of interest. (c) The Director is authorized to contract with any bank, other than the State depository offering the security, for the purpose of safekeeping the securities deposited with the Director under this law. Section 7. Said Code Chapter is further amended by striking Code section 100-109 in its entirety and inserting in lieu thereof a new Code section 100-109, to read as follows: 100-109. Monthly statements by depositories. State depositories shall furnish to the State official having custody of the funds a monthly statement of demand accounts, and shall furnish to the responsible official or to the Board such other statements as may be requested relating to funds or transactions in custody of or caused by the agencies, bureaus, boards, commissions or departments of the State of Georgia. Code 100-109 amended. Section 8. Said Code Chapter is further amended by striking Code section 100-112, relating to the payment of State funds by tax collectors into certain designated depositories, in its entirety. Code 100-112 repealed. Section 9. Said Code Chapter is further amended by striking Code section 100-113, relating to the authorization of tax officers to deposit State funds directly into the State Treasury, in its entirety. Code 100-113 repealed. Section 10. Said Code Chapter is further amended by striking Code section 100-114, relating to the bond of the State Treasurer, in its entirety. Code 100-114 repealed. Section 11. Said Code Chapter is further amended by striking Code section 100-116 in its entirety and inserting

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in lieu thereof a new Code section 100-116, to read as follows: 100-116. Director's duty as to deposits. The Director shall hereafter deposit all State moneys in compliance with the determination of the Board as to the maximum amount and proportion of deposits in particular depositories. Code 100-116 amended. Section 12. Said Code Chapter is further amended by striking Code section 100-117 in its entirety and inserting in lieu thereof a new Code section 100-117, to read as follows: 100-117. Requirement that funds be invested; interest yield; other investments; reports to Board. All demand funds held by any department, board, bureau or other agency of the State shall be deposited in state depositories, and such funds that are in excess of requirements for current operating expenses shall be so placed under time deposit agreements by the Director conforming to interest contracts then having current approval of the Board made pursuant to Code section 100-103, as now or hereafter amended, and any funds not so deposited or placed under time deposit agreements shall be subject to immediate withdrawal on order of the Director when directed by the Board. The Board may permit any department, board, bureau, or other agency to invest funds collected directly by that department, board, bureau or agency in short-term time deposit agreements, provided the interest income of those funds are remitted to the Director as revenues of the State. Code 100-117 amended. All departments, boards, bureaus and other agencies of the State shall report to the Board, on such forms and at such times as the Board may prescribe, such information as the Board may reasonably require concerning deposits and withdrawals pursuant to this Section as shall enable the Board to determine compliance with this Section. Interest earned on State funds withdrawn from the treasury of the Fiscal Division, Department of Administrative Services, on approved budgets, shall be remitted to the Fiscal Division, Department of Administrative Services, by each department, board, bureau or agency and placed in

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the general fund. The Board may permit the Director to invest in securities which can be deposited by a State depository, in accord with this law, in lieu of a surety bond. These obligations, upon approval by the Board, shall be purchased under repurchase agreements whereby the seller, which shall be an approved State depository, agrees to repurchase the obligation at an established price within not less than five days and not more than fifteen days from the date of the agreement. At no time shall such repurchase agreements constitute more than twenty percent of the total time and demand accounts maintained by the Director. Section 13. Said Code Chapter is further amended by striking Code section 100-118 in its entirety and inserting in lieu thereof a new Code section 100-118, to read as follows: 100-118. Reports by Director. The Director, as administrative officer of the Board, shall furnish to the Governor and the Board such information and reports relating to funds held on demand accounts and as investments, estimates of treasury receipts and withdrawals and interest earned on investments as may be necessary or helpful to said Board in the administration of its duties hereunder. Code 100-118 amended. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1973. MEMBERSHIP OF PARDON AND PAROLE BOARD INCREASED. No. 73 (House Bill No. 337). An Act to implement the provisions of Article V, Section I, Paragraph XI of the Constitution, as amended, by

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amending an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185) so as to increase the size of the State Board of Pardons and Paroles to five members; to provide for the terms of Board members; 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 creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof the following: There shall be a State Board of Pardons and Paroles, which shall consist of five members appointed by the Governor, subject to confirmation of the Senate. Members. Section 2. The fourth and fifth members of the Board, appointed pursuant to the provisions of this Act, their successors, the successors to the present members and all members of the Board who are subsequently appointed to fill vacancies shall serve on the Board for a period of seven years or until they shall be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor, and Attorney General or by the judgment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. Appointments made at times when the Senate is not in Session shall be effective ad interim. The fourth and fifth members shall be appointed within thirty days of the effective date of this Act. Same. 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 26, 1973.

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CRIMINAL LAWPROVISIONS FOR IMPOSITION OF DEATH PENALTY MADE. Code Title 26 Amended. No. 74 (House Bill No. 12). An Act to provide for the imposition of the death penalty in certain cases; to provide procedures and requirements for the authorization of such penalty; to provide for judicial review of such sentence; to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and providing for sentences in criminal felony cases, approved March 18, 1964 (Ga. L. 1964, p. 483), as amended by an Act approved March 27, 1970 (Ga. L. 1970, p. 949), and an Act approved April 13, 1971 (Ga. L. 1971, p. 902), so as to provide that in cases in which the jury or judge may consider the death penalty, the additional procedure provided in Code section 27-2534.1 shall be followed; to provide that at the conclusion of all felony cases heard by a jury, and after argument of counsel and proper charge from the court, the jury shall retire to consider a verdict of guilty or not guilty without any consideration of punishment; to provide that in non-jury felony cases the judge shall likewise first consider a finding of guilty or not guilty without any consideration of punishment; to provide for additional evidence; to provide for arguments; to provide the procedure for the judge in non-jury cases to determine the punishment to be imposed; to provide that the jury shall fix a sentence within the limits prescribed by law; to provide that the judge shall impose the sentence fixed by the jury as provided by law; to amend Code Chapter 26-24, relating to perjury, so as to eliminate the death penalty for perjury and to change the penalty for perjury in certain cases; to amend Code Chapter 27-25, relating to sentences and executions, as amended, so as to provide that the death penalty may be imposed for the offenses of aircraft hijacking or treason; to provide that in all other cases in which the death penalty may be authorized, the judge shall include certain aggravating circumstances in his instructions for the jury to consider

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or shall consider such circumstances himself when he determines sentence; to provide that the statutory instructions determined by the trial judge to be warranted by the evidence shall be provided in writing to the jury for its deliberation; to provide that if a recommendation of death is made in the verdict, the jury shall designate in writing the aggravating circumstance or circumstances which it found beyond a reasonable doubt; to provide for designations in non-jury cases; to provide that unless at least one of the statutory aggravating circumstances is found, the death penalty shall not be imposed; to provide for the review of sentences of death by the Supreme Court of Georgia; to provide for the practices and procedures in connection with such review; to provide for the submission of records and transcripts; to provide for determinations by the Supreme Court; to provide for briefs and oral arguments; to provide for the affirmance or setting aside of sentences of death; to provide for the remand of cases for resentencing by the trial judge; to provide for an Assistant to the Supreme Court and his appointment, qualifications, term and staff; to provide for the accumulation of records of offenses punishable by death and data concerning such cases; to provide that the office of the Assistant shall be attached to the office of the Clerk of the Supreme Court of Georgia for administrative purposes; to provide that the sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration; to amend an Act comprehensively and exhaustively revising, superseding and modernizing appellate and other post trial procedure in civil and criminal cases, approved February 19, 1965 (Ga. L. 1965, p. 18), so as to change the provisions relative to transcripts of evidence and the granting of extensions of time for the preparation and filing of such transcripts; to provide that motions for new trial in cases in which the death penalty is imposed shall be given priority; to amend Code section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court, so as to provide that in the event that a sentence of death is imposed, the transcript of the case shall be prepared at the earliest possible time and shall

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take priority in preparation over all other cases; to amend Code section 26-3102, relating to capital offenses, and jury verdicts and sentences, as amended, so as to provide that, in cases other than treason or aircraft hijacking, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance; to provide that where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death; to provide that unless the jury or judge trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death; to amend an Act providing that any person who has been indicted for an offense punishable by death may enter a plea of guilty at any time after his indictment, approved March 9, 1956 (Ga. L. 1956, p. 737), so as to provide that the judge of the superior court having jurisdiction may sentence such person to life imprisonment or to any punishment authorized by law for the offense named in the indictment; to amend Code Chapter 27-25, relating to sentences and executions, as amended, so as to provide that upon a verdict or judgment of death made by a jury or a judge, it shall be the duty of the presiding judge to sentence such convicted person to death, and to make such sentence in writing; to provide for other matters relative to the foregoing; 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 repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and providing for sentences in criminal felony cases, approved March 18, 1964 (Ga. L. 1964, p. 483), as amended by an Act approved March 27, 1970 (Ga. L. 1970, p. 949) and an Act approved April 13, 1971 (Ga. L. 1971, p. 902), is hereby amended by striking section 1A in its entirety, and inserting in lieu thereof a new section 1A, to read as follows:

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Section 1A. At the conclusion of all felony cases heard by a jury, and after argument of counsel and proper charge from the court, the jury shall retire to consider a verdict of guilty or not guilty without any consideration of punishment. In non-jury felony cases, the judge shall likewise first consider a finding of guilty or not guilty without any consideration of punishment. Where the jury or judge returns a verdict or finding of guilty, the court shall resume the trial and conduct a pre-sentence hearing before the jury or judge at which time the only issue shall be the determination of punishment to be imposed. In such hearing, subject to the laws of evidence, the jury or judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant, or the absence of any such prior criminal convictions and pleas; provided, however, that only such evidence in aggravation as the State has made known to the defendant prior to his trial shall be admissible. The jury or judge shall also hear argument by the defendant or his counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. The prosecuting attorney shall open and the defendant shall conclude the argument to the jury or judge. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions and the jury shall retire to determine the punishment to be imposed. In cases in which the death penalty may be imposed by a jury or judge sitting without a jury, the additional procedure provided in Code section 27-2534.1 shall be followed. The jury, or the judge in cases tried by a judge, shall fix a sentence within the limits prescribed by law. The judge shall impose the sentence fixed by the jury or judge, as provided by law. If the jury cannot, within a reasonable time, agree to the punishment, the judge shall impose sentence within the limits of the law; provided, however, that the judge shall in no instance impose the death penalty when, in cases tried by a jury, the jury cannot agree upon the punishment. If the trial court is reversed on appeal because of error only in the pre-sentence hearing, the new trial which may be ordered shall apply only to the issue of punishment. Pre-sentence hearing.

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Section 2. Code Chapter 26-24, relating to perjury, is amended by striking from the last sentence of Code section 26-2401, relating to perjury, the following: convicted of an offense punishable by death or life imprisonment, and the following: death or, and inserting in lieu thereof the following: imprisoned shall be sentenced to a term not to exceed the sentence provided for the crime for which the other person was convicted. A person convicted of perjury that was a cause of another's being punished by death, so that when so amended, Code section 26-2401 shall read as follows: 26-2401 Perjury. A person to whom a lawful oath or affirmation has been administered commits perjury, when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question. A person convicted of perjury shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than 10 years, or by both. A person convicted of perjury that was a cause of another's being imprisoned shall be sentenced to a term not to exceed the sentence provided for the crime for which the other person was convicted. A person convicted of perjury that was a cause of another's being punished by death shall be punished by life imprisonment. Code 26-2401 amended. Section 3. Code Chapter 27-25, relating to sentences and executions, as amended, is hereby amended by adding a new Code section, to be designated Code section 27-2534.1, to read as follows:

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27-2534.1 Mitigating and aggravating circumstances; death penalty. (a) The death penalty may be imposed for the offenses of aircraft hijacking or treason, in any case. (b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence: Code 27-2534.1 enacted. (1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony, or the offense of murder was committed by a person who has a substantial history of serious assaultive criminal convictions. (2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony, or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree. (3) The offender by his act of murder, armed robbery, or kidnapping knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person. (4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value. (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor or former district attorney or solicitor during or because of the exercise of his official duty.

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(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person. (7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim. (8) The offense of murder was committed against any peace officer, corrections employee or fireman while engaged in the performance of his official duties. (9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement. (10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another. (c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In non-jury cases the judge shall make such designation. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in Code section 27-2534.1(b) is so found, the death penalty shall not be imposed. Section 4. Said Code Chapter is further amended by adding a new Code Section, to be designated Code section 27-2537, to read as follows: 27-2537. Review of death sentences. (a) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Supreme Court of Georgia. The clerk of

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the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court of Georgia together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court of Georgia. Code 27-2537 enacted. (b) The Supreme Court of Georgia shall consider the punishment as well as any errors enumerated by way of appeal. (c) With regard to the sentence, the court shall determine: (1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor, and (2) Whether, in cases other than treason or aircraft hijacking, the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in Code section 27-2534.1(b), and (3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. (d) Both the defendant and the State shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court. (e) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to: (1) Affirm the sentence of death; or

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(2) Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court of Georgia in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration. (f) There shall be an Assistant to the Supreme Court, who shall be an attorney appointed by the Chief Justice of Georgia and who shall serve at the pleasure of the court. The court shall accumulate the records of all capital felony cases in which sentence was imposed after January 1, 1970, or such earlier date as the court may deem appropriate. The Assistant shall provide the court with whatever extracted information it desires with respect thereto, including but not limited to a synopsis or brief of the facts in the record concerning the crime and the defendant. (g) The court shall be authorized to employ an appropriate staff and such methods to compile such data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence. (h) The office of the Assistant shall be attached to the office of the Clerk of the Supreme Court of Georgia for administrative purposes. (i) The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence. Section 5. An Act comprehensively and exhaustively revising, superseding and modernizing appellate and other post trial procedure in civil and criminal cases, approved

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February 19, 1965 (Ga. L. 1965, p. 18), is hereby amended by striking from section 16 the following: (a), and by adding to said section, following the words the court may in its discretion grant an extension of time, the following: , except in cases where the death penalty is imposed,, and by adding to said section, preceding the sentence which reads as follows: On appeal, a party shall not be limited to the grounds urged in the motion, or any amendment thereof., the following: Motions for new trial in cases in which the death penalty is imposed shall be given priority., so that when so amended, section 16 shall read as follows: Section 16. All applications for new trial, except in extraordinary cases shall be made within thirty (30) days of the entry of the judgment on the verdict, or entry of the judgment where the case was tried without a jury. The motion may be amended any time on or before the ruling thereon, and where the grounds thereof require consideration of the transcript of evidence or proceedings, the court may in its discretion grant an extension of time, except in cases where the death penalty is imposed, for the preparation and filing of the transcript, which may be done any time on or before the hearing, or the court may in its discretion hear and determine the motion before the transcript of evidence and proceedings is prepared and filed. The grounds of the motion need not be approved by the court. The motion may be heard in vacation or term time, but where not heard at the time named in the order, whether in term time or vacation, it shall stand for hearing at the next term or at such other time in term or vacation as the court by order at any time may prescribe, unless sooner disposed of. Motions

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for new trial in cases in which the death penalty is imposed shall be given priority. On appeal, a party shall not be limited to the grounds urged in the motion, or any amendment thereof. The court also shall be empowered to grant a new trial on its own motion within thirty (30) days from entry of the judgment, except in criminal cases where the defendant was acquitted. Motions for new trial. Section 6. Code section 27-2401, relating to stenographic notes and the entry of testimony on minutes of the court, is hereby amended by striking from the second sentence of said Code section, the following: the jury returning, and by adding to said Code section, following the second sentence of such Code section the following: In the event that a sentence of death is imposed, the transcript of the case shall be prepared at the earliest possible time and shall take priority in preparation over all other cases., so that when so amended, Code section 27-2401 shall read as follows: 27-2401. Stenographic notes; entry of testimony on minutes of court; transcript or brief. On the trial of all felonies the presiding judge shall have the testimony taken down, and, when directed by the judge, the court reporter shall exactly and truly record, or take stenographic notes of, the testimony and proceedings in the case, except the argument of counsel. In the event of a verdict of guilty, the testimony shall be entered on the minutes of the court or in a book to be kept for that purpose. In the event that a sentence of death is imposed, the transcript of the case shall be prepared at the earliest possible time and shall take priority in preparation over all other cases. In the event that a mistrial results from any cause in the trial of a defendant charged with the commission of a felony, the presiding judge may, in his discretion, either with or without any application of the defendant or State's counsel,

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direct that a brief or transcript of the testimony had in the case be duly filed by the court reporter in the office of the clerk of the superior court wherein such mistrial occurred. If said brief or transcript shall be ordered it shall be the duty of the judge to provide in said order requiring such brief or transcript for the compensation of said reporter, and that said transcript or transcripts shall be paid for on the order of said judge, as now provided by law for transcripts in cases wherein the law requires the testimony to be transcribed, at a rate not to exceed that provided by existing statutes in cases wherein a sentence is made in felony cases: Provided, however, nothing herein contained shall be deemed or construed to in any wise impeach or avoid the operation of Section 24-3104. Code 27-2401 amended. Section 7. Code section 26-3102, relating to capital offenses, and jury verdicts and sentences, as amended, is hereby amended by striking said Code section in its entirety, and inserting in lieu thereof a new Code section 26-3102, to read as follows: 26-3102. Capital offenses; jury verdict and sentence. Where, upon a trial by jury, a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. The provisions of this section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty. Code 26-3102 enacted.

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Section 8. An Act providing that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, approved March 9, 1956 (Ga. L. 1956, p. 737) 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 person who has been indicted for an offense punishable by death may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may, in his discretion, during term time or vacation, sentence such person to life imprisonment, or to any punishment authorized by law for the offense named in the indictment. Provided, however, that the judge of the superior court must find one of the statutory aggravating circumstances provided in Code section 27-2534.1 before imposing the death penalty except in cases of treason or aircraft hijacking. Guilty plea. Section 9. Code Chapter 27-25, relating to sentences and executions, as amended, is hereby amended by striking Code section 27-2514 in its entirety, and inserting in lieu thereof a new Code section 27-2514, to read as follows: 27-2514. Sentence of death; copy for penitentiarysuperintendent. Time and mode of conveying prisoner to penitentiary. Expenses. Upon a verdict or judgment of death made by a jury or a judge, it shall be the duty of the presiding judge to sentence such convicted person to death and to make such sentence in writing, which shall be filed with the papers in the case against such convicted person, and a certified copy thereof shall be sent by the clerk of the court in which said sentence is pronounced to the superintendent of the State penitentiary, not less than 10 days prior to the time fixed in the sentence of the court for the execution of the same; and in all cases it shall be the duty of the sheriff of the county in which such convicted person is so sentenced, together with one deputy or more, if in his judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge, or if he is not available, by the ordinary of said county in which such prisoner is sentenced, to convey such

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convicted person to said penitentiary, not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor, or unless a stay of execution has been caused by appeal, granting of a new trial, or other order of a court of competent jurisdiction, and the expense for transporting of said person to the penitentiary for the purpose of electrocution shall be paid by the ordinary of the county wherein the conviction was had, or the board of county commissioners, the county commissioner, or other person or persons having charge of the county funds, out of any funds on hand in the treasury of such county. Code 27-2514 amended. Section 10. 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 of parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The Supreme Court may suspend consideration of death penalty cases until January 1, 1974, or such earlier time as the court determines it is prepared to make the comparisons required under the provisions of this Act. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1973.

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MUNICIPAL HOME RULE ACT AMENDEDPROVISION FOR AMENDMENT OF CERTAIN CHARTERS MADE (400,000 or more). No. 75 (House Bill No. 211). 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 amendment of the charter of certain municipalities under certain circumstances and for certain purposes; 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 adding a new section 3A between sections 3 and 4 to read as follows: Section 3A. When any municipality in this State having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census is reincorporated and the existing charter of such municipality is completely revised by an Act of the General Assembly and, at the same session of the General Assembly at which the Act creating such new charter is adopted, other Acts of the General Assembly amending the existing charter of such municipality are also adopted, the governing authority of such municipality shall, prior to the end of the calendar year during which the Act creating a new charter and such other Acts amending the existing charter were adopted and pursuant to the procedures set forth in this Act, amend the new charter of such municipality so as to include therein such other Acts amending the existing charter of such municipality. 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 28, 1973. ELECTIONSPROVISION MADE FOR SPECIAL AND GENERAL ELECTIONS HELD AT SAME TIME. Code Chapter 34-8 Amended. No. 76 (House Bill No. 228). An Act to amend Code Chapter 34-8, relating to primary and election dates and to certain special elections, so as to provide that, whenever a special election shall be conducted at the same time of a general election, certain times provided for the general election shall apply to such special election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-8, relating to primary and election dates and to certain special elections, is hereby amended by adding at the end thereof a new Code section, to be designated as Code section 34-807, to read as follows: 34-807. Whenever a special election shall be conducted at the same time of a general election, the time specified for the closing of the registration list and the time within which candidates must qualify for such special election shall be the same as specified in this Title for general elections. Code 34-807 enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1973.

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ELECTIONSPROVISION FOR PROCESSING DEFECTIVE BALLOT CARDS MADE. Code 34-1338 Amended. No. 77 (House Bill No. 230). An Act to amend Code section 34-1338, relating to the procedures for the processing of ballot cards at the tabulation center, so as to provide that duplicate cards shall be red in color, bear the same serial number as the defective ballot card and shall be attached to the defective card; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1338, relating to the procedures for the processing of ballot cards at the tabulation center, is hereby amended by striking in its entirety subparagraph (iii) of subsection (a) and substituting in lieu thereof the following: (iii) If it appears that a ballot card is so torn, bent or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his discretion, may either: (a) order that the ballot card be counted in the same manner as paper ballots are counted; or (b) order the proper election official at the tabulating center to prepare a true duplicate copy for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards, including those prepared pursuant to subsection (f) of Code section 34-1336, shall be red in color, shall be clearly labeled by the word `Duplicate', shall bear the designation of the polling place and shall be given the same serial number as the defective card. The defective ballot card shall be attached to the duplicate and shall remain therewith at all times except for that period of time during which it is being processed by the tabulating machine. Any ballot card returned by the managers with the notation that the votes cast for a particular office are invalid shall, after inspection, be processed by either of the methods prescribed in section 34-1336 (f). Code 34-1338 amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1973. MACON JUDICIAL CIRCUITJUDGES AND DISTRICT ATTORNEYSALARY SUPPLEMENTS PROVIDED. No. 78 (House Bill No. 389). An Act to provide that the salary of each of the judges of the superior courts of the Macon Judicial Circuit and the salary of the district attorney of the Macon Judicial Circuit shall be supplemented by the counties comprising said circuit; to fix the amount of such supplemental salaries; to provide the method and manner in which such supplemental compensation is to be paid; 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. (a) The salary of each judge of the superior courts of the Macon Judicial Circuit shall be supplemented by payments out of the treasuries of Bibb County, Peach County and Crawford County in the following amounts: (1) Out of the treasury of Bibb County, the salary of each of said judges shall be supplemented in the amount of $5,000 per annum. Judges. (2) Out of the treasury of Peach County, the salary of each of said judges shall be supplemented in the amount of $137.50 per annum. (3) Out of the treasury of Crawford County, the salary of each of said judges shall be supplemented in the amount of $87.50 per annum.

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(b) The supplemental payments provided for in subsection (a) shall be paid monthly by the governing authorities of the respective counties or other authorities having control of expenditures of county funds. Section 2. (a) The salary of the district attorney of the Macon Judicial Circuit shall be supplemented by payments out of the treasuries of Bibb County, Peach County and Crawford County in the following amounts: (1) Out of the treasury of Bibb County, the salary of said district attorney shall be supplemented in the amount of $3,425 per annum. District attorney. (2) Out of the treasury of Peach County, the salary of the district attorney shall be supplemented in the amount of $1,200 per annum. (3) Out of the treasury of Crawford County, the salary of the district attorney shall be supplemented in the amount of $600 per annum. (b) The supplemental payments provided for in subsection (a) shall be paid monthly by the governing authorities of the respective counties or other authorities having control of expenditures of county funds. Section 3. If any section or portion of this Act is declared unconstitutional, the remaining sections or portions hereof shall not be affected and the remaining provisions of this Act shall not be invalidated but shall remain of full force and effect. 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. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at its 1973 Session, a Bill

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which will have the effect of Supplementing the salary of the District Attorney of the Macon Judicial Circuit of Georgia. This 15th day of December 1972. /s/ S. Phillip Brown, Member Georgia House of Representatives District 89, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy L. Evans who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 21, 28, 1972 and January 4, 1973. /s/ Billy L. Evans Representative, 89th District Sworn to and subscribed before me, this 17 day of January, 1973. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission Expires October 17, 1976. (Seal). Notice. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at its 1973 Session, a Bill which will have the effect of supplementing the salary of

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the District Attorney of the Macon Judicial Circuit of Georgia. This 15th day of December, 1972. /s/ S. Phillip Brown, Member, Georgia House of Representatives District 89, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. Phillip Brown who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader Tribune which is the official organ of Peach County, on the following dates: December 21, 28, 1972 and January 4, 1973. /s/ S.Phillip Brown, Representative, 89th District Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Notice is hereby given that there will be introduced in the General Assembly of Georgia at its 1973 Session, a Bill which will have the effect of supplementing the salary of the District Attorney of the Macon Judicial Circuit of Georgia. This 15th day of December, 1972. /s/ Dan Grahl, Member Georgia House of Representatives District 88

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. Phillip Brown who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following dates: December 21, 28, 1972 and January 4, 1973. /s/ S. Phillip Brown Representative, 89th District Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Georgia, Peach County. Notice is hereby given of the application to the General Assembly of Georgia, 1973 Session, for the passage of a bill, entitled to-wit: An Act to provide that the salary of each of the judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the treasuries of Bibb, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. /s/ Daniel K. Grahl Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl who, on

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oath, deposes and says that he is Representative from the 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following dates: January 4, 11, 18, 1973. /s/ Daniel K. Grahl Representative, 88th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Notice. Georgia, Bibb County. Notice is hereby given of the application to the General Assembly of Georgia, 1973 Session, for the passage of a bill entitled, to-wit: An act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payments to be made from the Treasuries of Bibb, Peach and Crawford Counties, Georgia; to fix the amount of such supplemental salaries; to provide the method and manner in which the same is to be paid; and for other purposes. This 30th day of December, 1972. /s/ Billy L. Evans Representative, District 89, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Evans who, on

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oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: December 30, 1972 and January 6, 13, 1973. /s/ Billy Evans Representative, 89th District Sworn to and subscribed before me, this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Georgia, Crawford County. Notice is hereby given of the application to the General Assembly of Georgia, 1973 Session for the passage of a bill, entitled to wit: An Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Judicial Circuit shall be supplemented by payment to be made from the treasury of Bibb, Peach, and Crawford Counties, Georgia; To fix the amount of such supplemental salary; To provide the method and manner in which the same is to be paid; and for other purposes. /s/ Daniel K. Grahl Representative Crawford County, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Evans who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following dates: January 4, 11, 18, 1973. /s/ Billy Evans Representative, 89th District Sworn to and subscribed before me, this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Approved March 28, 1973. PUBLIC ASSISTANCE ACT AMENDEDPENALTIES FOR FRAUDULENTLY OBTAINING ASSISTANCE PROVIDED. No. 79 (House Bill No. 505). An Act to amend an Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, so as to provide criminal penalties for fraud in obtaining food stamps and medical assistance (medicaid); to increase the penalty for fraud when the amount received exceeds $500; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, is hereby amended by striking subsection (a) of section 13 in its entirety, and substituting in lieu thereof a new subsection (a), to read as follows: (a) Any person who by means of a false statement, failure to disclose information, or impersonation, or by other fraudulent device, obtains or attempts to obtain, or any person who knowingly or intentionally aids or abets such person in the obtaining or attempting to obtain, (1) any grant or payment of public assistance, food stamps, or medical assistance (medicaid) to which he is not entitled; (2) a larger amount of public assistance, food stamp allotment, or medical assistance (medicaid) than that to which he is entitled; or (3) payment of any forfeited grant of public assistance; or, any person who with intent to defraud the Department in the buying or in any way disposing of the real property of a recipient of public assistance, shall be punished as for a misdemeanor unless the amount or value of public assistance, food stamps or medical assistance (medicaid) so obtained exceeds $500 in which event such person shall be punished as for a felony and sentenced from 1 to 3 years. Fraud defined. Penalties. 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. 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 28, 1973. STOCK AND MUTUAL INSURERSPERPETUAL CHARTER DURATION PROVIDED. Code 56-1504 Amended. No. 80 (House Bill No. 571). An Act to amend Code section 56-1504, relating to corporate charters for stock and mutual insurers, so as to provide that the duration of corporate charters of stock and mutual insurers existing at the time of enactment of the Georgia Business Corporation Code and thereafter shall be perpetual unless otherwise limited in the application for charter by those individuals qualified to incorporate a mutual insurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1504, relating to corporate charters for stock and mutual insurers, is hereby amended by striking subsection (3) (b), relating to the duration of the corporate charter of a domestic stock or mutual insurer, in its entirety, and inserting in lieu thereof, a new subsection, to read as follows: (b) That the corporation shall have perpetual duration, unless otherwise limited in the application for charter. Each domestic stock and mutual insurance corporation existing at the time of enactment of the Georgia Business Corporation Code and thereafter shall have perpetual duration unless its charter is subsequently amended under this Chapter to provide for a limited period of duration. Code 56-1504 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 March 28, 1973. FIREMEN'S PENSION FUND ACT AMENDED. No. 83 (Senate Bill No. 55). An Act to amend an Act providing revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the Firemen's Pension Fund, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 441), and an Act approved March 31, 1971 (Ga. L. 1971, p. 332), so as to increase pension benefits; to reduce the age which must be attained before a pension may be drawn; to provide for additional applications for membership in the Fund; 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 revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the Firemen's Pension Fund, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 441), and an Act approved March 31, 1971 (Ga. L. 1971, p. 332), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. Any eligible fireman or volunteer fireman who has served twenty-five (25) years as a fireman or

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volunteer fireman, upon application to and approval by the Board, shall be retired upon monthly pension of one hundred twenty-five ($125.00) dollars. Provided that any fireman or volunteer fireman retiring after twenty-five (25) years of service, but before reaching the age of fifty-five (55) years, may cease his monthly five ($5.00) dollar payment to the Fund, and upon reaching the age of fifty-five (55) years and being otherwise eligible, he shall be paid a pension of one hundred twenty-five ($125.00) dollars per month. Provided further that no person shall receive a pension hereunder prior to April 1, 1956, but those persons eligible and retiring prior to said date and who have paid into the Fund five ($5.00) dollars per month for not less than twelve (12) consecutive months shall be retired upon a pension of fifty ($50.00) dollars per month. Provided further that no person shall be eligible for a pension hereunder until his official duties shall have terminated. Provided further that no person shall be eligible for a pension hereunder if retired from any fire department prior to the approval of this Act. Eligibility. Section 2. Said Act is further amended by striking section 7A in its entirety and inserting in lieu thereof a new section 7A, to read as follows: Section 7A. (a) Any fireman or volunteer fireman who is a member of the Fund who becomes totally and permanently disabled as a result of bodily injury; or whose health shall become permanently impaired to such extent as to render him totally disabled as a result of such fire service while actively engaged in the performance of such fireman's or volunteer fireman's official duties within the fire department by which employed, shall be entitled to receive disability benefits in the amount of one hundred twenty-five ($125.00) dollars per month. Provided, however, no such person shall be eligible for such benefits until at least six (6) months from the date such person sustained the injury or impairment causing such disability. Disability. (b) Any fireman who is a member of the Fund who shall become totally and permanently disabled as a result of heart disease or respiratory disease shall be entitled to receive

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benefits in the amount of one hundred twenty-five ($125.00) dollars per month. Provided, however, no such person shall be entitled to any benefits as a result of nonservice-connected disability from heart disease or respiratory disease, unless such person shall have served at least five (5) consecutive years as a `fireman' and a member of the Fund immediately preceding the date of disability. `Non-service-connected' is defined to mean that disability not a result of fire service while actively engaged in the performance of such fireman's or volunteer fireman's official duties within the fire department by which employed. Section 3. Said Act is further amended by striking section 5B in its entirety and substituting in lieu thereof a new section 5B, to read as follows: Section 5B. Firemen and volunteer firemen who were serving as such when the system was instituted and failed to become members of the system, or those who became members and have since withdrawn, or who have since been employed by a fire department and failed to become a member of the system within the time prescribed by law and now desire to become a member of the system are hereby authorized to apply for membership therein, subject to the following conditions: Subsequent memberships. (1) Said firemen and volunteer firemen shall make application for membership upon a form to be furnished by the fund, to be sworn to before a notary public, and in addition thereto shall furnish a physician's certificate showing the true physical condition of the applicant, such certification to be submitted on a form furnished by the fund. The Board of Trustees of said fund may order a reexamination of any applicant for membership in the fund by another physician at any time. The Board is hereby authorized and empowered to pass upon and determine the eligibility of all applicants for membership. The cost of such reexamination shall be paid by the Georgia Firemen's Pension Fund.

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(2) The application form shall provide a space for the chief of the fire department or city clerk to certify under oath as to the creditable service of the applicant. (3) Applications under this provision shall be accompanied by check, money order or cash in an amount equal to a contribution of five ($5.00) dollars per month from July 1, 1955, or from the date on which applicant first became eligible to apply for membership in the fund, together with simple interest thereon at the rate of six (6) per cent per annum, as shown by a prepared table furnished by the fund. (4) No fireman or volunteer fireman fifty years of age or older shall be eligible to apply for membership in the fund unless such fireman or volunteer fireman shall have at least thirteen (13) years of creditable service with a Class Eight (8) or better fire department located within the State of Georgia. (5) Application for membership in the fund from those persons qualifying hereunder will be accepted from September 1 through October 31, 1973, after which date no delinquent application will be accepted. (6) Those firemen and volunteer firemen admitted to the fund under this Act shall not be eligible for retirement and/or disability benefits under the fund until they have completed not less than two (2) years of continuous creditable service from the date of admission to the fund. Those firemen and volunteer firemen admitted to the fund under this Act shall be entitled to disability benefits as provided for in section 2, section 7A (a) and (b), as amended herein. 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 28, 1973.

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HOSPITAL AUTHORITIESPROJECT REDEFINED. Code 88-1802 (d) amended. No. 84 (Senate Bill No. 195). An Act to amend Code Chapter 88-18, relating to hospital authorities, as amended, so as to redefine the word project; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-18, relating to hospital authorities, as amended, is hereby amended by striking subsection (d) of Code section 88-1802 in its entirety, and inserting in lieu thereof a new subsection (d), to read as follows: (d) The word `project' includes the acquisition, construction and equipping of hospitals, sanitariums, dormitories, office buildings, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities and other public health facilities for the use of patients and officers and employees of any institution under the supervision and control of any hospital authority or leased by the hospital authority for operation by others to promote the public health needs of the community and all utilities and facilities deemed by the authority necessary or convenient for the efficient operation thereof. Code 88-1802 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1973.

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STATE BOARD OF EDUCATIONPROVISION MADE FOR STUDY OF FEDERAL AND STATE GOVERNMENTS, ETC. No. 85 (Senate Bill No. 254). An Act to amend an Act providing that the State Board of Education shall prescribe and approve textbooks for a course in Federal and State government to be taught in high schools, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 587), so as to remove the provision relating to the approval and recommendation of certain textbooks by the Board; to provide that the course shall be taught in all high schools which receive State funds; to remove the provisions requiring the course to be taught for the entire school year; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the State Board of Education shall prescribe and approve textbooks for a course in Federal and State government to be taught in high schools, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 587), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. The State Board of Education shall prescribe a course of study in the background, history and development of the Federal and State governments. 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 course so prescribed shall be taught in all high schools which receive in any manner funds from this State. Provided, however the total time devoted to said course of study shall be sufficient to earn one (1) full unit of credit.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1973. CHILD SUPPORT RECOVERY ACT. No. 86 (Senate Bill No. 173). An Act to provide that public assistance paid to needy children is a supplement to the support provided by the responsible parent; to provide a short title; to state the purposes of this Act; to define certain terms; to provide that the payment of public assistance creates a debt to the State; to provide that the acceptance of public assistance operates as an assignment of the right to child support; to provide that the Department shall be governed by the Administrative Procedure Act; to require the Department of Human Resources to attempt to obtain support; to provide for the location of absent parents; to provide for notice to parents; to provide that falsification of information shall be punished as for false swearing; to require investigations; to provide that the Department shall establish standards of ability to support; to provide for determination of ability to support; to provide for periodic redeterminations; to provide for redeterminations at request of parent; to provide for a child support lien in the event of non-payment of support; to state the manner in which support is to be paid; to allow the Department to recover child support; to provide that the procedures are not exclusive; to ensure conformity with federal requirements; to provide for severability; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Short Title. This Act shall be known and may be cited as the Child Support Recovery Act. Section 2. Purposes. (a) This Act shall be liberally construed to promote its underlying purposes. (b) The underlying purposes of this Act are: 1) to provide that public assistance to needy children is a supplement to the contribution of the responsible parents; 2) to provide for a determination that a responsible parent is able to support his children; 3) to provide for the enforcement of an able parent's obligation to furnish support. Section 3. Definitions. As used in this Act: (a) Court order means any judgment or order of the courts of this State or of another state. (b) Dependent child means any person under the age of eighteen who is not otherwise emancipated, self-supporting, married or a member of the armed forces of the United States. (c) Department means the Georgia Department of Human Resources. (d) Duty of Support means any duty of support imposed or imposable by law or by court order, decree or judgment. (e) Parent means the natural or adoptive parents and includes the father of an illegitimate child if paternity has been established in a judicial proceeding or if he has acknowledged paternity in open court or by verified written statement.

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Section 4. Debt to State Created. The payment of public assistance to or on behalf of a dependent child creates a debt due and owing the State by the parent or parents of the child; provided, however, that where a court has ordered child support incident to a final divorce decree or other final order for child support, the debt shall be limited to the amount specified in the decree or order. This liability shall attach only with repect to the period of time during which public assistance is granted and only if the parent or parents were financially able to furnish support during this period. Section 5. Acceptance of Public Assistance Operates as an Assignment. By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the Department of the right to any child support owed for the child or children up to the amount of public assistance paid. The Department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this State and to recover any payments ordered by the courts of this or any other state. Section 6. Administrative Procedure. In administering this Act, the Department shall be governed by the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 38), as from time to time amended. Section 7. Duty of Department to Obtain Support. Whenever the Department receives an application for public assistance on behalf of a child and it shall appear to the satisfaction of the Department that the child has been abandoned by one or both parents, or that the parent(s) has failed to provide support to the child, the Department shall take appropriate action under this Act, the child support statutes or other appropriate state and federal statutes to assure that the parent responsible supports the child. Such action shall be taken by the Department only if the child is an applicant for or recipient of public assistance.

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Section 8. Location of Absent Parents. (a) The Department shall attempt to locate absent parents. (b) The Department is to serve as a registry for the receipt of information which directly relates to the identity or location of absent parents, to assist any governmental agency or department in locating an absent parent, to answer interstate inquiries concerning deserting parents, to coordinate and supervise any activity on a state level in search for an absent parent, to develop guidelines for coordinating activities of any governmental department, board, commission, bureau or agency in providing information necessary for location of absent parents, and is to process all requests received from an initiating county or an initiating state which has adopted the Uniform Reciprocal Enforcement of Support Act. (c) In order to carry out responsibilities imposed under this Act, the Department may request from any governmental department, board, commission, bureau or agency information and assistance. All state, county and city agencies, officers and employees shall cooperate in the location of parents who have abandoned or deserted children receiving public assistance with all pertinent information relative to the location, income and property of such parents, notwithstanding any provision of law making such information confidential. (d) The information which is obtained by the office shall only be available to such governmental department board, commission, bureau, agency or political subdivision of any state for purposes of locating an absent parent to enforce their obligation of support. Section 9. Notification of Parent. (a) The Department shall notify parents and conduct investigations to determine whether a responsible parent is able to support the dependent child receiving public assistance.

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(b) The Department shall notify the parent of his legal duty to support his child or children and shall request information concerning his financial status in order to determine whether he is financially able to provide support. (c) The notice shall inform the parent that he may be liable for reimbursement of any support furnished prior to determination of his financial circumstances as well as future support. (d) Information requested shall be submitted on forms prescribed by the Department and shall contain a sworn declaration of income, resources, and other matters bearing on his ability to provide support. (e) Any person who knowingly falsifies the parent's report of his income and resources shall be punished as for false swearing. Section 10. Investigations. (a) The Department shall review the forms returned by each obligor and supplement the information provided therein, where required. (b) The Department may examine any books, papers, or memoranda bearing upon the determination of the ability to support and may compel the attendance of witnesses and the production of relevant documents. Section 11. Standards for Determining Ability to Support. The Department shall establish a standard by which the ability of the responsible parent(s) to support his child or children shall be measured. The standard shall take into account the buying and consumption patterns of self-supporting persons of modest income, present or future contingencies, and any unusual or exceptional circumstances. An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial situation by voluntarily incurring subsequent obligations.

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Section 12. Determination of Support. (a) When the Department has completed its investigation, has applied the standard to a parent and believes that he is able to furnish support, the Department or its designated hearing officer shall conduct an administrative hearing to finally determine the ability to support and the amount of support. (b) The parent shall be notified of the hearing at least fifteen (15) days before it is to be held. (c) Whenever the Department after a hearing determines the amount of support it shall deliver such determination to the parent personally or shall send it by certified mail. The final order shall inform the parent in plain language: (1) that failure to pay support may result in the foreclosure of liens on his real or personal property or in other collection actions; (2) that he has the right to appeal the determination within thirty (30) days. Section 13. Periodic Redeterminations. The Department may conduct periodic redeterminations and reinvestigations of the ability of the parent to furnish support. Any initial determination of the ability to support or any increase in the amount of support shall be subject to the same procedure as determinations under Section 12. Section 14. Redetermination at Request of Parent. Whenever a parent has been determined able to support his child pursuant to section 12 or 13 but is unable to provide such support because of a change in circumstances, he may demand a hearing for redetermination. The Department shall hold such hearing within 30 days after receiving such request. Section 15. Liens. (a) A child support lien in favor of the Department shall attach to all personal and real property of the responsible

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parent if he has failed to make any child support payment within thirty (30) days after it is due, unless he has appealed, in which event the lien attaches if he fails to pay within thirty (30) days after the judgment of the court affirming the Department's decision. (b) The Department must file its claim of lien within three months from the time it attaches to the property of the parent. The claim of lien must be filed with the clerk of the Superior Court of the county in which the property is located and shall state as follows: The State of Georgia, by the Department of Human Resources, claims a lien in the amount of..... on the..... (describe property) of..... (name of parent)..... for child support owed to his dependent children and public assistance monies paid to his children by the Department of Human Resources. Section 16. Payment of Support. Payment of support pursuant to an administrative order shall be made to the Department of Human Resources. Child support ordered by a court pursuant to a final divorce decree or an order in a proceeding for non-support shall be paid by the clerk or the probation officer, to the Department upon a showing that the child is a recipient of public assistance. Any payments so made shall be deposited by the Department to the general fund of the State. Section 17. Recovery of Support. (a) Whenever a man has been adjudicated by a court of competent jurisdiction as the father of an illegitimate child, he shall be legally liable for the support of said child in the same manner as he would owe the duty of support if such child were his legitimate child. The right of the illegitimate child to receive such support is enforceable in a civil action, notwithstanding any other provisions of law. (b) Whenever any dependent minor child is receiving public assistance, the Department may recover any sum of money

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due such dependent child. The suit shall be brought in the name of the child for the use of the Department. (c) The Department may appear in any judicial proceeding on behalf of the child in order to secure support for the child from his parent(s). Section 18. Provisions not Exclusive. The procedures, actions and remedies provided in this Act shall in no way be exclusive but shall be in addition to and not in substitution of other proceedings provided by law. Section 19. Conformity with Federal Requirements. Nothing in this Act is intended to conflict with any provision of federal law or to result in the loss of federal funds. The Department of Human Resources may adopt regulations necessary to prevent conflict with federal law or the loss of federal funds. Section 20. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 21. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Section 22. Effective Date. This Act shall become effective upon its signing by the Governor or upon its becoming law without his signature. Approved March 28, 1973.

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GEORGIA TERRITORIAL ELECTRIC SERVICE ACT. No. 94 (House Bill No. 2). An Act to provide for the orderly furnishing of retail electric service to the consumers of the State of Georgia on a territorial basis; to provide for a short title; to provide legislative findings and declaration of policy; to define terms; to provide for areas to be assigned or unassigned outside municipal limits; to provide for areas to be assigned by this Act within existing municipal limits; to provide for the status of areas within wholly new municipalities; to provide for assignment or declaration of unassignment of areas hereafter annexed to a municipality; to provide for the purchase or condemnation of certain lines and other facilities of electric suppliers and the procedure therefor; to provide for the status of areas pending Public Service Commission action or until September 1, 1975; to provide exceptions, grandfather rights and the like; to provide for the prohibition of unreasonably discriminatory rates, charges, service rules and regulations, and the prohibition of certain other practices; to provide for the regulation by the Public Service Commission of electric membership corporations and municipalities; to provide for Public Service Commission enforcement powers; to provide certain limitations on the powers of an electric membership corporation to furnish service inside a municipality; to provide a limitation on the power of one electric supplier to condemn properties of another electric supplier; to provide for subjecting electric suppliers to municipal police powers and to provide a limitation on unreasonable withholding or conditioning of municipal franchises or easements; to provide for certain construction of the Act; to provide for severability; to provide an effective date; to repeal other laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known as the Georgia Territorial Electric Service Act.

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Section 2. Legislative Findings and Declaration of Policy. The public interest requires, and it is hereby declared to be the policy of the State of Georgia, that, in order (1) to assure the most efficient, economical and orderly rendition of retail electric service within the State, (2) to inhibit duplication of the lines of electric suppliers, (3) to foster the extension and location of electric supplier lines in the manner most compatible with the preservation and enhancement of the State's physical environment, and (4) to protect and conserve the lines heretofore and hereafter lawfully constructed by electric suppliers, it is necessary and appropriate that the State establish and implement a plan whereby every geographical area within the State shall be either assigned to an electric supplier or declared unassigned as to any electric supplier; that, to accomplish such a plan, it is necessary that all electric suppliers within the State be subject to this Act as provided; that the Public Service Commission be delegated power, authority and jurisdiction with respect to such plan; and that all electric membership corporations and all municipalities which furnish retail electric service be additionally subject to regulation by the Public Service Commission in the same manner as provided for regulation of electric light and power companies, except as to the fixing of their rates, charges and service rules and regulations, it being determined by the General Assembly that such electric membership corporations and municipalities, which by their corporate nature are wholly or substantially controlled by their consumers, should for regulatory purposes be classified differently in certain respects from the electric light and power companies. Section 3. Definitions. The following words, when used in this Act, shall have the following meanings, unless otherwise clearly apparent from the context: (a) Commission means the Georgia Public Service Commission. (b) Electric supplier means any electric light and power company otherwise subject to regulation by the Commission, any electric membership corporation furnishing retail

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service in the State of Georgia, and any municipality which furnishes such service within the State of Georgia. (c) Service means retail electric service and includes temporary or construction service as well as permanent service, but excludes wholesale service and sales for resale. (d) Line means any conductor for the distribution or transmission of electricity other than a conductor operating at a potential of 120,000 volts or more. However, a conductor that initially constitutes a line shall not cease being a line, if after the effective date of this Act, it is operating at a potential in excess of 120,000 volts. (e) Premises means the building, structure or facility to which electricity is being or is to be furnished; provided, that two or more buildings, structures or facilities which are located on one tract or contiguous tracts of land and are utilized by one electric consumer shall together constitute one premises, except that any such building, structure or facility shall not, together with any other building, structure or facility, constitute one premises if the permanent service to it is separately metered and the charges for such service are calculated independently of charges for service to any other building, structure or facility; provided further, that an outdoors security light, or an outdoors sign requiring less than 2200 watts, shall not constitute a premises. (f) Assigned area means an enclosed geographic area assigned to only one electric supplier by the Commission, or by this Act, and inside which the assignee electric supplier shall have the exclusive right to extend and continue furnishing service to new premises, except as otherwise provided in this Act. (g) Unassigned area-A means a geographic area which is not an assigned area and which has not been declared by the Commission or by operation of this Act to be an unassigned area-B, and inside which an electric supplier shall have the exclusive right to extend and continue furnishing service to new premises locating therein if its lines, as such

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lines exist on the effective date of this Act or as thereafter lawfully constructed to serve new premises pursuant to this Act, are closer to a greater portion of the square footage of such premises at grade than the lines, so existing or thereafter so lawfully constructed, of any other electric supplier; provided, that if the lines of two or more electric suppliers are equidistant from such new premises, the consumer utilizing such premises may choose which of such electric suppliers shall extend and furnish the service. (h) Unassigned area-B means a geographic area which has not been assigned and which has been declared by the Commission to be or by operation of this Act becomes an unassigned area-B, and inside which an electric supplier shall have the right to extend and thereafter continue furnishing service to new premises locating therein if chosen by the consumer utilizing such premises, except that an electric supplier whose line, as it exists on the effective date of this Act or as thereafter lawfully constructed to serve new premises pursuant to this Act, is at least partially within 500 feet of such new premises shall have the exclusive right to extend and continue furnishing service to such premises if the line of every other electric supplier, so existing or so thereafter constructed, is at that time wholly more than 500 feet from such premises. (i) Municipality means (1) any geographically defined political subdivision of the State of Georgia, other than a county, performing or authorized to perform multiple and substantial municipal functions, specifically including either the function of furnishing retail electric service or the function of granting to electric suppliers street franchise rights for use in furnishing retail electric service, (2) any geographically defined political subdivision, or agency thereof, of the State of Georgia if at any relevant time it lawfully furnishes retail electric service, and (3) any political subdivision of any other State which furnishes retail electric service within the State of Georgia. (j) Wholly new municipality means a municipality initially coming into existence after the effective date of this Act but not one resulting from the reincorporation of all

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or any portion of an area theretofore contained in a previously existing municipality or from the merger, consolidation or any other combination of two or more political subdivisions which are counties or incorporated villages, towns or cities. (k) Primary supplier within a municipality in existence on the effective date of this Act means, as the context of this Act requires, either (1) that electric supplier which, on the effective date of this Act, is furnishing service to the majority or plurality, whichever be the case, of the retail electric meters then inside the corporate limits of the municipality or (2) that electric supplier to which the Commission has reassigned an area, previously assigned to another electric supplier, located within such municipality as its limits existed on the effective date of this Act. (l) Secondary supplier within a municipality in existence on the effective date of this Act means any electric supplier which then owns lines within such municipality and which is not a primary supplier. (m) Owns or belongs or the like means, wherever used in reference to lines, any proprietary or possessory interest of the electric supplier using lines. Section 4. Areas to be Assigned or Unassigned Outside Municipal Limits. From and after the effective date of this Act and continuing thereafter as rapidly as it is administratively practicable to do so, the Commission is authorized and directed to assign to electric suppliers, or to declare as unassigned areas-B, all geographic areas in the State of Georgia that were, on the effective date of this Act, located outside the corporate limits of any municipality. Such assignments and declarations of unassignment shall be effected by the Commission in accordance with the following standards: (a) Assigned areas shall be described by defined boundaries on maps to be filed with the Commission and incorporated by it in its orders. Where deemed necessary or appropriate, the Commission may require boundaries to be additionally described by written metes and bounds.

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(b) Each area assigned shall be assigned to only one electric supplier, as determined by public convenience and necessity, having primary regard for the location of electric suppliers' lines but having no regard for differences in electric suppliers' retail rates or for the fact that retail consumers are not then being served from such lines. (c) Each area assigned shall be so assigned that its boundaries enclose land spaces in which the assignee electric supplier owns all or a preponderance of the lines, but an area may be so assigned or declared or left unassigned even though it is completely surrounded by the inner boundaries of another area assigned to an electric supplier. Boundaries will be located around the perimeter of such land spaces so as to be approximately 1,000 feet from the nearest of the assignee electric supplier's lines so enclosed, except that if the lines of two or more electric suppliers are closer together than 2,000 feet the boundary shall be located approximately halfway between them, and except that, where compelling factors of public convenience and necessity so require, including the need for using natural and manmade landmarks for boundary references, the location of a boundary may vary somewhat more or somewhat less than such 1,000-foot or halfway distance; provided, that such 1,000-foot or halfway distance standards shall not apply to any lines of the assignee electric supplier which extended from inside the assigned area outside such area or to any lines of any other electric supplier which extend from outside the area inside or completely across such area (and which do not otherwise occasion assignment or unassignment of land space), the rights and restrictions applying to such other electric supplier's lines inside such area being as provided for in subsection (d) of this Section. (d) A line of an electric supplier which extends into or completely crosses a land space in which another electric supplier owns a preponderance of the lines may nevertheless be considered as the basis for assigning, or declaring or leaving unassigned, land space related thereto; but unless such line so occasions an assignment or an unassignment, then, from and after the date of the assignment to an electric supplier of the area within which such line is enclosed, and

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based upon the location of both suppliers' lines on that date, the electric supplier owning such enclosed line shall have the exclusive right to extend and continue furnishing service to all new premises locating at least partially within 500 feet of such line and wholly more than 500 feet from the assignee electric supplier's lines and shall have the right, if chosen by the consumer utilizing such premises to extend and continue furnishing service to new premises locating at least partially within 500 feet of both electric suppliers' lines, but shall not otherwise have the right, unless so agreed by the assignee electric supplier and the consumer utilizing such premises, to extend and furnish service to any other premises locating inside such assigned area. (e) Except where public convenience and necessity require their assignment, the Commission shall declare as unassigned areas-B those land spaces which are not assigned to an electric supplier pursuant to the other provisions of this Act. (f) Not inconsistent with subsection (d) of section 9 of this Act, any electric supplier may apply to the Commission for assignment to it of one or more areas or for the Commission to declare one or more areas to be unassigned areas-B. Section 5. Areas Assigned by this Act within Existing Municipal Limits. All areas inside the corporate limits of every municipality, as such limits exist on the effective date of this Act, are hereby assigned to the primary supplier, subject to the rights and restrictions applying to electric suppliers owning lines therein, as follows: Based upon the location of all electric suppliers' lines therein on the effective date of this Act, every secondary supplier shall have the exclusive right to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of its line and wholly more than 300 feet from the lines of every other electric supplier; and shall have the right, if chosen by the consumer utilizing such premises, to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of both its lines and the lines of any other electric supplier; but shall not otherwise

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have the right, unless so agreed by the assignee electric supplier (and by any other secondary supplier whose lines are located at least partially within 300 feet thereof) and the consumer utilizing such premises, to extend and continue furnishing service to any other premises locating therein, which shall be the exclusive right of the assignee electric supplier (or such other secondary supplier, if such be the case). Section 6. Areas Hereafter Initially Included Within Wholly New Municipalities. As to areas which, after the effective date of this Act, are included within the initial limits of a wholly new municipality, the rights and restrictions applying to electric suppliers shall be as follows: (a) Any portion of such area then already assigned to an electric supplier shall continue to be so assigned until and unless reassigned by the Commission to another electric supplier pursuant to Section 9(d) (1) of this Act; and (b) Any portion of such area which is then unassigned shall continue to be so unassigned until and unless it is assigned by the Commission, taking into account the recommendation, if any, of the municipality itself, to an electric supplier pursuant to section 9(d) (2) of this Act. Section 7. Assignment or Declaration of Unassignment of Areas Hereafter Annexed to a Municipality. Whenever, after the effective date of this Act, any area is annexed to a municipality (including inclusion of an area that may be caused by the merger, consolidation or any other combination of a then existing municipality and one or more other geographically defined political subdivisions, if the resulting political subdivision constitutes a municipality as in this Act defined), such area shall be assigned or assignable, or become unassigned, and the rights and restrictions applying to electric suppliers therein shall be, as follows: (a) In so much of such area, if any, as was immediately theretofore within the limits of a municipality as they existed on the effective date of this Act or as they existed on the date on which a wholly new municipality came into

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existence, and if such annexation is caused by the merger, consolidation or any other combination of such previously existing municipality and one or more other geographically defined political subdivisions, resulting in a political subdivision which constitutes a municipality as in this Act defined, the rights and restrictions applying to all electric suppliers therein shall continue to be governed by section 5 or 6 of this Act, whichever is applicable. (b) As to such areas other than those provided for in subsection (a) hereof, (1) so much of such area, if any, as was already assigned to a primary supplier within a municipality which was in existence on the effective date of this Act shall continue to be so assigned; provided, that, if such annexation is caused by the merger, consolidation or any other combination of two or more such municipalities having different primary suppliers, such assignments shall continue in favor of such primary suppliers respectively; or (2) if the annexation is to a wholly new municipality, then so much of such area, if any, as was already assigned to an electric supplier then serving as an assignee electric supplier within such municipality shall continue to be so assigned; (3) if such annexation includes one or more wholly new municipalities or one or more municipalities which were in existence on the effective date of this Act, then so much of such area, if any, as was then contiguous to a wholly new municipality and was already assigned to an assignee electric supplier within such wholly new municipality, or which was contiguous to a municipality which was in existence on the effective date of this Act and was already assigned to the primary supplier within such municipality, shall continue to be so assigned; (4) as to such areas which are annexed by other than merger, consolidation or other combination of a previously existing municipality and one or more other geographically defined political subdivisions so as to result in a political

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subdivision which constitutes a municipality as in this Act defined, but are not provided for in subsection (a) or subparagraphs (1), (2) and (3) of this subsection, so much of such area, if any, as was already assigned to any electric supplier shall continue to be so assigned. In the event the primary supplier shall have delivered written notice of, not less than 45 nor more than 90 days prior to the effective date of, such annexation upon every other electric supplier owning lines within the county or counties in which the annexing municipality is located (or, though not in the same county, within one mile of any portion of such area), such portions of such area as shall not have been already assigned to any other electric supplier shall be operation of this Act become assigned to the primary supplier unless, on or before the effective date of such annexation, there shall have been filed with the Commission one or more applications by one or more other electric suppliers for the assignment of any portion of such area, in which event, until there is a final determination with respect to such application or applications, the service rights and restrictions applying to electric suppliers in so much of such area as is the subject matter of the application or applications shall continue as they were immediately prior to the effective date of annexation. In such a proceeding the Commission, acting in accordance with the provisions of Section 4 of this Act, may make assignments of all or any portion of such area to one or more applicant electric suppliers. Any portion of such area not so assigned to any other electric supplier shall, effective as of the final determination of said application or applications, be assigned by operation of this Act to the primary supplier; provided, that if the Commission finds and determines upon complaint that such assignment to the primary supplier of any such portion thereof will be grossly inimicable to the public interest, it shall designate such portion as an unassigned area-B. In any area assigned by operation of this Act pursuant to this subparagraph, every secondary supplier shall have, based upon the location of all secondary suppliers' lines therein on the effective date of the annexation, the exclusive right to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of its line and wholly more than 300 feet from the lines of every other electric supplier; and shall have the right, if

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chosen by the consumer utilizing such premises, to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of both its lines and the lines of any other electric supplier; but shall not otherwise have the right, unless so agreed by the assignee electric supplier (and by any other secondary supplier whose lines are located at least partially within 300 feet thereof) and the consumer utilizing such premises, to extend and continue furnishing service to any other premises locating therein, which shall be the exclusive right of the assignee electric supplier (or such other secondary supplier, if such be the case); or (5) if such area was already an unassigned area-A or unassigned area-B and was annexed by merger, consolidation or other combination of a previously existing municipality and one or more other geographically defined political subdivisions so as to result in a political subdivision which constitutes a municipality as in this Act defined, or if such an unassigned area-A or unassigned area-B was otherwise annexed but the notice of annexation required by subparagraph (4) of this subsection was not given, such area shall, on the effective date of the annexation, become or continue to be, as the case may be, an unassigned area-B until and unless the Commission assigns all or any portion thereof to an electric supplier pursuant to section 9(d) (2) of this Act. Section 8. Status of Areas Pending Commission Action or Until September 1, 1975. Except as their status may otherwise be determined or determinable as provided for in Sections 6 and 7 of this Act, from and after the effective date of this Act and continuing until the Commission shall assign an area or declare it to be an unassigned area-B, or until September 1, 1975, whichever earliest occurs, every area outside the limits of municipalities, as such limits exist on the effective date of this Act, shall be an unassigned area-A; and from and after September 1, 1975, every such area not theretofore assigned or declared by the Commission to be an unassigned area-B, shall by operation of this Act become an unassigned area-B. Any area within one and one half (1) miles of the corporate limits of a municipality as they existed

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on the effective date of this Act which is the subject matter of an application for assignment or declaration of unassignment filed prior to September 1, 1975 shall, by operation of this Act and upon notice by the applicant electric supplier to the Commission and to all other electric suppliers owning lines within the county, become an unassigned area-B on the one-hundred fifty first (151st) day following the filing of the application unless the Commission shall have theretofore assigned or declared unassigned the area or unless it shall have otherwise become an unassigned area-B by the passage of September 1, 1975; provided, however, that such notice must be given not later than the one-hundred thirty fifth (135th) day following the filing of the application and provided further that no lines of the applicant electric supplier giving notice constructed after the one hundred fifty first (151st) day following the filing of such application shall be considered by the Commission in assigning or declaring unassigned any portion of the area. Section 9. Exceptions; Grandfather Rights; Etc. (a) Notwithstanding any other provision of this Act, but subject to the provisions of subsections (b) and (c) hereof, from and after the effective date of this Act, service to one or more new premises (but if more than one, such premises to be located on the same tract or on contiguous tracts of land), if utilized by one consumer and having single-metered service and a connected load which, at the time of initial full operation of the premises, is 900 kilowatts or greater (excluding redundant equipment), may be extended and furnished, if chosen by the consumer, (1) by the primary electric supplier within a municipality if the premises are located anywhere within the limits of such municipality as they existed on the effective date of this Act, (2) by a secondary supplier within the limits of a municipality as they existed on the effective date of this Act if the premises are located at least partially within 300 feet of the lines of such secondary supplier; (3) by any electric supplier if the premises are located within the initial corporate limits of a wholly new municipality; (4) by any electric supplier owning lines in a municipality if the premises are located in an area annexed in any manner to such municipality after the effective date

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of this Act; and (5) by any electric supplier if the premises are located outside the limits of a municipality. (b) Notwithstanding any other provision of this Act, but subject to the provisions of subsections (c) and (h) hereof, every electric supplier shall have the exclusive right to continue serving any premises lawfully served by it on the effective date of this Act or thereafter lawfully served by it pursuant to the provisions of this Act, including any premises last and previously served by it which heretofore or hereafter shall have become disconnected from service for any reason, and including premises which heretofore or hereafter shall have been destroyed or dismantled and which hereafter are reconstructed in substantial kind on approximately the same site. (c) Notwithstanding any other provision of this Act, (1) upon its own complaint or the complaint of any other electric supplier or any other interested party, the Commission shall have the authority and jurisdiction, after notice to all affected electric suppliers and after hearing, if a hearing is requested by any affected electric supplier or any other interested party, to find and determine that the service of an electric supplier then serving a premises or under this Act exclusively entitled to serve such premises is not adequate or dependable or that such electric supplier's rates, charges, service rules and regulations, or the application thereof, unreasonably discriminate in favor of or against the consumer utilizing such premises, or that an electric supplier is in violation of subsection (b) of Section 10 of this Act; and upon such determination to order such electric supplier within a reasonable time to make such improvements as will make its service adequate and dependable, or to order such electric supplier within not less than 30 days to cease employing such discriminatory rates, charges, service rules and regulations, or the application thereof, or the practices prohibited by subsection (b) of section 10 of this Act, and to substitute in lieu thereof, subject to approval of the Commission, rates, charges, service rules and regulations, and the application thereof, which are not unreasonably discriminatory or practices in conformity with subsection (b) of section 10 of this Act; provided, that, if the Commission finds and determines

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in its first consideration of the matter that such electric supplier is unwilling or unable within a reasonable time to make its service adequate and dependable, or is unwilling within 30 days to cease and correct such unreasonable discrimination or practices, or if it finds in a subsequent consideration of the matter that its order to improve service, or its order to cease and correct the unreasonable discrimination or its order to cease and correct such practices has not been timely and in good faith complied with, it may in any of which events then order such electric supplier to cease or desist from serving such premises and order any other electric supplier which may reasonably do so to extend and furnish service to such premises; and (2) upon the joint application of the affected electric suppliers, the Commission shall have the authority and jurisdiction, after notice to all affected persons and after hearing, if a hearing is requested, to find and determine that the public convenience and necessity requires, and thereupon to approve, the transfer of service from one electric supplier to another electric supplier. (d) Notwithstanding any other provision of this Act, but subject to the provisions of subsection (b) hereof, the Commission may, (1) if it determines that an assignee electric supplier has breached the tenets of public convenience and necessity therein, reassign all or any portion of an area assigned to that assignee electric supplier to another electric supplier, and (2) if it determines that public convenience and necessity so require, assign to any electric supplier all or any portion of an area which theretofore has been an unassigned area-A or an unassigned area-B. (e) Notwithstanding any other provision of this Act, (1) no portion of a line constructed after the effective date of this Act by an electric supplier inside another electric supplier's assigned area, inside an unassigned area-A, or inside a municipality to serve premises which, but for the exception provided for in subsection (a) hereof, it would not have had the right to serve shall acquire any other service rights therein or impair or diminish any service rights of an assignee electric supplier or the service rights accruing to the lines of any electric supplier inside any assigned area,

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unassigned area-A or municipality; provided, that such electric supplier may extend and furnish service from such line to any other premises which it otherwise has the right to serve; (2) no portion of a line constructed after the effective date of this Act by an electric supplier inside an unassigned area-B to serve premises which, but for the exception provided for in subsection (a) hereof, it would not have had the right to serve shall impair or diminish any service rights accruing to the lines of any other electric supplier inside such unassigned area-B; provided, that such electric supplier may extend and furnish service from such line to any other premises which it otherwise has the right to serve; (3) no portion of a line constructed after the effective date of this Act by an electric supplier for the initial sole purpose of furnishing service at wholesale shall acquire any other service rights, or impair or diminish the service rights of any assignee electric supplier or the service rights accruing to the lines of any electric supplier; provided, that such electric supplier may extend and furnish service from such line to any other premises which it otherwise has the right to serve; (4) no electric supplier shall, after the effective date of this Act, construct its lines to serve new premises except in accordance with sound electric utility standards. The Commission is authorized and directed, if after hearing of the affected electric suppliers and any other interested party, it determines that an electric supplier is about to violate, is violating, or has violated the foregoing standard so as arbitrarily to pre-empt areas or arbitrarily to gain service rights for such a line, (A) to order the offending electric supplier to cease and desist such construction or to alter and relocate the same, or (B) to declare that such line or any offending portion thereof shall not be taken into account in assigning an area or in locating an assigned area boundary or shall not acquire any service rights that would otherwise accrue thereto or impair or diminish any service rights accruing to the lines of any other electric supplier; and

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(5) any electric supplier may extend and furnish service to any of its own premises devoted to public service, whether the same shall have already been served by another electric supplier, but no line constructed for such purpose after the effective date of this Act shall acquire any other service right or impair or diminish the service rights of any assignee electric supplier or the service rights accruing to the lines of any electric supplier; provided, such electric supplier may extend and furnish service from such line to other premises which it otherwise has the right to serve. (6) No line of a secondary supplier constructed prior to the effective date of this Act, which on the effective date of this Act is not providing retail service to one or more premises within the limits of the municipality as they exist on such date, shall acquire any service rights to provide retail service to any premises located within such municipal limits as they exist on the effective date of this Act. (f) The time that an electric supplier, based upon the location or proximity of electric suppliers' lines as in this Act provided for, shall have the right to extend and furnish, or be restricted from extending and furnishing, service to new premises shall be the time that written application for temporary construction or permanent service is made to any electric supplier by the consumer utilizing such premises or the time that construction of such premises is commenced, whichever first occurs. The location of a premises for temporary construction service shall be deemed to be the same as the location of the premises which shall require permanent service after construction. If temporary construction service is required at one site for the purpose of beginning the construction of premises at two or more sites, this subsection shall not preclude an electric supplier, if chosen by the builder and having the right to serve at least one of the premises to be constructed, from furnishing all of such temporary construction service notwithstanding that one or more other electric suppliers may have and exercise the exclusive right thereafter to extend and furnish the permanent service to one or more of the premises being constructed.

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(g) Whenever, after the effective date of this Act, any new premises requiring service are so sited as to be located partially within an assigned area, an unassigned area-A or an unassigned area-B and also partially within any other assigned area, unassigned area-A or unassigned area-B, such premises may be served by that electric supplier chosen by the consumer utilizing such premises from among the electric suppliers which are eligible under this Act to extend and furnish such service within any of such areas. (h) Notwithstanding any other provision of this Act, if a majority of those voters of a municipality not rendering service on the effective date of this Act voting in a referendum on such question approve the purchase, construction, extension, operation and maintenance of an electric distribution system, such municipality is hereby granted the right of eminent domain to condemn all of the lines and other facilities of the primary supplier within such municipality and any secondary supplier located within the corporate limits of such municipality and used to serve customers therein at retail. This right shall expire, with respect to each such municipality, one year from the date the results of such referendum are declared unless such municipality has sooner instituted proceedings to acquire such lines and other facilities under any of the statutory methods now or hereafter provided for the condemnation of private property. Upon a final order of condemnation of such lines and other facilities, such municipality shall become the primary supplier therein and the rights of the former primary supplier and any such secondary suppliers under section 9(b) shall cease and the consumers served thereby within such corporate limits shall be thereafter served by the municipality as the new primary supplier and the transfer of service shall be accomplished as nearly as practicable without interruption of service to the consumers. Electric suppliers are authorized to negotiate the sale and purchase of all or any part of any such lines and other facilities, and upon the transfer of title thereto the rights of the selling supplier under Section 9(b) shall cease.

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Section 10. Electric Suppliers Prohibited from Having or Applying Unreasonably Discriminatory Rates, Charges, Service Rules and Regulations and Prohibited from Engaging in Certain Other Practices. (a) Every electric supplier is hereby prohibited from having or from applying any rate, charge, service rule or regulation which unreasonably discriminates against or in favor of (1) any of its consumers in one class of consumers as opposed to any other of its consumers who are or should be in the same class of consumers for such purposes, or (2) any class of its consumers as opposed to consumers in another class of consumers for such purposes; provided, that this prohibition shall not apply to any rate, charge, service rule or regulation relating solely to service rendered by a municipality to consumers whose premises are located within its limits as they exist on the effective date of this Act. (b) Notwithstanding any other provision of law, every electric supplier is hereby prohibited from, directly or indirectly, by ordinance, law, policy, contract, rate, regulation or otherwise, (1) requiring that a consumer receive retail electric service from such electric supplier as a condition for such consumer to receive from such electric supplier or any other person any goods or other services that are not reasonably related to the furnishing of retail electric service to such consumer's premises, (2) offering a consumer lesser charges or more favorable terms or conditions for retail electric service because of such consumer's receiving or agreeing to receive from such electric supplier any goods or other services that are not reasonably related to the furnishing of retail electric service to such consumer's premises, (3) imposing higher charges for any goods or other services that are not reasonably related to the furnishing of retail electric service to a consumer's premises because of such consumer's failure or refusal to receive retail electric service from that supplier, or (4) furnishing retail electric service to any premises which such electric supplier is not entitled to serve under the provisions of this Act. Section 11. Electric Membership Corporation and Municipalities Subject to Regulation by the Commission. All electric membership corporations furnishing service in the State

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of Georgia and all municipalities, whether incorporated by the State of Georgia or not, which furnish service inside the State, from and after the effective date of this Act shall, in addition to the manner and extent otherwise provided for in this Act, be subject to the authority and jurisdiction of the Commission in the same manner as electric light and power companies are so subject under other laws of the State of Georgia and regulations of the Commission pursuant thereto, except that their rates, charges, service rules and regulations shall be filed with the Commission and shall be subject to the provisions of section 10 of this Act but shall not otherwise be fixed by the Commission and except that securities issued by a municipality relating solely to service rendered inside its limits as they exist on the effective date of this Act shall not be subject to regulation by the Commission; provided, that service rendered by any electric supplier shall be made pursuant to and consistent with its rates, charges, service rules and regulations then in effect. Section 12. Commission Enforcement Powers. At any time, upon its own complaint or the complaint of any other electric supplier or any other interested party, the Commission shall have the authority and jurisdiction, after notice to all affected electric suppliers and other interested parties, and after hearing, to enforce the provisions of this Act by appropriate orders. Section 13. Limitation on Power of an Electric Membership Corporation to Furnish Service Inside a Municipality. Notwithstanding any other provision of law, no electric membership corporation shall be authorized or empowered to furnish service inside the corporate limits of any municipality except (1) if it is already furnishing service therein on the effective date of this Act or if its lines become annexed (including annexation that may be caused by the merger, consolidation or any other combination of a then existing municipality and one or more other geographically defined political subdivisions, if the resulting political subdivision constitutes a municipality as in this Act defined), or if its lines become included in a wholly new municipality, in any of which events the provisions contained in the other relevant Sections of this Act shall apply and prevail; or (2)

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to extend and furnish service initially inside a municipality the population of which at the time of such initial service is 1,500 or less, but not inconsistently with the provisions contained in the other Sections of this Act; or (3) notwithstanding (1) and (2) foregoing, if the municipality and all electric suppliers then furnishing service inside such municipality or furnishing electric service to the municipality at wholesale so consent. Section 14. Limitation on the Power of One Electric Supplier to Condemn Properties of Another Electric Supplier. Notwithstanding any other provision of law, after the effective date of this Act, no electric supplier shall be authorized or empowered to exercise the power of eminent domain for the purpose of acquiring any property, real or personal, of another electric supplier which is devoted to the public use in furnishing wholesale or retail electric service so as to destroy or unduly impair or interfere with the operation or use of such property by such other electric supplier. Section 15. Electric Suppliers Subject to Municipal Police Powers; Limitation on Municipal Withholding or Conditioning Franchises or Easements. (a) No provisions of this Act shall restrict the reasonable exercise of the police power of a municipality over the erection and maintenance of poles, wires and other facilities of electric suppliers in streets, alleys, and public ways. (b) No municipality may, by unreasonably withholding or conditioning right-of-way easements or franchises, defeat or impair or interfere with the rights and restrictions applying to electric suppliers therein as provided for in this Act; but any secondary supplier within a municipality existing on the effective date of this Act and any electric supplier other than the primary supplier within any area thereafter annexed to such municipality shall pay the municipality for street franchise rights a sum of money calculated and payable in the same manner and on the same basis as is utilized with respect to the payment, if any, by the primary supplier (other than the municipality itself) for the same or substantially identical rights; and any electric supplier within a wholly new municipality at the time such municipality

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comes into existence or thereafter which does not serve a majority or plurality of the retail electric meters inside the limits of such municipality shall pay such municipality for street franchise rights a sum of money calculated and payable in the same manner and on the same basis as is utilized with respect to the payment, if any, by the electric supplier (other than the municipality itself) which serves a majority or plurality, whichever be the case, of the retail electric meters inside the limits of such municipality for the same or substantially identical rights. (c) No provision of this Act shall abolish the power of any incorporated municipality pursuant to the provisions of section 2(e) of an Act approved February 27, 1962 (Ga. L. 1962, p. 142), or any other provisions of law, to grant street franchises nor shall abolish the requirement, to the extent existing on the effective date of this Act, that any electric supplier must obtain such a franchise in order to use and occupy streets of an incorporated municipality for the purpose of rendering utility services. Section 15-A. No provision of this Act, or application thereof, shall be construed in any way to regulate or fix charges of county-owned or operated or municipality-owned or operated public utilities, as prohibited by Article IV, Section I, Paragraph I of the Constitution of the State of Georgia. Section 16. Severability. 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 the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Section 17. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 18. Repeal of Other Laws. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973.

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ELECTIONSPRESIDENTIAL PREFERENCE PRIMARY LAW. Code Chapter 34-10A Enacted. No. 97 (House Bill No. 89). An Act to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to provide for a presidential preference primary; to provide certain procedures relative to the selection of delegates and alternates to national nominating conventions of political parties and bodies; to provide the procedures relative to the way certain delegates and alternates shall vote at such conventions; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 34 of the Code of Georgia, relating to elections, as amended, is hereby amended by inserting between Code Chapters 34-10 and 34-11 a new Chapter, to be designated as Code Chapter 34-10A, to read as follows: CHAPTER 34-10A. PRESIDENTIAL PREFERENCE PRIMARY. 34-1001A. This Chapter shall be known and may be cited as the `Georgia Presidential Preference Primary Law'. 34-1002A. Each political party and body which had cast for its candidate for President and Vice President in the last presidential election more than 20% of the total vote cast for President and Vice President in the State shall elect on the third Tuesday in March in 1976, and on the third Tuesday in March every four (4) years thereafter, one person to be the candidate for nomination by his party or body for the office of President of the United States. Code Chapter 34-10A enacted. 34-1003A. The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary:

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(a) Upon the direction of a presidential candidate selection committee composed of a nonvoting chairman who shall be the Secretary of State, the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Section 34-1002A. The Secretary of State, during the second week in January of the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this State. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the third week in January of the year a presidential preference primary is held. The selection committee shall meet in Atlanta during the fourth week in January of the year in which a presidential preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than February 1 of the year a presidential preference primary is held. Not later than February 5 of each year a presidential preference primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered mail with return receipt requested. (b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to February 10 of each year a presidential preference primary is held, that his name

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be placed on the ballot. Not earlier than February 10, nor later than February 15, the Secretary of State shall convene the committee to consider such requests. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five (5) days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not his name will appear on the ballot. 34-1004A. A candidate's name shall be printed on the appropriate primary ballot unless he submits to the Secretary of State by noon, February 20 in each year a presidential preference primary is held, an affidavit stating without qualification that he is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his political party or body. If a candidate withdraws pursuant to this Section, the Secretary of State shall notify the State Executive Committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot. 34-1005A. The State Executive Committee of each political party or body, by rule, at least ninety (90) days prior to the presidential preference primary, shall establish procedures to be followed in the selection of delegates and delegate alternates to the nominating convention of the political party or body. 34-1006A. Any person selected as a delegate or delegate alternate to such national convention shall file a qualification oath with the Secretary of State pledging support at the convention to the candidate of their political party or body for the office of President of the United States for whom they are selected to support. The oath shall state that the delegate or delegate alternate affirms to support such candidate until the candidate is either nominated by such convention, or receives less than thirty-five percent (35%) of the votes for nomination by such convention during any balloting, or until the candidate releases the delegates from such

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pledge. No delegate shall be required to vote for such candidate after two (2) convention nominating ballots have been completed. 34-1007A. Any delegate to a national convention whose presidential candidate withdraws after being entitled to delegate votes pursuant to this Chapter shall be an unpledged delegate to the national convention. 34-1008A. The State Executive Committee of each political party or body shall determine when persons interested in becoming a delegate or delegate alternate must file their qualification oath. 34-1009A. The State Executive Committee of each political party or body shall determine the method and procedures by which delegates and delegate alternates to the national nominating conventions are selected as well as adopt any other rule not inconsistent with this Chapter. A copy of any rule or regulation adopted by the Executive Committee shall be sent to the Secretary of State within seven (7) days after its adoption to become a public record. 34-1010A. The State Executive Committee of each political party or body, by rule adopted at least ninety (90) days prior to the presidential preference primary, shall determine the number of delegates and delegate alternates that may be elected from the State-at-large and from each congressional district. At least sixty-six and two-thirds percent (66[frac23]%) of all delegates shall be elected on a congressional district basis, with each congressional district having proportionately the same number of delegates as shall be mathematically possible. The remainder of the delegates shall be elected from the State-at-large. The presidential candidate receiving the highest number of votes in any congressional district shall receive all delegate votes from such congressional district. The presidential candidate receiving the highest number of Statewide votes shall receive all Statewide delegate votes.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973. COMPILER'S NOTE: The original bill does not contain a Section 2. METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION ACT AMENDEDREDISTRICTING PROVIDED. (1,000,000 or more). No. 98 (House Bill No. 326). 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 according to the United States Decennial Census of 1970, or any future such census, approved March 3, 1971 (Ga. L. 1971, p. 17), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 501), and an Act approved March 27, 1972 (Ga. L. 1972, p. 502), so as to provide for the redistricting of an Area and the election of members at large when an area, county or municipality is added to or removed from the jurisdiction of an existing Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating 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 such census, approved March 3, 1971 (Ga. L. 1971, p. 17), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 501), and an Act approved March 27, 1972 (Ga. L. 1972, p. 502), is hereby amended

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by adding to section 5 a new subsection, to be designated subsection (g), to read as follows: (g) Within 90 days after any area, county or municipality is added to or removed from the jurisdiction of an existing Commission under the provisions of Section 1 (a) or Section 5 (e) of this Act, the resulting area shall be redistricted and members at large shall be elected in accordance with the provisions of subsection (e) of this section relative to redistricting after a United States Decennial Census. Redistricting. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973. MEDICAL PRACTITIONERSCERTAIN ALIEN LICENTIATES EXEMPT FROM EXAMINATION. Code 84-907.6 Enacted. No. 119 (House Bill No. 650). An Act to amend Code Chapter 84-9, relating to the licensing of medical practitioners, as amended, so as to provide for the granting of a license without examination to certain alien licentiates of boards of other states; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-9, relating to the licensing of medical practitioners, as amended, is hereby amended by adding following Code section 84-907.5 a new Code Section, to be numbered 84-907.6, to read as follows:

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84-907.6. The Board of Medical Examiners may grant a license without examination to an alien licentiate of a board of another state which requires equal or higher qualifications for licenses, upon the same basis as such state reciprocates with the State of Georgia, if such an applicant for a license has resided within the United States for at least one year and has filed a notice of intention to become a citizen of the United States. The Board shall review the cases of all such licentiates at the end of seven years, and the Board shall be authorized to revoke the license of any such person who shall have failed to become a citizen of the United States at the end of such period of time. Code 84-907.6 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. Approved March 29, 1973. REVENUECURRENT INCOME TAX PAYMENT ACT OF 1960 AMENDEDQUARTERLY RETURN DATE CHANGED. No. 120 (House Bill No. 693). 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 by an Act approved February 23, 1972 (Ga. L. 1972, p. 6) so as to change the date for making quarterly returns; 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 Current Income Tax Payment Act of 1960, approved February 28, 1960 (Ga. L.

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1960, p. 7), as amended, particularly by an Act approved February 23, 1972 (Ga. L. 1972, p. 6), is hereby amended by striking from the second sentence of subsection (a) of section 5, the following: 20th and insert in lieu thereof the following: Last so that when so 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 each calendar quarter, or the amount withheld from employees' wages during each calendar quarter under the authority of this Act. Such quarterly return and the payment of the tax required shall be due not later than the last 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) or until the fourth calendar quarter 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. Returns. Section 2. Said code chapter is further amended by adding at the end of the first paragraph of subsection (c) the following:

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Except that payments due, under the above provisions, on April 20th, July 20th, October 20th and January 20th of each calendar year shall be due on the last day of said months so that when so amended subsection (c) shall 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 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 day 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, except that payments due under the above provision on April 20th, July 20th, October 20th and January 20th shall be due on the last day of such month. For purposes of this subsection, the calendar month is divided into two periods: from the first through the 15th calendar day, and from the 16th calendar day through the last day of the month. Section 3. This Act shall become effective April 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973. RURAL TELEPHONE COOPERATIVE ACT AMENDEDAUTHORITY TO EXERCISE CERTAIN POWERS IN CERTAIN CITIES GRANTED (14,310 - 15,140). No. 122 (House Bill No. 1039). An Act to amend an Act providing for rural telephone cooperative corporations and providing for rural telephone

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service, known as the Rural Telephone Cooperative Act, approved February 15, 1950 (Ga. L. 1950, p. 192), as amended, particularly by an Act approved February 18, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 112), so as to provide that rural telephone cooperative corporations may exercise certain powers within certain cities of this State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for rural telephone cooperative corporations and providing for rural telephone service, known as the Rural Telephone Cooperative Act, approved February 15, 1950 (Ga. L. 1950, p. 192), as amended, particularly by an Act approved February 18, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 112), is hereby amended by adding to subsection (e) of section 4, following the words having a population in excess of 1,500 inhabitants according to the last preceding Federal census, the following: except that in cities having a population of not less than 14,310 and not more than 15,140 according to the United States Decennial Census of 1970 or any future such census a commercial office building and warehouse may be constructed, improved, expanded, maintained, operated, leased and owned, so that when so amended, subsection (e) of Section 4 shall read as follows: (e) To construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone lines, facilities or systems, lands, buildings, structures, plants and equipment, exchanges, and any other real or personal property; tangible or intangible, which shall be deemed necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized; provided, that no

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cooperative shall construct, purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand, install, equip, maintain, or operate any telephone lines, facilities or system, lands, buildings, structures, plants and equipment, exchanges, or any other real or personal property, tangible or intangible, within (1) the boundaries of any incorporated or unincorporated city, town, village, or borough within this State having a population in excess of 1,500 inhabitants according to the last preceding Federal census except that in cities having a population of not less than 14,310 and not more than 15,140 according to the United States Decennial Census of 1970 or any future such census a commercial office building and warehouse may be constructed, improved, expanded, maintained, operated, leased and owned, and (2) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest with any such city, town, village or borough; provided, however, that the provisions of section 4 and any other provisions of this Act shall not in any way deter or prevent cooperatives from furnishing, improving, expanding or purchasing existing telephone lines, facilities or systems, land, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, from existing telephone companies desiring to sell in cities having populations of not more than 2,100 and not less than 2,075, according to the last or any future Federal census;. 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 29, 1973.

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RESOLUTION AMENDEDLEASE OF PROPERTY TO DICKIE STARNES MEMORIAL, INC. AUTHORIZED. No. 7 (Senate Resolution No. 109). A Resolution. Amending a Resolution authorizing the lease of a certain tract of State-owned property, approved April 7, 1972 (Ga. L. 1972, p. 1325), so as to change the provisions relative to such lease; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution authorizing the lease of a certain tract of State-owned property, approved April 7, 1972 (Ga. L. 1972, p. 1325), is hereby amended by striking from the last paragraph of said Resolution the words, Star House and inserting in lieu thereof the following: Dickie Starnes Memorial, Inc., so that when so amended said last paragraph shall read as follows: Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized and directed to lease for a term of 35 years the hereinabove described property to Dickie Starnes Memorial, Inc., for and in consideration of the fair market value to be mutually agreed upon between the State Properties Control Commission and the lessee. Section 2. All laws and parts of laws in conflict with this Resolution are hereby repealed. Approved March 29, 1973. WORKMEN'S COMPENSATION ACT AMENDED. Code Title 114 Amended. No. 131 (Senate Bill No. 267). An Act to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to redefine injury and

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personal injury; to change the provisions relative to coverage of employers and employees; to change the compensation provisions relative to total incapacity; to change the computation and limits of compensation relative to partial incapacity; to change the provisions relative to compensation for injuries to extend the healing period; to change the provisions relative to the method of computing payments to dependents of a deceased employee; to provide for the filing of statements of contentions and points of agreement and for service of subpoenas and the jurisdiction of the superior court; to provide for the establishment by the State Board of Workmen's Compensation of proper forms and procedures for the establishment of addresses of record; to provide for administrative determination of changes in conditions based upon affidavit and sworn documentary evidence; to provide that any person, firm or corporation willfully making any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under said Code Title shall be guilty of a misdemeanor and to provide penalties upon conviction thereof; 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. Code Title 114, relating to Workmen's Compensation, as amended, is hereby amended by adding at the end of Code section 114-102, relating to the definition of injury and personal injury, the following: Alcoholism or disabilities attributable thereto shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of the employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of employment except when such addiction was caused by the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician.,

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so that when so amended Code section 114-102 shall read as follows: 114-102. `Injury' and `personal injury' defined. `Injury' and `personal injury' shall mean only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided, include a disease in any form except where it results naturally and unavoidably from the accident, nor shall `injury' and `personal injury' include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall `injury' and `personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis, unless it is shown by preponderance of competent and creditable evidence that it was attributable to the performance of the usual work of employment. Alcoholism or disabilities attributable thereto shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of the employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of employment except when such addiction was caused by the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. Code 114-102 amended. Section 2. Said Code Title is further amended by striking from Code section 114-107, relating to employers and employees to whom the workmen's compensation laws do not apply, the following: 10, and inserting in lieu thereof the following: 5, so that when so amended said Code section 114-107 shall read as follows:

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114-107. Employers and employees to whom law inapplicable; intrastate common carriers, farm laborers, domestic servants, public charities, and others. This Title shall not apply to common carriers, the motive power of which is steam and which are engaged in intrastate trade or commerce, nor shall this Title be construed to lessen the liability of such common carriers or take away or diminish any right that any employee, or in case of his death, the personal representative of such employee, of such common carrier, may have under the laws of this State; nor to employees whose employment is not in the usual course of trade, business, occupation or profession of the employer or not incidental thereto; nor to farm laborers or domestic servants; nor to employees of institutions maintained and operated as public charities; nor to employers of such employees; nor to any persons, firm or private corporation, including any public service corporation, that has regularly in service less than 5 employees in the same business within this State, unless such employees and their employers voluntarily elect to be bound. Code 114-107 amended. Section 3. Said Code Title is further amended by striking from Code section 114-404, relating to total incapacity under workmen's compensation, as amended, the following: 60 percent, and inserting in lieu thereof the following: 66 2/3 percent, and by striking therefrom the following: $50 per week, and inserting in lieu thereof the following: $65 per week, and by striking therefrom the following: $15,

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and inserting in lieu thereof the following: $25, and by striking therefrom the following: , nor shall the total amount of compensation exceed $18,000, so that when so amended, said Code section 114-404 shall read as follows: 114-404. Total incapacity; limit of compensation. When the incapacity to work resulting from an injury is total, the employer shall pay or cause to be paid, as hereinafter provided for, to the employee during such total incapacity a weekly compensation equal to 66 2/3 percent of his average wages, but not more than $65 per week nor less than $25 per week, except when the weekly wage is below $25, then the regular wages on the date of the accident shall be the weekly amount paid, and in no case shall the period covered by such compensation be greater than 400 weeks. Code 114-404 amended. Section 4. Said Code Title is further amended by striking from Code section 114-405, relating to partial incapacity under workmen's compensation the following: 60 percent, and inserting in lieu thereof the following: 66 2/3 percent, and by striking therefrom the following: $39.00 a week, and inserting in lieu thereof the following: $50.00 a week,

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and by striking therefrom the following: $12,000.00, and inserting in lieu thereof the following: $15,000.00, so that when so amended Code section 114-405 shall read as follows: 114-405. Partial incapacity; limit of compensation. Except as otherwise provided in the next section hereafter, where the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity, a weekly compensation equal to 66 2/3 percent of the different between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than $50.00 a week, and in no case shall the period covered by such compensation be greater than 350 weeks from the date of injury. In the event partial incapacity shall follow a period of total incapacity, the number of weeks to which the employee shall be entitled to receive compensation under this section shall be reduced by the number of weeks for which payments for total incapacity have been made to the employee, and, in such event, the limitation as to the total compensation payable under this section shall not limit the total compensation which may be collected by the employee. The total compensation payable shall in no case exceed $15,000.00. Code 114-405 amended. Section 5. Said Code Title is further amended by striking Code section 114-406, relating to compensation for injuries, in its entirety and substituting in lieu thereof a new Code section 114-406 to read as follows: 114-406. Compensation for injuries. In the cases included in the following schedule concerning specific member injuries, the permanent partial industrial handicap in each case shall be compensated by payments at the rate

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and for the period specified, said compensation to be in lieu of all other compensation for the permanent partial handicap. In addition to the compensation provided in the schedule for permanent partial handicap, compensation for total incapacity for work, as provided in section 114-404 or partial incapacity for work, as provided in section 114-405, shall be paid as long as the total or partial disability exists for a period not to exceed 52 weeks, except as hereinafter provided. After the disability under section 114-404 or 114-405 has ceased, but not later than 52 weeks after the date of the subject accident, no further compensation benefits shall be paid until the employee's injured specific member has reached maximum improvement, or 52 weeks, except as hereinafter provided, have expired after the date of the subject accident, whichever occurs first, then the employee shall be rated for the percentage of specific member disability present; if, at the end of the said 52 weeks period, maximum improvement has not been reached and total or partial disability continues, the Board may extend such period for, but not to exceed, an additional 23 weeks; and compensation benefits pursuant to said disability rating shall commence as set forth below: Code 114-406 enacted. (a) Loss of a thumb, 60 per centum of the average weekly wages during 60 weeks. (b) Loss of a first finger, commonly called the index finger, 60 per centum of the average weekly wages during 40 weeks. (c) Loss of a second finger, 60 per centum of the average weekly wages during 35 weeks. (d) Loss of a third finger, 60 per centum of the average weekly wages during 30 weeks. (e) Loss of a fourth finger, commonly called the little finger, 60 per centum of the average weekly wages during 25 weeks. (f) Loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half

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of the thumb or finger, and the compensation shall be for one-half of the periods of time above specified. (g) Loss of more than one phalange shall be considered the loss of the entire finger or thumb: Provided, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. (h) Loss of a great toe, 60 per centum of the average weekly wages during 30 weeks. (i) Loss of one of the toes other than a great toe, 60 per centum of the average weekly wages during 20 weeks. (j) Loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and the compensation shall be for one-half of the periods of time above specified. (k) Loss of more than one phalange shall be considered as the loss of the entire toe. (l) Loss of a hand, 60 per centum of the average weekly wages during 160 weeks. (m) Loss of an arm, 60 per centum of the average weekly wages during 200 weeks. (n) Loss of a foot, 60 per centum of the average weekly wages during 135 weeks. (o) Loss of a leg, 60 per centum of the average weekly wages during 225 weeks. (p) Loss of an eye, 60 per centum of the average weekly wages during 125 weeks. (q) Complete loss of hearing in both ears, 60 per centum of the average weekly wages during 150 weeks.

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(r) Complete loss of hearing in one ear, 60 per centum of the average weekly wages during 60 weeks. (s) Total loss of use of a member or loss of vision of an eye shall be considered as equivalent to the loss of such member or eye. The compensation for partial loss of, or for the partial loss of use of, a member or, for partial loss of vision of any eye, shall be such proportions of the payments above provided for total loss as such partial loss bears to total loss. Loss of both arms, hands, legs, or feet or any two of these members, or the permanent total loss of vision in both eyes, shall be deemed permanent total incapacity and shall be compensated under section 114-404. The weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and minimum as set out in sections 114-404 and 114-405. Nothing herein shall be construed as prohibiting either party from moving for a change in condition as provided under section 114-709 with respect to compensation benefits payable, pursuant to section 114-404 or 114-405 during the 52 weeks period, or such additional period not to exceed 23 weeks approved by the Board, subsequent to the date of the accident as provided herein or as to the specific member disability rating arrived at upon reaching maximum improvement or upon the elapse of 52 weeks, or such additional period not to exceed 23 weeks approved by the Board, from the date of the subject accident. Section 6. Said Code Title is further amended by striking from Code section 114-413, relating to death from causes other than injury; death relating to injury; expenses of last illness and funeral; dependents; the following: (b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to 85 percent of the compensation which is provided for in

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section 114-404 for total disability, for a period not to exceed 400 weeks from date of injury., and inserting in lieu thereof the following: (b) The employer shall pay the dependents of the deceased employee, wholly dependent on his earnings for support at the time of the injury, a weekly compensation equal to the compensation which is provided for in Code section 114-404 for total disability, for a period not to exceed 400 weeks from date of injury. Code 114-413 amended. Section 7. Said Code Title is further amended by adding at the end of the second sentence of paragraph (a) of Code section 114-703, relating to rules, subpoenas, etc.; quorum, the following sentence: Provided, however, in any proceeding under this Title where the parties are represented by counsel, the Board may require by rule or regulation, on forms provided by the Board, the filing of statements of contentions and points of agreement., and by adding at the end of the first sentence of paragraph (b) of said Code section following the words civil actions the following: except subpoenas may also be served in any other manner authorized by law, and by inserting in the third sentence of paragraph (b) of said Code section following the words superior court the following: of the county wherein the hearing is held, so that when so amended said Code section 114-703 shall read as follows: 114-703. Rules; subpoenas, etc.; quorum. (a) The State Board of Workmen's Compensation may make rules, not inconsistent with this Title, for carrying out the provisions

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of this Title. Processes and procedure under this Title shall be as summary and simple as reasonably possible. Provided, however, in any proceeding under this Title where the parties are represented by counsel, the Board may require by rule or regulation, on forms provided by the Board, the filing of statements of contentions and points of agreement. The members, or any one of them, or any person deputized by them, shall have the power for the purposes of this Title to subpoena witnesses, administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. Code 114-703 amended. (b) The sheriffs of this State within their respective jurisdictions, and their respective deputies, shall serve all subpoenas of the members or their deputies and shall receive the same fees as are now provided by law for like civil actions, except subpoenas may also be served in any other manner authorized by law. Each witness who appears in obedience to such subpoena of the Board shall receive for attendance the fees prescribed by law for witnesses in civil cases in courts. The superior court of the county wherein the hearing is held shall, on application of the Board or any director or deputy thereof, enforce by proper proceedings, the attendance and testimony of witnesses and the production and examination of books, papers and records. Any two members shall constitute a quorum for the transaction of any business or the rendition of any decision herein provided to be made by all of the members. Section 8. Said Code Title is further amended by adding at the end of Code section 114-706, relating to hearings before the State Board of Workmen's Compensation regarding disagreements, the following: The State Board of Workmen's Compensation shall, by proper rule, provide that each employee-claimant and employer must, upon proper form or procedure established by the Board, establish an address of record with the Board and it shall be incumbent upon such employee-claimant and employer to keep said address of record up to date. The

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requirement of any notice required by this Title shall be satisfied by sending such notice to the address of record by registered or certified mail., so that when so amended Code section 114-706 shall read as follows: 114-706. Hearings regarding disagreements. If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this Title, or if they have reached such an agreement which has been signed and filed with the State Board of Workmen's Compensation, and compensation has been paid, or is due in accordance therewith, and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Board for a hearing in regard to the matters at issue, and for a ruling thereon. Immediately after such application has been received, the Board shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the county where the injury occurred if the same occurred in this State, unless otherwise agreed between the parties and authorized by the Board. If the injury occurred without the State and is one for which compensation is payable under this Title, then the hearing above referred to may be held in the county of the employer's residence or place of business, or in any other county of the State which will, in the discretion of the Board, be the most convenient for a hearing. At any time after notice of request that a claim be set for hearing, if either party desires to take the testimony or any person within or without the State, including a party, by deposition upon oral examination or written interrogatories, whether for submission as evidence or for the purpose of discovery, or both, he may take such testimony in accordance with the procedural rules then in effect in civil cases in the superior courts of this State: Provided, that any testimony taken pursuant to this section may, within the discretion of the presiding deputy director, director, or directors, be admisible as evidence at said hearing and all future related

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hearings whether or not the deponent is available to testify in person at the hearing, whether or not he, in fact, does testify, and whether or not the testimony was originally taken for the purpose of discovery or evidence or both. The State Board of Workmen's Compensation shall, by proper rule, provide that each employee-claimant and employer must, upon proper form or procedure established by the Board, establish an address of record with the Board and it shall be incumbent upon such employee-claimant and employer to keep said address of record up to date. The requirement of any notice required by this Title shall be satisfied by sending such notice to the address of record by registered or certified mail. Code 114-706 amended. Section 9. Said Code Title is further amended by striking from Code section 114-709, relating to review of award of settlement, the last sentence of the first paragraph of said Code section and inserting in lieu thereof the following: Except as hereinafter provided, 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 issue. Provided, however, if an employee has been tendered an agreement based upon his return to work or ability to return to work and he fails or refuses to enter into such agreement, the employer or insurer may file with the Board a sworn affidavit of such failure or refusal supported by current medical reports or sworn documentary evidence of its contentions. The Board shall, immediately upon receipt of such affidavit and supporting documents, notify the employee of the contentions of the employer or insurer and require the employee to respond, on forms provided by the Board, within 10 days of said notification, his agreement or disagreement to such contentions. If no response is made by the employee within such period, it will be presumed that he has agreed with such contentions. If an employee agrees with the contentions of the employer or insurer or fails to respond, the Board shall issue its award terminating or reducing compensation in accordance with the affidavit of contentions filed by the employer or

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insurer. If, within thirty days of the date of such award, the claimant petitions the Board to set aside the award, the same shall be set aside and the Board shall schedule the matter for a hearing on change in condition. In such case, the provision of such award terminating the payment of compensation shall remain in effect pending the outcome of the hearing on change in condition. An award based upon the above procedure shall be subject to review on the basis of a change in condition as hereinbefore provided. If an employee's response evidences disagreement with the contentions of the employer or insurer, the Board shall notify the parties of the disagreement and schedule the matter for hearing as provided by law and the compensation previously awarded or agreed upon shall continue until terminated or suspended by award or order of the Board., 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 grounds of a change in condition, the State Board of Workmen's Compensation may, not later than two years from the date that the Board is notified that the final payment of a claim has been made pursuant to a Board order, review any award or any settlement made between the parties and approved by the Board and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded or agreed upon, subject to the maximum or minimum provided in this Title, and shall immediately send to the parties a copy of the new award. The Board shall have jurisdiction on such review to consider evidence of, and make a new award, determining events which occurred and conditions which existed at any time since the last hearing or agreement which resulted in an award for either party. Such new award shall be effective as of the time the change in condition actually occurred as found by the Board, notwithstanding the retroactive effect of such award. Except as hereinafter provided, no award ending, diminishing or increasing the compensation previously awarded or agreed

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upon shall be made unless the parties agreed thereto or, after due notice, a hearing has been held on the issue. Provided, however, if an employee has been tendered an agreement based upon his return to work or ability to return to work and he fails or refuses to enter into such agreement, the employer or insurer may file with the Board a sworn affidavit of such failure or refusal supported by current medical reports or sworn documentary evidence of its contentions. The Board shall, immediately upon receipt of such affidavit and supporting documents, notify the employee of the contentions of the employer or insurer and require the employee to respond, on forms provided by the Board, within 10 days of said notification, his agreement or disagreement to such contentions. If no response is made by the employee within such period, it will be presumed that he has agreed with such contentions. If an employee agrees with the contentions of the employer or insurer or fails to respond, the Board shall issue its award terminating or reducing compensation in accordance with the affidavit of contentions filed by the employer or insurer. If, within thirty days of the date of such award, the claimant petitions the Board to set aside the award, the same shall be set aside and the Board shall schedule the matter for a hearing on change in condition. In such case, the provision of such award terminating the payment of compensation shall remain in effect pending the outcome of the hearing on change in condition. An award based upon the above procedure shall be subject to review on the basis of a change in condition as hereinbefore provided. If an employee's response evidences disagreement with the contentions of the employer or insurer, the Board shall notify the parties of the disagreement and schedule the matter for hearing as provided by law and the compensation previously awarded or agreed upon shall continue until terminated or suspended by award or order of the Board. Code 114-709 amended. Notwithstanding any court decisions previously rendered construing this section, `change in condition' as used herein insofar as it relates to 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

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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 10. Said Code Title is further amended by adding thereto a new Code section to be designated Code section 114-9905 and to read as follows: 114-9905. False or misleading statements. Any person, firm or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed one year, or by both such fine and imprisonment. 9905 enacted. enacted. Section 11. This Act shall become effective on April 1, 1973. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973. STONE MOUNTAIN JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER CHANGED. No. 138 (House Bill No. 581). An Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved

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March 9, 1943 (Ga. L. 1943, p. 1143), as amended, particularly by an Act approved March 14, 1966 (Ga. L. 1966, p. 454), so as to change the provisions relating to the compensation of the official court reporter; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved March 9, 1943 (Ga. L. 1943, p. 1143), as amended, particularly by an Act approved March 14, 1966 (Ga. L. 1966, p. 454), 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. From and after the passage of this Act the official court reporter of the Stone Mountain Judicial Circuit shall be paid a salary of $10,104.60 per annum, which salary shall be paid monthly on the first day of each month. The exact amount of such salary to be paid by each county in the circuit shall be fixed by the governing authorities of the counties paying the salary of said official court reporter pro rata, based upon the ratio of population in each county according to the latest United States Decennial Census. Increases in said salary, not more often than annually, shall be made upon the recommendation of the Senior Judge of the circuit when that recommendation is concurred in by one more than half of the remaining judges of the circuit. 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 law in conflict with this Act are hereby repealed. Approved March 29, 1973.

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STONE MOUNTAIN JUDICIAL CIRCUITADDITIONAL COURT REPORTERS AUTHORIZED. No. 139 (House Bill No. 582). An Act to amend an Act providing for two additional court reporters for certain judicial circuits and providing for additional secretarial and clerical help in such circuits, approved April 28, 1969 (Ga. L. 1969, p. 876), so as to authorize the judges of said judicial circuits to employ additional court reporters; to provide for the compensation of said additional court reporters; 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 two additional court reporters for certain judicial circuits and providing for additional secretarial and clerical help in such circuits, approved April 28, 1969 (Ga. L. 1969, p. 876), is hereby amended by adding, between section 1 and section 2, a new Section to be known as section 1A, to read as follows: Section 1A. The judges of the Superior Court of the Stone Mountain Judicial Circuit are empowered and authorized to employ additional court reporters upon the recommendation of the senior judge of such circuit when that recommendation is concurred in by one more than half of the remaining judges. Such reporters shall be paid in the same manner and shall receive the same compensation as is now or may hereafter be provided by law for court reporters of such circuit. Court reporters. 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 29, 1973.

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BLUE RIDGE JUDICIAL CIRCUITASSISTANT DISTRICT ATTORNEYADDITIONAL COMPENSATION PROVIDED, ETC. No. 155 (House Bill No. 976). An Act to provide for additional compensation for the assistant district attorney of the Blue Ridge Judicial Circuit; to provide for the payment of a salary supplement; to provide for the proration of said salary supplement among the counties comprising the Blue Ridge Judicial Circuit; to provide that it shall be the duty of the county commissioner within each county within such judicial circuit to levy and collect sufficient taxes to pay their respective portion of such supplement; 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 assistant district attorney of the Blue Ridge Judicial Circuit shall receive, in addition to his salary as otherwise provided by law, an additional salary supplement, in the amount of $3,000.00 per annum. Said supplement shall be paid in equal monthly installments from the funds of the counties comprising the Blue Ridge Judicial Circuit. The amount which each county of said Circuit shall pay shall be prorated among the 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 governing authorities of each county within the Circuit to levy and collect sufficient taxes to pay the portion of the salary supplement of the assistant district attorney chargeable against their respective counties. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the assistant district attorney of the Blue Ridge Judicial Circuit; and for other purposes. This 29th day of January, 1973. /s/ Andy Roach Representative, 8th District Georgia, Gilmer County. I, George N. Bunch do solemnly swear that I am the Publisher of the Times-Courier published at Ellijay, in the state of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Andy Roach, Representative, 8th District was inserted in the Times-Courier in space of legal ads on dates as follows: Feb. 1, 8 15, 1973. Subscribed and sworn to before me. /s/ George N. Bunch This 20th day of February, 1973. /s/ Willard Ralston Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the assistant district attorney

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of the Blue Ridge Judicial Circuit; and for other purposes. This 29th day of January, 1973. /s/ Andy Roach Representative, 8th District Georgia, Fannin County. I, Lowell Kirby do solemnly swear that I am the Publisher of The McCaysville Citizen, printed and published at McCaysville, in the state of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Andy Roach, Notice of Intent to Introduce Local Legislation to change the compensation of the assistant district attorney of Blue Ridge Circuit was inserted in The McCaysville Citizen in space of on dates as follows: Feb. 1, 8 15, 1973. Subscribed and sworn to before me. /s/ Lowell Kirby This 20th day of Feb. 1973. /s/ Roy W. Panter Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the assistant district attorney of the Blue Ridge Judicial Circuit; and for other purposes. This 29th day of January, 1973. Andy Roach Representative, 8th District

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Georgia, Cherokee County. This will certify that the North Georgia Tribune, official organ of Cherokee County, Georgia, has published the advertising regarding the publication of Notice of LegislationDistrict Atty. Asst. according to the order of Judge on the following dates: Feb. 1, 8 15, 1973. This 21st day of February, 1973. /s/ Ralph W. Owen Publisher, North Georgia Tribune Sworn to and subscribed before me, this 21st day of February, 1973. /s/ Mrs. Henry Hamby Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the assistant district attorney of the Blue Ridge Judicial Circuit; and for other purposes. This 29th day of January, 1973. Andy Roach Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Roach who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention

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to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: February 1, 8, 15, 1973. /s/ Andy Roach Representative, 8th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the assistant district attorney of the Blue Ridge Judicial Circuit; and for other purposes. This 29th day of January, 1973. Andy Roach Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Roach who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Forsyth County News which is the official organ of Forsyth County, on the following dates: February 8, 15, 22, 1973. /s/ Andy Roach Representative, 8th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the assistant district attorney of the Blue Ridge Judicial Circuit; and for other purposes. This 29th day of January, 1973. Andy Roach Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Roach who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribune which is the official organ of

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Cherokee County, on the following dates: February 1, 8, 15, 1973. /s/ Andy Roach Representative, 8th District Sworn to and subscribed before me, this 27th day of February 27, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. SUPERIOR COURT CLERKSMINIMUM SALARIES PROVIDED, ETC. No. 162 (House Bill No. 318). An Act to provide minimum salaries for clerks of the superior courts of the various counties within the State of Georgia, to be paid from county funds; to provide for longevity increases; to provide for additional minimum compensation for certain clerks serving as clerk of a state court, county court, city court, or civil court; to provide that the provisions of local legislation affecting compensation for clerks of the superior courts of the various counties shall remain in full force and effect, except where the same provides for a salary lower than the salary provided in this Act; to provide that the provisions of this Act shall not be construed to place any clerk of the superior court on an annual salary in lieu of the fee system of compensation, until local legislation is enacted by the General Assembly of Georgia placing any such clerk on an annual salary; to provide for other matters relative to the

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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. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Salaries. Population Minimum Salary 0- 5,999 $ 7,000 6,000- 11,999 9,000 12,000- 19,999 10,000 20,000- 29,999 11,000 30,000- 39,999 12,000 40,000- 49,999 13,000 50,000- 99,999 14,000 100,000-199,999 15,000 200,000-and up 16,000. Section 2. In addition to the minimum salary provided in section 1, each clerk of the superior court of any county who also serves as clerk of a state court, county court, city court, or civil court, under the provisions of any applicable general or local law of this State, shall receive for his services in such other court a salary of not less than $100 per month, to be paid from the funds of the county. Section 3. The amounts provided in sections 1 and 2 of this Act shall be increased by two and one-half (2 1/2) percent for each year in office served by any clerk, figured at the end of each such period of service, provided, however, that such increase shall not apply to any clerk whose minimum salary as set forth in Section 1 above exceeds $12,000 per annum. The provisions of this section shall not be

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construed to affect any provisions of local legislation except where such local legislation provides for a salary lower than the salary provided in this Act, in which event the provisions of this Act shall prevail. Such increase shall not have retroactive effect. The increase per year provided in this Section shall not apply to any year completed prior to the effective date of this Act. This Act shall not be construed to reduce the salary of any clerk of the superior court presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a clerk's office shall come from funds other than the funds specified as salary in this Act. Expenses. Section 4. All provisions of any local legislation in effect on the effective date of this Act or enacted subsequent to the effective date of this Act and affecting compensation for clerks of the superior courts of the various counties shall be of full force and effect, except where such local legislation provides for a salary lower than the salary provided in this Act, in which event the provisions of this Act shall prevail. Section 5. The provisions of this Act shall not be construed so as to place any clerk of the superior court who is on the fee system of compensation on the effective date of this Act on a salary system of compensation. Any clerk who is compensated under the fee system of compensation on the effective date of this Act shall continue to receive compensation under the fee system of compensation until local legislation is enacted by the General Assembly placing such clerk on an annual salary equal to or greater than the minimum annual salary provided for in this Act. Exemption. Section 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1973.

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DRIVER TRAINING SCHOOLSEXAMINATION REQUIREMENTS FOR INSTRUCTORS. No. 164 (House Bill No. 539). An Act to amend an Act regulating driver training schools, approved March 27, 1968 (Ga. L. 1968, p. 436), so as to provide for an examination of driver training school instructors as an alternative to the educational requirements set forth in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating driver training schools, approved March 27, 1968 (Ga. L. 1968, p. 436), is hereby amended by striking subsection (b) of Section 4 in its entirety and by inserting in lieu thereof a new subsection (b), to read as follows: (b) Must present to the department evidence of credit in driver education and safety from an accredited college or university equivalent to credits in those subjects which are required of instructors in the public schools of Georgia or satisfactory performance on a written, oral, performance or combination examination administered by the department testing both knowledge of the field of driver education and skills necessary to instruct and impart driving skills and safety to students. The examination shall be administered quarterly or upon the written application of four or more prospective licensees. The examination fee shall not exceed $25.00. Examination. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1973.

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GEORGIA VETERINARY PRACTICE ACT AMENDED. Code Chapter 84-15 Amended. No. 165 (Senate Bill No. 201). An Act to amend Code Chapter 84-15, the Georgia Veterinary Practice Act, so as to revise substantially the laws relating to the practice of veterinary medicine; to provide for issuance of temporary licenses to practice veterinary medicine; to provide for issuance of Veterinary Faculty Licenses; to permit employees of licensed veterinarians to administer prescribed care under the direct supervision of such veterinarians; to provide that relicensing or reinstatement of licenses previously suspended or revoked shall be by a vote of four members of the State Board of Veterinary Medicine instead of by a majority; to provide for renewal of licenses within one year of their expiration by residents of Georgia and within three years of their expiration by nonresidents under rules adopted by the Board; to provide a system for the approval, registration and regulation of animal technicians; to provide for practices and procedures in connection with the foregoing; to provide an effective date; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-15, the Georgia Veterinary Practice Act, is hereby amended by striking Code section 84-1503, relating to the practice of veterinary medicine, in its entirety and inserting in lieu thereof a new Code section 84-1503, to read as follows: 84-1503. (a) No person may practice veterinary medicine in this State who is not a licensed veterinarian or the holder of a valid temporary license issued by the Joint-Secretary, State Examining Boards, pursuant to the provisions of this Chapter. Code 84-1503 amended.

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(b) This Chapter shall not be construed to prohibit: 1. An employee of the federal, State, or local government performing his official duties. 2. A person who is a regular student in a veterinary school performing duties or actions assigned by his instructors, or working under the direct supervision of a licensed veterinarian. 3. A person advising with respect to or performing acts which the Board by rule has prescribed as accepted livestock management practices. 4. A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State. 5. Any merchant or manufacturer selling at his regular place of business medicines, feed, appliances or other products used in the prevention or treatment of animal diseases. This shall not be construed to authorize the sale of medicines which must be obtained by a prescription from a pharmacist, but shall only include the right to sell those medicines which are classified as proprietary and which are commonly known as over-the-counter medicines. 6. The owner of an animal and the owner's full time regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this Chapter. 7. The holder of a Veterinary Faculty License issued by the Board performing regular teaching duties, or a person lecturing, or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar. 8. Any person selling or applying any pesticide, insecticide, or herbicide.

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9. Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals. 10. Any person performing artificial insemination. 11. An employee of a licensed veterinarian administering prescribed care to an animal under the direct supervision of the veterinarian. Section 2. Said Code Chapter is further amended by striking subsection (d) of Code section 84-1504, relating to the State Board of Veterinary Medicine and its powers, and inserting in lieu thereof new subsections (d) and (e), to read as follows: (d) The Board shall have the power to: 1. Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in the State. 2. Issue, renew, deny, suspend or revoke licenses to practice veterinary medicine in the State or otherwise discipline licensed veterinarians, and to issue, renew, deny, suspend or revoke Veterinary Faculty Licenses, consistent with the provisions of the Chapter and the rules and regulations adopted thereunder. Code 84-1504 amended. (e) The Joint-Secretary, State Examining Boards, subject to the approval of the President of the Board of Veterinary Medicine, may issue a temporary license to an applicant qualified to take the veterinary license examination. Such temporary license shall have the same force and effect as a permanent license until the next regular meeting of the Board, at which time said license shall become void. Said license shall not be recorded, and shall be renewable for only one six-month period. Section 3. Said Code Chapter is further amended by striking Code section 84-1508, relating to the expiration and

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renewal of licenses, in its entirety and inserting in lieu thereof a new Code section 84-1508, to read as follows: 84-1508. All licenses shall expire annually on December 31 of each year but may be renewed by registration with the Board and payment of the registration renewal fee established and published by the Board. On December 1 of each year the Joint-Secretary shall mail a notice to each licensed veterinarian that his license will expire on December 31 and provide him with a form for reregistration. The Joint-Secretary shall issue a new certificate of registration to all persons registering under this Chapter. Code 84-1508 amended. Any person who shall practice veterinary medicine after the expiration of his license and willfully or by neglect fail to renew such license shall be practicing in violation of this Chapter. Provided, that any person residing in Georgia may renew an expired license within one year of the date of its expiration by making written application for renewal and paying the current renewal fee plus all delinquent renewal fees. After one year has elapsed since the date of the expiration, a license may not be renewed, but the holder must make application for a new license and take the license examination. Provided, further, that a nonresident of the State of Georgia may renew an expired license within three years of the date of its expiration, pursuant to rules adopted by the Board specifying the circumstances under which such renewal within three years of expiration will be granted. The Board may by rule waive the payment of the registration renewal fee of a licensed veterinarian during the period when he is on active duty with any branch of the armed forces of the United States, not to exceed the longer of three years or the duration of a national emergency. Section 4. Said Code Chapter is further amended by striking Code section 84-1509, relating to the revocation or suspension of licenses, in its entirety and inserting in lieu thereof a new Code section 84-1509, to read as follows:

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84-1509. Upon written complaint sworn to by any person, the Board may, after a fair hearing and by a concurrence of four members, revoke or suspend for a certain time the license of, or otherwise discipline, any licensed veterinarian or temporarily licensed veterinarian for any of the following reasons: Code 84-1509 amended. 1. The employment of fraud, misrepresentation or deception in obtaining a license. 2. An adjudication of insanity. 3. Chronic inebriety or habitual use of drugs. 4. The use of advertising or solicitation which is false, mileading, or is otherwise deemed unprofessional under regulations adopted by the Board. 5. Arrest and indictment, conviction or cash compromise of a felony or other public offense involving moral turpitude. 6. Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine. 7. Having professional association with or employing any person practicing veterinary medicine unlawfully. 8. Fraud or dishonesty in the application or reporting of any test for disease in animals. 9. Failure to keep veterinary premises and equipment in a clean and sanitary condition. 10. Failure to report, as required by law, or making false report of, any contagious or infectious disease. 11. Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates. 12. Cruelty to animals.

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13. Revocation of a license to practice veterinary medicine by another state, territory or district of the United States on grounds other than non-payment of registration fee. 14. Unprofessional conduct as defined by the Board. Section 5. Said Code Chapter is further amended by striking from Code section 84-1511, relating to relicensing or reinstatement of licenses, the following: majority vote of, and inserting in lieu thereof the following: vote of four members of, so that when so amended, Code section 84-1511 shall read as follows: 84-1511. Any person whose license is suspended or revoked may, at the discretion of the Board, be relicensed or reinstated at any time without an examination, by vote of four members of the Board on written application made to the Board showing cause justifying relicensing or reinstatement. Code 84-1511 amended. Section 6. Said Code Chapter is further amended by adding, after Code section 84-1512, thirteen new Code sections, to be designated Code Sections 84-1513 through 84-1525, to read as follows: 84-1513. The Board shall issue a Veterinary Faculty License to any qualified veterinarian associated with one of the State institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions: Code 84-1513 enacted. (a) That the holder of the Veterinary Faculty License shall be remunerated for the practice aspects of his services

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from State, national or institutional funds and not from the patient-owner beneficiary of his practice efforts; and (b) That the applicant will furnish the Board with proof that he or she is a graduate of an accredited school or college of veterinary medicine and is duly licensed in another state; and (c) That the license may be cancelled for any of the reasons enumerated in Code section 84-1509, or if the holder of the Veterinary Faculty License permanently moves out of the State or leaves the employment of the institution of higher learning. 84-1514. It is the purpose of Code sections 84-1514 through 84-1525 to encourage more effective utilization of the skills of veterinarians by enabling them to delegate certain veterinary health care tasks to registered animal technicians where such delegation is consistent with the animal patient's health and welfare. Code 84-1514 enacted. 84-1515. As used in Code sections 84-1514 through 84-1525: (a) `Registered Animal Technician' means a skilled person qualified by academic and practical training to provide animal patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying veterinarian. Code 84-1515 enacted. (b) `Evaluation agency' means a public or private animal 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 animal technician's qualifications to perform the tasks described in the job description. 84-1516. In order to obtain approval for the utilization of a person as an animal technician, whether the utilization be

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in a private practice or through a public or private health care institution or organization, the licensed veterinarian who will be responsible for the performance of that technician shall submit an application to the Board, together with: Code 84-1516 enacted. (a) Evidence submitted by the proposed animal technician of his or her good moral character. (b) Evidence of his or her competency in an animal care area related to his job description which, as a minimum, shall include satisfactory completion of a training program approved by the Board: Provided 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. (c) A finding by the Board-approved evaluation agency that the proposed animal technician is qualified to perform the tasks described in the job description. (d) A job description, signed by the applying veterinarian which shall include: (1) The qualifications, including related experience, possessed by the proposed animal technician; (2) The professional background and specialty of the veterinarian submitting the application; (3) A description of the veterinarian's practice and the way in which the technician is to be utilized. (e) A fee, established by the Board, which shall be compensurate with the cost of fulfilling the statutory duties of the Board as defined in this Chapter. 84-1517. No veterinarian shall have more than two animal technicians in his employment at any one time. Code 84-1517 enacted. 84-1518. Nothing in this Chapter shall prevent a veterinarian from submitting a new job description when an

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animal technician, by reason of further education or experience and successfully passing an additional test or tests as shall be outlined and administered by the Board, becomes capable of performing a wider range of medical tasks. Code 84-1518 enacted. 84-1519. (a) A registered animal technician as defined under this Chapter shall be allowed to perform his duties only in the principal offices of the applying veterinarian, which shall be those public or private places or health facilities where the applying veterinarian regularly sees patients. Code 84-1519 enacted. (b) An animal technician may not be utilized in any manner which would be in violation of Code Chapter 84-15, the Georgia Veterinary Practice Act. (c) An animal technician shall not be utilized to perform the duties of a pharmacist licensed under Code Chapter 79A-4, relating to pharmacists, as now or hereafter amended. 84-1520. (a) Within a reasonable time after receipt of the documents required by Code section 84-1516, 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 animal technician a registration certificate authorizing the animal technician to perform veterinary medical tasks under the direction and supervision of the applying veterinarian. Code 84-1520 enacted. (b) The Board shall not approve an application unless it finds from the information forwarded with the application that the proposed animal technician 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 animal patients upon which he or she may perform the described medical tasks. 84-1521. On receipt of notice of the Board's approval, an animal technician, under the direction of the applying veterinarian, may perform the tasks described in the job description. Code 84-1521 enacted.

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84-1522. (a) The approval of a veterinarian's utilization of an animal technician may be terminated or suspended and the registration certificate revoked or suspended by the Board when, after due notice and a hearing, in accordance with the provisions of this Section, it shall find any of the following: Code 84-1522 enacted. (1) That the technician 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 veterinarian. (2) That the technician has performed veterinary medical tasks otherwise than at the direction of the veterinarian approved by the Board to utilize the animal technician's services. (3) That the technician has performed duties not included in his job description. (4) That the technician has habitually used intoxicants or drugs to such an extent that he is unable safely to perform as an animal technician. (5) That the technician has been arrested and indicted, or convicted, in any court, State or federal, of any felony or other criminal offense involving moral turpitude. (b) Before termination or suspension of approval or registration granted by the Board to an animal technician, the Board shall give to the animal technician timely and reasonable written notice indicating the general nature of the charges, accusation or complaint preferred against him, which notice shall state that the animal technician will be given an opportunity to controvert such charges or complaints at a public hearing before the Board. Following such hearing, the Board shall determine, on the basis of its regulations, whether the approval or registration of the animal technician shall be terminated or suspended. (c) In hearings held pursuant to subsection (b) of this section, the Board shall apply the rules of evidence as prescribed

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in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as now or hereafter amended. 84-1523. In addition to the powers specifically delegated to it in this Chapter, the Board shall have the authority to perform all acts and adopt all rules and regulations which are necessary, proper, or incidental to the efficient development of veterinary health care performed by animal technicians, including the requirement of continuing education programs for such technicians. The Board shall also have the authority to promulgate rules and regulations governing the delegation by veterinarians to qualified persons other than animal technicians of any acts, duties or functions which are permitted by law or established by custom. Code 84-1523 enacted. 84-1524. (a) Any veterinarian, animal clinic or animal hospital using registered animal technicians shall post a notice to that effect in a prominent place. Code 84-1524 enacted. (b) An animal technician must clearly identify himself as such in order to ensure that he is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Anytime the animal technician's name appears in a professional setting, his or her status must be shown as `Animal Technician'. (c) The animal technician is to be addressed as Mr., Mrs., Ms., or Miss. 84-1525. The veterinarian who applies for or utilizes an animal technician shall be responsible for any violation of limitations on the duties of an animal technician. Code 84-1525 enacted. Section 7. 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

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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 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 or parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1973. REVENUEFAILURE TO PAY INTANGIBLE TAX ON LONG TERM REAL ESTATE NOTESRECORDING OF INSTRUMENT NOT LEGAL NOTICE, ETC. No. 167 (House Bill No. 412). An Act to amend the Intangible Property Tax Act of 1953, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec., Sess., p. 379), as amended, so as to provide that the filing for record of a real estate instrument securing a long-term note without payment to the intangible tax in the manner prescribed by said Act shall not constitute legal notice to anyone except in those cases where the State Revenue Commissioner has determined that such tax is not payable; to provide that failure to pay said tax shall not constitute a bar to the collection of the indebtedness when the State Revenue Commissioner has determined that the tax is not payable; to provide procedures for the State Revenue Commissioner to determine whether the tax is payable with respect to a particular real estate instrument or class of real estate instruments and that the non-payment of the tax in reliance upon such determination shall not preclude such real estate instrument or

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instruments from constituting legal notice and shall not constitute a bar to collection of the indebtedness; to provide an effective date; to repeal conflicting laws; and for other purposes. Bt it enacted by the General Assembly of Georgia: Section 1. The Intangible Property Tax Act of 1953, approved December 22, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 379), as amended, is hereby amended by striking section 5 of Part I in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner or his deputy shall enter upon or attach to such security instrument a certification of the fact that the intangible tax as provided by section 4, Part I of this Act has been paid, the date and the amount thereof, and shall be signed by the tax collector or tax commissioner or his deputy. The holder of such a long-term note upon which the tax has been paid as provided by this Act may then present the security instrument, together with the certificate, to the clerk of the superior court of the county in which the real estate is situated who shall then be permitted to file the security instrument for record. It is the intention of the General Assembly of Georgia that this intangible tax herein levied imposed by section 4, Part I of this Act shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real estate instrument securing said note with the clerk of the court, and that the clerk of the court shall not be permitted to file for record such an instrument unless the security instrument discloses on its face the principal amount of the note, the date executed and the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that this tax has been paid upon such note. The filing for record with the clerk of the court of a real estate instrument securing a long term note, without payment of the intangible tax imposed by section 4, Part I of this Act in the manner

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prescribed by this Act, shall not constitute legal notice to anyone, except in those cases where the State Revenue Commissioner has determined that such tax is not payable. The certificate entered upon or attached to the security instrument shall be recorded with the security instrument and shall be in such form as the State Revenue Commissioner may require, but in any event shall bear the signature of the tax collector or tax commissioner or his deputy. Recording. Not legal notice. Section 2. Said Act is further amended by striking section 11 of Part I of said Act in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. Failure to pay the tax levied by this Act shall constitute a bar to the collection of the indebtedness secured by any instrument required by this Act to be recorded, by suit, foreclosure, the exercise of any power of sale, or otherwise, whether such instrument be held by an original party thereto or a transferee. Such bar may be removed by the payment of the tax required hereunder, plus interest at six (6%) percent per annum from the time said tax was due, and plus a penalty of twenty-five (25%) percent of the amount of the tax. Provided, however, that failure to pay said tax shall not constitute such a bar to the collection of the indebtedness, as described above, where the State Revenue Commissioner has determined that such tax is not payable. Provided, further, that the State Revenue Commissioner may waive such penalty if he determines that the failure to pay the tax was through ignorance of the law, or inadvertence, and not in bad faith. Provided, further, that this section shall not apply to instruments acquired prior to the effective date of this Act. Bar to suit. Section 3. Said Act is further amended by adding between sections 11 and 12 of Part I of said Act a new section to be numbered 11A and to read as follows: Section 11A. The State Revenue Commissioner, upon his own motion or upon the written request of one or more holders of notes secured by real estate instruments, will render publicly and in writing his determination whether the

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recording tax provided in this Act is payable with respect to a particularly described real estate instrument or class of real estate instruments. A copy of all such determinations shall be retained in the files of the State Revenue Department as a permanent, public record. Non-payment of the tax provided for herein, with respect to a real estate instrument filed for record, in reliance upon a determination rendered by the State Revenue Commissioner pursuant to this section shall not preclude such instrument from constituting legal notice, as provided in Section 4 of this Act, or constitute a bar to the collection of the indebtedness, as provided in Section 11 of this Act. Exemptions. 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, 1973. GAME AND FISHCATCH OUT POND LICENSE PROVIDED, ETC. No. 168 (House Bill No. 188). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. L. 1971, p. 38), so as to provide for a catch out pond license; to provide for a definition; to provide that resident and nonresident visitors to Georgia State Parks shall not be required to purchase a trout stamp to fish on lands owned or under lease by the Parks and Recreation Division of the Department of Natural Resources; to provide for all matters relative to the foregoing; to provide an effective date; to provide for

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other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1971 (Ga. L. 1971, p. 38), is hereby amended by adding a new item at the end of paragraph (VII) of subsection (a) of section 30 to be designated item (14) and to read as follows: (14) Catch Out Pond LicenseAnnual200.00 License. Section 2. Said Act is further amended by adding two new subsections at the end of section 30 to be designated subsections (h) and (i) and to read as follows: (h) As used in item (14) of paragraph VII of subsection (a) of this section, `catch out pond' means a fresh water pond or lake, the owner or operator of which charges persons a fee for the right to fish therein. The owner or operator of a catch out pond may purchase, at his option, a catch out pond license, and persons, both residents and nonresidents of Georgia, may fish therein without the necessity of purchasing a fishing license, and trout stamp, if applicable. When the owner or operator of a catch out pond elects not to purchase a catch out pond license, then persons fishing therein shall be required to have a valid fishing license, except as provided by Section 82 of this Act, and trout stamp, except as provided by subsection (f) of this Section, if applicable, either resident or nonresident, as the case may be. The Board of Natural Resources is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this subsection. Defined. (i) Resident and nonresident visitors to Georgia State Parks shall not be required to purchase a trout stamp otherwise required by paragraph III of subsection (a) of this

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Section when such visitors are fishing in impounded waters on lands owned or under lease by the Parks and Recreation Division of the Department of Natural Resources. 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, 1973. REVENUEGEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCERTAIN OBJECTS OF ART, ETC., EXEMPT. No. 169 (House Bill No. 388). 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 the purchase of objects of art and other similar property by museums for display in such museums; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding a new paragraph to section 3(c) (2), to be designated paragraph (y.1), to read as follows: (y.1) The taxes levied by this Act shall not apply to the retail purchase, retail sale to, use, consumption, distribution, or storage within this State of objects of art and anthropological, archeological, geological, horticultural, and

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zoological objects or artifacts and other similar personal property by any museum for display or exhibition in such museum, but only if such museum is open to the public and has been approved by the State Revenue Commissioner as an organization eligible to receive tax deductible contributions. Exemption. Section 2. This shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shall apply to any purchase of tangible personal property at retail which meets the requirements of paragraph (y.1) in section 1 of this Act for which the purchase price is due and payable after January 1, 1972. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. ELECTIONSCERTAIN MUNICIPALITIES REQUIRED TO USE CERTAIN COUNTY VOTERS REGISTRATION LIST. ETC. (27,000-28,000). Code 34A-501 Amended. No. 171 (House Bill No. 531) An Act to amend Code section 34A-501, relating to municipal elector's qualifications, so as to provide that certain municipalities in certain counties shall use the voters' registration list of said county; to provide that said counties shall furnish certain information to the municipalities; 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, is hereby amended by adding to the end thereof the following:

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Provided, however, municipalities which are the county sites of counties having populations of not less than 27,000 and not more than 28,000, according to the 1970 U. S. decennial census, or any such future census, shall not be authorized to maintain their own registration list but shall use the registration list of the county, and such county shall be required to furnish such list to the municipality; provided, further, that any such counties shall be required to furnish a list of the registered voters residing within such municipalities to the governing authorities of the municipalities no later than seven days before any election or primary covered by Code Title 34A is to be held in such municipalities. 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 April 3, 1973. BANKS AND BANKINGMERGER OR CONSOLIDATIONCERTAIN STOCK PROVISIONS MADE, ETC. Code 13-1401 and 13-1405 Amended. No. 173 (House Bill No. 612). An Act to amend Article XIII of the Banking Laws of Georgia, as enacted by the General Assembly of Georgia by Act approved August 16, 1919 (Ga. L. 1919, pp. 135-222) as amended, as the same is codified in Chapter 13-14, relating to the merger or consolidation of banks, as amended, so as to amend Code section 13-1401 to further define the terms which shall be provided for in an agreement of merger or consolidation of banks to include the manner and basis of converting the shares of each merged or consolidated bank into shares or other securities or obligations

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of the surviving bank or into cash or securities of any other corporation, or combination thereof; to amend Code section 13-1405 relative to the surrender of original certificates of stock and the issuance of new certificates of stock in a merger or consolidation among banks to include provisions authorizing the delivery to each stockholder the amount of cash or securities of any other corporation, or combination thereof, by deletion of the existing section and inserting a new section; 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. That Code Section 13-1401, which is a part of Chapter 13-14 of the Code of Georgia, which is codified from Article XIII of the Banking Laws of Georgia relating to merger or consolidation of banks (originally enacted Ga. L. 1919, pp. 135, 178 as section 1 of said Article) is amended by striking the period at the end of such Code section 13-1401, inserting in lieu thereof a comma, and adding the following at the end of such Section: and shall provide the manner and basis of converting the shares of each merged or consolidated bank into shares or other securities or obligations of the surviving bank and, if any shares of any of the merged or consolidated banks are not to be converted solely into shares or other securities of the surviving bank, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for or upon the surrender of such shares, which cash or securities, may be in addition to or in lieu of the shares or other securities of the surviving bank. so that as amended, said section 13-1401 shall read as follows: 13-1401. Merger or Consolidation, How Accomplished. Any two or more banks are hereby authorized to merge one or more of said banks into another of them, or to consolidate in the following manner: Code 13-1401 amended.

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The respective boards of directors of said banks may enter into and make an agreement, under their corporate names and seals, for the merger of one or more of said banks into another of them, or for the consolidation of the contracting banks, prescribing the terms and conditions thereof, and the mode of carrying such merger or consolidation into effect, which agreement shall be subject to the approval of the Superintendent of Banks. Said agreement shall provide the name that such bank shall have, upon and after such merger or consolidation, which may be the name of any one of the banks merged or the combined names of two or more of the consolidated banks, or such other name as may be agreed upon, and shall name the persons, not less than three (3) nor more than twentyfive (25), who shall constitute the board of directors of such bank after the merger or consolidation shall have taken place, and until a new board of directors shall be elected by the stockholders, and shall provide for a meeting of the stockholders of the merged or consolidated banks within thirty (30) days after the merger or consolidation, to elect such board of directors, with such temporary provisions for conducting the affairs of the merged or consolidated banks meanwhile, as shall be agreed upon, and shall provide the manner and basis of converting the shares of each merged or consolidated bank into shares or other securities or obligations of the surviving bank and, if any shares of any of the merged or consolidated banks are not be converted solely into shares or other securities of the surviving bank, the amount of cash or securities of any other corporation, or combination of cash and such securities, which is to be paid or delivered to the holders of such shares in exchange for or upon the surrender of such shares, which cash or securities, may be in addition to or in lieu of the shares or other securities of the surviving bank. Section 2. That Code section 13-1405, which is part of Chapter 13-14 of the Code of Georgia, which is codified from Article XIII of the Banking Laws of Georgia relating to merger or consolidation of banks (originally enacted Ga. L. 1919, pp. 135, 180, as Section 4 of said Article) is amended by striking Code section 13-1405 in its entirety and inserting

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in lieu thereof a new Code section 13-1405 to read as follows: 13-1405. Surrender of Original and Issue of New Certificates of Stock. The bank into which the other or others have been merged, or the consolidated bank, as the case may be, shall have the right to require the return of the original certificates of stock held by each stockholder in each or either of the banks, and in lieu thereof (1) to issue to each stockholder new certificates for such number of shares of the bank into which the others shall have been merged, or of the consolidated bank, or (2) to cause to be paid or delivered to each stockholder the amount of cash or securities of any other corporation, or combination of cash and such securities, as provided under the agreement of merger or consolidation the said stockholder may be entitled to receive. Code 13-1405 amended. Section 3. This Act shall become effective upon its approval by the Governor or upon becoming law without his approval. Effective date. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. BANKS AND BANKINGBANK HOLDING COMPANIESVOTING STOCK IN OTHER BANKS PROVIDED. Code 13-207 Amended. No. 174 (House Bill No. 613) An Act to amend Article I of the Banking Laws of Georgia, as enacted by the General Assembly of Georgia by Act approved August 16, 1919 (Ga. L. 1919, pp. 135-222) as amended, and especially as amended by section 6 of an act of the General Assembly of Georgia approved February 9, 1960 (Ga. L. 1960, pp. 67-77) adding to Chapter 13-2

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of the Code of Georgia, which is codified from Article I of said Banking Laws of Georgia, a new section to be section 13-207 relating to bank holding companies and to the acquisition and ownership of bank shares or assets, so as to further define and prescribe situations in which it shall not be unlawful for companies to own or control more than 5% of the voting stock of a bank provided such ownership or control is approved by the Commissioner of the Department of Banking and Finance; 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. That Section 13-207(a), which was added to Chapter 13-2 of the Code of Georgia by act of the General Assembly of Georgia approved February 9, 1960 (Ga. L. 1960, pp. 67-77), be and the same hereby is amended by striking the period at the end of Code section 13-207(a) as set out in section 6 of said Act approved February 9, 1960, and inserting in lieu thereof a semicolon and adding at the end of said Section the following: or (D) to any action taken which results in a company becoming a bank holding company in a corporate reorganization involving an existing bank which is chartered under the laws of Georgia and which owns a bank holding company if, immediately after such reorganization, such company owns directly or indirectly no property other than (1) the shares of such bank, and (2) the property which such bank directly or indirectly owns, and if the reorganization is approved by the Commissioner of the Department of Banking and Finance as being not inconsistent with the purposes of this section. so that as amended, said section 13-207(a) shall read as follows: Section 13-207. Bank holding companies. (a) On and after the effective date of this section, it shall be unlawful

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(1) for any action to be taken which results in a company becoming a bank holding company as defined in this Title; (2) for any bank holding company to acquire or hold direct or indirect ownership or control of more than 5 per centum of the voting shares of any bank; (3) for any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank; or (4) for any bank holding company to merge or consolidate with any other bank holding company. Notwithstanding the foregoing, these prohibitions shall not apply (A) to shares of voting stock in banks or bank holding companies acquired, owned, controlled, or held on the effective date of this section, or shares of voting stock acquired after the effective date of this section as a result of the distribution of a stock dividend distributed in voting shares or as the result of the exercise and receipt of pre-emptive rights, provided that after the receipt of such stock dividend or exercise of pre-emptive rights, or both, the percentage of voting stock owned in such bank shall not exceed the percentage owned on the effective date of this section, or (B) to shares acquired by a bank (i) in good faith in a fiduciary capacity, except when such shares acquired after the effective date of this section are held for the benefit of the shareholders of such bank, or (ii) in the regular course of securing or collecting a debt previously contracted in good faith, but any shares acquired after the effective date of this section in securing or collecting any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired; or (C) to additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of the voting shares prior to such acquisition and prior to the effective date of this section; or (D) to any action taken which results in a company becoming a bank holding company in a corporate reorganization involving an existing bank which is chartered under the laws of Georgia and which owns a bank holding company if, immediately after such reorganization, such company owns directly or indirectly no property other than (1) the shares of such bank, and (2) the property which such bank directly or indirectly owns, and if the reorganization

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is approved by the Commissioner of the Department of Banking and Finance as being not inconsistent with the purposes of this section. Code 13-207 amended. Section 2. This Act shall become effective upon its approval by the Governor or upon becoming law without his approval. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. HEALTHGEORGIA STATE BOARD OF NURSING HOMES ACT AMENDED. No. 176 (House Bill No. 41) An Act to amend an Act creating the Georgia State Board of Nursing Homes, approved April 8, 1968 (Ga. L. 1968, p. 1143), as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 744), and an Act approved March 21, 1970 (Ga. L. 1970, p. 573), so as to authorize the Board to adopt rules and regulations; to authorize the Board to establish, provide or approve various education programs or courses for nursing home administrators; to provide for an advisory council; to provide for reciprocity; to provide for restoration of licenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia State Board of Nursing Homes, approved April 8, 1968 (Ga. L. 1968, p. 1143), as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 744), and an Act approved March 21, 1970 (Ga. L. 1970, p. 573), is hereby amended by adding a new subsection at the end of section 8, to be designated subsection (h), to read as follows:

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(h) Adopt such rules and regulations as shall be reasonably necessary for the implementation and enforcement of the provisions of this Act. The Board shall have the authority to establish, provide or approve various education programs or courses for nursing home administrators and to prescribe rules and regulations requiring applicants for licenses as nursing home administrators to attend such programs or courses as a prerequisite to their being admitted to the examination or issued a license, and requiring licensed nursing home administrators to attend such programs or courses as a prerequisite to their being issued any license renewal. Rules. Section 2. Said Act is further amended by adding a new section immediately following section 8, to be designated section 8A, to read as follows: Section 8A. The American College of Nursing Home AdministratorsGeorgia Chapter shall constitute an advisory council to the Georgia State Board of Nursing Homes, and the Georgia State Board of Nursing Homes shall be required to counsel with the advisory council in connection with the administration of the provisions of this Act. Advisory council. Section 3. Said Act is further amended by adding a new section immediately following section 9, to be designated section 9A, to read as follows: Section 9A. The Board may, for good cause shown and under such conditions as it may prescribe, restore a license to any person whose license has been suspended or revoked. Licenses. Section 4. Said Act is further amended by adding a new section immediately following section 10, to be designated section 10A, to read as follows: Section 10A. The Board, in its discretion and otherwise subject to the provisions of this Act and the rules and regulations of the Board promulgated thereunder prescribing the qualifications for a nursing home administrator license, may issue a license to a nursing home administrator

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who has been issued a license by the proper authorities of any state, or issued a certificate of qualification by any national organization, upon payment of a fee, to be fixed by the Board, which fee shall not exceed one hundred dollars ($100.00), and upon submission of evidence satisfactory to the Board (a) that such other state or national organization maintains a system and standard of qualifications and examinations for a nursing home administrator license or certificate which is substantially equivalent to those required in Georgia and (b) that such other state gives similar recognition and endorsement to nursing home administrator licenses of this State. Nursing Home Administrator license. 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, 1973. JURIESNUMBER OF JURORS ON PANEL IN FELONY TRIALS CHANGED, ETC. Code 59-801 Amended. No. 177 (Senate Bill No. 26). An Act to amend Code Section 59-801, relating to panels of jurors in felony trials, as amended, so as to change the provisions relative to jury panels in felony trials; to provide for a panel of 42 jurors; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Section 59-801, relating to panels of jurors in felony trials, as amended, is hereby amended by striking said Code Section, which reads as follows: 59-801. Panel of 48 jurors in felony trials; tales jurors. When any person shall stand indicted for a felony, the court shall have impaneled 48 jurors, 24 of whom shall be taken from the two panels of petit jurors, from which to select the jury. When the regular panels of petit jurors, or either of them, cannot be furnished to make up panels of 48 for the trial of felonies, because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case, the presiding judge shall cause said panels to be filled by summoning such numbers of persons, who are competent jurors, as may be necessary to make full the said panels. If the jury shall not be made up from said panel of 48, the court shall continue to furnish panels, consisting of such number of jurors as the court, in its discretion, may think proper, until a jury shall be obtained. In making up said panel of 48 jurors, or successive panels of any number, the presiding judge shall draw the tales jurors from the jury boxes of the county and order the sheriff to summon them., in its entirety, and inserting in lieu thereof a new Code section 59-801, to read as follows: 59-801. Panel of jurors in felony trials; tales jurors. When any person shall stand indicted for a felony, the court shall have impaneled 42 jurors from which the defense and prosecution may strike jurors. If for any reason, after striking from the said panel, there remains less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons, who are competent jurors, as may be necessary to provide a full panel. In making up said panel, or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and order the sheriff to summon them. Code 59-801 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973.

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JUDICIAL COUNCIL OF GEORGIA CREATED. No. 178 (Senate Bill No. 30). An Act to create a Judicial Council of the State of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the council; to provide for officers of the council and their terms; to provide for rules for the transaction of business; to create the Administrative Office of the Courts; to provide that such office shall serve as the staff for the Judicial Council; to provide for the appointment of a Director of the Administrative Office of the Courts and his compensation, duties, powers, authority and term of office; to provide for assistants, clerical and secretarial employees and their duties and compensation; to provide for the duties and authority of the Administrative Office of the Courts; to provide for annual reports; to provide that the provisions of this Act shall not be construed as limiting or affecting the authority of any court to appoint administrative or clerical personnel; to provide for other matters relative to the foregoing; to provide an effective date; to repeal an Act creating a Judicial Council of the State of Georgia, approved February 28, 1945 (Ga. L. 1945, p. 155); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created the Judicial Council of the State of Georgia. The council shall be composed of eleven members, nine of whom shall be judges of courts of record of the State. The two remaining members shall be the president of the State Bar of Georgia and the immediate past president of the State Bar of Georgia. The initial nine judicial members of the council shall be appointed by the Governor, with three such initial members being appointed for a term of four years, three such initial members being appointed for a term of three years, and three such initial members

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being appointed for a term of two years. Immediately prior to the expiration of a member's term of office as a member, the council shall elect a new member to succeed the member whose term is expiring. Following the terms of the initial members appointed by the Governor, the term of office of each judicial member of the council shall be for a period of four years. The initial members of the council shall take office on May 1, 1973, and succeeding members of the council shall take office on the first day of May following their election by the council. No judicial member of the council shall be eligible to succeed himself for a consecutive term as a member. The president and immediate past president of the State Bar of Georgia shall serve as members of the council only during their tenure as president or immediate past president of the State Bar of Georgia. Created. (b) In the event a vacancy occurs in the judicial membership of the council as a result of the death, resignation, retirement, removal or failure of re-election as a judge of a court of record, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon his election. Vacancy. Section 2. The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Organization. Section 3. There is hereby created the Administrative Office of the Courts, which shall serve as the staff for the Judicial Council. Administrative office. Section 4. The Judicial Council shall appoint a Director of the Administrative Office of the Courts, who shall serve

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at the pleasure of the Judicial Council. The director shall be the executive head of the Administrative Office of the Courts and shall perform such duties as provided in this Act or as may be delegated to him by the Judicial Council. The director shall devote his full time to his official duties. The director shall receive such compensation and expenses as may be authorized by the Judicial Council. With the approval of the Judicial Council, the director shall appoint such assistants, clerical and secretarial employees as are necessary to enable him to perform his duties and fix their compensation. Same, Director. Section 5. Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties: Duties. (a) Consult with and assist judges, administrators, clerks of court and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested. (b) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement. (c) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which shall be provided by the courts. (d) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation. (e) Act as fiscal officer and prepare and submit budget estimates of State appropriations necessary for the maintenance and operation of the judicial system. (f) Formulate and submit recommendations for the improvement of the judicial system.

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(g) Perform such additional duties as may be assigned by the Judicial Council. (h) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts. Section 6. The provisions of this Act shall not be construed as limiting or affecting the authority of any court. 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. An Act creating a Judicial Council for the State of Georgia, approved February 28, 1945 (Ga. L. 1945, p. 155), is hereby repealed in its entirety. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. CRIMINAL LAWBAILREFUSAL OFPROVISION MADE THAT GRAND JURY MUST HEAR CHARGE IN 90 DAYS. Code 27-701.1 Enacted No. 179 (Senate Bill No. 31). An Act to amend Code Chapter 27-7, relating to indictments, presentments, and waiver of the same, as amended, so as to provide that any person who is arrested for a crime and who is refused bail, shall, within the ninety days after confinement, be entitled to have the charge or accusation against him heard by a grand jury having jurisdiction over the defendant; to provide that in the event no grand jury considers the charges against the accused

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person within the ninety-day period of confinement, the accused shall have a bail set upon application to the court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 27-7, relating to indictments, presentments, and waiver of the same, as amended, is hereby amended by adding between Code section 27-701 and Code section 27-702, a new Code section to be numbered Code section 27-701.1, to read as follows: 27-701.1. Any person who is arrested for a crime and who is refused bail, shall, within the ninety days after the date of confinement, be entitled to have the charge or accusation against him heard by a grand jury having jurisdiction over the defendant. In the event no grand jury considers the charges against the accused person within the ninety-day period of confinement, the accused shall have a bail set upon application to the courts. Code 27-701.1 enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. CRIMINAL LAWUNSWORN STATEMENT LAW ABOLISHED. Code 27-405, 38-415, 26-401(a) Amended. No. 180 (House Bill No. 13). An Act to amend Code section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement, as amended by an Act approved February 28, 1962 (Ga. L. 1962, p. 453), and to amend Code section 38-415, relating to the statement of

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the accused in criminal trials and the procedure connected therewith, as amended by an Act approved February 27, 1962 (Ga. L. 1962, p. 133), and to amend Code section 26-401(a), relating to general definitions and the definition of the term affirmative defense, so as to abolish the right of the accused in criminal trials to make an unsworn statement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement, as amended by an Act approved February 28, 1962 (Ga. L. 1962, p. 453), is hereby amended by striking therefrom the following: ,and shall always permit the defendant to make his own statement of the transaction (not under oath) if he desires to do so. The weight to be given to such statement shall be entirely in the discretion and sound judgment of the court. Whenever such statement is made, it shall be the duty of the court to reduce it to writing, and return it with the other papers to the proper court in the event of a commitment. In the alternative, however, if, and by inserting in the first sentence following the words, by either party the following: ., and by inserting preceding the words, the prisoner wishes to testify and announces the following: If, so that when so amended Code section 27-405 shall read as follows:

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Section 27-405. The court shall hear all legal evidence submitted by either party. If the prisoner wishes to testify and announces in open court before any court of inquiry his intention to do so, he may so testify in his own behalf. If he so elects, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure. Code 27-405 amended. Section 2. Code section 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, as amended by an Act approved February 27, 1962 (Ga. L. 1962, p. 133), is hereby amended by striking therefrom the following: In all criminal trials, the prisoner shall have the right to make to the court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath, and shall have such force only as the jury may think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on cross-examination, should he think proper to decline to answer. In the alternative, however, if, and by inserting preceding the words, the prisoner wishes to testify the following: If, so that when so amended Code section 38-415 shall read as follows: 38-415. If the prisoner wishes to testify and announces in open court his intention to do so, he may so testify in his own behalf. If so, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior

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convictions shall be admissible unless and until the defendant shall have first put his character in issue. Evidence of prior felony convictions may be admitted in those cases where the same are alleged in the indictment as provided by law. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure. Provided, however, in the event the defendant elects to be sworn and examined, he shall not lose his right to open and conclude the argument to the jury, if he has not introduced other evidence in the trial. Code 38-415 amended. Section 3. Code section 26-401 is hereby amended by striking from subsection (a), relating to the definition of the term affirmative defense, the following: , or do so by his unsworn statement, so that when so amended, subsection (a) of Code section 26-401 shall read as follows: (a) `Affirmative Defense'. With respect to any affirmative defense authorized in this Title, unless the State's evidence raises the issue invoking the alleged defense, the defendant to raise the issue, must present evidence thereon. Code 26-401 amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. TORTSSEPARATE AND DISTINCT CAUSE OF ACTION FOR PERSONAL AND PROPERTY DAMAGES PROVIDED, ETC. Code Chapter 105-13A Enacted. No. 181 (House Bill No. 56). An Act to amend Code Title 105, relating to torts, as amended, so as to create a new Code Chapter 105-13A, relating

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to injuries to the person and to property resulting from motor vehicle collisions; to provide that any person receiving both physical injuries to the person and injuries to property resulting from a single wrongful or negligent act of another committed in the operation of a motor vehicle shall have a cause of action for such physical injuries to the person and a separate and distinct cause of action for the injuries to his property; to provide that a settlement of the claim or cause of action for property damage shall not bar an action for the physical injuries to the person arising from the same motor vehicle collision; to provide that a settlement of the claim or cause of action for personal injuries shall not bar an action for the property damage arising from the same motor vehicle collision; to provide that certain evidence shall not be admissible; 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 Title 105, relating to torts, as amended, is hereby amended by adding, following Code Chapter 105-13, a new Code Chapter, to be designated Code Chapter 105-13A, to read as follows: CHAPTER 105-13A INJURIES TO THE PERSON AND PROPERTY; MOTOR VEHICLE COLLISIONS 105-1301A. Causes of action. In cases arising from the wrongful or negligent operation of a motor vehicle in which the single wrongful or negligent act causes or results in both physical injuries to the person and injuries to the property of a person, such injured person shall have a separate and distinct cause of action against the person whose wrongful or negligent act caused such injury for such physical injury to the person and a separate and distinct cause of action for such injuries to his property. The injured party shall have the right, in his sole discretion, to prosecute each cause

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of action separately or to combine the two causes of action in one suit. Code 105-1301A enacted. 105-1302A. Settlements; evidence. If the two causes of action specified in Code section 105-1301A are tried separately, the fact that a settlement has been made or a judgment rendered in the action for property damage shall not be admissible in evidence in the action for physical injuries to the person. The fact that a settlement has been made or a judgment rendered in the action for the physical injuries to the person shall not be admissible in evidence in the action for property damage. Code 105-1302A enacted. 105-1303A. Settlements; effect. The settlement of a claim or cause of action arising from a motor vehicle collision for property damage shall not bar or otherwise affect the prosecution of the claim or cause of action for physical injury to the person. The settlement of a claim or cause of action arising from a motor vehicle collision for physical injury to the person shall not bar or otherwise affect the prosecution of the claim or cause of action for property damage. Code 105-1303A enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. CRIMINAL LAWSTATE MAY APPEAL CERTAIN JUDGMENTS, ETC. No. 182 (House Bill No. 95). An Act to provide to the State of Georgia a limited right to appeal certain orders, decisions and judgments in criminal cases; to provide which orders shall be appealable by the State of Georgia; to provide the procedure to be followed in said appeals; to provide that any demand for trial pending during said appeal shall be deemed to have been withdrawn, and may not be renewed until after a

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certain date; to provide the State a limited right of certiorari from one court to another court under certain circumstances; to provide the procedures connected with the foregoing; to provide for bail pending said appeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An appeal may be taken by and on behalf of the State of Georgia from the superior courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases in the following instances: Appeals. (a) From an order, decision or judgment setting aside or dismissing any indictment or information, or any count thereof. (b) From an order, decision or judgment arresting judgment of conviction upon legal grounds. (c) From an order, decision or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy. (d) In the case of motions made and ruled upon prior to the empanelling of a jury, from an order, decision or judgment sustaining a motion to suppress evidence illegally seized. Section 2. Other than from an order, decision or judgment sustaining a motion to suppress evidence illegally seized, in any appeal under the provisions of this Act where the order, decision or judgment is not final, it shall be necessary that the trial judge certify within 10 days of entry thereof that such order, decision or judgment is of such importance to the case that an immediate review should be had. Certification. Section 3. A proceeding by certiorari may be taken by and on behalf of the State of Georgia from one court to another court of this State, where the right of certiorari is

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provided as a procedure for appealing a judgment, in the specified situations set forth in the preceding section applying to appeals. Certiorari. Section 4. Said appeal by the State, except as otherwise provided for herein, and said certiorari by the State, when authorized by this Act, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases. Time. Section 5. In the event the State files an appeal as authorized in this Act, the accused shall be entitled to be released on reasonable bail pending the disposition of said appeal except in those cases punishable by death and the amount of such bail to be set by the court shall be reviewable on direct application by the court to which said appeal is taken. Bail. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. EVIDENCEAUTHENTICATION OF ACTS OF LEGISLATURE OF OTHER STATES PROVIDED, ETC. Code 38-627, 38-630 Amended. No. 183 (House Bill No. 946). An Act to amend Code Chapter 38-6, relating to records and public documents as evidence, so as to provide for the authentication of Acts of the legislature of any other state, territory or possession of the United States; to provide for the authentication, attestation, proof and admission of records and judicial proceedings of any court of any state, territory or possession, or copies thereof; to provide that such records and judicial proceedings, or copies thereof, so authenticated, shall be accorded full

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faith and credit; to provide for the proof and admission of records and judicial proceedings of courts, tribunals or quasi-judicial agencies; to provide for the proof and admission of nonjudicial records or books kept in any public office of any state, territory or possession of the United States; to provide for the attestation of such books or records; to provide for certificates; to provide for seals; to provide that such books or records, or copies thereof, so authenticated, shall be accorded full faith and credit; 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. Code Chapter 38-6, relating to records and public documents as evidence, is hereby amended by striking Code section 38-627, which reads as follows: 38-627. Laws and judicial proceedings of other States, how proved.The Acts of the legislature of any State or Territory, or any Country subject to the jurisdiction of the United States, shall be authenticated by having the seals of such State, Territory, or Country affixed thereto. The records and judicial proceedings of the court of any State or Territory, or of any such Country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, Chief Justice, or presiding magistrate, that the said attestation is in due form. The said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken., and inserting in lieu thereof a new Code section 38-627, to read as follows: 38-627. (a) The Acts of the legislature of any other state, territory or possession of the United States shall

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be authenticated by affixing the seal of such state, territory or possession thereto; provided however, nothing herein shall be construed as repealing or modifying section 43 of the Civil Practice Act, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended by an Act approved April 8, 1968 (Ga. L. 1968, p. 1104). The records and judicial proceedings of any court of any such state, territory or possession, or copies thereof, shall be proved or admitted in other courts within this State by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form. Code 38-627 amended. Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within this State as they have by law or usage in the courts of such state, territory or possession from which they are taken. (b) In lieu of the above, the records and judicial proceedings of any court, tribunal or quasi-judicial agency of any such state, territory or possession, or copies thereof, may also be proved or admitted in any court, tribunal, office or agency in this State when certified under the hand and seal (if any) of the judge, clerk or other official of such court, tribunal or quasi-judicial agency, and shall be given the same full faith and credit as above provided in subsection (a) hereof. Section 2. Said Code Chapter is further amended by striking Code section 38-630, which reads as follows: 38-630. Public books and records of other States, how proved.All records and exemplifications of books, which may be kept in any public office of any State or Territory, or any Country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other State or Territory, or in any such Country by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate

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of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the Governor, or secretary of State, the chancellor, or keeper of the great seal of the State, or Territory, or Country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such Governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or Country aforesaid, in which it is made. The said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or Country, as aforesaid, from which they are taken., and inserting in lieu thereof a new Code section 38-630, to read as follows: 38-630. (a) All nonjudicial records or books kept in any public office of any state, territory or possession of the United States, or copies thereof, shall be proved or admitted in any court or office in this State by the attestation of the custodian of such records or books, and the seal of his office annexed, if there be a seal, together with a certificate of a judge of a court of record of the county, parish, or district in which such office may be kept, or of the Governor, or Secretary of State, the chancellor or keeper of the great seal of the state, territory or possession that the said attestation is in due form and by the proper officers. Code 38-630 amended. If the certificate is given by a judge, it shall be further authenticated by the clerk or prothonotary of the court, who shall certify, under his hand and the seal of his office, that such judge is duly commissioned and qualified; or, if given by such Governor, Secretary of State, chancellor, or keeper of the great seal, it shall be under the great

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seal of the state, territory or possession in which it is made. Such records or books, or copies thereof, so authenticated, shall have the same full faith and credit in every court and office within this State as they have by law or usage in the courts or offices of the state, territory or possession from which they are taken. (b) In lieu of the above, the nonjudicial records or books kept in any public office of any state, territory or possession of the United States, or copies thereof, may also be proved or admitted in evidence in any court, tribunal, office or agency in this State when certified under the hand and seal (if any) by the officer or other official having custody or possession of the original thereof, and shall be given the same full faith and credit as above provided in subsection (a) 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 April 3, 1973. APPELLATE PRACTICE ACT AMENDEDNOTICE OF APPEAL TO CONTAIN STATEMENT OF JURISDICTION OF COURT, ETC. No. 184 (House Bill No. 947). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing appellate and other post trial procedure in civil and criminal cases, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended, particularly by an Act approved March 15, 1966 (Ga. L. 1966,

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p. 493), so as to provide that a notice of appeal shall contain a concise statement of why the court appealed to has jurisdiction; to provide for additional forms for notices of appeal in civil and criminal cases; 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 comprehensively and exhaustively revising, superseding and modernizing appellate and other post trial procedure in civil and criminal cases, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended, particularly by an Act approved March 15, 1966 (Ga. L. 1966, p. 493), 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. An appeal may be taken by filing with the clerk of the court wherein the case was determined a notice of appeal. The notice shall set forth the title and docket number of the case, the name of appellant and the name and address of his attorney, a concise statement of the judgment, ruling or order entitling the appellant to take an appeal, the court appealed to, a designation of those portions of the record to be omitted from the record on appeal, a concise statement as to why the appellate court appealed to has jurisdiction rather than the other appellate court, and, if the appeal be from a judgment of conviction in a criminal case, a brief statement of the offense and the punishment prescribed. The appeal shall not be dismissed nor denied consideration because of failure to include the jurisdictional statement, or because of a designation of the wrong appellate court. In addition, the notice shall state whether or not any transcript of evidence and proceedings is to be transmitted as a part of the record on appeal. Approval by the court is not required as a condition to filing the notice. All parties to the proceedings in the lower court shall be parties on appeal, and shall be served with a copy of the notice of appeal in the manner hereinafter prescribed. Appeals.

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Section 2. Said Act is further amended by inserting in paragraph (a) and paragraph (b) of section 2, preceding the following: Dated:....., 19......, the following: This Court, rather than the (Court of Appeals or Supreme Court) has jurisdiction of this case on appeal for the reason that......, Forms. so that when so amended, paragraphs (a) and (b) of section 20 shall read as follows:

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973. GEORGIA HALL OF FAMEBUST OF JULIETTE GORDON LOWPLACEMENT AUTHORIZED. No. 9 (House Resolution No. 256-978). A Resolution. Authorizing the placing of a bust of Juliette Gordon Low, founder of the Girl Scouts of the United States of America, in the Georgia Hall of Fame at the State Capitol; and for other purposes. Whereas, Juliette Gordon Low, born in Savannah on October 31, 1860, the descendant of a family distinguished in the history of Georgia, founded the first Girl Scout troop in America, consisting of 18 members, in Savannah on March 12, 1912, and led in the establishment of the Girl Scouts of the United States of America; and Whereas, some 32 million Americans have been registered as members of the Girl Scouts of the United States of America over the years; and Whereas, the Girl Scouts of the United States of America, on behalf of its 3,700,000 members, including 54,000 in the State of Georgia, has offered to donate to the State of Georgia a marble bust of Juliette Gordon Low; and Whereas, this illustrious daughter of Georgia has never been suitably honored by her native state by any tangible evidence of her greatness; and

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Whereas, the rotunda of the State Capitol Building has been designated as the Georgia Hall of Fame, and this would be an ideal place to honor this great Georgian. Now, therefore, be it resolved by the General Assembly of Georgia that a marble bust of Juliette Gordon Low, founder of the Girl Scouts of the United States of America, be placed in the Georgia Hall of Fame. Be it further resolved that a committee be appointed composed of two members of the House of Representatives to be named by the Speaker, and two members of the Senate to be named by the President of the Senate, the Arts Advisor to the Governor, and the Secretary of State who is hereby designated chairman of the committe to accomplish the objectives and purposes of this Resolution. Be it further resolved that there is also created an Advisory Committee to be composed of four Girl Scout representatives from Georgia to be appointed by Girl Scouts of the United States of America to advise and consult with the committee created by this Resolution. Approved April 3, 1973. CHILDRENPROVISIONS EXPANDED REGARDING REPORTS OF CRUEL TREATMENT OF CHILDREN. Code 74-111 Amended. No. 185 (House Bill No. 375). An Act to amend Code section 74-111, relating to reports of cruel treatment of children, as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1196), so as to include employees of local public school systems and the State Department of Education and other persons among those parties permitted to report cases of cruel treatment of children with immunity from civil or criminal liability;

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to require such persons to report to the county health officer or a licensed physician; to change the age of such children covered by the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 74-111, relating to reports of cruel treatment of children, as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1196), is hereby amended by striking subsection (a) in its entirety and substituting in lieu thereof the following: 74-111. (a) Reports by Physicians, other treating personnel, and Institutions. Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia of 1933, as amended, licensed osteopathic physician, intern, resident, dentist, podiatrist, public health nurse, welfare worker, employee of a local public school system or the State Department of Education, county or municipal recreation personnel, or other person charged with the responsibility for the health, welfare or education of a child, having cause to believe that a child under the age of eighteen brought to him or coming before him for examination, care or treatment has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, shall report or cause reports to be made in accordance with the provisions of this Section; provided, however, that when the attendance of a physician with respect to a child is pursuant to the performance of services as a member of the staff of a hospital or similar institution he shall notify the person in charge of the institution or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this Section; and provided, further, that when an apparently abused child has been seen by a public health nurse, welfare worker, employee of a local public school system or the State Department of Education, or other person charged with the responsibility for the health, welfare or education of a child, then said person shall report his or her observation to the county health officer or, if none, to any licensed physician

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who shall, after examination and if he concurs that the injuries were inflicted by other than accidental means, report or cause reports to be made in accordance with the provisions of this Section. Code 74-111 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1973. GEORGIA COMMISSION FOR NATIONAL BICENTENNIAL CELEBRATION REESTABLISHED, ETC. No. 187 (House Bill No. 926). An Act to recreate and reestablish within the Department of the Secretary of State, the Georgia Commission for the National Bicentennial Celebration; to provide for the membership of said Commission; to provide for the appointment, duties, expenses and compensation of members of said Commission; to provide for the appointment, duties and compensation of an Executive Director of said Commission; to provide for the filling of vacancies in the membership of said Commission; to provide for a Chairman and other officers of the Commission; to provide for the duties, powers and purpose of the Commission; to provide for the acceptance, investment and disbursement of grants and gifts; to provide for other matters relative thereto; to provide an effective date; to repeal a resolution creating the Georgia Commission for the National Bicentennial Celebration, approved April 28, 1969 (Ga. L. 1969, p. 1074); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The Georgia Commission for the National Bicentennial Celebration, created pursuant to a resolution

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creating said Commission, approved April 28, 1969 (Ga. L. 1969, p. 1074), is hereby recreated and reestablished within the office of the Secretary of State. Said Commission shall be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House of Representatives. There shall be thirteen members appointed by the Secretary of State, on from the membership of each of the following organizations: Reestablished. (1) Children of the American Revolution; (2) Daughters of the American Revolution; (3) Georgia Association of County Commissioners; (4) Georgia Business and Industry Association; (5) Georgia Historical Society; (6) Georgia Municipal Association; (7) Georgia Press Association; (8) Georgia State Chamber of Commerce; (9) Sons of the American Revolution; (10) Sons of the Revolution; (11) The Society of the Cincinnati in the State of Georgia; (12) The Georgia Association of Broadcasters; and (13) Georgia Regional Executive Directors Association; and six citizens from the State at large, three to be appointed by the Governor, and three by the Secretary of State. The Secretary of State, the Director of the Department of Archives and History, the State Superintendent of the Department of Education, the Commissioner of the

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Department of Community Development, the Commissioner of the Department of Natural Resources, the Commissioner of the Department of Transportation, the Governor's Advisor on the Arts, the Director of the Office of Planning and Budget, the Secretary of the Georgia Historical Commission, and the Chancellor of the University System of Georgia shall be ex officio members of the Commission. (b) Vacancies in the membership of the Commission shall be filled in the same manner in which the original appointments were made. (c) The Commission shall elect a Chairman and such other officers as it may deem necessary at the first meeting of the Commission in each calendar year. Members of the Commission shall receive no compensation for their services but may be reimbursed for actual expenses incurred in attendance at official Commission meetings. Section 2. There is hereby created the office of Executive Director to the Georgia Commission for the National Bicentennial Celebration Commission. The Executive Director shall be appointed by the Secretary of State and confirmed by the said Commission for a term of two years; and may be reappointed and reconfirmed at the expiration of any two-year term. The Executive Director may be removed from office by the Secretary of State, upon recommendation of the said Commission, upon notice and hearing, for neglect of duty or malfeasance in office. Upon the removal from office of the Executive Director for cause shown, or upon the resignation or death of the Executive Director, the Secretary of State shall appoint a new Executive Director for a term of two years (subject to confirmation by said Commission) from the date of appointment. If a person is removed from the office of Executive Director for cause shown, he shall not thereafter be appointed or reappointed or serve as Executive Director or as a member of the Commission. The Executive Director shall be paid an annual salary designated by the Secretary of State and approved by the Commission, and shall in addition be entitled, upon approval by the Secretary of State, to receive

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his reasonable expenses for travel on the business of the Commission either within or without the State of Georgia. Executive Director. Section 3. (a) The Executive Director shall devote his full time and service to the Commission and to the business thereof, and shall be responsible to the Commission for the execution of their directions and the carrying out of their policies. Duties. (b) The Executive Director shall attend all meetings of the Commission and keep accurate records of all meetings and business transacted by the Commission. (c) The Executive Director shall perform such other acts and duties as may be assigned to him or required of him by the Commission or by law. (d) The Executive Director shall, subject to the general supervision of the Commission, have charge of all of the employees of the said Commission and may assign and prescribe the duties of each of such employees. Section 4. The Commission shall maintain an office and keep permanent and complete records of its proceedings, meetings, hearings, orders, and decisions; also, subject to the approval of the Secretary of State, the Commission shall employ such assistants, technical, clerical or otherwise, and such other employees as the Commission in the exercise of its discretion, shall deem necessary or proper to the effectual discharge of the duties and the exercise of the powers of the Commission enumerated in this Act; and further, subject to the approval of the Secretary of State, the Commission may discharge any such employees; fix, prescribe, and change the compensation and duties of any such employees. Office. Section 5. (a) It shall be the duty of the Commission to cooperate with the American Revolution Bicentennial Celebration Commission, the Bicentennial Council of the Thirteen Original States, and with other national, regional, State and local groups to prepare an overall program for the commemoration

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of the Bicentennial of the American Revolution. The Commission shall plan, encourage, develop and co-ordinate observances and activities commemorating the historic events that precede or are associated with the American Revolution. In its planning, the Commission shall give special emphasis to the Georgians who played important roles in the development of the United States who were prominent in world affairs and in mankind's quest for freedom. Powers. (b) The Commission is hereby authorized and empowered to enter into contracts with both public and private parties in connection with the exercise and powers and duties of the Commission. (c) The Commission is hereby authorized and empowered to cooperate with, counsel and advise local societies, organizations or groups staging celebrations, festivals, pageants or commemorative events. (d) The Commission is authorized and empowered to co-ordinate any of its objectives, events or functions with those of any agency or agencies of the federal government, this State, other states and local governments having duties, powers or objectives similar to or related to those of the Commission, and to cooperate with, counsel and advise such agencies. (e) The Commission shall promote and assist in the publicizing of the historical events surrounding the American Revolution and may prepare and furnish historical material to individuals, organizations or agencies charged with such publicity. (f) The Commission is hereby authorized and empowered to accept grants or gifts from the federal government, the State government, any county, municipal or local government, any board, bureau, commission, agency, authority or establishment of any such government, or from any individual, group of individuals, or any other organization, public or private, and shall have the authority to hold, invest, reinvest and disburse such grants and gifts and the income derived

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from such grants and gifts in carrying out the objectives and purposes of the Commission, and shall not be required to pay such grants and gifts or the income derived therefrom into the general fund of the State Treasury. (g) The Commission shall have the authority to protect, preserve, display or store objects connected with the American Revolution which are of historical significance or importance. (h) The Commission may encourage the dissemination of historical facts through the publication of reports of historical significance. (i) The Commission shall be authorized and empowered to make such rules and regulations and perform such other activities as shall be necessary or appropriate in carrying out the purposes and duties of the Commission. Section 6. The Commission shall make reports of its activities to the Governor and to the General Assembly with any recommendations which it may wish to make, from time to time. Reports. Section 7. The Georgia Commission for the National Bicentennial Celebration created pursuant to the provisions of this Act shall terminate and shall cease to exist on December 31, 1989. 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. A resolution creating the Georgia Commission for the National Bicentennial Celebration, approved April 28, 1969 (Ga. L. 1969, p. 1074), is hereby repealed in its entirety. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1973.

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STONE MOUNTAIN JUDICIAL CIRCUITDeKALB COUNTYNUMBER OF SUPERIOR COURT TERMS INCREASED. No. 188 (House Bill No. 17). An Act to amend an Act providing for four terms of the Superior Court of DeKalb County annually, approved July 29, 1912 (Ga. L. 1912, p. 89), so as to provide for six terms of the Superior Court of DeKalb County annually; to establish the date for beginning each of the six terms of court; to repeal the provision for drawing a Grand Jury for two terms only; to repeal the provisions for return and for trial of cases at specific terms of court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for four terms of the Superior Court of DeKalb County annually, approved July 29, 1912 (Ga. L. 1912, p. 89), is hereby amended by striking section 1 in its entirety, which reads as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act there shall be held in each year four terms of the Superior Court for the County of DeKalb in the Stone Mountain Circuit., and substituting in lieu thereof, the following: Section 1. The Superior Court of DeKalb County shall hold six terms of court annually. The terms shall begin on the first Monday in January, March, May, July, September and November. Terms. Section 2. Said Act is further amended by striking section 2 in its entirety, which reads as follows: Section 2. Be it further enacted, That the term of said Court shall begin on the first Monday in March, first Monday

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in June, first Monday in September, and the first Monday in December in each year. Section 3. Said Act is further amended by striking section 3 in its entirety, which reads as follows: Section 3. Be it further enacted, That the Judge shall only draw a Grand Jury for the March and September terms of said Court; provided, that the presiding Judge, in his discretion, may require the attendance of the Grand Jury at the June and December terms, or either of them, if the business of the Court should require it; but the duties of the said Grand Jury shall not require them to perform any other service at said June or December terms than they shall be by the presiding Judge especially charged with. Section 4. Said Act is further amended by striking section 4 in its entirety, which reads as follows: Section 4. Be it further enacted, That all cases brought in the Superior Court of DeKalb County shall be made returnable to the term beginning next after twenty days have elapsed from the filing of the suit, and all cases shall be triable at the next term after such return term. Section 5. This Act shall become effective on May 1, 1973. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1973. BURIAL PLACESPERMITS TO DISTURB MUST BE OBTAINED. No. 189 (House Bill No. 111). An Act to provide the procedures whereby a permit must be obtained in order to disturb any place of known burial of

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human remains for the purposes of developing such land; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When it shall be necessary for the purposes of developing any land which is used as the known burial place of any human remains to disturb any such place of burial, no such place of burial shall be disturbed unless a permit from the governing authority of the city or county wherein the burial place is located shall first be obtained. The governing authority shall not issue any such permit unless the governing authority shall first review the plans of the applicant for the permit for the proper reinterment of such remains in order to determine that suitable arrangements for such reinterment have been made and that such proper reinterment will be accomplished. In the event the governing authority does not believe that such plans are adequate to ensure the above, no such permit shall be issued. Permit. Section 2. Any person who shall fail to comply with 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. Approved April 6, 1973. NORTH GEORGIA MOUNTAIN AUTHORITY ACT AMENDED. No. 193 (Senate Bill No. 230). An Act to amend an Act which created the North Georgia Mountains Authority (Ga. L. 1968, p. 297, et seq.), so as to provide for the membership, officers, bylaws, quorum,

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compensation and expenses, and employees of said Authority; to provide that the Attorney General shall provide legal services for the Authority; 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 which created the North Georgia Mountains Authority (Ga. L. 1968, p. 297, et seq.), is hereby amended by striking in its entirety section 3 of said Act and substituting in lieu thereof a new section 3 to read as follows: Section 3. The Authority shall consist of fifteen (15) members. These fifteen (15) members shall be the same persons that comprise the State Board of Natural Resources. The Authority shall elect one of its members as chairman and another as vice chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. Bylaws. Any eight members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted by this Chapter. No vacancy on the Authority shall impair the right of a quorum to transact any and all business as aforesaid. The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the Authority. Quorum. The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses incurred while in the performance of their duties. Employees

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of the Authority shall receive reasonable compensation, to be determined by the members of the Authority, for their services. Expenses. Section 2. Said Act is further amended by deleting the words and attorney from subsection (d) of section 5 (Ga. L. 1968, pp. 297, 300), so that, as amended, subsection (d) of section 5 shall read as follows: (d) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and fix their compensation; Officers, etc. Section 3. Said Act is further amended by adding a new section 5A to read as follows: Section 5A. The Attorney General shall provide legal services for the Authority and in connection therewith the provisions of Ga. L. 1969, p. 484, shall be fully applicable. Legal services. 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 6, 1973. CONVEYANCE OF EASEMENT TO SOUTHERN NATURAL GAS COMPANY IN CERTAIN LAND IN CHATHAM COUNTY AUTHORIZED. No. 10 (Senate Resolution No. 111). A Resolution. Authorizing the State Properties Control Commission, for and on behalf of the State of Georgia, to grant and convey

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to Southern Natural Gas Company, a Delaware corporation domesticated in the State of Georgia, its successors and assigns, easements over, under, across and through certain properties owned or claimed by the State of Georgia and located in Chatham County, Georgia, for the construction, installation, operation, repair, removal and replacement of facilities and improvements to be used in connection with the receiving, storage, regasification or manufacture of liquefied natural gas or synthetic natural gas, and the transmission of gas after regasification or manufacture thereof, to be built over, under, across or through such State owned or claimed properties; and for other purposes. Whereas, Southern Natural Gas Company and its wholly-owned subsidiary, Southern Energy Company, also a Delaware corporation domesticated in the State of Georgia, propose to construct on, near, extending to or from or in the vicinity of Elba Island in Chatham County, Georgia, improvements and facilities requisite for the receiving, storage and regasification of liquefied natural gas and for the transmission of natural gas after such regasification; and Whereas, such improvements and facilities shall consist of, among other things, (a) an access roadway or causeway with bridges crossing Habersham Creek and the South Channel of the Savannah River to provide a means of vehicular access and passage to, from and between Islands Expressway and Elba Island, (b) a finger pier, extending northeastward into the Savannah River from the northeastern side of Elba Island, (c) a mooring and docking facility, to accommodate tankers containing liquefied natural gas extending northeastward from the northeast side of Elba Island into the Savannah River, and (d) two parallel natural gas transmission pipelines to extend from Elba Island in a direction generally northwestward across the Savannah River and across Barnwell Island and proceeding generally northwestward approximately 10 miles in Jasper County, South Carolina then re-entering Chatham County, Georgia and running

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in a direction generally westward terminating at a common point of proposed connection with existing facilities owned by Southern Natural Gas Company located near Port Wentworth in Chatham County, Georgia; said pipelines crossing enroute, (in addition to Savannah River and Barnwell Island and certain privately owned lands), the Savannah National Wildlife Refuge, Little Back River, Middle River and Front River; and Whereas, the State of Georgia claims title to Barnwell Island situated in Chatham County, Georgia and to the beds of all waterways and marshlands within boundaries of the State of Georgia over, through, across or under which said improvements and facilities are to be constructed; and Whereas, except as provided by legislative act, the State Properties Control Commission may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through or across State-owned properties, for any term exceeding one year; and Whereas, the State of Georgia is willing to grant and convey such easements in consideration of the monetary sum specified herein and for the further consideration of the easements containing such terms and conditions as the State Properties Control Commission shall determine to be in the best interests of the State of Georgia. Be it resolved by the General Assembly of Georgia that for and in consideration of the premises and the payment into the General Treasury of the State of Georgia the sum of one thousand dollars ($1,000.00), the State Properties Control Commission, by its Chairman for and on behalf of the State of Georgia, is hereby authorized to convey to Southern Natural Gas Company, a Delaware corporation domesticated in the State of Georgia, its successors and assigns, easements, with the right and privilege for itself, its successors and assigns and it wholly-owned subsidiary, Southern Energy Company, to use, occupy,

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employ and enjoy, for the purposes of constructing, installing, operating, maintaining, repairing, removing and replacing any and all facilities and improvements that shall be reasonably necessary for or in connection with the receiving, storage, regasification or manufacture of liquefied natural gas or synthetic natural gas, and for the transmission of gas after regasification or manufacture thereof, across, under, over and through the beds or bottoms of the Savannah River, and South Channel thereof, Habersham Creek, the Little Back River, the Middle River, and that portion of the Savannah River known as the Front River, and through and across certain marshlands adjacent to the said waterways, all in Chatham County, Georgia, and through and across Barnwell Island situated in Chatham County, Georgia, subject always to their initial and continuing compliance with all applicable laws pertaining to the subject matter hereof and to the properties affected hereby, and subject always to the use and enjoyment by the public of all marshlands and streams involved herein, the properties subject to said easements being more particularly described as follows: Parcel One: Easement area for access roadway or causeway and bridges to provide a means of vehicular access to, from and between Islands Expressway and Elba Island: Such of the lands owned or claimed by the State of Georgia (comprising portions of the beds or bottoms of Habersham Creek and of South Channel of Savannah River and certain marshlands adjacent thereto or in the vicinity thereof) as shall be requisite to the establishment of a continuous right-of-way, 150 feet in width, extending from Islands Expressway (also known as U. S. No. 80 Toll Highway) to Elba Island in Chatham County, Georgia, for the purposes of enabling Southern Natural Gas Company to construct and maintain therein a road or causeway and continuous way of access for vehicular travel and transportation to, from and between Islands Expressway and Elba Island (with bridges crossing over

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Habersham Creek and South Channel of Savannah River) along a route described in general terms as follows: From a point of intersection with the north line of the right-of-way of Islands Expressway (to be located somewhere between the existing access road leading to the American Cyanamid Company's plant and the Wilmington River) proceeding thence in a general northeasterly direction across lands lying northwest of Wilmington River formerly known as Deptford Plantation and/or Caustens Bluff Plantation to an intersection with Habersham Creek (near its confluence with Wilmington River) and thence crossing Habersham Creek and proceeding in a general northeasterly direction across lands formerly known as Deptford Plantation and/or Caustens Bluff Plantation and Sedgebank Plantation to an intersection with the South Channel of Savannah River opposite Elba Island, (said intersection to be somewhere between Mackeys Point and the confluence of St. Augustine Creek of Wilmington River with the said South Channel of Savannah River) thence proceeding across the South Channel of Savannah River in a general northeasterly direction to Elba Island and extending in a general easterly direction on said Elba Island to the proposed regasification plant and terminal facilities to be constructed thereupon. The specific location of the route and the centerline of such right-of-way, 150 feet in width, which shall be subject to the approval of the State Properties Control Commission, shall be determined in accordance with a subsequent survey or surveys to be made by Southern Natural Gas Company, plat of which said survey or surveys when completed shall be submitted to the State Properties Control Commission for its approval as aforesaid. Parcel Two: Easement area for finger pier: Commence at a United States Coast and Geodetic Survey Station Venus 2 (U.S.E.) having plane coordinate values of X = 878,673.88, Y = 752,165.07, thence N 55 14[prime] 49[Prime] W for a distance of 19,458.66 feet to the point of beginning, said point having plane coordinate values of

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X = 862,687.00 and Y = 763,258.00, thence N 37 46[prime] 27[Prime] W for a distance of 697.08 feet to a point having plane coordinate values of X = 862,260.00, Y = 763,809.00. Thence S 48 40[prime] 00[Prime] W to the mean high water mark of the Savannah River, thence southeasterly along a line following the mean high water level to a point which lies S 48 40[prime] 00[Prime] W of the point of beginning, thence N 48 40[prime] 00[Prime] E to the point of beginning. The location herein described being located on the east side of Elba Island, Chatham County, Georgia. Bearings used in this description refer to Grid North. Parcel Three: Easement area for mooring facilities: Commence at a United States Coast and Geodetic Survey Station Venus 2 (U.S.E.) having plane coordinate values of X = 878,673.88, Y = 752, 165.07, thence N. 60 43[prime] 53[Prime] W for a distance of 16,380.57 feet to the point of beginning said point having plane coordinate values of X = 864,384.50, Y = 760,173.60, thence N 23 33[prime] 55[Prime] W for a distance of 1934.75 feet to a point having plane coordinate values of X = 863,611, Y = 761,947, thence S 66 26[prime] 05[Prime] W to the mean high water mark of the Savannah River. Thence southeasterly along a line following the mean high water level to a point which lies S 66 26[prime] 05[Prime] W of the point of beginning, thence N 66 26[prime] 05[Prime] E to the point of beginning. The location herein described being located on the east side of Elba Island, Chatham County, Georgia. Bearings used in this description refer to Grid North. Parcel Four: Easement area for transmission pipelines: Such of the lands owned or claimed by the State of Georgia (comprising portions of the beds and bottoms of Savannah River, Little Back River, Middle River and Front River and certain marshlands adjacent thereto situated in Chatham County, Georgia and a portion or portions of Barnwell Island situated in Chatham County, Georgia as shall (upon final determination of the specific route as hereinafter provided) be encompassed within the boundaries

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of a continuous right-of-way 150 feet in width, extending approximately 13.25 miles from Elba Island (situated east of the City of Savannah in Chatham County, Georgia) to Southern Natural Gas Company's Savannah Regulator Station Site (situated near Port Wentworth in Chatham County, Georgia) the establishment of which said right-of-way is requisite to enable Southern Natural Gas Company to construct, operate, and maintain therein two certain presently proposed parallel transmission pipelines extending from a common point of origin at the proposed location of certain terminal facilities to be constructed on Elba Island to a point of connection with existing facilities near Port Wentworth at the said Savannah Regulator Station Site, the said pipelines and right-of-way to follow generally along a route described in general terms as follows: From point of origin on Elba Island, situated in Chatham County, Georgia, proceeding in a general northwesterly direction and crossing under the Savannah River into Jasper County, South Carolina (said river crossing to be within that stretch of the Savannah River known as Ft. Jackson Range) and thence proceeding in a general northwesterly direction across Barnwell Island (situated in Chatham County, Georgia) and thence proceeding in a general northwesterly direction, in Jasper County, South Carolina, across certain privately-owned lands and across certain lands owned by the United States of America (comprising a part of Savannah National Wildlife Refuge) and thence proceeding in a general northwesterly direction crossing under Little Back River and again entering Chatham County, Georgia (said river crossing being approximately one quarter mile northerly of Hog Island) and thence proceeding in a general direction northwesterly and northerly on that portion of the Savannah National Wildlife Refuge known as Argyll Island to a point of intersection with U. S. Highway No. 17 (a short distance easterly of Middle River) and thence proceeding in a general northerly direction across the right-of-way of said U. S. Highway No. 17 on said Argyll Island continuing northerly a short distance and then proceeding in a general westerly direction approximately parallel with the right-of-way of said U. S. Highway No. 17 and crossing under Middle

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River and thence proceeding in a general westerly direction approximately parallel with U. S. Highway No. 17 and northerly thereof across that part of the Savannah National Wildlife Refuge known as Onslow Island and thence crossing under that portion of Savannah River known as Front River and proceeding in a general direction westerly, southwesterly and northwesterly (and crossing certain privately-owned lands situated northwesterly of Port Wentworth and southerly of St. Augustine Creek) to Southern Natural Gas Company's Savannah Regulator Station Site (being a certain tract of land owned by Southern Natural Gas Company situated in Chatham County, Georgia abutting upon the eastern side of Georgia Highway No. 21 near the town of Port Wentworth). The specific location of the route and centerline of such right-of-way, 150 feet in width, which shall be subject to the approval of the State Properties Control Commission, shall be determined in accordance with a survey or surveys to be made by Southern Natural Gas Company, plat of which survey or surveys, when completed, shall be submitted to the State Properties Control Commission for its approval as aforesaid. Approved April 6, 1973. REVENUEMALT BEVERAGESEXCISE TAX TO BE IMPOSED BY MUNICIPALITIES AND COUNTIES, ETC. No. 194 (House Bill No. 329). An Act to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for certain exceptions; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages; to provide for the manner and method of collection

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and payment of such taxes; to provide for credits for taxes previously paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, is hereby amended by adding between sections 5 and 6 a new section to be knwon as section 5A to read as follows: Section 5A. (a) Municipalities and counties permitting the sale of malt beverages are hereby directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of not less than three and one-half cents (3.5) nor more than five cents (5) per 12 ounces, or proportionately thereof, so as to graduate the tax on bottles, cans and containers of various sizes; provided, however, in the event that any excise tax imposed by any municipality or county as of December 1, 1972, exceeded the tax rate set forth above, such municipality or county may continue to impose such tax at that rate. Excise tax. (b) The excise tax provided for in subsection (a) shall be imposed upon and shall be paid by the licensed wholesale dealer in malt beverages. Such taxes shall be paid by such dealer on or before the 10th day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality and/or county by said wholesale dealer. (c) Each licensee responsible for the payment of the excise tax shall file a report showing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, constituting a beginning and ending inventory for the month sold within each municipality and/or county. The licensee shall file the report with each municipality and/or county wherein such beverages are sold by said licensee.

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(d) The wholesaler shall remit to such municipality and/or county on the 10th day of the month next succeeding the calendar month in which such sales were made the tax imposed by the municipality and/or county. No city or county other than that in which the business of a wholesale dealer is located may charge any license fee or any other tax or fee in lieu of a license fee against such wholesale dealer in excess of $100. (e) No decal, stamp, or other marking may be required on malt beverages designating the particular city or county wherein a sale of malt beverages is made, or wherein resides a licensed retailer to whom said beverages are delivered. (f) On or before the first day of the first calendar month in which this tax shall apply, each wholesale dealer doing business in this State shall deliver to, and take receipt from, the various counties and municipalities in which it does business, all unused county or municipal tax stamps, lids, or other indicia of tax payment in its possession upon which the tax has been paid and for which it intends to claim a refund, together with such affidavits and other proof as the licensing authority of the county or municipality may reasonably require showing possession by such wholesale dealer of tax stamps, lids, or other indicia of tax payment in its possession acquired and affixed to containers of malt beverages prior to the effective date of this Act, for which such wholesale dealer intends to claim a refund. There shall be allowed as a credit against taxes due under the reporting system to each municipality, or county, upon delivery of an equivalent amount of unused stamps, lids or other indicia of tax payment, or affidavits of possession of stamps affixed to containers of malt beverages, one-twelfth (1/12) of the amount listed in the certificate so filed. Wholesale dealers may thereafter, at thirty-day intervals, obtain an additional credit of one-twelfth (1/12) of their refund total until their entire amount, as shown on their certificates, is credited in full against liabilities for taxes arising under this Section.

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(g) The State Revenue Commissioner shall have the authority to enforce the provisions of this Act. Section 2. The proceeds of the tax imposed by this Act in excess of that amount imposed on December 1, 1972, in any county with a population of not less than 162,000 nor more than 165,000, according to the 1970 United States Decennial Census, or any such future Decennial Census, or in any city within such county, shall be used for the construction of a coliseum or civic center. Any consolidated government in existence on the effective date of this Act shall use such excess over the amount levied locally on December 1, 1972, for construction and/or operation of a convention center. Special provisions. 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 be 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 9, 1973.

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STATE EMPLOYEESHEALTH INSURANCEMAXIMUM PERMISSIBLE PARTICIPATION INCREASED, ETC. No. 196 (House Bill No. 55). An Act to amend an Act, relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 277) and by an Act approved February 6, 1970 (Ga. L. 1970, p. 9), so as to increase the maximum permissible participation and contribution in the health insurance plan for employees by the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 277), and by an Act approved February 6, 1970 (Ga. L. 1970, p. 9), is hereby amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. During any period in which an employee is covered under this Act prior to the date of his retirement, there shall be withheld from each salary payment, or other compensation, of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The various departments, boards, and agencies of the State Government shall contribute to this health insurance fund such portions of the cost of such

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benefits as may be established by the State Personnel Board as funds become available in each department, board and/or agency not exceeding the sum of three per centum of the total outlay for personal services in addition to an amount to be established by the Board to defray the cost of administration and the State's portion of the cost of benefits payable for annuitants. The Legislative Fiscal Officer shall contribute to this health insurance fund as an employer payment for and on behalf of all members of the General Assembly of the State of Georgia and its administrative and clerical personnel. The Department of Administrative Services shall contribute to said fund as an employer payment for and on behalf of District Attorneys of the superior courts of the State of Georgia. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the State Personnel Board as a per centum of the total outlay for services rendered by members of the General Assembly of the State of Georgia, its administrative and clerical personnel, and the District Attorneys of the superior courts of the State of Georgia, and in addition thereto, an amount to be established by the Board to defray the cost of administration. Costs. 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 9, 1973. WILD FLOWER PRESERVATION ACT OF 1973. No. 199 (House Bill No. 594). An Act to prohibit the cutting, digging, pulling up and removal of certain rare specimens of plant life from public lands within this State; to provide a short title; to define certain terms; to prohibit the sale within this State, for

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any purpose, of certain rare specimens of plant life; to regulate the transportation within this State of certain rare specimens of plant life; to provide for rules and regulations; to provide for the enforcement of this Act; 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. Short title. This Act shall be known and may be cited as the Wild Flower Preservation Act of 1973. Section 2. Definitions. Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows: (a) Protected species means a species of plant life which the Department of Natural Resources shall have designated as such and shall have made subject to the protection of this Act. (b) Public lands means all those lands within this State which are owned by the State or which are subject to the dominion and control of this State and which are not owned and controlled by any private person. (c) Person means any natural person, firm, corporation, partnership, proprietorship, or other legal entity. (d) Department means the Department of Natural Resources. Section 3. Powers and duties of the Department of Natural Resources. (a) The Department of Natural Resources shall, from time to time, designate as a protected species any species of plant life within this State which it may determine to be rare, unusual, or in danger of extinction, and upon such designation such species will become subject to the protection of this Act.

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(b) The Department shall issue such rules and regulations as it may deem necessary and proper for the enforcement of this Act. (c) The Department may delegate the powers and duties which this Act grants to it to any official or officials of the Department of Natural Resources. Section 4. Prohibition against cutting, pulling up, digging, and removal. No person within this State shall cut, dig, pull up or otherwise remove any protected species from any public land unless such person has secured written authorization from the Department of Natural Resources. Section 5. Prohibition against sale. No person within this State shall sell or offer for sale, for any purpose, any protected species, unless such species was grown on private land and is being sold by the landowner or with the permission of the landowner. Section 6. Prohibition against transportation without tagging. No person within this State shall transport, carry, or otherwise convey any protected species from the land of another unless each shipment thereof has affixed thereto a tag supplied by the Department showing that the person so transporting, carrying or conveying such protected species has removed such specimen from the private lands of another person with the permission of such other person and has a written document in his possession evidencing such permission, and further evidencing that such specimen has not been sold in violation of Section 5 of this Act. Section 7. Penalty. Any person violating the provisions of this Act or a rule or regulation promulgated by the Department of Natural Resources pursuant to the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 8. Effective date. This Act shall become effective April 1, 1973.

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Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1973. MULTI-LEVEL DISTRIBUTION COMPANIES REGULATED, ETC. No. 200 (House Bill No. 627) An Act to regulate multi-level distribution companies; to define multi-level distribution companies; to prohibit requirements that participants purchase products or services or pay any other consideration to participate in the marketing program unless the company agrees to reimburse participants; to provide for cancellation of contracts of participation; to prohibit financial gain based primarily on successive recruitment of distributors or payment of consideration based solely on recruitment of distributors; to prohibit financial gain unrelated to the ultimate sale of goods or services to the ultimate consumer; to prohibit income representations or projections; to prohibit payments unrelated to the exercise of skill or judgment; to provide for enforcement of the provisions of this Act by the Attorney General or District Attorneys; to provide for notice of activity and consent to service of process by multi-level distribution companies to the Attorney General; to provide penalties for violations; 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. Multi-Level Distribution Companies. (a) Definition: Multi-level distribution companiesAs used in this Section, the term multi-level distribution company is defined

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as any person, firm, corporation or other business entity which sells, distributes or supplies for a valuable consideration, goods or services through independent agents, contractors or distributors, at different levels wherein such participants may recruit other participants, and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends or other considerations in the program are, or may be, paid as a result of the sale of such goods or services or the recruitment, actions or performances of additional participants. Definition. (b) Prohibitions and Requirements: (1) Every multi-level distribution company shall provide in its contract of participation that such contract may be cancelled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the participant has purchased products while the contract of participation was in effect, all unencumbered products in a resalable condition then in the possession of the participant shall be repurchased. The repurchase shall be at a price of not less than 90 percent of the original net cost to the participant returning such goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel. Prohibitions and requirements. (2) No multi-level distribution company, nor any participant, shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless such product or services are in reasonable quantities and unless it agrees: (i) To repurchase all or part of any products which are unencumbered and in a resalable condition at a price of not less than 90 percent of the original net cost to the participant, taking into account any sales made by or through such participant prior to notification to the company of election to cancel; (ii) To repay not less than 90 percent of the original net cost of any services purchased by the participant; or

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(iii) To refund not less than 90 percent of any other consideration paid by the participant in order to participate in the marketing program. (3) No multi-level distribution company or participant in its marketing program shall: (i) Operate or, directly or indirectly, participate in the operation of any multi-level marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to non-participants are not required as a condition precedent to realization of such financial gains; (ii) Offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participant in a multi-level marketing program solely for the solicitation or recruitment of other participants therein; (iii) Offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participant in a multi-level marketing program in connection with the sale of any product or service unless such participant performs a bona fide supervisory, distributive, selling or soliciting function in the sale or delivery of such product or services to the ultimate consumer; or (iv) Offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participant: (A) Where payment thereof is or would be dependent on the element of chance dominating over the skill or judgment of such participant; (B) Where no amount of judgment or skill exercised by the participant has any appreciable effect upon any finder's fee, bonus, refund, override, commission, cross-commission,

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dividend or other consideration which the participant may receive; or (C) Where the participant is without that degree of control over the operation of such plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration which he may receive or be entitled to receive. (4) Multi-level distribution companies shall not represent directly or by implication that participants in a multi-level marketing program will earn or receive any stated gross or net amount, represent in any manner the past earnings of participants; provided, however, that a written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multi-level distribution companies shall not represent directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that all or substantially all participants will succeed. (c) Notice of Activity and Consent to Service of Process: (1) Each multi-level distribution company numbering among its participants any resident of this State shall file with the State's Attorney General a statement giving notice of this fact and designating the Secretary of State of this State its agent for service of process for any alleged violation of this Act. Such written notice shall further set forth the intention of such multi-level distribution company to abide by the provisions of this Act. Compliance with this subsection (c) shall not in and of itself subject any multi-level distribution company to the provisions or consequences of any other statute of this State. Notice, etc. (2) Any multi-level distribution company numbering among its participants any resident of this State who fails to comply with subsection (c) (1) shall be deemed to have thereby appointed the Secretary of State its agent for service of process for any alleged violation of this Act;

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(3) Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice or demand, together with an affidavit giving the latest known post office address of such multi-level distribution company and such service shall be sufficient if notice thereof and a copy of the process, notice or demand are forwarded by registered mail or certified mail addressed to such company at the address given in such affidavit. (d) Enforcement: The Attorney General or the District Attorney of any county may petition the superior court to enjoin in whole or in part the activities of any multi-level distribution company whose activities violate the provisions of this Act. Provided, however, that the Attorney General or District Attorney shall not seek such injunctive relief without first giving the company ten (10) days' written notice of any claimed violation. The notice is to be directed to the company's principal place of business and shall be sent either certified or registered United States mail. Enforcement. (e) Penalties: Each violation of this Act shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00). In addition thereto, if the violator be a corporation, each of its officers and directors may be subjected to a like penalty, and if the violator be a sole proprietorship, the owner thereof may be subjected to a like penalty, and if the violator be a partnership, each of the partners may be subjected to a like penalty. Penalties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1973.

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EMPLOYMENT SECURITY LAW AMENDEDONE WEEK WAITING PROVISION REPEALED IN CERTAIN INSTANCE. No. 201 (House Bill No. 720). An Act to amend an Act known as the Employment Security Law, formerly known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, p. 806), as amended, so as to repeal the provision requiring that a person shall be unemployed through no fault of his own for a waiting period of one week before being eligible for benefits but retaining the provision that certain persons who are otherwise disqualified shall be unemployed for a waiting period of one week before being 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 known as the Employment Security Law, formerly known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, p. 806), as amended, is hereby amended by striking the first period as it appears in subsection (d) of section 4 and inserting the following: unless such person is unemployed through no fault of his own. so that when so amended said subsection (d) of section 4 shall read as follows: (d) He has been unemployed for a waiting period of one week unless such person is unemployed through no fault of his own. No week shall be counted as a week of unemployment for the purposes of this subsection: (1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits.

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(2) If benefits have been paid with respect thereto. (3) Unless the individual was eligible for benefits with respect thereto as provided in sections 4 and 5 of this Act, except for the requirements of this subsection and of subsection (f) of section 5., Section 2. This Act shall become effective on July 1, 1973, and shall apply to all claims filed on or after July 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1973. MOTOR VEHICLESNON RESIDENTSTIME PERIOD CHANGED FOR OPERATION OF MOTOR VEHICLES IN THIS STATE. Code 68-221 Amended. No. 202 (House Bill No. 752). An Act to amend Code Section 68-221, relating to licensure and registration of motor vehicles by nonresidents, so as to change the period of time in which certain nonresidents may operate a motor vehicle on the public streets and highways without having to register and obtain a license; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-221, relating to licensure and registration of motor vehicles by nonresidents, is hereby amended by adding immediately before the words Motor vehicles, at the beginning thereof, the following: (a),

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and by adding at the end thereof a new subsection, to be designated subsection (b), to read as follows: (b) Notwithstanding the provisions of subsection (a), in every case where a nonresident accepts employment or engages in any trade, profession or occupation in the State or enters his children to be educated in the public schools of the State, such nonresident shall within 10 days after the commencement of such employment or education be required to register his motor vehicles in this State if such motor vehicles are proposed to be operated on the highways of the State., so that when so amended, Code section 68-221 shall read as follows: 68-221. Nonresidents; licenses required, when. (a) Motor vehicles owned by nonresidents of the State may be used and operated on the public streets and highways for a period of 30 days without having to register and obtain a license to do so or a chauffeur's license: Provided, that the owner or owners thereof shall have fully complied with the laws requiring the registration of motor vehicles in the State or Territory of their residence, and that the registration number and initial letter of such State or Territory shall be displayed and plainly visible on such vehicle or vehicles. In other respects, however, motor vehicles owned by nonresidents and in use temporarily within the State shall be subject to the provisions of this Chapter: Provided, no resident shall be allowed to operate a motor vehicle within this State under a license issued by another State. Code 68-221 amended. (b) Notwithstanding the provisions of subsection (a), in every case where a nonresident accepts employment or engages in any trade, profession or occupation in the State or enters his children to be educated in the public schools of the State, such nonresident shall within 10 days after the commencement of such employment or education be required to register his motor vehicles in this State if such motor vehicles are proposed to be operated on the highways of the State.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1973. GAME AND FISHPOLICY-MAKING FUNCTION VESTED IN BOARD OF NATURAL RESOURCES, ETC. No. 204 (House Bill No. 1018). An Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015, et seq.), as amended, so as to provide that the Board of Natural Resources shall have all of the policy-making function previously vested in the State Game and Fish Commission and to provide for administrative hearings, review and appeal of orders and action by the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015, et seq.) is hereby amended by adding a new section following section 1527 of said Act, to be designated section 1527A of said Act, to read as follows: Section 1527A. Board of Natural Resources. The Board of Natural Resources created in the Constitution, Article V, Section IV, Paragraph I, shall have all of the policy-making functions previously possessed by the Game and Fish Commission under the other provisions of this Act and any other law or laws. Any reference in Georgia Laws to the State Game and Fish Commission in the context of its policymaking functions shall mean the Board of Natural Resources.

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Section 2. Said Act is further amended by striking in its entirety subsection (a) of section 17 of said Act and substituting in lieu thereof a new subsection (a) of section 17 of said Act so that when so substituted, said new subsection shall read as follows: Section 17. (a) The Director of the Environmental Protection Division of the Department of Natural Resources shall issue all orders; grant, deny, revoke or amend all permits or variances provided for in the laws to be enforced by this Division. Any person who is aggrieved or adversely affected by any order or action of the Director shall upon petition within thirty (30) days of the issuance of such orders or notice of such action have a right to a hearing before a hearing officer appointed by the Board of Natural Resources. The initial hearing and any administrative review thereof shall be conducted in accordance with the Georgia Administrative Procedure Act (Title 3A), as now or hereafter amended. Any administrative review of the initial decision by the hearing officer shall be by a five (5) member committee, to be known as the Administrative Review Committee. The members of said committee shall be members of the Board of Natural Resources and shall be selected by said Board, provided, however, that all members so selected for a particular review shall fully meet and qualify as to the conflict of interest requirements provided for in section 304(h) (2) (D) of the Federal Water Pollution Control Act of 1972, as amended, and the Rules and Regulations and Guidelines promulgated thereunder. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Board shall have the right of judicial review thereof in accordance with subsections (b), (c), (d), (e), (f), (g) and (h) of section 20 of the Georgia Administrative Procedure Act (Title 3A), as now or hereafter amended. Any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from superior couts to the appellate courts of this State. Director.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1973. LEASE TO OMNI INTERNATIONAL, INC. AUTHORIZED. No. 11 (Senate Resolution No. 119). A Resolution. Authorizing the severing of Tract No. 3 (presently subleased to Omni International, Inc.) from that lease, dated January 12, 1960, as amended, originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, and the releasing of the present Lessees (Downtown Development Corp., FM Air Rights Company and City Center, Incorporated) from their obligations as to Tract No. 3, including the payment of rental therefor, arising under that lease; authorizing the severing of Tracts No. 6, 7 and 8 (presently subleased to Omni International, Inc.) from that lease, dated March 1, 1972, between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc., as Lessee, and the releasing of Allright Parking of Georgia, Inc., from its obligations as to Tracts No. 6, 7 and 8, including the payment of rental therefor, arising under that lease; authorizing the execution by the State of Georgia, acting by and through the State Properties Control Commission, as Lessor, or a new lease directly to Omni International, Inc., as Lessee, of the four tracts so severed (Tract No. 3 from the City Center, Incorporated lease and Tracts No. 6, 7 and 8 of the Allright

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Parking of Georgia, Inc. lease) upon the terms, conditions, covenants, agreements, and rental set forth in the Form of Lease attached to this Resolution; establishing certain criteria for the effectuation of the severance of the tracts and the releasing of the obligations of the present Lessees by the execution of the new lease to Omni International, Inc. by the Chairman and Secretary of the State Properties Control Commission; providing an effective date; and for other purposes. Whereas, the Western and Atlantic Railroad Commission and City Center, Incorporated entered into a lease dated the 12th day of January, 1960 (hereinafter referred to as the 1960 Lease) of certain overhead rights over the property described in the said 1960 Lease (including a Tract numbered 3, the lateral limits of which are more particularly shown by a plat of survey prepared by Watts Browning, Engineers, dated February 6, 1967, a copy of said plat of survey being Exhibit E of the Form of Lease attached to this Resolution), so much of the land level as is necessary for support and appurtenances for certain structures, and the structures, when completed; Whereas, the State Properties Control Commission has succeeded to the powers and duties of the Western and Atlantic Railroad Commission; Whereas, the rights and obligations of City Center, Incorporated under said 1960 Lease have been assigned to Downtown Development Corp., FM Air Rights Company and City Center, Incorporated; Whereas, the said 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amendment, dated February 15, 1968, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 3, 1968 (Ga. L. 1968, pp. 838-844);

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Whereas, the said 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amendment, dated January 31, 1972, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 12, 1971 (Ga. L. 1971, pp. 798-807); Whereas, Downtown Development Corp., FM Air Rights Company and City Center, Incorporated have, by an agreement, dated September 1, 1972, subleased Tract No. 3 described in the 1960 Lease to Omni International, Inc. (formerly named Forum International, Inc.); Whereas, the State of Georgia acting by and through the State Properties Control Commission, and Allright Parking of Georgia, Inc. entered into a lease dated the 1st day of March, 1972 (hereinafter referred to as the 1972 Lease) of certain property, some parcels of which consist of ground and air rights and some parcels of which consist only of ground rights, which said 1972 Lease was approved by an Act of the General Assembly of Georgia approved March 1, 1972 (Ga. L. 1972, pp. 58-132); Whereas, Allright Parking of Georgia, Inc. has, by an agreement, dated October 11, 1972, subleased Tracts No. 6, 7 and 8 of the property described in the 1972 Lease to Omni International, Inc. (formerly named Forum International, Inc.), Tract No. 6 being ground rights only and Tracts No. 7 and 8 being ground and air rights (subject to the Magnolia Street Viaduct), the lateral limits of the said Tracts No. 6, 7 and 8 being more particularly shown by 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 Exhibit D of the Form of Lease attached to this Resolution;

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Whereas, Tract No. 6 of the 1972 Lease (ground rights only) lies beneath a portion of Tract No. 3 of the 1960 Lease (air rights only); Whereas, Downtown Development Corp., FM Air Rights Company, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc. propose that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be severed from their respective original leases; that the present Lessees under the 1960 Lease and under the 1972 Lease be relieved of their obligations as to the Tract or Tracts applicable to their respective leases, including the payment of rental therefor, and that a new lease be executed directly by the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc., as Lessee, uniting all of the severed Tracts; Whereas, such action will be beneficial to the State of Georgia in that the severing of the four (4) tracts from their respective leases and the uniting of the four (4) tracts into a new lease directly to Omni International, Inc. will permit immediate development of the four (4) tracts to a greater economic degree than if permitted to remain under their respective leases; Whereas, an exact copy of the proposed new direct lease is attached to, incorporated in and by reference made a part of this Resolution; Whereas, also attached to, incorporated in and by reference made a part of this Resolution are certified corporate Resolutions of Allright Parking of Georgia, Inc., Downtown Development Corp., FM Air Rights Company, City Center, Incorporated and Omni International, Inc., in each of which is contained a request of the respective corporation that the State of Georgia as Lessor, take this action and an indemnity to the State of Georgia against any and all claims of persons claiming by, through or under each respective corporation as to damages arising from this action;

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Whereas, the General Assembly has carefully considered the requested action and the proposed new direct lease to Omni International, Inc. and has determined that they should be granted. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. The Chairman of State Properties Control Commission is hereby authorized and empowered to execute the new direct lease to Omni International, Inc., his signature being attested by the Secretary of the State Properties Control Commission, provided that: (a) there is presented to him a Lease identical to the Form of Lease attached hereto, duly executed by Omni International, Inc.; (b) there are presented to him certificates of the keepers of the minutes of Downtown Development Corp., FM Air Rights Company, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc., that the corporate resolutions of each corporation attached hereto have not been altered, amended, rescinded or changed and that the same remain in full force and effect; (c) the State Properties Control Commission has determined that Downtown Development Corp., FM Air Rights Company, City Center, Incorporated and Allright Parking of Georgia, Inc., have fully performed and are presently current on all of their obligations, including the payment of rentals, on their respective leases and that the State of Georgia remains as secure, including surety and performance bonds, as it was prior to this Resolution; (d) Omni International, Inc., and Allright Parking of Georgia, Inc., present to him an agreement, properly executed by both of them, whereby Omni International, Inc. agrees to permit Allright Parking of Georgia, Inc. non-exclusive use, to the benefit of the property remaining

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subject to the 1972 Lease, of any way of ingress and egress provided by the State of Georgia, or at the request of the State of Georgia, by other persons or entities, to Omni International, Inc. pursuant to subsection (A) (3) (a) of Section Two of the new direct lease between the State of Georgia and Omni International, Inc., and Allright Parking of Georgia, Inc. agrees to accept such nonexclusive use as complete and full performance by the State of Georgia of its duties and obligations under subsection (B) (1) of section Two of the 1972 Lease. Section 2. Upon an execution of the new direct lease to Omni International, Inc. by the Chairman of the State Properties Control Commission, Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease shall be severed from the operation of those respective leases and the present Lessees shall be released from their respective obligations as to those Tracts, including the payment of rental therefor. Thereafter, rental under the 1960 Lease shall be payable only as specified for Tracts No. 1 and No. 2, subject to any adjustments provided for therein, whether due to reappraisals or otherwise; and the Base Annual Rental payable under the 1972 Lease shall be One Hundred Thousand Two Hundred Fifteen and 50/100 Dollars ($100,215.50), subject to any and all adjustments provided for therein whether due to section Two of the 1972 Lease or otherwise. The percentage figure used to calculate the Additional Annual Rental under the 1972 Lease shall remain the same as provided in section Three thereof but the new Base Annual Rental set forth above, subject to any and all adjustments provided for in the 1972 Lease, whether due to section Two thereof or otherwise, shall be substituted into the formula used to calculate the Additional Annual Rental under the 1972 Lease. Section 3. The Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Omni International, Inc.

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Section 4. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Form of lease between the State of Georgia and Omni International, Inc. commencing upon execution and expiring on December 27, 2044, of certain property owned by the State of Georgia, including Ground and Air Rights in the area lying northerly of Techwood Viaduct and extending to a point North of Foundry Street in the City of Atlanta, Fulton County, Georgia. TABLE OF CONTENTS Description Of Property Leased 5 Encumbrances Of Property Leased Exhibit C Term Of Lease 6 Section One: Base Annual Rental. 7 Section Two: (A) Base Annual Rental On Exhibit A Property, As Affected By Reappraisals, Release Of Property And Escalation Factor. 7 (1) Base Annual Rental On Exhibit A Property. 7 (2) Base Annual Rental On Exhibit A Property Commencing December 27, 2019, Based On Reappraisal. 8 (3) Reduction Of Base Annual Rental On Exhibit A Property 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. 9 (4) Additional Annual Rental On Exhibit A Property. 12 (B) Base Annual Rental On Exhibit B Property, Including Adjustments Due To Reappraisals And Completion Of Georgia World Congress Center. 13 (1) Base Annual Rental On Exhibit B Property. 13 (2) Adjustment Of Base Annual Rental On Exhibit B Property Due To Reappraisals. 13 (3) Adjustment Of Base Annual Rental On Exhibit B Property Due To Georgia World Congress Center. 16 Section Three: Structures To Be Constructed. 17 Section Four: Additional Rental. 18 Section Five: Rental And Other Sums Payable To Lessor. 20 Section Six: Late Charge 20 Section Seven: Default In Rental Payment 20 Section Eight: (A) Security Deposit 20 (B) Inadequacy Of Deposit 22 Section Nine: Interchanging Of Security Deposit 22 Section Ten: Interest On Security Deposit (Other Than Cash) 22 Section Eleven: Return Of Security Deposit 22 Section Twelve: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted 23 Section Thirteen: Payment Of Taxes And Assessments 24 Section Fourteen: Contest Of Taxes And Assessments 24 Section Fifteen: Evidence Of Payment Of Taxes And Assessments 25 Section Sixteen: Payment Of Utilities By Lessee 25 Section Seventeen: Payments For Lessee By Lessor 25 Section Eighteen: Interest On Unpaid Amounts 26 Section Nineteen: Compliance With Laws, Ordinances, Etc. 26 Section Twenty: Acceptance Of Premises By Lessee 26 Section Twenty-One: Merger Of Improvements By Lessee 27 Section Twenty-Two: Protection Of Adjacent Property During Construction And Contractor's Insurance 27 Section Twenty-Three: Policy Limits Applicable For Year 1973 28 Section Twenty-Four: Approval Of Drawings, Specifications And Cost Estimates By Lessor 29 Section Twenty-Five: Substantially Complete Defined 29 Section Twenty-Six: Construction According To Approved Drawings And Specifications 29 Section Twenty-Seven: Payment Of Bills For Construction 31 Section Twenty-Eight: All Liens And Rights Are Subordinate To Lessor 31 Section Twenty-Nine: Completion Of Construction By Lessor 32 Section Thirty: Title To The Improvements 32 Section Thirty-One: Abandonment Of Premises By Lessee 32 Section Thirty-Two: (A) Subleases 33 (B) Termination of Subleases 33 (C) Sublease To Omni International, Ltd. 34 Section Thirty-Three: Assignment Of Lease With Lessor's Consent 35 Section Thirty-Four: Maintenance Of Premises 36 Section Thirty-Five: Work Required By Government Regulation 36 Section Thirty-Six: Indemnification Of Lessor By Lessee 37 Section Thirty-Seven: Addition, Subtraction, Renovation, Demolition Or Construction Anew Of The Improvements 37 Section Thirty-Eight: Return Of Premises 37 Section Thirty-Nine: (A) Casualty And Hazard Insurance On Buildings 38 (B) Loss Payable Clauses 38 Section Forty: No Invalidation Of Insurance By Lessee 39 Section Forty-One: Repair Of Damaged Improvements 39 Section Forty-Two: Damages For Failure To Comply With Repair Obligation 41 Section Forty-Three: Workman's Compensation Insurance 41 Section Forty-Four: Use Of Proceeds Of Insurance 42 Section Forty-Five: Termination Prior To Completion Of Repair 42 Section Forty-Six: Public Liability Insurance 42 Section Forty-Seven: Delivery Of Insurance Policies 43 Section Forty-Eight: Evidence Of Payment Of Premiums 43 Section Forty-Nine: Mortgaging Of The Leasehold 43 Section Fifty: DefaultLessee's Right To CureLessor's Rights Upon Failure By Lessee To Cure 48 Section Fifty-One: Extinguishment Of Lessee's Rights Upon Termination 50 Section Fifty-Two: Prepaid Items Assigned 51 Section Fifty-Three: BankruptcyAppointment Of A ReceiverDebtor Relief ProceedingsGeneral Assignment For Benefit Of CreditorsLevy Upon Premises 51 Section Fifty-Four: Inspection Of Premises By Lessor 52 Section Fifty-Five: Premises Subject To Zoning 52 Section Fifty-Six: Total Or Partial Condemnation 53 Section Fifty-Seven: Addresses For Notices 55 Section Fifty-Eight: Submission Of Matters For Approval 56 Section Fifty-Nine: Holding Over By Lessee 56 Section Sixty: No Waiver Of Rights By Lessor 57 Section Sixty-One: Rights Are Cumulative 57 Section Sixty-Two: Provisions Are Binding On Assigns And Are Covenants Real 57 Section Sixty-Three: Lease Is Georgia Contract 57 Section Sixty-Four: Terminate And Termination Defined 58 Section Sixty-Five: Premises Defined 58 Section Sixty-Six: All Genders And Numbers Included 58 Section Sixty-Seven: Invalidity Of Provisions Or Part Thereof 58 Section Sixty-Eight: State Properties Control Commission Acts For Lessor 59 Section Sixty-Nine: Time Is Of Essence 59 Section Seventy: Entire Agreement Contained Herein 59 Section Seventy-One: Section Captions Are To Be Disregarded 60

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Georgia, Fulton County. 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; and Whereas, the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) and City Center, Incorporated entered into a lease dated January 12, 1960 (hereinafter referred to as the 1960 Lease) of certain overhead rights over the property described in the said 1960 Lease (Tracts No. 1, 2 and 3), so much of the land level as is necessary for support and appurtenances for certain structures, and the structures, when completed, which lease was approved by an Act of the General Assembly of the State of Georgia; and Whereas, the rights and obligations of City Center, Incorporated under the 1960 Lease have been assigned to Downtown Development Corp., FM Air Rights Company and City Center, Incorporated; and

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Whereas, the 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amendment dated February 15, 1968, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 3, 1968 (Ga. L. 1968, pp. 838-844); and Whereas, the 1960 Lease was subsequently amended by the State Properties Control Commission and Downtown Development Corp., FM Air Rights Company and City Center, Incorporated by an amendment dated January 31, 1972, which said amendment was approved by an Act of the General Assembly of the State of Georgia approved April 12, 1971 (Ga. L. 1971, pp. 798-807); and Whereas, Downtown Development Corp., FM Air Rights Company and City Center, Incorporated have, by an agreement dated September 1, 1972, subleased Tract No. 3 described in the 1960 Lease to Omni International, Inc. (formerly named Forum International, Inc.); and Whereas, the State of Georgia acting by and through the State Properties Control Commission, as Lessor, and Allright Parking of Georgia, Inc., as Lessee, entered into a lease dated March 1, 1972 (hereinafter referred to as the 1972 Lease), of certain property (some parcels of which consist of ground and air rights and some parcels of which consist only of ground rights) 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 (including Tracts numbered 6, 7 and 8), which said 1972 Lease was approved by an Act of the General Assembly of Georgia approved March 1, 1972 (Ga. L. 1972, pp. 58-132); and Whereas, Allright Parking of Georgia, Inc. has, by an agreement dated October 11, 1972, subleased Tracts No. 6, 7 and 8 of the property described in the 1972 Lease to Omni International, Inc. (formerly named Forum International, Inc), Tract No. 6 being ground rights only and Tracts No. 7

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and 8 being ground and air rights (subject to the Magnolia Street Viaduct); and Whereas, Tract No. 6 of the 1972 Lease (ground rights only) lies beneath a portion of Tract No. 3 of the 1960 Lease (air rights only); and Whereas, Downtown Development Corp., FM Air Rights Company, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc. propose that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be severed from their respective original leases; that the present Lessees under the 1960 Lease and under the 1972 Lease be relieved of their obligations as to the Tract or Tracts applicable to their respective leases, including the payment of rental therefor, and that a new lease be executed directly by the State of Georgia, acting by and through the State Properties Control Commission, as Lessor, and Omni International, Inc., as Lessee, uniting all of the severed Tracts; and Whereas, Downtown Development Corp., FM Air Rights Company, City Center, Incorporated, Allright Parking of Georgia, Inc. and Omni International, Inc. have executed certified corporate resolutions acknowledging their consent and agreement to the proposed severance of the several Tracts and the entering into of a new lease between the State of Georgia, as Lessor and Omni International, Inc., as Lessee, uniting all of the severed Tracts, each of said certified corporate resolutions containing an indemnity to the State of Georgia against any and all claims of persons claiming by, through or under each respective corporation as to damages arising from this action; copies of said certified corporate resolutions are attached hereto as Exhibits G through K respectively and are by reference incorporated herein as though fully set forth; and Whereas, the execution of this lease has been authorized and approved by Resolution of the General Assembly of the State of Georgia approved....., 1973; and

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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 C attached hereto and by reference incorporated herein as though fully set forth: 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 Omni International, Inc., Party of the Second Part (hereinafter referred to as Lessee) whose business address is 2 Peachtree Street, N.W., Atlanta, Georgia 30303. 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] 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 C 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 C 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 and Exhibit B attached hereto, which said Exhibit A and Exhibit B are by reference incorporated herein as though fully set forth. The lateral limits of the property described in Exhibit A herein leased are more particularly described as Tracts numbered 6, 7 and 8 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

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December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, a copy of said plat of survey being attached hereto, marked Exhibit D and by reference made a part of this description. The vertical limits of the property described in Exhibit A are determined by reference to each of the encumbrances enumerated in Exhibit C, 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 of Lessor which are totally located within the lateral and vertical limits of the property described in Exhibit A herein leased on the day of execution of this lease. The lateral limits of the property described in Exhibit B herein leased are more particularly described as Tract III (referred to in this lease as Tract No. 3) on a plat of survey prepared by Watts Browning, Engineers, dated February 6, 1967, a copy of said plat of survey being attached hereto, marked Exhibit E and by reference specifically incorporated into and made a part of this description. The vertical limits of the property described in Exhibit B are determined by reference to each of the encumbrances enumerated in Exhibit C, and the use of the property by each holder of an encumbrance so enumerated. To have and to hold the property more particularly described in Exhibit A and Exhibit B attached hereto for a term commencing 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 convenants and agrees to pay throughout the term of this lease to the State of Georgia, a base annual rental consisting of two elements,

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the base annual rental on the property more particularly described in Exhibit A attached hereto (hereinafter referred to as the Base Annual Rental On Exhibit A Property), as provided for in sub-section (A) (1) of Section Two hereof and the base annual rental on the property more particularly described in Exhibit B attached hereto (hereinafter referred to as the Base Annual Rental On Exhibit B Property), as provided for in sub-section (B) (1) of Section Two hereof (the sum of the two elements being referred to hereinafter as Base Annual Rental). 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) Base Annual Rental On Exhibit A Property, As Affected By Reappraisals, Release Of Property And Escalation Factor. (1) Base Annual Rental On Exhibit A Property. Lessee covenants and agrees to pay to the State of Georgia, a Base Annual Rental on the property more particularly described in Exhibit A attached hereto (hereinafter sometimes referred to as the Exhibit A Property) of: (a) Twenty-Nine Thousand Nine Hundred Thirty-four and 50/100 Dollars ($29,934.50) for the period commencing on the date of execution of this lease to the date December 27, 1994. (b) Seventy-Eight Thousand Ninety-Nine and 11/100 Dollars ($78,099.11) for the period commencing on December 27, 1994, to the date December 27, 2019. (c) The reappraised fair market rental value of the Exhibit A Property, as determined pursuant to sub-section (A) (2) of this Section Two for the period commencing on December 27, 2019, to the date December 27, 2044.

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(2) Base Annual Rental On Exhibit A Property Commencing December 27, 2019, Based On Reappraisal. The Base Annual Rental On Exhibit A Property provided for in sub-section (A) (1) (c) of this Section Two shall be the reappraised fair market rental value of the Exhibit A Property. The Base Annual Rental On Exhibit A Property to commence on December 27, 2019, shall be determined by computing the average of three (3) appraisals of the then fair market rental value of the Exhibit A Property. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser, all of whom shall be members of a nationally recognized appraisal agency or institute. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (1/2) of the cost of the third appraiser. The said appraisers shall be directed to determine the fair market rental value of the Exhibit A Property, expressly excluding the value of any improvements thereon made by Lessee or any holder under Lessee and expressly excluding any personal property thereon. The said appraisals shall be made no earlier than nine (9) months nor later than six (6) months prior to the date December 27, 2019. Provided, however, that the Base Annual Rental On Exhibit A Property to commence on December 27, 2019, shall in no event be less than Twenty-Nine Thousand Nine Hundred Thirty-four and 50/100 Dollars ($29,934.50), as adjusted pursuant to sub-section (A) (3) (b) of this Section Two hereof. (3) Reduction Of Base Annual Rental On Exhibit A Property 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, prior to the date, March 1, 1977, 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 the Exhibit A Property lying east of a line more particularly described in Exhibit F attached hereto and by reference incorporated herein, said line being designated as Street Or Railroad Relocation

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Line on the plat of survey attached hereto as Exhibit D, 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 interest in and to the property described in Lessor's written notice. Lessee's duty to execute and deliver the said instrument is conditioned upon the following: (a) the providing by Lessor or, at the request of Lessor, by other persons or entities, to Lessee of a nonexclusive 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 easternmost boundary of the Exhibit A Property (and not the Exhibit B Property) 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 (b) the reduction, at the time of delivery of the said instrument, of the Base Annual Rental On Exhibit A Property by an amount equal to the sum of the products obtained in (i) and (ii) below: (i) 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 D by $0.155; and (ii) multiply the number of square feet released to Lessor in the Tract numbered 8 shown on the plat of survey attached hereto as Exhibit D 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

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of this lease, as though the same had never been released, demised, conveyed and transferred to Lessor and the Base Annual On Exhibit A Property shall return to the amount that it was on the day of delivery to Lessor of the said instrument. (4) Additional Annual Rental On Exhibit A Property. Lessee shall, in addition to the Base Annual Rental On Exhibit A Property provided for in sub-section (A) (1) of this Section Two above, pay to the State of Georgia 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 On Exhibit A Property provided for in sub-section (A) (1) of this Section Two above (as determined pursuant to subsection (A) (2) and (A) (3) of this Section Two above) by an escalation factor equal to the product obtained by multiplying 1.45 percent (1.45%) by the number of years that have elapsed since March 1, 1972, or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental On Exhibit A Property [times] percentage [times] number of expired years = Additional Annual Rental). The 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. (B) Base Annual Rental On Exhibit B Property, Including Adjustments Due To Reappraisals And Completion Of Georgia World Congress Center. (1) Base Annual Rental On Exhibit B Property. Lessee covenants and agrees to pay to the State of Georgia, a Base Annual Rental on the property more particularly described in Exhibit B attached hereto (hereinbefore and hereinafter sometimes referred to as the Exhibit B

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Property) of Eleven Thousand Four Hundred Sixty-Seven and 13/100 Dollars ($11,467.13). (2) Adjustment Of Base Annual Rental On Exhibit B Property Due To Reappraisals. (a) The Base Annual Rental On Exhibit B Property provided for in sub-section (B) (1) of this Section Two shall be adjusted on December 27, 1994, on the basis of the reappraised fair market rental value of the Exhibit B Property. The adjusted Base Annual Rental On Exhibit B Property to commence on December 27, 1994, shall be determined by computing the average of three (3) appraisals of the then fair market rental value of the Exhibit B Property. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser, all of whom shall be members of a nationally recognized appraisal agency or institute. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (1/2) of the cost of the third appraiser. The said appraisers shall be directed to determine the fair market rental value of the Exhibit B Property, expressly excluding the value of any improvements thereon made by Lessee or any holder under Lessee and expressly excluding any personal property thereon. The said appraisals shall be made no earlier than nine (9) months nor later than six (6) months prior to the date December 27, 1994. The adjusted Base Annual Rental On Exhibit B Property to commence on December 27, 1994, shall in no event be less than four hundred percent (400%) nor more than five hundred percent (500%) of the Base Annual Rental On Exhibit B Property set forth in subsection (B) (1) of this Section Two hereof (except as provided in sub-section (B) (3) (b) of this Section Two. (b) The Base Annual Rental On Exhibit B Property provided for in sub-section (B) (1) of this Section Two shall be adjusted on December 27, 2019, on the basis of the reappraised fair market rental value of the Exhibit B Property; provided, however , that the Base Annual Rental On Exhibit B Property to commence on December 27, 2019, shall in no event be less than Eleven Thousand Four

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Hundred Sixty-Seven and 13/100 Dollars ($11,467.13). The adjusted Base Annual Rental On Exhibit B Property to commence on December 27, 2019, shall be determined by computing the average of three (3) appraisals of the then fair market rental value of the Exhibit B Property. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser, all of whom shall be members of a nationally recognized appraisal agency or institute. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (1/2) of the cost of the third appraiser. The said appraisers shall be directed to determine the fair market rental value of the Exhibit B Property, expressly excluding the value of any improvements thereon made by Lessee or any holder under Lessee and expressly excluding any personal property thereon. The said appraisals shall be made no earlier than nine (9) months nor later than six (6) months prior to the date December 27, 2019. (3) Adjustment Of Base Annual Rental On Exhibit B Property Due To Georgia World Congress Center. Lessor and Lessee acknowledge that The Executive Board of The Georgia World Congress Center at its meeting held on December 19, 1972, recommended the location of the Georgia World Congress Center in the vicinity of the PROPERTY. In the event of the substantial completion of the Georgia World Congress Center in the vicinity of the site which was recommended at the December 19, 1972 meeting: (a) the Base Annual Rental On Exhibit B Property as provided for in sub-section (B) (1) of this Section Two shall, commencing on the first day of the month following the substantial completion of the Georgia World Congress Center, be increased to Twenty-Two Thousand Nine Hundred Thirty-Four and 26/100 Dollars ($22,934.26) which amount is two hundred percent (200%) of the Base Annual Rental On Exhibit B Property as provided for in sub-section (B) (1) of this Section Two; and (b) the maximum permissible adjusted Base Annual Rental On Exhibit B Property provided for in the last sentence of sub-section (B) (2) (a) of this Section Two shall be

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six hundred percent (600%) instead of five hundred percent (500%). Section Three: Structures To Be Constructed. Lessee shall commence and prosecute with due diligence and substantially complete on or before December 28, 1993, a structure located on Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit D and/or on the property described in Exhibit B attached hereto, the cost of which structure shall not be less than Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00). Provided that Lessee shall guarantee to Lessor the faithful execution of the substantial completion of such structures by December 28, 1993, by depositing on or before December 28, 1977, with Lessor, United States bonds or other security acceptable to the State Properties Control Commission in an amount equal to the difference between the Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) requirement as to the cost of the structure and the actual cost of the structure completed on December 28, 1977. Should Lessee fail to commence and prosecute with due diligence and substantially complete on or before December 28, 1993, a structure meeting the Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) requirement as to cost, then the security hereinabove provided shall be forfeited to Lessor as liquidated damages; provided, however, that Lessee shall have the right to elect to forfeit its rights to and interest in all property located within Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit D and all property described in Exhibit B attached hereto in lieu of forfeiting the security provided for hereinabove. In the event Lessee shall elect to forfeit its rights to and interest in all property located within Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit D and all property described in Exhibit B attached hereto, Lessee shall have no further obligation to pay the Base Annual Rental On Exhibit B Property provided for in sub-section (B) of Section Two of this lease and there shall be a reduction after said forfeiture in the Base Annual Rental On Exhibit A Property provided for in sub-section (A) of Section Two of this lease in the same proportion that the total number of

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square feet of the property located within Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit D bears to the total number of square feet of the Exhibit A Property. Section Four: Additional Rental. Commencing on the date of this lease and continuing only until Lessee substantially completes structures located on Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit D and/or the property described in Exhibit B attached hereto meeting the requirements as to cost hereinbefore set out in Section Three hereof, Lessee shall pay monthly in advance to the State of Georgia additional rental (hereinafter referred to as Additional Rental) according to the following table of calendar periods and percentage figures: Date of lease to June 28, 1973 Six and one-half percent per annum of the Base Annual Rental On Exhibit B Property. June 28, 1973, to December 28, 1973 Seven percent per annum of the Base Annual Rental On Exhibit B Property. December 28, 1973, to June 28, 1974 Seven and one-half percent per annum of the Base Annual Rental On Exhibit B Property. June 28, 1974, to December 28, 1974 Eight percent per annum of the Base Annual Rental On Exhibit B Property. December 28, 1974, to June 28, 1975 Eight and one-half percent per annum of the Base Annual Rental On Exhibit B Property. June 28, 1975, to December 28, 1975 Nine percent per annum of the Base Annual Rental On Exhibit B Property. December 28, 1975, to June 28, 1976 Nine and one-half percent per annum of the Base Annual Rental On Exhibit B Property. June 28, 1976, to December 28, 1993 Ten percent per annum of the Base Annual Rental On Exhibit B Property.

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Provided, however, that nothing contained in this Section Four relating to Additional Rental to be paid by the Lessee shall be construed to be an extension beyond the date December 28, 1993, of the time in which Lessee must commence and prosecute with due diligence and substantially complete structures located on Tract numbered 6 as shown on the plat of survey attached hereto as Exhibit D and/or on the property described in Exhibit B attached hereto meeting the requirements as to cost as hereinbefore set out in Section Three of the lease. Provided, further, however, that if the adjustment of Base Annual Rental On Exhibit B Property shall be increased to Twenty-two Thousand Nine Hundred Thirty-four and 26/100 Dollars ($22,934.26) pursuant to sub-section (B) (3) (a) of Section Two above, then simultaneously therewith, the percentages shown and used to determine Additional Rental in this Section Four shall be doubled for each applicable calendar period.

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Section Five: Rental And Other Sums Payable To Lessor. Payment of all rental (including all Base Annual Rental, Additional 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 Secretary of the State Properties Control Commission of the State of Georgia or to such other agent of Lessor as may be designated in writing by Lessor. Section Six: Late Charge. In the event the Lessee shall fail or refuse to pay any monthly installment of Base Annual Rental, Additional 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 Seven: 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, Additional Rental or Addition 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 of this lease. Section Eight: (A) Security Deposit. Lessee further agrees to deposit with, prior to the day of execution of this lease, and to thereafter maintain with the Fiscal Division of the Department of Administrative Services 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: (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

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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, not timely cured or remedied, 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 Nine: 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. Section Ten: Interest On Security Deposit (Other Than Cash). Lessee, having fully complied with Section Eight above, shall have the right to any and all interest that may accumulate on any security other than cash so deposited.

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Section Eleven: 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 Eight above shall be returned to the Lessee. Section Twelve: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted. Lessee acknowledges that possession of the PROPERTY was delivered by the State of Georgia pursuant to the provisions of that certain Lease Contract dated January 12, 1960, as amended, between the Western and Atlantic Railroad Commission and City Center, Incorporated (as applicable to that portion of the PROPERTY affected thereby) and pursuant to the provisions of that certain Lease dated March 1, 1972, between the State of Georgia and Allright Parking of Georgia, Inc. (as applicable to that portion of the PROPERTY affected thereby). Lessee, acting in its own name and behalf, shall undertake to remove and cause the discontinuance of any and all encroachments, adverse uses and occupancies (other than the rights, privileges and interests in, to, and upon the PROPERTY, or any part thereof in parties other than Lessor by virtue of the encumbrances enumerated in Exhibit C attached hereto); however, Lessor will, if and when so requested by Lessee, join with Lessee and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the PROPERTY from said encroachments, adverse uses and occupancies. If, due solely to any such encroachments, adverse uses and occupancies, Lessee cannot use and enjoy the said PROPERTY or any portion thereof, 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 uses and occupancies shall have been removed by judicial proceedings or otherwise, the use of those portions of the PROPERTY previously subject to such encroachments and other adverse uses and occupancies for the remaining period of this lease shall inure

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to the benefit of Lessee to the same extent as the other portions of the PROPERTY herein leased shall inure to it under the provisions, covenants, terms and conditions of this lease. Section Thirteen: 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 Fourteen: 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. Section Fifteen: 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.

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Section Sixteen: 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 Seventeen: Payments For Lessee By Lessor. If Lessee fails to procure insurance, as hereinafter provided, or fails to pay, in accordance with this lease, 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, Additional Rental or Additional Annual Rental), Lessor may, at Lessor's option, by giving written notice to Lessee, declare a default and if Lessee does not remedy or cure the default within ten (10) days after the written notice, immediately elect to follow one of the options provided in Section Fifty 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 Eighteen: 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 percent (8%) 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 Nineteen: 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 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

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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 Twenty: Acceptance Of Premises By Lessee . Lessee accepts the Premises as defined in Section Sixty-Five 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 repair 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-One: Merger Of Improvements By Lessee . Lessor consents to the construction of buildings and improvements over and across property lines, both vertical and horizontal, separating the PROPERTY from other lands owned, leased or subleased by Lessee, or in which Lessee is the assignee of a lessee, but nothing herein shall be deemed to be a demise to Lessee by Lessor of any right, estate, license or easement in or to any lands except the PROPERTY nor shall anything contained herein be deemed to be a demise by Lessor to any adjacent landowner of any right, estate, license or easement in or to the PROPERTY. Lessee agrees to furnish to Lessor prior to commencement of any construction over and across said boundary lines an agreement in recordable form and containing covenants running with the land executed by the owner or owners of every interest (including the holder of any security deed or other encumbrance) in the lands adjacent to the PROPERTY onto which such improvements are to be constructed, which will permit Lessor upon termination of this lease to own, use, possess and operate (including the right to alter or demolish) that part of the improvements located on the PROPERTY, or any part thereof, without any obligation or liability whatsoever on the part of the Lessor to the owner or owners of such adjacent land. Section Twenty-Two: Protection Of Adjacent Property During Construction And Contractor's Insurance . While any construction (which term as used in this lease shall also

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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 $500,000.00 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 $1,000,000.00 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 $500,000.00 for all damage arising out of damage to or destruction of property in any one accident, with an aggregate limit of $1,000,000.00 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-Three: Policy Limits Applicable For Year 1973 . The policy limits provided for in Section Twenty-Two above shall be applicable during the year 1973. 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, 1973, the limits of all insurance called for in Section Twenty-Two above shall be increased in approximate proportion to the decline in dollar value. Section Twenty-Four: Approval Of Drawings, Specifications And Cost Estimates By Lessor . Lessee, prior to commencing any construction on the PROPERTY 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:

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(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-Five: 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-Six: Construction According To Approved Drawings And Specifications . Lessee shall complete any construction on the Premises with appurtenant water, sewer, gas and electric wire connections, substantially in accordance with the drawings and specifications so submitted to and approved in writing by Lessor. The drawings and specifications for any construction shall include drawings and specifications for adequate ventilating, lighting, and drainage systems for the Premises. The said drawings 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, expeditions, 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 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

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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 drawings for such ventilating or drainage devices, such changes to be specified by Lessor in writing. After completion of said structures Lessee will furnish Lessor, at Lessee's expense, one complete set of as-built final plans and specifications of the improvements together with a plat of survey depicting the location and design of the improvements as the same have been constructed. Section Twenty-Seven: 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 PROPERTY; 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-Eight: 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, laborer, materialman or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to

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Lessor's reversionary title, interest and estate in the Premises. Section Twenty-Nine: 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 PROPERTY, 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 final architect's drawings, specifications and cost estimates previously approved by Lessor. Lessee shall, at the time of submission of the final architect's drawings, 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 drawings and specifications for use by Lessor of the drawings 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 Thirty: Title To The Improvements. The improvements shall upon completion become a part of the PROPERTY and the legal title to the same shall vest in the Lessor at the termination of this lease. Section Thirty-One: 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 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-Two: (A) Subleases. Lessee shall have the right to sublease all or any portion of the Premises for a term of years (including all optional and renewal terms) not to exceed twenty-five (25) years without the consent or approval of Lessor. In no case shall a sublease relieve Lessee of any of its obligations under this lease, including the payment of rental. Lessor shall be under no duty to give any notice called for by this lease to any sublessee of Lessee, except as provided for the benefit of Omni International, Ltd. pursuant to sub-section (C) of this Section Thirty-Two. (B) Termination Of Subleases. If this lease is terminated by Lessor in accordance with the terms of this lease prior to the expiration of the term provided for herein and if Lessor does not enter into a new lease with Lessee's Leasehold Mortgagee as provided in sub-section (7) of Section Forty-Nine of this lease, Lessor agrees that such termination shall not result in a termination of any bona fide sublease entered into by Lessee pursuant to sub-section (A) of this Section Thirty-Two of all or any portion of the Premises which has been made by Lessee in good faith in an arm's length transaction, and that each of said subleases shall continue for the duration of its term and any extension thereof as a direct lease between Lessor hereunder and the sublessee thereunder, with the same force and effect as if Lessor hereunder had originally entered into such sublease as lessor thereunder. The provisions of this sub-section (B) of this Section Thirty-Two shall be self-operating and shall not require any further action on the part of the Lessor. Lessor shall, however, upon request promptly execute, acknowledge and deliver such agreements evidencing and agreeing to the foregoing as said sublessee may reasonably require. The provisions of this sub-section (B) of this Section Thirty-Two shall not apply to any sublease unless a copy thereof has been submitted to the Staff Director of the State Properties Control Commission (or to some other person designated by the State Properties Control Commission) for recognition by the State Properties Control Commission and the State Properties Control Commission has failed to interpose an objection thereto by notice in writing given to the Lessee with a copy of said notice to the sublessee at his address shown in the sublease within thirty

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(30) days after delivery thereof to such person. Lessor agrees that it will not unreasonably withhold recognition of any such sublease. (C) Sublease To Omni International, Ltd. Lessee shall have the right on or before December 28, 1977, to sublease all of the Premises to Omni International, Ltd., a limited partnership, for a term of years (including all optional and renewal terms) not to exceed fifty-five (55) years with the consent or approval of Lessor, and if the consent or approval of Lessor is obtained, Omni International, Ltd. shall be entitled to all of the benefits of sub-section (A) and sub-section (B) of this Section Thirty-Two (as if Omni International, Ltd. were the Lessee hereunder) and Omni International, Ltd. shall have the right to encumber its interest in the sublease in one or more Leasehold Mortgages consistent with the rights of Lessee pursuant to the provisions of Section Forty-Nine of this lease. If Omni International, Ltd. shall so encumber its interest in the sublease, the Leasehold Mortgagee shall be entitled to all of the benefits provided to a Leasehold Mortgagee in Section Forty-Nine of this lease if the Leasehold Mortgagee shall comply with the requirements to be performed by a Leasehold Mortgagee in Section Forty-Nine of this lease. If Lessor shall consent to or approve a sublease to Omni International, Ltd. pursuant to the provisions of this sub-section (C) of this Section Thirty-Two, Omni International, Ltd. and any Leasehold Mortgagee of Omni International, Ltd. shall be entitled to written notice of default consistent with the provisions of Section Fifty of this lease. Provided, however, nothing contained in this sub-section (C) of this Section Thirty-Two shall relieve Lessee of any of its obligations under this lease, including the payment of Rental. Section Thirty-Three: Assignment Of Lease With Lessor's Consent. Lessee shall not have the right to assign or transfer (as distinguished from subleases permitted without Lessor's consent pursuant to sub-section (A) of Section Thirty-Two above and as distinguished from Leasehold Mortgages permitted without Lessor's consent pursuant to Section Forty-Nine below) this lease, or any interest therein,

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or any right of privilege appurtenant thereto, unless the written consent of Lessor is first had and obtained. Any assignment or transfer without such written 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. Provided, however, Lessee shall, without the consent of Lessor, have the right to make any assignment or transfer of this lease, or any interest therein, or any right or privilege appurtenant thereto, which Lessee desires to make or grant to a Leasehold Mortgagee under Section Forty-Nine of this lease conditioned upon the default of Lessee in its obligations to the Leasehold Mortgagee. 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 Thirty-Four: 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-Five: Work Required By Government Regulation. In the event that, at any time during the term of this lease, any alteration, demolition, renovation, repair or replacemenut of any building, other structure or improvement on the PROPERTY 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-Six: 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 sublessees, assignees, partners, agents, employees, invitee, contractors and subcontractors, 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, covenants, terms and conditions of this lease. Section Thirty-Seven: 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, convenants, terms and conditions of this lease, Lessee shall have the right to add to, subtract from or renovate the improvements or to demolish and construct anew the improvements with new improvements of at least the same fair market value. Section Thirty-Eight: 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-One of this lease. Section Thirty-Nine: (A) 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,

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lightning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, or any other type or kind of catastrophe which can be reasonably 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 percent (100%)] 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. (B) Loss Payable Clauses. The contracts of insurance required by sub-section (A) of this Section Thirty-Nine 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 Leasehold Mortgagee as the Leasehold Mortgagee's interest may appear, provided that: (1) the Leasehold Mortgagee complies with the terms and conditions (to be performed by Leasehold Mortgagee) contained in Section Forty-Nine of this lease; and (2) the Leasehold 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 Forty: 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

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put, kept or maintained on the Premises in such condition that the same cannot be insured in the amount of the full insurable replacement value [One Hundred percent (100%)]. Section Forty-One: Repair Of Damaged Improvements. Should during the term of this lease, any building, 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-One, 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 percent (100%)] of said damaged or destroyed buildings, other structures or improvements;

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and (2) the total rental for the remainder of the unexpired term of this lease. Such a release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures 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-Two: 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-One 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-Three: 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 occurence causing injury to any person. Section Forty-Four: Use Of Proceeds Of Insurance. The proceeds of all insurance obtained in accordance with Section Thirty-Nine of this lease shall not be used, except with the written consent of Lessor, for any purpose other than the

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repair, reconstruction, restoration, or replacement of buildings, other structures or improvements located on or within the Premises, unless Lessee shall be relieved of Lessee's obligation to so repair, reconstruct, restore, or replace such damaged or destroyed buildings, other structures or improvements pursuant to Section Forty-One of this lease. However, all sums necessary to effect such repair, reconstruction, restoration, or replacement, over and above the amount available from said insurance monies, shall be at the sole cost and expense of the Lessee. Section Forty-Five: 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-Six: 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 reasonable limits as may be determined by Lessor 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-Seven: 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.

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Section Forty-Eight: Evidence Of Payment Of Premiums. Lessee shall at once furnish to Lessor duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this lease. Section Forty-Nine: Mortgaging Of The Leasehold. Lessee, and every successor and assign of Lessee (but not sublessees other than Omni International, Ltd. pursuant to subsection (C) of Section Thirty-Two above) shall have the right in addition to any other rights granted in this lease to encumber its interest in this lease, without the Lessor's consent, under any one or more Leasehold Mortgages, upon the condition that all rights acquired under the Leasehold Mortgage or Mortgages shall be subject to each of the covenants, conditions and restrictions set forth in this lease and to all rights and interest of the Lessor in it. If Lessee or Lessee's successors and assigns shall encumber this leasehold with a Leasehold Mortgage, and if the Leasehold Mortgagee delivers to Lessor a true copy of such Leasehold Mortgage, together with written notice specifying the name and address of the Leasehold Mortgagee and the pertinent recording data with respect to the Leasehold Mortgage, Lessor agrees that from and after the date of receipt by Lessor of such notice and for so long as such Leasehold Mortgage shall remain unsatisfied of record, the following provisions shall apply: (1) The term Leasehold Mortgage, as used in this lease shall include any encumbrance of this lease as security for any indebtedness Lessee may incur whether by deed to secure debt, mortgage, deed of trust, or other proper security instrument. The term Leasehold Mortgagee means the holder of the indebtedness secured by any Leasehold Mortgage. (2) There shall be no cancellation, surrender or modification of this lease by joint action of Lessor and Lessee without the prior consent in writing of Leasehold Mortgagee. Nothing herein shall be deemed to prohibit Lessor from terminating this lease for default of Lessee as provided in this lease.

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(3) Lessor, upon serving Lessee with any notice of default, shall simultaneously serve a copy of the notice on the Leasehold Mortgagee. The Leasehold Mortgagee shall then have the same period after service of the notice upon it to remedy or cause to be remedied the default complained of and the Lessor shall accept the performance by or at the instigation of Leasehold Mortgagee as if it has been done by Lessee. Any notice required to be given to a Leasehold Mortgagee shall be posted in the United States Mail, postage prepaid, certified, addressed to the Leasehold Mortgagee at the address and to the attention of the person designated by such Leasehold Mortgagee to receive copies of such notices and shall be deemed to have been served when so posted as aforesaid. (4) In addition to the rights granted to the Leasehold Mortgagee under sub-section (3) of this Section Forty-Nine, Leasehold Mortgagee shall have an additional period of thirty (30) days to remedy or cause to be remedied any default complained of, provided Leasehold Mortgagee shall reimburse Lessor, at the time of so remeding the default, for all costs and expenses to Lessor of maintaining, protecting, insuring and operating the Premises during the additional thirty (30) day period. (5) If Lessor shall elect to terminate this lease by reason of any default of Lessee, the Leasehold Mortgagee shall also have the right to postpone and extend the date of termination as fixed by the provisions of this lease for a period of not more than three (3) months provided that the Leasehold Mortgagee shall cure or cause to be cured any then existing money defaults and meanwhile pay the rent and other charges required to be paid hereunder; and provided further, that the Leasehold Mortgagee shall forthwith take steps to acquire or sell Lessee's interest in this lease by foreclosure of the Mortgage, or otherwise, and shall prosecute such action to completion with due diligence. If at the end of the three (3) month period, the Leasehold Mortgagee shall be actively engaged in steps to acquire or sell Lessee's interest in this lease, the time for Leasehold Mortgagee to comply with the provisions of this sub-section (5) of this Section Forty-Nine hereof shall be extended for such period

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as shall be reasonably necessary to complete these steps with reasonable diligence and continuity. (6) Lessor agrees that in case of any foreclosure under any Leasehold Mortgage either by judicial proceedings or under power of sale contained therein all right, title and interest of Lessee under this lease may be assigned to and vested in the purchaser at such foreclosure sale subject and subordinate, however, to the rights and titles of the Lessor. (7) Lessor agrees that in the event of a termination of this lease by reason of any default by Lessee other than for non-payment of rent and other payments provided for in this lease, Lessor will enter into a new lease of the Premises with the Leasehold Mortgagee for the remainder of the term effective as of the date of termination, at the rent and upon the terms, provisions, covenants and agreements as contained in this lease and subject only to the same conditions of title as this lease is subject to on the day of its execution and to the rights, if any, of the parties then in possession of any part of the Premises; provided: (a) The Leasehold Mortgagee shall make written request upon Lessor for the new lease within thirty (30) days after the date of termination and the written request is accompanied by payment to the Lessor of sums then due to Lessor under this lease. (b) The Leasehold Mortgagee shall pay to Lessor at the time of the execution and delivery of the new lease any sums that at the time of its execution and delivery would be due pursuant to this lease but for the termination, and in addition, all reasonable and necessary expenses, including reasonable attorney's fees, which Lessor shall have incurred by reason of the default. (c) Leasehold Mortgagee shall perform and observe all covenants contained in the new lease on Lessee's part to be performed during such period of time as the Leasehold Mortgagee is in possession of the Premises under the new lease and shall further remedy any other conditions that

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Lessee under the terminated lease was obligated to perform under the terms of this lease. (d) Lessor shall not warrant possession of the Premises to the Lessee under the new lease. (e) The new lease shall be expressly made subject to the rights, if any, of the Lessee under the terminated lease. (f) The Lessee under the new lease shall have the same right, title and interest in and to the Premises and the right to use of the buildings and improvements thereon as the Lessee had under the terminated lease. (8) Lessor, upon request, shall execute, acknowledge and deliver to each Leasehold Mortgagee an agreement in form reasonably satisfactory to Leasehold Mortgagee between Lessor, Lessee and Leasehold Mortgagee (provided the same had been previously executed by Lessee and Leasehold Mortgagee) agreeing to all of the provisions of this Section Forty-Nine of the lease. Lessee agrees to pay all costs and expenses incurred by Lessor in connection with the preparation and/or execution of said agreement. (9) The rights granted to Leasehold Mortgagees by this Section Forty-Nine shall not extend to more than five (5) such Leasehold Mortgagees at any one time and shall be exercisable by each Leasehold Mortgagee in the order of the respective priority of its Leasehold Mortgagee, to the exclusion of those Leasehold Mortgagees junior in priority only. Section Fifty: DefaultLessee's Right to CureLessor's Rights Upon Failure By Lessee To Cure. 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, by giving written notice to Lessee and to any Leasehold Mortgagee 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. Unless otherwise provided in Sections Seven, Seventeen, Thirty-One or Fifty-Three of this lease, if Lessee does not completely and totally remedy or cure the default

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so declared in Lessee's obligations under this lease within thirty (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 relatting: (a) Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness due hereunder, the costs and expenses of such reletting and of such alterations and repairs incurred by Lessor; and (b) at the option of Lessor rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such reletting 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 liabile to Lessee for any interest on the said residue.

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Section Fifty-One: Extinguishment Of Lessee's Rights Upon Termination. Upon the expiration of the term of this lease from any cause, all rights and intersts of the Lessee, and all persons whomsoever claiming by, through or under the Lessee, whether by grant, assignment, Leasehold Mortgage (unless otherwise provided in Section Forty-Nine), sublease (unless otherwise provided in sub-sections (B) and (C) of Section Thirty-Two 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, encumbrance, claim and charge of any character created or attempted to be created by the Lessee at any time. Section Fifty-Two: 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.

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Section Fifty-Three: BankruptcyAppointment Of A ReceiverDebtor Relief ProceedingsGeneral Assignment For Benefit Of CreditorsLevy Upon Premises. In addition to the happening of any event hereinabove set out which gives 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 of this lease upon the happening of any or all of the following events: If Lessee is adjudicated a bankrupt; or if a permanent receiver is appointed for Lessee's interest in the Premises and such receiver is not removed within thirty (30) days after notice from Lessor to Lessee to obtain such removal; or if Lessee voluntarily or involuntarily takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is reduced or payment thereof deferred; or if Lessee makes a general assignment for the benefit of creditors; or if the Premises or Lessee's effects or interests therein should be levied upon or attached under process against Lessee, not satisfied or dissolved within thirty (30) days after notice from Lessor to Lessee to obtain satisfaction thereof. Section Fifty-Four: 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-Five: Premises Subject To Zoning. Lessee takes the Premises subject to all zoning regulations and ordinance now or hereafter in force including but not limited to those as to building line and setback. Lessor in its discretion and at its own expense, or Lessee totally at Lessee's own expense, may, in good faith, contest and litigate as to the validity of any zoning ordinance, rule, regulation, resolution or statute or 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.

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Section Fifty-Six: Total Or Partial Condemnation. If, during the term of this lease, the PROPERTY or any part thereof be condemned and taken by the United States or by any other body having power of eminent domain over the PROPERTY then: (1) The court in such condemnation proceeding shall, if not prohibited by law, be requested to make separate awards to Lessor and Lessee and Lessor and Lessee agree to request such action by the court. This Section Fifty-Six of this lease shall be construed as superseding any statutory provisions now in force or hereafter enacted concerning condemnation proceedings to the extent permitted by law. (2) If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if all of the PROPERTY or such portion thereof as makes the residue of the PROPERTY of substantially no commercial value is condemned, the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (i) Lessee shall receive that portion of the award which is made for the value of buildings and improvements on the PROPERTY, and (ii) Lessor shall receive the remainder of the award; provided, that in determining the value of such buildings and improvements, the obligation of Lessee to pay rent hereunder had there been no condemnation and the fact that such buildings and improvements would belong to Lessor upon the expiration of the term of this lease shall be taken into consideration. (3) If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if the residue of the PROPERTY after such condemnation is of some commercial value, then the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (i) Lessee shall receive from the award an amount, determined by agreement of Lessor and Lessee, equal to the difference between the value of the buildings and improvements on the PROPERTY immediately prior to such condemnation and the value of the residue of such buildings and improvements after such condemnation, and (ii) Lessor shall receive the remainder of the award; provided;

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that in determining said difference, the abatement of rentals, if any, otherwise payable by Lessee hereunder, as hereinafter provided, and Lessor's right to any such buildings or improvements so condemned upon the expiration of the term of this lease shall be taken into consideration. (4) If all of the PROPERTY, or such portion thereof as makes the residue of substantially no commercial value, is so condemned, this lease shall automatically terminate on the date the condemnor takes possession of the condemned property. In the event that the residue of the PROPERTY is of some commercial value, then the percentage which the value of said residue bears to the value of the PROPERTY immediately prior to such condemnation shall be determined by agreement of Lessor and Lessee, and that percentage of the Base Annual Rental otherwise payable under the provisions of Section One of this Lease shall thereafter be payable as the Base Annual Rental hereunder, and further, Lessee shall forthwith repair or rebuild the improvements remaining on such residue of the PROPERTY to the extent that it is economically feasible to do so. Whether or not the repairs or rebuilding to be done by Lessee are economically feasible and the extent to which they are economically feasible shall be determined by agreement or Lessor and Lessee. This Section Fifty-Six of this lease shall not constitute an acknowledgment or be construed as constituting an acknowledgment by Lessor or Lessee or either or both of them that Lessor's rights as a Sovereign in and to the reversionary fee simple estate in the PROPERTY are in any manner subject to any power of eminent domain vested in any government or other body. Section Fifty-Seven: Addresses For Notices. Until contrary instructions are given to Lessee in writing, all notices required to be given to Lessor hereunder shall be effectively given to Lessor if mailed by United States 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,

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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 Fifty-Eight: 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 instruction 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 unless a shorter period of time is expressly stated elsewhere in this lease. If Lessor should fail to so approve or reject within such ninety (90) day period as provided for herein, Lessor's approval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted. Lessor shall inform Lessee in writing of Lessor's rejection or approval of such submitted matter by United States certified or registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under Section Fifty-Seven of this lease. Section Fifty-Nine: Holding Over By Lessee. Lessee shall not use or remain in possession of the Premises after the termination of this lease. Any holding over, or continued use and/or occupancy by the Lessee, after the termination 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 in effect for the immediately previous year of the lease term. There shall be no renewal whatsoever of this lease by operation of law. Section Sixty: 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

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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-One: Rights Are Cumulative. All rights, powers and privileges conferred herein upon both parties shall be cumulative. Section Sixty-Two: 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 PROPERTY 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. Section Sixty-Three: 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-Four: 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-Five: Premises Defined. All of the property described in Exhibit A and Exhibit B attached hereto, all of the buildings, other structures and improvements of Lessor 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

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hereinafter constructed by Lessee and totally located within the lateral and horizontal limits of the property described in Exhibit A and Exhibit B attached hereto are referred to and shall be known in this lease as the Premises. Section Sixty-Six: All Genders And Numbers Included. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this lease, it shall equally apply to, extend to, and include the other. Section Sixty-Seven: 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 Sixty-Eight: 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 Sixty-Nine: Time Is Of Essence. All time limits stated in this lease are of the essence of this contract. Section Seventy: 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 PROPERTY or its condition or suitability for Lessee's purposes) by Lessor. The lease constitutes the full, complete, and entire

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agreement between and among the parties hereto; no agent, officer or representative of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, adding to, or changing the provisions, covenants, terms and conditions hereof. No modification or amendment of this lease shall be binding unless such modification or amendment shall be in writing, signed by both parties hereto, attached to this lease, incorporated in and by reference made a part of this lease. Section Seventy-One: 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 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 2.816 acres, and being more particularly described as follows: BEGINNING at a point which point has coordinates of y = 1366518.10 feet and x = 430389.52 feet from U.S.C. G. Stations GLENN and WALTON (the coordinates from U.S.C. G. Stations GLENN and WALTON

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for each point in this legal description are hereinafter given in parentheses after each point, monument or iron pin) and running thence along a line having a bearing of north 1 degree 37 minutes 28 seconds east (all bearings given in this legal description are from Grid North) a distance of 279.17 feet to a monument (y = 1366797.16 feet, x = 430397.43 feet); running thence along an arc having a radius of 2523.142 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 monument last described) to a monument (y = 1367001.15 feet, x = 430394.82 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 monument (y = 1367200.48 feet, x = 430382.31 feet); running thence along an arc having a radius of 4583.662 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 monument last run) to a monument (y = 1367370.05 feet, x = 430368.27 feet); running thence along an arc having a radius of 1548.535 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 monument last described) to a monument (y = 1367677.73 feet, x = 430304.47 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 an iron pin (y = 1367678.07 feet, x = 430305.43 feet); running thence along an arc having a radius of 4389.368 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 iron pin last described) to an X in concrete (y = 1367546.82 feet, x = 430351.98 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 an iron pin (y = 1367003.03 feet, x = 430534.45 feet); running thence along an arc having a radius of 11441.160 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 iron pin last described) to an iron pin (y = 1366794.12 feet, x = 430602.34 feet); running thence along a line a distance of 129.81 feet on a bearing of south 17 degrees 27 minutes 26 seconds east to

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a point (y = 1366670.29 feet, x = 430641.29 feet); running thence southwesterly along an arc having a radius of 1395.394 feet for a distance of 294.74 feet (which said arc has a chord of 294.19 feet from the point last described) to a point which was the POINT OF BEGINNING. The said tract or parcel of land here is more particularly described on a plat or 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 D and by reference specifically incorporated into and made a part of this description. EXHIBIT B Tract 3: All that tract or parcel lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being air rights only above the said tract or parcel commencing on a plane located twenty-three (23) feet from the top of any rail of the Western and Atlantic Railroad as it existed on January 12th, 1960, or twenty-three (23) feet from ground level as it existed on January 12th, 1960, said tract or parcel being more particularly described as follows: BEGINNING at a point on the southeast right-of-way line of Magnolia Street Viaduct 261.1 feet southwest, as measured along the southeast right-of-way line of the Magnolia Street Viaduct, from the corner formed by the intersection of the southeast side of Magnolia Street with the back of the curb line on the southwest side of Marietta Street; thence running south 15 degrees 09 minutes east, 433.4 feet to a point; thence running southeast on an arc of 8.3 feet (said arc having a chord distance of 8.30 feet on a bearing of south 15 degrees 39 minutes east) to a point on the northwest right-of-way line of the Techwood Viaduct; thence running southwest, along the northwest right-of-way

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line of the Techwood Viaduct and following the curvature thereof, 381.3 feet to a point (said curve having a chord distance of 380.16 feet on a bearing of south 59 degrees 43 minutes west); thence running north 03 degrees 54 minutes 30 seconds east, 408 feet to a point; thence running north 0 degrees 21 minutes 30 seconds west, 104.4 feet to a point on the southeast side of the Magnolia Street Viaduct; thence running northeast, along the southeast side of the Magnolia Street Viaduct and following the curvature thereof, 215.1 feet to the point of beginning. Together with so much of the land level as is necessary for supports and appurtenances for the structures to be constructed on the PROPERTY pursuant to Section Three of the lease to which this Exhibit B is attached and made a part thereof, including necessary supporting piers and foundations, sewer and drainage conduits, and similar necessary structures which must reach the ground level or below, provided the same shall not be constructed in such a manner as to impair, obstruct, interfere with or endanger the use, for railroad purposes, of the land level leased to Louisville and Nashville Railroad Company under a lease from the State of Georgia, dated March 4, 1968 (Ga. Laws 1968, pp. 54-112). The tract or parcel described above is the same property as shown on a survey for Cousins Properties Incorporated by Watts Browning, Engineers, dated February 6, 1967, being known as Tract No. III containing 2.93 acres. EXHIBIT C THE ENCUMBRANCES 1. 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

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dated January 31, 1961, is recorded in Deed Book 3693, pages 125-128, in the Office of the Clerk of the Superior Court of Fulton County, Georgia. 2. 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 D 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

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of land of twelve (12) feet in width, being six (6) feet on either side of the centerline of the above-described 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. 3. 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 acres, 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 to 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

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a 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. 4. A lease, dated March 4, 1968, between the State of Georgia, acting through the State Properties Control Commission, as Lessor and LOUISVILLE AND NASHVILLE RAILROAD COMPANY, as Lessee, of property owned by the State of Georgia known as the Western and Atlantic Railroad, as more fully outlined in red, green and orange on maps filed in the office of the State Properties Control Commission in Atlanta, Georgia, as supplemented pursuant to a Resolution of the General Assembly of the State of Georgia approved April 3, 1972 (Ga. L. 1972, pp. 890-892), which maps have been duly endorsed by the Secretary of the Commission for identification purposes as being the property leased, including all tracks, bridges, culverts, signals, buildings, communication lines, depots and all other structures located on said property, subject to certain Exceptions and Additions set forth in said lease; the published form of said lease dated March 4, 1968, may be found in Ga. L. 1968, pp. 54-112. 5. An easement reserved by the LOUISVILLE AND NASHVILLE RAILROAD COMPANY in that certain letter dated September 21, 1971, from D. D. Strench, Vice-PresidentOperation, 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 C(1), which said Exhibit C(1) is by reference incorporated herein.

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6. 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. 7. 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. EXHIBIT C(1) September 21, 1971 Received September 24, 1971 State Properties Control Commission 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

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Railroad Company (LN) to effectuate the provisions of Section One, Exception (E) Atlanta Depot Property , of the Western Atlantic Rialroad 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, 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 propery 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

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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 LN have, on September 16, 1971, reached agreement as to how much of 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.

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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 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 above-named railroads and Terminal Company in moving the trackage rights of the Atlanta and West Point Rail Road Company from the present connection 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

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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. 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 Atlanta, Georgia. September 24, 1971. 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. Anderson Mr. John H. Boman

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EXHIBIT F 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 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 G CERTIFIED RESOLUTION 1, the undersigned, hereby certify that I am the Secretary of DOWNTOWN DEVELOPMENT CORP. and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of DOWNTOWN DEVELOPMENT CORP. held after proper legal notice given in accordance with the By-Laws of the corporation on February 19, 1973, at 9:00 A. M., at 300 Interstate North, Atlanta, Georgia....., at which a quorum of Directors was

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present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect: 1. RESOLVED, that DOWNTOWN DEVELOPMENT CORP. hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as Tract No. 3 and is presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended, (hereinafter referred to as the 1960 Lease) originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Downtown Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and 2. FURTHER RESOLVED, that DOWNTOWN DEVELOPMENT CORP. hereby requests that Tracts No. 6, 7 and 8, more particularly shown 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 (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the 1972 Lease) between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease; and 3. FURTHER RESOLVED, that DOWNTOWN DEVELOPMENT CORP. hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc. as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER

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27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; and 4. FURTHER RESOLVED, that DOWNTOWN DEVELOPMENT CORP. hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under DOWNTOWN DEVELOPMENT CORP. as to damages arising from such action. I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in DOWNTOWN DEVELOPMENT CORP.: NAME OFFICE Lloyd T. Whitaker President Robert P. Hunter, Jr. Vice President Secretary D. W. Hutchings Vice President, Asst. Secretary Asst. Treasurer C. D. Conlee Treasurer C. Leonard Simpson Assistant Treasurer Olivia L. Suggs Assistant Secretary I further certify that the Charter and By-Laws of DOWNTOWN DEVELOPMENT CORP. do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of DOWNTOWN DEVELOPMENT CORP. this 19th day of February, 1973. /s/ Robert P. Hunter, Jr. Secretary (Seal).

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EXHIBIT H CERTIFIED RESOLUTION I, the undersigned, hereby certify that I am the Secretary of FM AIR RIGHTS COMPANY and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of FM AIR RIGHTS COMPANY held after proper legal notice given in accordance with the By-Laws of the corporation on February 20, 1973, at 11:00 A.M., at Fidelity Mutual Life Building, Philadelphia, Pennsylvania 19101, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect: 1. RESOLVED, that FM AIR RIGHTS COMPANY hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as Tract No. 3 and is presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended (hereinafter referred to as the 1960 Lease) originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Downtown Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and 2. FURTHER RESOLVED, that FM AIR RIGHTS COMPANY hereby requests that Tracts No. 6, 7 and 8, more particularly shown 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 (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the 1972 Lease) between the State of Georgia, as Lessor, and Allright Parking

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of Georgia, Inc. as Lessee, be severed from the 1972 Lease; and 3. FURTHER RESOLVED, that FM AIR RIGHTS COMPANY hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc., as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; and 4. FURTHER RESOLVED, that FM AIR RIGHTS COMPANY hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under FM AIR RIGHTS COMPANY as to damages arising from such action. I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in FM AIR RIGHTS COMPANY: NAME OFFICE Donald L. Goetz President D. Eugene Hamme Vice President Richard H. Hollenberg Secretary John M. Ryan Treasurer Frank W. Hatfield Assistant Secretary and Assistant Treasurer

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I further certify that the Charter and By-Laws of FM AIR RIGHTS COMPANY do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of FM AIR RIGHTS COMPANY this 20th day of February, 1973. /s/ Richard H. Hollenberg Secretary (SEAL). EXHIBIT I CERTIFIED RESOLUTION I, the undersigned, hereby certify that I am the Secretary of CITY CENTER, INCORPORATED and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of CITY CENTER, INCORPORATED held after proper legal notice given in accordance with the By-Laws of the corporation on February 20, 1973, at 6:00 P.M., at 118 West Wesley Road, N.W., Atlanta, Georgia, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect: 1. RESOLVED, that CITY CENTER, INCORPORATED hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as Tract No. 3 and is presently subleased to Omni International Inc.) of that lease dated January 12, 1960, as amended, (hereinafter referred to as the 1960 Lease) originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Downtown Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and

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2. FURTHER RESOLVED, that CITY CENTER, INCORPORATED hereby requests that Tracts No. 6, 7 and 8, more particularly shown 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 (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the 1972 Lease) between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease; and 3. FURTHER RESOLVED, that CITY CENTER, INCORPORATED hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc. as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; and 4. FURTHER RESOLVED, that CITY CENTER, INCORPORATED hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to idemnify the State of Georgia against any and all claims of persons claiming by, through or under CITY CENTER, INCORPORATED as to damages arising from such action. I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the

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designated offices set opposite their names in CITY CENTER, INCORPORATED: NAME OFFICE Robert B. Troutman, Jr. President Buck Mickel Vice-President Hal F. Dumas, Jr. Secretary Lois D. Troutman Assistant Secretary I further certify that the Charter and By-Laws of CITY CENTER, INCORPORATED do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of CITY CENTER, INCORPORATED this 20th day of February, 1973. /s/ Lois D. Troutman Assistant Secretary (SEAL). EXHIBIT J CERTIFIED RESOLUTION I, the undersigned, hereby certify that I am the Secretary of ALLRIGHT PARKING OF GEORGIA, INC. and that the following is a true copy of resolutions duly adopted at the meeting of the Board of Directors of ALLRIGHT PARKING OF GEORGIA, INC. held after proper legal notice given in accordance with the By-Laws of the corporation on February 21, 1973, at 11:00 A.M., at 100 Luckie Street, N.W., Atlanta, Georgia, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect: 1. RESOLVED, that ALLRIGHT PARKING OF GEORGIA, INC. hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as Tract No. 3 and is

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presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended, (hereinafter referred to as the 1960 Lease) originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Downtown Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and 2. FURTHER RESOLVED, that ALLRIGHT PARKING OF GEORGIA, INC. hereby requests that Tracts No. 6, 7 and 8, more particularly shown 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 (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the 1972 Lease) between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease; and 3. FURTHER RESOLVED, that ALLRIGHT PARKING OF GEORGIA, INC. hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting by and through the State Properties Control Commission, as Lessor and Omni International, Inc. as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; and

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4. FURTHER RESOLVED, that ALLRIGHT PARKING OF GEORGIA, INC. hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under ALLRIGHT PARKING OF GEORGIA, INC. as to damages arising from such action. I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in ALLRIGHT PARKING OF GEORGIA, INC.: NAME OFFICE Garland Follis President D. C. Richie Vice President and Assistant Secretary Gene Bartholomew Vice President and Secretary D. M. Carothers Vice President Jay Layden Vice President Robert Hudspeth Vice President I further certify that the Charter and By-Laws of ALLRIGHT PARKING OF GEORGIA, INC. do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of ALLRIGHT PARKING OF GEORGIA, INC. this 22nd day of February, 1973. /s/ D. C. Richie Assistant Secretary (SEAL). EXHIBIT K I, the undersigned, hereby certify that I am the Secretary of OMNI INTERNATIONAL, INC. and that the following

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is a true copy of resolutions duly adopted at the meeting of the Board of Directors of OMNI INTERNATIONAL, INC. held after proper legal notice given in accordance with the By-Laws of the corporation on February 20, 1973, at 10:00 A.M., at First National Bank Tower-Lobby, Atlanta, Georgia, at which a quorum of Directors was present, and that such resolutions have not been altered, repealed or amended and remain in full force and effect: 1. RESOLVED, that OMNI INTERNATIONAL, INC. hereby requests that Tract No. 3, more particularly shown as Tract III on a plat of survey prepared by Watts Browning, Engineers, dated February 6, 1967 (which said Tract is hereinafter referred to as Tract No. 3 and is presently subleased to Omni International, Inc.) of that lease dated January 12, 1960, as amended, (hereinafter referred to as 1960 Lease) originally between the Western and Atlantic Railroad Commission (predecessor to the State Properties Control Commission) as Lessor, and City Center, Incorporated as Lessee, subsequently assigned by City Center, Incorporated to Downtown Development Corp., FM Air Rights Company, and City Center, Incorporated, be severed from the 1960 Lease; and 2. FURTHER RESOLVED, that OMNI INTERNATIONAL, INC. hereby requests that Tracts No. 6, 7 and 8, more particularly shown 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 (which said Tracts No. 6, 7 and 8 are presently subleased to Omni International, Inc.) of that lease dated March 1, 1972, (hereinafter referred to as the 1972 Lease) between the State of Georgia, as Lessor, and Allright Parking of Georgia, Inc. as Lessee, be severed from the 1972 Lease; and 3. FURTHER RESOLVED, that OMNI INTERNATIONAL, INC. hereby requests that Tract No. 3 of the 1960 Lease and Tracts No. 6, 7 and 8 of the 1972 Lease be united into a new lease directly between the State of Georgia, acting

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by and through the State Properties Control Commission, as Lessor and Omni International, Inc. as Lessee, a copy of the form of which is attached hereto and entitled FORM OF LEASE BETWEEN THE STATE OF GEORGIA AND OMNI INTERNATIONAL, INC. COMMENCING UPON EXECUTION AND EXPIRING ON DECEMBER 27, 2044, OF CERTAIN PROPERTY OWNED BY THE STATE OF GEORGIA, INCLUDING GROUND AND AIR RIGHTS IN THE AREA LYING NORTHERLY OF TECHWOOD VIADUCT AND EXTENDING TO A POINT NORTH OF FOUNDRY STREET IN THE CITY OF ATLANTA, FULTON COUNTY, GEORGIA; and 4. FURTHER RESOLVED, that OMNI INTERNATIONAL, INC. hereby consents to the taking of such action by the State of Georgia as is set forth in the resolutions numbered 1, 2 and 3 immediately preceding this resolution numbered 4 and hereby agrees to indemnify the State of Georgia against any and all claims of persons claiming by, through or under OMNI INTERNATIONAL, INC. as to damages arising from such action. I further certify that the persons hereinafter named now hold and are the fully qualified and acting incumbents of the designated offices set opposite their names in OMNI INTERNATIONAL, INC.: NAME OFFICE Maurice D. Alpert President Lloyd T. Whitaker Vice President Tom Linder, Jr. Vice President James M. May, Jr. Vice President and Treasurer Barbara E. Nelson Secretary Robert P. Hunter, Jr. Assistant Secretary Albert C. Tate, Jr. Assistant Secretary I further certify that the Charter and By-Laws of OMNI INTERNATIONAL, INC. do not require more than one corporate officer to execute documents on behalf of the corporation in order to legally bind the corporation.

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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of OMNI INTERNATIONAL, INC. this 22nd day of February, 1973. /s/ Barbara E. Nelson Secretary (SEAL). Approved April 9, 1973. COMPILER'S NOTE: On April 9, 1973 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. COUNTY LAW LIBRARY ACT AMENDED. No. 205 (House Bill No. 274). An Act to amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), so as to clarify the provisions relating to treasurer of the Board of Trustees; to include traffic cases tried in the Court of Ordinary within the provisions of said Act; to authorize the use of funds to pay for the services of a librarian; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), is hereby amended by striking the last sentence from section 1, so that when so amended section 1 shall read as follows: Section 1. There is hereby created in each county in Georgia a board to be known as the Board of Trustees of the County Law Library, and hereafter referred to as the

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Board. Said Board shall consist of the senior judge of the Superior Court of the circuit in which said county is located, the ordinary, the senior judge of the State Court, if any, and two practicing attorneys of said county. Said practicing attorneys shall be selected by the other trustees and serve at their pleasure. All of said trustees shall serve without pay. The senior judge of the superior court shall be chairman of said Board and a majority of the members of said Board shall constitute a quorum for the purpose of transacting all business that may come before the Board. 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. There is hereby created an office to be known as secretary-treasurer of the Board of Trustees of the County Law Library in each such county, who shall be selected and appointed by the Board, and he shall serve at the pleasure of the Board. Such person shall perform the duties provided for the treasurer in this Act. The Board of Trustees may designate the ordinary or a deputy clerk of superior court of each such county to act as librarian and any such official shall not receive any additional compensation for the performance of such duties. The Board, however, in its discretion, may designate some other person to act as librarian and fix the compensation for such person. Secretary-treasurer. Section 3. Said Act is further amended by adding after the word Courts in the first sentence of section 6 the words and traffic cases tried in the Court of Ordinary, so that when so amended section 6 shall read as follows: Section 6. For the purpose of providing funds for the purpose of purchasing law books, reports, texts and periodicals for such library, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of

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civil or criminal or quasi-criminal nature, filed in the Superior and State Courts and in traffic cases tried in the Court of Ordinary, in and for said counties. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the senior judge of the Superior Court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless said senior judge shall first determine that a need exists for a law library in such county. The clerks of each and every such court in such counties in which such a law library shall be established shall collect such fees and remit same to the treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month. Where the costs in criminal cases are not collected, the costs herein provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall be made. Costs. Section 4. Said Act is further amended by adding at the end of the first sentence of section 7 the words including the services of a librarian, so that when so amended section 7 shall read as follows: Section 7. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein provided shall be used for the following purposes: The purchase of law books, reports, texts and periodicals, supplies, desks, and equipment and for the maintenance, upkeep and operation of said law library, including the services of a librarian. All law books, reports, texts and periodicals purchased by the use of gifts and from the aforesaid funds shall become the property of the county. Purposes. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1973.

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HEALTHPROVISION MADE FOR CERTAIN NURSES TO PARTICIPATE IN ADMINISTERING ANESTHESIA. No. 209 (Senate Bill No. 309). An Act to provide for the participation of nurse anesthetists in the administration of anesthesia; to provide a definition; to provide the professional and educational standards of said nurses; to provide that this Act does not apply to certain persons; 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, a certified registered nurse anesthetist shall mean any person who is a registered nurse as defined in Code section 84-9916, who has successfully completed the education program of a school of nursing accredited by the National League of Nursing, who has successfully completed the educational program of a school for nurse anesthetists accredited by the American Association of Nurse Anesthetists and who either is certified as a registered nurse anesthetist by the American Association of Nurse Anesthetists or has an application for certification pending within the American Association of Nurse Anesthetists. Section 2. In any case where it is lawful for a duly licensed physician practicing medicine under the laws of this State to administer anesthesia, such anesthesia may also lawfully be administered by a certified registered nurse anesthetist provided that such anesthesia is administered under the direction and responsibility of a duly licensed physician with training or experience in anesthesia. Supervision. Section 3. Nothing herein shall prevent any person legally qualified and engaged in the administration of anesthesia prior to the effective date of this Act from continuing to administer anesthesia in this State provided such administration of anesthesia is in accordance with the laws of this State. Exemption.

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1973. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYSACT AMENDEDPROVISION MADE FOR LIGHTED LAMPS ON CERTAIN VEHICLES WHEN RAINING. No. 210 (Senate Bill No. 152). 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 motor vehicles being operated on the highways of this State shall display lighted lamps and illuminating devices when it is raining in the driving zone; and 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 striking section 103 in its entirety and inserting in lieu thereof a new section 103, to read as follows: Section 103. When lighted lamps are required. Every vehicle upon a highway within this State at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively

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required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MOTOR VEHICLESDRIVER'S LICENSE MAY BE DEPOSITED AS BAIL ON ARREST FOR TRAFFIC OFFENSES. No. 211 (House Bill No. 3). An Act to provide that persons arrested for violating certain traffic laws may deposit with the apprehending officer their driver's license as bail, in lieu of being immediately brought before the proper magistrate to enter into a formal recognizance or make a deposit of money; to provide procedures; 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. Any other laws of the State of Georgia to the contrary notwithstanding, any person who is arrested by an officer for the violation of a traffic law or traffic ordinance, except any offense for which a license may be revoked by the Commissioner of Public Safety for a first offense, upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration, may, upon agreement with the arresting officer deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate

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judicial officer. A receipt for such license so deposited shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this State during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Deposit of driver's license. Upon receipt of the license as bail the officer may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons. The court in which the charge is lodged shall immediately forward to the Department of Public Safety of the State of Georgia the license which was deposited in lieu of bail if the driver fails to appear and answer to the charge against him. The Commissioner of Public Safety shall, upon receipt of a license so forwarded by the court, suspend the driver's license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated. Section 2. The Commissioner of Public Safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this act and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Act. Rules. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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SALESWAREHOUSEMEN'S LIEN ON HOUSEHOLD GOODSPROVISION MADE FOR EFFECTIVENESS, ETC. Code 109A-7-209 Amended. No. 212 (House Bill No. 40). An Act to amend Code section 109A-7-209, relating to lien of warehouseman, so as to provide for the effectiveness of a warehouseman's lien on household goods for charges and expenses in relation thereto; 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 109A-7-209, relating to lien of warehouseman, is hereby amended by striking subsection (3) thereof in its entirety and substituting in lieu thereof a new subsection (3) of Code section 109-A-7-209 to read as follows: (3) (a) A warehouseman's lien for charges and expenses under subsection (1) or a security interest under subsection (2) is also effective against any person who so entrusted the bailor with possession of the goods that a pledge of them by him to a good faith purchaser for value would have been valid but is not effective against a person as to whom the document confers no right in the goods covered by it under section 109A-7-503. Code 109A-7-209 amended. (b) A warehouseman's lien on household goods for charges and expenses in relation to the goods under subsection (1) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. `Household goods' means furniture, furnishings and personal effects used by the depositor in a dwelling. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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GASOLINE MARKETING PRACTICES ACT. No. 213 (House Bill No. 67). An Act to provide for the regulation of marketing agreements between gasoline distributors and gasoline dealers; to provide a short title; to provide for declaration of policy; to provide for definitions; to provide that gasoline dealers shall have a cause of action against gasoline distributors under certain circumstances; to provide that the gasoline distributors shall have certain defenses; to provide that gasoline distributors shall have a cause of action against gasoline dealers under certain circumstances; to provide for damages; 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 Gasoline Marketing Practices Act. Section 2. Declaration of Policy. The General Assembly finds and declares that the distribution and sales through marketing agreements of gasoline in the State of Georgia vitally affects the general economy of the State, the public interest and public welfare, and that it is necessary, therefore, in the public interest to define the relationships and responsibilities of the parties to such agreements. Section 3. Definitions. As used in this Act: (a) automotive gasoline distributor means any person, who is a manufacturer or owner of the trademark, trade name, service mark or other identifying symbol for which said marketing agreement is entered. (b) automotive gasoline dealer means any person engaged primarily in the retail sale of automotive gasoline and related products and services under a marketing agreement entered into with an automotive gasoline distributor. (c) marketing agreement means an agreement, including a franchise, and all related agreements, between an

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automotive gasoline distributor and an automotive gasoline dealer under which such dealer is supplied automotive gasoline for retail sale under the trademark, trade name, service mark, or other identifying symbol or name owned or used by automotive gasoline distributor, or an agreement between an automotive gasoline distributor and an automotive gasoline dealer under which the automotive gasoline dealer is granted the right to occupy premises owned, leased or controlled by the automotive gasoline distributor, for the purpose of engaging in the retail sale of gasoline of the automotive gasoline distributor; (d) retail sale of automotive gasoline means the sale thereof for consumption, and not for resale, at a retail outlet serving the motoring public. Nothing in this Act shall be construed as to repeal in any way the definition of distributor and the definition of dealer contained in Ga. L. 1937, pp. 167, 169, as amended, Ga. Code Ann. 92-1402 (J) (M). Section 4. It shall be a violation of this Act for any gasoline distributor who has a marketing agreement with a gasoline dealer, directly or indirectly, through any officer, agent or employee, to commit any of the following acts: Violations. (a) to terminate or cancel such marketing agreement without good cause prior to the expiration date; (b) to terminate or cancel an existing marketing agreement prior to expiration date or to not enter subsequent agreements without having first given written notice setting forth all the reasons for such action to the gasoline dealer at least sixty (60) days in advance of such termination, cancellation or expiration of the existing agreement; provided, however, that such notice shall not be required of a gasoline distributor acting with reasonable cause to believe said dealer is maliciously and willfully damaging the property rights of said gasoline distributor, who has voluntarily abandoned the marketing relationship, or who after five days notice has failed to pay his just debts when due to said distributor;

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(c) by the use of coercion, intimidation or threats, to force or induce such gasoline dealer to deal exclusively in products manufactured, distributed or sponsored by such gasoline distributor or to participate in promotions. Hours of operation, which shall be set in the original agreement, can only be changed by mutual consent. It shall also be the duty of the distributor to advise the dealer in writing prior to execution of the agreement the projected potential gallonage and the dealer shall acknowledge same in writing prior to execution of the marketing agreement that he is willing to accept same; (d) to engage in any acts which have the purpose, intent or effect of fixing or maintaining prices, or of forcing or inducing adherence to prices at which such gasoline distributor's products are to be resold by such gasoline dealers: Provided, that nothing herein shall be deemed to prohibit recommendation, suggestion, urging or discussion; (e) to require a gasoline dealer, at the time of entering into a marketing agreement, to assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by this Act; (f) to require or prohibit any change in management of any gasoline dealer unless such requirement or prohibition of change shall be for good cause, which cause shall be stated in writing by the gasoline distributor; (g) to impose standards of performance upon the gasoline dealer other than those in the marketing agreement; (h) to provide any term or condition in any marketing agreement, or other agreement, ancillary or collateral thereto, which term or condition directly or indirectly violates this Act. Section 5. Any gasoline dealer may bring action against its gasoline distributor for violation of this Act in the Superior Court of the County where such distributor resides or, if the distributor is a corporation, in accordance with the provisions of Code Title 22, the Georgia Corporation

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Code, as amended, to recover damages sustained by reason of any violation of this Act. Provided that the dealer shall show as a prerequisite to recovery under this section that he has: (a) complied with the requirements of the marketing agreement; and (b) has acted in good faith in carrying out the terms of the marketing agreement. Attorneys' fees shall be controlled by Code Section 20-1404, as now or hereafter amended: Damages. Section 6. This Act shall not apply to a marketing agreement granted prior to the effective date of this Act; provided, however, that a renewal of a marketing agreement or an amendment extending the lease period shall not be excluded from the application of this Act. Exemption. Section 7. Defenses of gasoline distributor. (a) It shall be a defense to any action brought under Section 5 that the marketing agreement was terminated or cancelled because: (i) the distributor is not receiving rental in accordance with the terms of the agreement. (ii) of other legitimate business reasons; provided, however, that a termination or cancellation of a marketing agreement for the purpose of enabling the gasoline distributor to assume operation of the gasoline dealer's business, shall not be considered a legitimate business reason unless the gasoline dealer is offered at the time of such notice reasonable compensation for the value of his business. (b) No gasoline distributor may raise any defense set forth in subsection (a) of this Section to an action brought under section 5 unless he shall have given to the gasoline dealer who brings such action the written notice required by section 4(b) of this Act; (c) These defenses are in addition to other defenses available under contract or provided by law.

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Section 8. Upon receipt of notice to cancel or terminate an existing lease prior to expiration date, it shall be the duty of the dealer to notify the distributor within thirty (30) days thereof of his intention to hold over and to set forth in writing to the distributor his reasons and justifications therefor and to thereafter within ten (10) days file his complaint or application for injunction in the court of proper jurisdiction, and the judge of said court shall within fifteen days conduct a hearing in said matter and thereafter within five days hand down a ruling based upon evidence presented as to the granting of a temporary injunction and failing to grant said injunction the dealer shall vacate said premises all according to said lease agreement. Injunction. Section 9. In order for the provisions of this Act to to apply, it shall be necessary that all contracts be in writing. Written contracts. Section 10. This Act is not intended to alter or change the present law or regulations pertaining to the sale or transfer of title to real property, and the owner may at any time enter into a contract for the bona fide sale of his property. Section 11. Distributors Cause of Action. Any gasoline distributor may bring action against the dealer for failing to fulfill the marketing agreement and said dealer shall be liable for rental return as outlined in Section 7(a) (i). Attorneys' fees shall be controlled by Georgia Code Section 20-1404, as now or hereafter amended. Section 12. Limitations. No action shall be brought under section 5 or section 11 of this Act unless commenced within two years after the cause of action shall have accrued. Section 13. Saverability. 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,

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sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYSPROVISION MADE FOR UNIFORM ACCIDENT REPORTS, ETC. No. 214 (House Bill No. 73). 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. 557), as amended, so as to require the Department of Public Safety to prescribe, by rule, uniform motor vehicle accident reports and reporting procedures; 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. 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding to Article IV, after section 46, a new section, to be designated section 46A, to read as follows: Section 46A. Uniform Reports and Procedures. The Department shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether State, county, or municipal.

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The rules shall be adopted in accordance with the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338). The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The Department may, by rule, require additional investigation or reports in case of serious bodily injury or death. Section 2. This Act shall become effective on January 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1974. MOTORCYCLESCERTAIN LIGHTS REQUIRED TO BE IGNITED DURING OPERATION ON PUBLIC ROADS. No. 215 (House Bill No. 98). 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), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 475), so as to require that the headlights and rear lights of motorcycles shall be ignited during all hours of operation upon the public roads of this State; to provide a penalty; 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), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 475), is hereby amended by adding

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at the end of section 1 a new subsection, to be numbered subsection (e), to read as follows: (e) A person operating a motorcycle shall have the headlight and rear light of such motorcycle ignited during all hours of operation upon the public roads of this State. Lights. Section 2. 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. (a) Any person who shall violate the provisions of subsection (e) of section 1 shall be fined not more than $10 for each such violation. Fine. (b) Any person who shall violate any other provision of this Act or any rule or regulation promulgated by the Director shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Misdemeanor. (c) Notwithstanding any other provisions of this Act, it shall be lawful for any person licensed to operate a motorcycle in this State to operate a motorcycle designed exclusively for use in trail riding, or sporting events known as endurance runs, during the actual running of such events when same shall have been sanctioned by the American Motorcycle Association, on portions of the public highways between sunrise and sunset without headlights, horn or rearview mirror, when officials of said events have secured permission from the Department of Public Safety. Exemption. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1972.

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JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDLOCAL CIVIL DEFENSE EMPLOYEES MAY BE COVERED, ETC. No. 216 (House Bill No. 258). 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 authorize coverage of employees of local civil defense organizations; to define certain terms; 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 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 2 thereof two new subsections, to be known as subsections (12) and (13), to read as follows: (12) `Civil Defense Division' shall mean the Civil Defense Division of the Department of Public Defense of the State of Georgia, as created by that certain Act known as the `Georgia Civil Defense Act of 1951', approved February 19, 1951 (Ga. L. 1951, p. 224), as amended. Civil Defense Division defined. (13) `Local civil defense organization' shall mean and include all those local organizations for civil defense established pursuant to that certain Act known as the `Georgia Civil Defense Act of 1951', approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, by a municipal corporation, a county, a combination of one or more municipal corporations and/or one or more counties, or the Governor, or the Director of Civil Defense at the request of the Governor, but shall not be construed to include the Civil Defense Division of the Department of Public Defense. Local civil defense organizations defined.

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Section 2. Said Act is further amended by adding a new section to be known as section 9e, to read as follows: Section 9e. The Civil Defense Division of this State, as herein defined, is hereby empowered to establish a retirement plan, which may include death benefits and disability retirement benefits for the employees, as herein defined, of the local civil defense organizations, as herein defined, and to implement such plan by contract with the Board of Trustees. The Board of Trustees is hereby authorized, in its discretion, to contract with said Civil Defense Division to provide retirement and other benefits to employees of local civil defense organizations, and to exercise such other powers as may be necessary or incidental to carry out the purposes of this Act, as amended. Any local civil defense organization is hereby authorized to contract with the Civil Defense Division to subscribe to said retirement plan as contemplated herein and to subscribe to and be bound by such contracts as are contemplated herein, and to pay the costs and benefits provided for therein from funds made available to them for such purpose in their respective budgets. Retirement plan. The local civil defense organizations shall each pay their respective portions of the administrative costs of the Board in administering the system. The retirement plan established by the Civil Defense Division through contract with the Board of Trustees shall be subscribed to by mutual agreement between the respective local civil defense organizations and the Civil Defense Division. Such plan may make reasonable classifications of employees and provide for the integration of such plan with social security benefits. A plan enacted pursuant to this Section of this Act may provide for money purchase benefits or for fixed benefits, and such plan may provide for optional settlement benefits which are determined by the board to be actuarially equivalent to the primary retirement benefit provided in the respective contract. Any contract entered into pursuant to this

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Section which provides a fixed plan shall contain a provision that such fixed benefits are to be provided, to the extent fixed in such plan, by the local civil defense organization and that the board does not guarantee the fixed amount. Such plan may provide for death benefits and disability retirement benefits in addition to retirement benefits. Such plan may provide for the local civil defense organizations 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. The local civil defense organizations shall not have a voting right as provided for municipal corporations under Section 5 of this Act, nor shall any employee of such local organizations be eligible to serve on the Board of Trustees. (1) The definition of `Member Municipality' in section 2(3) of this Act shall be interpreted to include the local civil defense organizations, except with respect to section 9 of this Act. (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 local civil defense organizations. (3) The definition of `Participating Employee' in section 2(6) of this Act shall be interpreted to include any employee of the local civil defense organizations for whom contributions to the retirement system are being made under a contract. 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 13, 1973.

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DEPARTMENT OF PUBLIC SAFETYCERTAIN MEMBERS COMPENSATION CHANGED, ETC. No. 217 (House Bill No. 344). An Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322) as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 354), so as to change the compensation of certain members of the Department of Public Safety; to provide that the Department of Public Safety may pay additional compensation for extra or overtime work when Federal funds are available 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 creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 354), is hereby amended by striking from section 2 of Article II 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 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,

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shall be entitled to the increases hereinafter provided for length of service on such base salary., and inserting in lieu thereof the following: Salaries. 2 Majors $7,850 per year, each 6 Captains $7,230 per year, each 12 1st Lieutenants $6,810 per year, each Salaries. 2 Sergeant Majors $6,600 per year, each 60 Sergeants $6,490 per year, each 60 Corporals $6,170 per year, each Troopers $5,700 per year, each There shall be no more than seven Chief Radio Operators and no more than six 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 $7,175 per annum. Radio Operators, License Examiners and Clerk-Dispatchers shall be compensated at the rate of $6,550 per annum. All Radio Operators, all License Examiners, and all Clerk-Dispatchers, although not members of the Uniform Battalion, shall be entitled to the increases hereinafter provided for length of service on such base salary. Section 2. Said Act is further amended by adding the following new paragraph after the third paragraph of section 2 of Article II which begins Said salaries: The Department of Public Safety shall also be authorized to pay to officers, non-commissioned officers, and troopers additional compensation for extra or overtime work if the funds for the additional compensation are provided by an agency, bureau, commission, or department of the United States government. Federal Funds. Section 3. Said Act is further amended by adding to the first unnumbered paragraph of section 6, following the word law, the following:

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, any additional compensation provided by or through federal funding to which he may be entitled,, so that when so amended, the first unnumbered paragraph of section 6 shall read as follows: No officer or trooper of the Uniform Division of the Department of Public Safety shall receive any emolument of any kind, save their salary provided by law, any additional compensation provided by or through federal funding to which he may be entitled, and such expense as may be legally incurred or authorized. Provided, that any officer or trooper shall be entitled to receive a legal reward for the apprehension of any criminal, but shall not receive a reward for the recovery of property of any character. Compensation allowable. Section 4. Said Act is further amended by adding to the first unnumbered paragraph of section 15, following the word salary, and before the comma, the following: and any additional compensation provided by or through federal funding to which he may be entitled, so that when amended, the first unnumbered paragraph of section 15 shall read as follows: All prosecution for any offense under the statute law of this State and under this Act, where an arrest is made by the Uniform Division of the Department of Public Safety, shall be laid as to venue and trial as criminal offenses of the same grade are fixed by law, and in the court having jurisdiction thereof. No member of the Uniform Division of the Department of Public Safety known as the `Georgia State Patrol' shall receive any costs, emoluments or other compensation other than his salary and any additional compensation provided by or through federal funding to which he may be entitled, except a legal reward as otherwise stated in this Act, but all fines and costs shall be paid into the treasury of the tribunal having jurisdiction of such offense and distributed according to law. Disposition of fines.

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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 13, 1973. ROADS SIGNSPENALTY PROVIDED FOR DEFACING, ETC., ROAD SIGNS AND DRIVING ON ROADS NOT OFFICIALLY OPENED. No. 218 (House Bill No. 351). An Act to provide that it shall be unlawful to tear down, deface, or change a detour sign, warning sign, barricade or fence or to drive around a barricade or fence or a road closed sign or to drive upon a section of road not officially opened to public traffic by the proper authority or to wilfully ignore or disregard a warning sign before the road has been officially opened to public traffic by the proper authority; to provide for penalties; 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. Definitions as used in this Act: (a) Detour sign means any sign placed across or on a public road of the State, by the State, the county or municipal authorities or by their contractors, indicating that such road is closed or partially closed, which sign also indicates the direction of an alternate route to be followed to give access to certain points. (b) Warning sign means a sign indicating construction work in area.

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(c) Barricade means a barrier for obstructing the passage of motor vehicle traffic. (d) Fence means a barrier to prevent the intrusion of motor vehicle traffic. (e) Officially closed means a highway or road that has been officially closed by a governmental unit, the Department of Transportation, a city or county. (f) Proper authority means the Department of Transportation or in an appropriate case, the county or municipal officer responsible for constructing or maintaining roads. Section 2. Any person who wilfully destroys, knocks down, removes, defaces, alters any letters or figures on a detour or warning sign set upon a highway or road of this State, or who wilfully knocks down, removes, rearranges, destroys, defaces, alters any letter or figures on a barricade or fence erected on any highway or road of this State, or who drives around, or through any barricade or fence on any officially closed highway or road of this State or drives around such detour sign or barricade or fence or any person who drives upon a section of road before such road has been officially opened to public traffic by the proper authority, or any person who wilfully ignores or disregards a warning sign before such road has been officially opened to public traffic by the proper authority, shall be guilty of a misdemeanor. Penalty. Section 3. This Act shall not apply: to peace officers in the performance of their duties; to employees of the Department of Transportation; to employees of the contractor who constructed the road; to employees of federal agencies when engaged in inspections or surveys, repairs, maintenance, or construction on or alongside such highways, within the right of way; to individuals domiciled or making their livelihood within the affected areas; to any person or group of persons who shall be authorized to be within the affected areas by an appropriate county or municipal officer, or by the Department of Transportation. 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 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 13, 1973. BAILPERSONS CHARGED WITH MISDEMEANORBAIL MANDATORY DURING APPEALETC. Code 27-901 Amended. No. 219 (House Bill No. 377). An Act to be entitled an Act to amend Code section 27-901 relating to before whom offenses are bailable, so as to provide that certain offenses shall be bailable only before a judge of the superior court; to provide that at no time while an appeal is pending shall any person charged with a misdemeanor be refused bail; 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 27-901, relating to bail in capital and other cases, is hereby amended by striking the words Capital offenses at the beginning of said Section and substituting in lieu thereof the following: The offenses of rape, armed robbery, aircraft hijacking, treason, murder, and perjury, and offenses of giving, selling, offering for sale, bartering, or exchanging of any narcotic drug,

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and by striking the words a bill of exceptions and substituting in lieu thereof the following: an appeal so that when amended said section shall read as follows: 27-901. Before whom offenses are bailable. When person charged with misdemeanor may be bailed. The offenses of rape, armed robbery, aircraft hijacking, treason, murder, and perjury, and offenses of giving, selling, offering for sale, bartering, or exchanging of any narcotic drug are bailable only before a judge of the superior court; and this is, in every case, a matter of sound discretion. All other offenses are bailable by the commitment court. At no time, either before the commitment court, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. 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 13, 1973. MOTOR VEHICLESREGISTRATION APPLICATIONS NEED NOT BE UNDER OATH. Code 68-205 Amended. No. 220 (House Bill No. 424). An Act to amend Code section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 424), so as to remove therefrom the requirement

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that such applications must be sworn to; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 424), is hereby amended by striking therefrom the following: be sworn to and shall include such additional and substituting in lieu thereof the following: contain such, so that when so amended Code section 68-205 shall read as follows: 68-205. Registration of motor vehicles; applications, ownership; vehicles registered in other States; records. Initial applications for registration by owners of motor vehicles shall contain such information of ownership as the State Revenue Commission shall deem proper, and no motor vehicle shall be registered unless the State Revenue Commission shall be satisfied the applicant for registration is entitled to have the motor vehicle registered in his name. Proof of purchase at a judicial sale or previous registration in this State by the applicant may be accepted as evidence of ownership by the State Revenue Commission. Applicants for registration for motor vehicles brought into this State previously registered in other States shall be accompanied by an affidavit from the motor vehicle registering official of that State, or other satisfactory evidence indicating that the applicant is the lawful owner of said motor vehicle, including the date, name and address of the person from whom said vehicle was purchased. The State Revenue Commission shall maintain a record of motor vehicles reported stolen within this State against which all applications for certificates of registration shall be checked. The State Revenue

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Commission, in its discretion, may destroy all motor vehicle records except those of the current year and the two years next preceding. Code 68-205 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MOTOR VEHICLE LICENSE TAGSNATIONAL GUARDSMEN TO BE FURNISHED FREE. No. 221 (House Bill No. 441). An Act to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 57), as amended, so as to provide for the issuance of license plates free of charge to members of the National Guard; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of special motor vehicle license tags to members of the Georgia National Guard, approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 57), 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. Effective as applied to the license tags for the year 1974, owners of motor vehicles who are members of the Georgia National Guard upon application for license tags therefor, and upon compliance with the State motor vehicle laws relating to registration and licensing of motor vehicles, as prescribed under Code section 68-214 and 68-215, as now are hereafter amended, shall be issued, free of charge, a license plate, as prescribed in said Code sections for private passenger cars or trucks used for personal transportation,

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provided each member of the Georgia National Guard shall be entitled to no more than one such tag at a time. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to distinctively identify the owner as a member of the Georgia National Guard. The Adjutant General of Georgia shall furnish to the Commissioner of Revenue each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard. Tag. Section 2. Each member of the National Guard shall be limited to one tag under the provisions of section 1. Limitations. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MOTOR VEHICLESPENALTY PROVIDED FOR ALTERATION OF CERTAIN SUSPENSION SYSTEMS. No. 222 (House Bill No. 466). An Act to make it unlawful to alter the suspension system of any private passenger motor vehicle; to provide 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. It shall be unlawful to alter the suspension system of any private passenger motor vehicle more than two inches above or below the factory recommendation for any such vehicle, which may be operated on any public street or highway. Alteration. Section 2. 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.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ACT. No. 223 (House Bill No. 603). An Act to enact the Interstate Civil Defense and Disaster Compact; to provide for the purpose of said compact; to provide for the formulation of civil defense plans and programs; to enumerate certain uniform standards; to provide for mutual aid; to provide that persons licensed in other States for professional, mechanical or other skills may render aid involving their respective skills under certain conditions; to provide that no party State or its officers or employees rendering aid shall be liable on account of any act or omission while rendering aid in good faith; to provide for supplementary agreements with another State or States; to provide for the payment of compensation and death benefits; to provide for reimbursement under certain conditions; to provide for plans for the orderly execution and reception of the civilian population; to authorize the planning committee to act as an informational and coordinating body; to provide for the ratification of the compact; to provide for withdrawal from or termintion of said compact; to provide for the 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:

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Section 1. This Act shall be known and may be cited as the Interstate Civil Defense and Disaster Compact Act. Section 2. The Interstate Civil Defense and Disaster Compact is hereby enacted into law and entered into by the State of Georgia with any and all states legally joining therein in the form substantially as follows: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT The contracting States solemnly agree that: ARTICLE I The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full, and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care, and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment, or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the Civil Defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense of all party States shall constitute a committee to formulate plans, to take all necessary steps for the implementation of this compact. Purpose. ARTICLE II It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment

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available for civil defense. In carrying out such civil defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices and rules and regulations including: Civil defense plans. (a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services; (b) Blackouts and practice blackouts, air-raid drills, mobilization of civil defense forces and other tests and exercises; (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (d) The effective screening or extinguishing of all lights and lighting devices and appliances; (e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State; (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks; (h) The safety of public meetings or gatherings; and (i) Mobile support units. ARTICLE III Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the State rendering aid may withhold resources to the extent

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necessary to provide reasonable protection for such State. Each party State shall extend to the civil defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges and immunties as if they were performing their duties in the State in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the State receiving assistance. Aid. ARTICLE IV Whenever any person holds a license, certificate, or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate or other permit as if issued in the State in which aid is rendered. Licenses from other States. ARTICLE V No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. Personal liability. ARTICLE VI Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to,

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provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies. Intent. ARTICLE VII Each party State shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State. Compensation, etc. ARTICLE VIII Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil defense forces for the compensation paid to and the transportation, subsistence, and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment, or facilities so utilized or consumed. Reimbursement.

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ARTICLE IX Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees. Evacuation. ARTICLE X This compact shall be available to any State, Territory or possession of the United States, and the District of Columbia. The term `State' may also include any neighboring foreign country or province or State thereof. ARTICLE XI The committee established pursuant to Article I of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee. Coordinating body.

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ARTICLE XII This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and the Civil Defense Agency and other appropriate agencies of the United States Government. Effective date. ARTICLE XIII This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States. Duration. ARTICLE XIV This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. Contribution. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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EXECUTIVE REORGANIZATION ACT AMENDEDCHANGES MADE IN OFFICE OF HIGHWAY SAFETY. No. 224 (House Bill No. 630). An Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), so as to make certain changes therein in relation to the Office of Highway Safety; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), is hereby amended by striking in its entirety section 1605 and substituting in lieu thereof the following: Section 1605. Office of Coordinator of Highway SafetyContinued; Renamed; Transferred. The office of Coordinator of Highway Safety provided for in Ga. L. 1967, pp. 708, 709 (Ga. Code Ann. section 92A-1001), is continued, is renamed the Office of Highway Safety, and the Office is transferred to the Department of Public Safety for administrative purposes only. The director of the Office of Highway Safety is hereby designated the Governor's Highway Safety Representative and shall be appointed by the Governor and serve at his pleasure. The Office of Highway Safety is charged and empowered to carry out the responsibilities established by the National Highway Safety Act of 1966, Pub. Law 89-564, as amended. Unless inconsistent with this Act, any reference in Georgia Laws to the Coordinator of Highway Safety means the Office of Highway Safety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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DEPARTMENT OF PUBLIC SAFETYDRIVERS' LICENSESFOUR-YEAR LICENSE PROVIDED, ETC. No. 225 (House Bill No. 854). An Act to amend an Act creating a Department of Public Safety for Georgia and providing, among other purposes, for a program of drivers' licenses, including their classification, duration, expiration date and fees, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to authorize the Commissioner to refuse to issue or revoke the driver's license of certain persons; to make more explicit reference to current classes of drivers' licenses; to provide for a four-year license; to provide for a temporary privilege in certain holders of two-year licenses to convert to four-year licenses; to provide for changes in fees for drivers' licenses; to provide correct references to the Commissioner rather than to the Director of the Department (as provided by the Executive Reorganization Act of 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. An Act creating a Department of Public Safety for Georgia and, among other purposes, providing in section 5 of Article IV for the time for which drivers' licenses may be issued and their expiration date, approved March 19, 1937 (Ga. L. 1937, pp. 322, 344), as amended, particularly as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 433), and an Act approved March 3, 1964 (Ga. L. 1964, pp. 171, 172), is hereby amended by adding at the end of section 2 of Article IV the following: No license shall be issued to or retained by any person incapacitated by reason of disease, physical disability, or a confirmed drunkard or user of drugs, who by reason of such disability is unable to operate a motor vehicle with safety upon the public roads or highways within this State. Any license granted without knowledge of such disability shall be immediately revoked and canceled upon notice as herein provided. The Commissioner shall revoke the license of any

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operator or chauffeur upon receiving the record of such an operator's or chauffeur's conviction of the theft of a motor vehicle or any part thereof; and the Commissioner shall not consider the said convicted person's application for reinstatement of such revoked license until the expiration of the full term of the sentence imposed, whether served during actual imprisonment, probation, parole or suspension. It shall be grounds for the revocation of any such person's parole or probation if he operates a motor vehicle while his license is in revocation pursuant to this Act. Provided, however, that it shall be within the discretion of the trial judge, who imposed sentence upon the person convicted of the theft of a motor vehicle or any part thereof, to reinstate said person's driver's license after a reasonable time. Licenses. Section 2. Said Act is further amended by striking section 5 of Article IV in its entirety and substituting in lieu thereof the following: Section 5. Other than learners' permits and honorary licenses, and except as otherwise provided, licenses to operate motor vehicles of each class, which are hereafter newly-issued or renewed, shall expire on the holder's last birthday within the four-year period following the date the license was issued or renewed. For the purpose of this Act, in the event any person's birthday falls on February 29, it shall be deemed to fall on March 1st: All honorary licenses issued pursuant to an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 755), shall not expire by virtue of this Act, and shall remain in full force and effect until suspended, revoked or cancelled as provided by law. No person entitled to such honorary license shall be required to pay any fee therefor. Nothing contained herein shall prevent the revocation, suspension or cancellation of any license now in force or hereafter issued as is now or may be hereafter provided by law. A renewal license may be issued within a period of 90 days prior to the expiration of the license to be renewed. Application for license and renewal shall be made under oath on forms furnished by the Commissioner of the Department of Public Safety and must be accompanied by the fee charged, the name and address of the applicant, and if such

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applicant shall have been a former non-resident, all valid motor vehicle operator licenses issued to said applicant by any other state, and such other information as the Commissioner may deem necessary. The Commissioner of the Department of Public Safety is hereby authorized and empowered to require a photograph of the person to whom any license as provided by this Chapter is issued, to be securely placed on, affixed to, or made a part of said license in such manner as the Commissioner may provide. Any such photograph required under the provisions of this Act shall be made by personnel of the Department of Public Safety, at no cost to the licensee, except as provided in section 8 hereof. Period of license. Section 3. Said Act is further amended by adding to Article IV, following section 5, a new section, to be known as section 5A, and to read as follows: Section 5A. Persons issued a two-year license after January 1, 1973, and before four-year licenses become administratively available under the 1973 amendments, may, but shall not be required to, apply to convert their licenses to four-year licenses. The fee shall be the difference between the fee paid and the fee charged for a four-year license of the same class. The privilege must be exercised before a date set by the Commissioner of the Department of Public Safety, which date shall be January 1, 1974 or earlier. The four-year license obtained under this privilege shall be deemed to have been issued upon the date the two-year license was issued. Section 4. Said Act is further amended by striking in its entirety section 8 of Article IV and substituting in lieu thereof the following: Section 8. The fee for a learner's license or a renewal thereof shall be $1.50 per annum. The fee for a license to operate a class 1 or class 2 vehicle, or a renewal of such license, shall be $4.50 for a four-year license. The fee for a license to operate a vehicle in class 3, 4 or 5 shall be $8.50 for a four-year license. The fee for any duplicate license, as provided herein, shall be $1.50. No fee shall be required for

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the issuance of a veteran's license or duplicate veteran's license. Fees. 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 here hereby repealed. Approved April 13, 1973. GEORGIA SCENIC TRAILS ACT AMENDEDCONSTRUCTION OF BICYCLE TRAILS AUTHORIZED. No. 226 (House Bill No. 870). An Act to amend an Act known as the Georgia Scenic Trails Act, approved March 8, 1972 (Ga. L. 1972, p. 142), so as to authorize and direct the Georgia Department of Transportation to construct bicycle trails in this State; 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 Scenic Trails Act, approved March 8, 1972 (Ga. L. 1972, p. 142), is hereby amended by adding, between sections 5 and 6, a new Section to be known as section 5A, to read as follows: Section 5A. The Georgia Department of Transportation is hereby authorized to construct bicycle trails in this State after the routes of such trails have been determined by the Department of Natural Resources. Nothing contained herein shall be deemed or construed to prevent local governing authorities or private associations and organizations from constructing bicycle trails in this State. Provided, however, the power of eminent domain shall not be exercised for the acquisition or construction of such trails. Bicycle trails.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. BICYCLE SAFETY ACT. No. 227 (House Bill No. 899). An Act to provide for laws regulating the operation of bicycles; to provide a short title; to provide definitions; to provide equipment requirements; to provide for bicycle travel to be on the right side of the roadway; to forbid hitching of rides on vehicles; to provide for the manner of riding on a bicycle; to provide for carrying articles while operating a bicycle; to provide for local regulation; to authorize the Commissioner of Public Safety to promulgate rules and regulations; to provide for penalties; 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 Bicycle Safety Act. Section 2. When used in this Act, unless the context otherwise requires: (a) Bicycle means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having two wheels in a tandem. Bicycle defined. Section 3. Every person riding a bicycle upon a roadway or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided for by the laws of Georgia, except as to special regulations in this Act, and except as to those provisions of law which by their nature can have no application.

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Section 4. (a) 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 Commissioner of Public Safety is hereby authorized to promulgate rules and regulations and establish standards for such reflectors. Pedal reflectors. (b) The provisions of this Section shall not apply to any bicycle purchased by a retailer for the purpose of resale prior to July 1, 1972. Application. (c) 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 Section. Section 5. (a) No person shall operate a bicycle on a highway or roadway unless it is equipped with a brake which will enable the operator to make the rear braked-wheel skid on dry, level, clean pavement. Brakes. (b) No person shall operate on the highway or roadway any bicycle equipped with handlebars so raised that the operator must elevate his hands above the level of his shoulders in order to grasp the normal steering grip area. Handlebars. (c) No person shall operate upon any highway or roadway a bicycle which has been modified or altered in such a way as to cause the pedal in its lowermost position to be more than 12 inches above the ground. Pedal distance. (d) Every bicycle operated upon any highway or roadway during darkness shall be equipped with a lamp emitting a white light visible from a distance of 300 feet in front of the bicycle and with a red reflector on the rear of a type approved by the Department of Public Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from 300 feet to the rear may be used in addition to the red reflector. Lights.

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Section 6. (a) Every person operating a bicycle upon a highway or roadway shall ride as near the right side of the road as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. Travel area. (b) Whenever a usable path for bicycles has been provided adjacent to a highway or roadway, bicycle riders shall use such path and shall not use the highway or roadway. Section 7. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle on the roadway. Operation. Section 8. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. Same. (b) No person operating a bicycle upon a highway or roadway shall permit any person to ride on the handlebars. Section 9. No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars. Same. Section 10. This Act does not prevent local authorities, by ordinance, from regulating the operation, use, licensing, or equipment of bicycles, provided such regulation is not in conflict with the provisions of this Code. Section 11. This Act does not prevent any city from establishing, by ordinance, bicycle lanes separated from any vehicular lanes upon highways and roadways, nor does it prevent any city from regulating the operation, and use of bicycles and vehicles with respect to such bicycle lanes. Municipal Ordinances. Section 12. The Commissioner of Public Safety is hereby authorized to promulgate any rules and regulations necessary to carry this Act into effect. The Commissioner is also authorized to establish standards for the pedal reflectors, rear reflectors, headlamps, and other safety measures. The Commissioner is also authorized to promulgate rules and

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regulations and establish standards for any additional safety items relating to bicycles. Rules. Section 13. Any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Penalty Section 14. This Act specifically repeals, in its entirety, an Act providing 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, approved March 27, 1972 (Ga. L. 1972, p. 547). Repealer. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYSACT AMENDEDPROVISION MADE FOR CERTAIN RIGHT TURNS AT RED LIGHT, ETC. No. 228 (Senate Bill No. 214). 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 permit vehicular traffic to turn right when facing a red or Stop signal 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, is hereby amended by striking section 35(c) in its entirety and substituting

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in lieu thereof a new section 35(c), to read as follows: (c) Red alone or `Stop'. 1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection, or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or `Go' is shown alone, except as provided in subparagraph 2. 2. Vehicular traffic which is stopped as close as practicable to the nearest crosswalk at an intersection, or at such other point in obedience to a red or `Stop' signal, may make a right turn but yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Vehicular traffic may make a right turn against a red or `Stop' signal at any intersection only where a sign is erected permitting such right turn. 3. No pedestrian facing such signal shall enter the roadway until the green or `Go' is shown alone, unless authorized so to do by a pedestrian `Walk' signal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. REVENUEGRANTS TO COUNTIES FOR CERTAIN ROADS PROVIDED AD VALOREM TAX CREDIT PROVIDED, ETC. No. 229 (House Bill No. 1). An Act to provide, from State appropriations, funds as grants to counties for county roads and maintenance; to provide that such funds shall be used as a credit on certain ad valorem taxes on tangible properties; to provide the procedures connected therewith; to provide how this Act shall

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remain in force; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the authority granted the General Assembly in Article VII, Section IX, Paragraph I(c) of the Constitution of Georgia (2-6201(c)) and in order to provide for a more effective management and fiscal administration of the State and pursuant to Article VII, Section IX, Paragraph IV(b) of the Constitution of Georgia (2-6204 (b)), in order to provide funds to counties to aid in the construction of county roads and maintenance thereof, and in addition to funds provided pursuant to other laws, there shall be allotted to each county annually for county road construction and maintenance an amount equal to $50 multiplied by the average daily attendance in the public school system or systems within such county. For the purposes of this Act, average daily attendance shall mean the number of pupils in average daily attendance for the first four months of the immediately preceding school year. In the event any school system lies in more than one county or contains students from more than one county, the basis for allocating such system's average daily attendance between the counties so involved shall be the place of residence of the pupils used in compiling such average daily attendance. Section 2. The State School Superintendent shall furnish to the appropriate State fiscal officers a certified listing of the average daily attendance figures for every county in the State. In the event said Superintendent is unable to obtain such figures for any county or counties, no payments under the provisions of this Act shall be made to such county or counties until such average daily attendance figures have been obtained and certified by said Superintendent. Certified listing. Section 3. In order to provide better fiscal management, the funds provided pursuant to this Act are intended to be utilized for the relief of ad valorem taxation on tangible property and no county shall be entitled to receive any of the funds provided for in section 1 of this Act unless and until: Purpose.

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(a) A credit against county ad valorem property taxes (levied and expended by the county governing authority) for all that tangible property which constitutes the homestead located within the county shall be granted by the governing authority of the county to each such homestead which shall equal the reduced ad valorem tax liability for such homestead which would have occurred if the ad valorem property tax exemption from State, county and school taxes for such homestead had been increased by $1,000 for the calendar year 1973 and if such increased exemption had remained in effect for each subsequent year thereafter in which this Act shall remain of force and effect; and (b) If there remains a surplus from the funds allotted to such county by the provisions of this Act after complying with the provisions of (a) above, such remaining funds shall be used for the purpose of crediting pro rata the ad valorem county property taxes (levied and expended by the county governing authority) on all tangible property, except motor vehicles and trailers, located within the county by an aggregate which shall equal such remaining funds. Section 4. The taxing authority of each county receiving funds pursuant hereto shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of credit against county ad valorem property taxes, which said taxpayer is receiving as a result of the funds herein allocated. The form of such notice shall be as prescribed by the State Revenue Commissioner, who shall determine and certify to the appropriate State fiscal officer the amount of funds to which each county is entitled pursuant to this Act. The determination of the State Revenue Commissioner shall be final, and the appropriate State fiscal officer shall disperse the funds pursuant to such certification. Credit shown on tax bills. Section 5. In the event the credit allowable pursuant to section 3(a) herein should be declared invalid or unconstitutional, then a credit shall be made pursuant to section 3(b), as to the total funds appropriated pursuant to this Act.

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Section 6. The provisions of this Act shall be repealed on the first day of July of any calendar year in which the General Assembly shall fail to appropriate by line item the funds necessary to provide for the allocations provided for by this Act. Automatic repealer. 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 13, 1973. GENERAL ASSEMBLYMEMBERS OF COUNSEL OR PARTY IN TRIAL COURTCONTINUANCES PROVIDED, ETC. Code 81-1402 Amended. No. 230 (House Bill No. 7). An Act to amend Code section 81-1402, relating to granting continuances for attendance on General Assembly by party or counsel, as amended by an Act approved February 5, 1952 (Ga. L. 1952, p. 26), so as to change the provisions relative to granting continuances for such purpose; 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 81-1402, relating to granting continuances for attendance on General Assembly by party or counsel, as amended by an Act approved February 5, 1952 (Ga. L. 1952, p. 26), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 81-1402 to read as follows:

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81-1402. Membership in General Assembly by party or counsel. It shall be the duty of the judge of any trial court of this State to continue, on or without motion, any case in such court when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his membership in the General Assembly, during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extra-ordinary session thereof, except any session adjourned sine die, unless the party in such absence of his attorney or the attorney in such absence of the party shall, on the call of the case, announce ready for trial. Provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his other counsel that such absent counsel is necessary or desirable for the proper handling of the case. Code 81-1402 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 13, 1973. EMINENT DOMAINSPECIAL MASTERPROVISIONS CHANGED FOR CONTINUANCES, ETC. No. 231 (House Bill No. 9). An Act to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain, approved March 13, 1957 (Ga. L. 1957, p. 387), as amended, so as to change the provisions relative to continuing or delaying a hearing before the special master; 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 prescribing an additional procedure for the exercise of the power of eminent domain, approved March 13, 1957 (Ga. L. 1957, p. 387), as amended, is hereby amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11, to read as follows: Section 11. The special master shall serve in lieu of a board of assessors, and his duties and authority, except as herein otherwise provided for, shall be the same as provided by Code sections 36-502, 36-503, 36-504, 36-505 and 36-506 of the Code of Georgia of 1933, as amended. The special master shall hold the hearing herein provided for at the time and place provided by the order of the judge of the superior court, and in compliance with the duties and authority herein conferred, and shall not be authorized to continue or delay such hearing, except as otherwise provided by Code section 81-1402, relating to granting continuances by reason of membership in the General Assembly during sessions thereof, as now or hereafter amended, or except upon the written order of the judge of the superior court, and such a continuance shall be granted only for good cause shown to such judge. When it shall be necessary for such judge to grant a continuance, the continuance shall be for not more than five days from the date of the order granting the continuance. 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 13, 1973. TRADE NAMESLIMITED PARTNERSHIP EXCLUDED FROM ACT REQUIRING REGISTRATION. No. 232 (House Bill No. 14). An Act to amend an Act providing for the registration of trade names, approved March 29, 1937 (Ga. L. 1937, p.

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804), as amended, so as to exclude limited partnerships from its provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the registration of trade names, approved March 29, 1937 (Ga. L. 1937, p. 804), as amended, is hereby amended by striking the period at the end of section 6 and adding at the end thereof the following: or to limited partnerships doing business under their limited partnership names which have been filed for record pursuant to the Uniform Limited Partnership Act, approved February 15, 1952 (Ga. L. 1952, p. 375), as amended., so that when so amended, section 6 shall read as follows: Section 6. This Act shall not apply to corporations doing business in their corporate names or to limited partnerships doing business under their limited partnership names which have been filed for record pursuant to the Uniform Limited Partnership Act, approved February 15, 1952 (Ga. L. 1952, p. 375), as amended. Exemption. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. WILLSCERTAIN NONRESIDENT EXECUTORS, RELIEVED FROM GIVING BOND. Code 113-1206 Amended. No. 233 (House Bill No. 15). An Act to amend Code section 113-1206, relating to nonresident executors of the will of deceased citizens of Georgia, as amended, so as to provide that where the will specifically

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recognizes that the nominated executor or co-executor is a nonresident of the State and relieves him from giving bond, the Ordinary, acting within his discretion, may relieve the nominated executor or co-executor from the requirement of giving bond; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-1206, relating to nonresident executors of the will of deceased citizens of Georgia, as amended, is hereby amended by adding to the end of said Code section the following: Where the will nominates a natural person as executor or co-executor who at the time of qualifying is a nonresident of the State and relieves him from giving bond, the Ordinary, acting within his discretion, may relieve the nominated executor or co-executor from the requirement of giving bond., so that when so amended, Code section 113-1206 shall read as follows: 113-1206. A citizen of another State or territory of the United States may be nominated and act as executor or co-executor of the will of a deceased citizen of Georgia, provided such nonresident shall, before he is qualified to act, be required to give bond in good security in a sum equal to a sum double the amount of such estate, payable to the Ordinary of the county before whom he may qualify in this State. The securities shall be resident citizens of this State, and liable to be sued and proceeded against, in the first instance, for any default, liability or mismanagement on the part of such nonresident executor, without joining such executor in said suit. Where the will nominates a natural person as executor or co-executor who at the time of qualifying is a nonresident of the State and relieves him from giving bond, the Ordinary, acting within his discretion, may relieve the nominated executor or co-executor from the requirement of giving bond. Code 113-1206 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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REVENUEAIRPORTSUNLAWFUL TO TAX TRAVELING PERSONS, ETC. No. 234 (House Bill No. 18). An Act to provide that it shall be unlawful for the State of Georgia or any county, municipal corporation, airport authority, district, or other political subdivision to levy or collect a tax, fee, head charge, or other charge, directly or indirectly, on persons traveling in air commerce, whether on regularly scheduled commercial airlines, chartered air flights, or in privately owned civil aircraft, or on the carriage of persons traveling in air commerce or on the sale of air transportation or on the gross receipts derived therefrom; to provide that the provisions of this Act shall not be construed to prohibit the State or any county, municipal corporation, airport authority, district, or other political subdivision from levying or collecting any property, income, franchise, sale or use, or other taxes otherwise authorized by law or as prohibiting the State or any county, municipal corporation, airport authority, district, or other political subdivision owning or operating an airport from levying or collecting reasonable rental charges, land ing fees, license fees, permit fees and other service charges from aircraft owners or operators and others for the use of airport or related facilities; 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 the State of Georgia or any county, municipal corporation, airport authority, district, or other political subdivision to levy or collect a tax, fee, head charge, or other charge, directly or indirectly, on persons traveling in air commerce, whether on regularly scheduled commercial airlines, chartered air flights, or in privately owned civil aircraft, or on the carriage of persons traveling in air commerce or on the sale of air transportation or on the gross receipts derived therefrom. The provisions of this Act shall not be construed to prohibit the State or any county, municipal corporation, airport authority,

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district, or other political subdivision from levying or collecting any property, income, franchise, sale or use, or other taxes otherwise authorized by law or as prohibiting the State or any county, municipal corporation, airport authority, district, or other political subdivision owning or operating an airport from levying or collecting reasonable rental charges, landing fees, license fees, permit fees and other service charges for the use of airport facilities and related facilities from aircraft owners, operators, persons selling or providing goods or services to such owners or operators or to the public and from others, all where otherwise allowed by applicable law. 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 13, 1973. JURORSOFFICIAL REGISTERED VOTERS' LIST TO BE USED IN SELECTING. Code 59-106 Amended. No. 237 (House Bill No. 47). An Act to amend Code section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, so as to provide that at least biennially, or, if the senior judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile and maintain and revise a jury list of intelligent and upright citizens of the county to serve as jurors; to remove the requirement that such revision be on the first Monday in August or within 60 days thereafter; to provide that in composing the jury list the board of jury

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commissioners shall use the official registered voters' list of the county as such list has been most recently revised by the county board of registrars or other county election officials; 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 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, is hereby amended by inserting, preceding the words judge of the superior court, in the first sentence of said Section the following: senior, and by striking from the first sentence of said section the following: , on the first Monday in August, or within 60 days thereafter, and by striking from said section the following: the official registered voters' list which was used in the last preceding general election, and inserting in lieu thereof the following: the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials, so that when so amended, Code section 59-106 shall read as follows: 59-106. At least biennially, or, if the senior judge of the superior court shall direct, at least annually, the board of jury commissioners shall compile and maintain and revise a jury list of intelligent and upright citizens of the county

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to serve as jurors. In composing such list the commissioners shall select a fairly representative cross-section of the intelligent and upright citizens of the county from the official registered voters' list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the jury commissioners that the jury list, so composed, is not a fairly representative cross-section of the intelligent and upright citizens of the county, they shall supplement such list by going out into the county and personally acquainting themselves with other citizens of the county, including intelligent and upright citizens of any significantly identifiable group in the county which may not be fairly represented thereon. Code 59-106 amended. After selecting the citizens to serve as jurors, the jury commissioners shall select from the jury list a sufficient number of the most experienced, intelligent and upright citizens, not exceeding two-fifth of the whole number, to serve as grand jurors. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, except as otherwise provided herein, and no new names shall be added until those names originally selected have been completely exhausted, except when a name which has already been drawn for the same term as a grand juror shall also be drawn as a traverse juror, such name shall be returned to the box and another drawn in its stead. Section 2. 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 13, 1973.

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UNINSURED MOTORISTSACT AMENDED TO REDESIGNATE SUBSECTION, ETC. Code 56-407A Amended. No. 238 (House Bill No. 52). An Act to amend Code section 56-407A, relating to uninsured motorists' coverage, as amended, particularly by an Act which became law without the Governor's approval (Ga. L. 1971, p. 926), so as to renumber and redesignate subsection (h) of said Code section as enacted by said 1971 amendatory Act; 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 uninsured motorists' coverage, as amended, particularly by an Act which became law without the Governor's approval (Ga. L. 1971, p. 926), is hereby amended by redesignating subsection (h) of said Code section as enacted by an Act amending Code section 56-407A which became law without the Governor's approval (Ga. L. 1971, p. 926), which reads as follows: (h) If the insurer shall refuse to pay any insured, any loss covered by the provisions of this Section within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith, the insurer shall be liable to the insured in addition to any recovery under the provisions of this Section for not more than 25% of the recovery and all reasonable attorney's fees for the prosecution of the case under the provisions of this Section. The amount of such reasonable attorney's fees shall be determined by the trier of facts and shall be included in any judgment which is rendered in such action. Such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where such suit is pending. The trial court shall have the discretion, if

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it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this paragraph in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the insurer., Code 56-407A amended. as subsection (j). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. TORTSPROVISION MADE FOR WIDOW TO RELEASE TORTFEASOR, ETC. Code 105-1302 Amended. No. 239 (House Bill No. 63). An Act to amend Code section 105-1302, relating to the homicide of a husband or parent, so as to provide that the widow may release the alleged wrongdoer without the concurrence of any children or any representative of a child without any order of court, provided the consideration for such release shall be held by the widow subject to the provisions of Code section 105-1304; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 105-1302, relating to the homicide of a husband or parent, is hereby amended by adding at the end thereof the following: The widow may release the alleged wrongdoer without the concurrence of any children or any representative of a child without any order of court, provided, the consideration

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for such release shall be held by the widow subject to the provisions of Code section 105-1304., so that when so amended, Code section 105-1302 shall read as follows: 105-1302. Homicide of husband or parent. A widow, or, if no widow, a child or children, minor or sui juris, may recover for the homicide of the husband or parent, the full value of the life of the decedent, as shown by the evidence. The widow may release the alleged wrongdoer without the concurrence of any children or any representative of a child without any order of court, provided, the consideration for such release shall be held by the widow subject to the provisions of Code section 105-1304. Code 105-1302 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MUNICIPALITIESGOVERNING AUTHORITIES AUTHORIZED TO APPOINT CERTAIN JUDGES. Code 69-704.1 Amended. No. 240 (House Bill No. 65). An Act to amend Code Chapter 69-7, relating to corporate, police, and mayors' courts, so as to provide that the governing authority of any municipal corporation within this State having a corporate, police, recorder's or mayor's court, or other similar court, may appoint a judge of such court; to provide for the duties, powers, authority, terms, compensation and qualifications of persons appointed as judges of such courts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 69-7, relating to corporate,

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police, and mayors' courts, is hereby amended by adding, following Code section 69-704, a new Code Section to be designated Code section 69-704.1, to read as follows: 69-704.1. Appointment of judges of corporate, police, recorders' or mayors' courts. Notwithstanding any other provision of this Chapter or any general or local Act, the governing authority of each municipal corporation within this State having a corporate, police, recorder's or mayor's court, as provided by the Act incorporating such municipal corporation or amendments thereto, is hereby authorized to appoint a judge of such court, who shall be a resident of the same judicial circuit as the court is located in, who shall serve in lieu of the mayor or other member of the governing authority of such municipality. Any person appointed as a judge under the provisions of this Section shall possess such qualifications and shall receive such compensation as shall be fixed by the governing authority of the municipality, and shall serve at the pleasure of the governing authority. The provisions of this Section shall not apply to any municipal corporation in which neither the mayor nor another member of the governing authority of the municipality serves as judge of the corporate, police, recorder's or mayor's court. The provisions of this Section shall not be construed to require the governing authority of any municipality to appoint a judge, but such governing authorities may appoint a judge if, acting in their sole discretion, they determine that such appointment would be in the best interest of the municipality. Code 69-704.1 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. Approved April 13, 1973.

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CHECKSPROVISIONS CHANGED RELATIVE TO CHECKS, ETC., DRAWN WITHOUT FUNDS, ETC. Code 13-9933 Amended. No. 241 (House Bill No. 68). An Act to amend Code section 13-9933, relating to checks or drafts without funds, as amended, so as to change the provisions relating to checks or drafts without funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-9933, relating to checks or drafts without funds, as amended, is hereby amended by adding after the words: receipt bearing the signature of such maker, in subsection (c) of said section, the following: Provided, however, if payment of any check, draft or order for the payment of money be refused because the maker had no account with the bank or other depository on which any said instrument was drawn, the person causing the arrest or prosecution to be made shall be deemed to have acted with reasonable or probable cause even though the person causing such arrest or prosecution shall not have mailed the written notice or waited for the ten-day period to elapse., so that when so amended, said subsection (c) shall read as follows: (c) If payment of any check, draft, or order for the payment of money be refused by the bank or other depository upon which such instrument is drawn, and the person who made, drew, uttered, or delivered such instrument be arrested or prosecuted under the provisions of this section, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to

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have acted with reasonable or probable cause in bringing about such arrest or prosecution in any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where payment of the instrument was refused, and after said refusal mailed written notice to such maker informing him that payment of such check, draft, or order has been refused, and then waited 10 days after mailing such notice, without the amount due under the provisions of such instrument being paid: Provided, however, that said notice by mail must be evidenced by a registered or certified mail return receipt bearing the signature of such maker. Provided, however, if payment of any check, draft or order for the payment of money be refused because the maker had no account with the bank or other depository on which any said instrument was drawn, the person causing the arrest or prosecution to be made shall be deemed to have acted with reasonable or probable cause even though the person causing such arrest or prosecution shall not have mailed the written notice or waited for the ten-day period to elapse. In any such civil action, no evidence of statements or representations as to the status of the check, draft, order, or deposit involved, or of any collateral agreement with reference to the check, draft, order, or deposit, shall be admissible unless such statements, representations, or collateral agreement shall be written upon the instrument at the time it is delivered by the maker thereof. Code 13-9933 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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AGENCYWRITTEN POWER-OF-ATTORNEY NOT REVOKED BY INCOMPETENCY OF PRINCIPAL, ETC. Code 4-214.1 Enacted. No. 242 (House Bill No. 83). An Act to amend Code Chapter 4-2, relating to relations between principal and agent, as amended, so as to provide that the written authority of an agent to act as an attorney-in-fact for the principal shall not be revoked by the incompetency of the principal; to provide that the power to act as the attorney-in-fact for an incompetent principal shall remain in force until such time as a guardian or receiver shall be appointed for the principal, or until some other judicial proceeding shall terminate the power, or unless the instrument authorizing the agent to serve as the attorney-in-fact shall provide for its termination; 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 4-2, relating to relations between principal and agent, as amended, is hereby amended by adding a new Code section, to be designated section 4-214.1, to read as follows: 4-214.1. A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency of the principal. The power to act as an attorney-in-fact for a principal who subsequently becomes incompetent shall remain in force until such time as a guardian or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power. Code 4-214.1 enacted. 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 13, 1973. AUCTION SALESREGULATION OF SALE OF PERSONAL PROPERTY PROVIDED, ETC. Code Chapter 84-17 Amended. No. 243 (House Bill No. 112). An Act to amend Code Chapter 84-17, relating to jewelry auctions, as amended, so as to regulate the sale at auction of other articles of personal property; to change the provisions relating to descriptive tags on articles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-17, relating to jewelry auctions, as amended, is hereby amended by striking from Code section 84-1701, relating to regulation of sales, the following: or leather goods, and inserting in lieu thereof the following: , leather goods or any other personal property which may lawfully be kept or offered for sale, so that when so amended, Code section 84-1701 shall read as follows: 84-1701. Regulation of saes; time of saes. Except as hereinafter provided, it shall be unlawful for any person, firm or corporation to sell, dispose of or offer for sale, at public auction, or cause or permit to be sold, disposed of or offered for sale at auction, any diamonds or any other

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precious and semiprecious stones or imitations thereof, watches, clocks, jewelry, gold, silver or plated ware, china, glassware, leather goods or any other personal property which may lawfully be kept or offered for sale, whether the same shall be their own property or whether they shall sell the same as agents or employees of others: Provided, however, that this Section shall not apply to judicial sales or sales by any person, firm or corporation acting in any fiduciary capacity, nor to the sale by the holder of personal security under a contract allowing public sale in default of payment of debt, nor to the sale at public auction of the stock on hand of any person, firm or corporation that shall for the period of two years next preceding the sale have been continuously in business in the same city, town or community in the State as a retail or wholesale merchant dealing in the article above mentioned: Provided, further, that where such auction sales as are allowed under this Chapter shall be held by such merchant, such sales shall be held continuously from day to day, and shall not continue longer than 30 days, Sundays and legal holidays excepted; nor shall the same dealer, either by himself or another, conduct another auction sale in connection with such business for a period of 12 months from the last date of a former sale. Code 84-1701 amended. Section 2. Said Code Chapter is further amended by striking from Code section 84-1706, relating to descriptive tags on articles exposed for sale, the following: When watches or clocks are so sold, such attached tags shall show the true name of manufacturer of such watch or clock, and no parts or movements, mechanism of other watches or clocks shall be secretly substituted for those originally forming such watch or clock, nor shall any false or misleading names or trade-marks be used or substituted in connection with such watches, clocks, or the works thereof, nor shall any second-hand works be enclosed in any new watch case or clock case and sold or offered for sale as new, but all such substitutions shall be shown upon such tag, and such fact plainly stated by the auctioneer in offering such article for sale, and inserting in lieu thereof the following:

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The name and address of the true owner of the article shall appear on the tag attached to each article. Where the person, firm or corporation conducting the auction is the owner of any article offered for sale, the tag shall also include the name and address of the previous owner of such article. When watches, clocks, televisions and other manufactured products are sold, such attached tags shall show the true name of manufacturer of such articles, and no parts or movements, mechanism of other similar articles shall be secretly substituted for those originally forming such article, nor shall any false or misleading names or trademarks be used or substituted in connection with such articles, or the works thereof, nor shall any secondhand works be enclosed in any new article case and sold or offered for sale as new, but all such substitutions shall be shown upon such tag, and such fact plainly stated by the auctioneer in offering such article for sale, so that when so amended, Code section 84-1706 shall read as follows: 84-1706. Descriptive tags on articles exposed for sale. Each article exposed for sale at such auction shall have attached to it a tag, upon which shall be plainly written or printed in English a true statement of its character and quality; if a diamond, the exact weight and the quality of the stone; if any other precious stone, its true weight and description; if the article be of metal, whether pure and of what degree of fineness; and if plated, the nature of the plating and the true nature of the metal covered by said plating; if the article offered for sale be an imitation of a precious stone, gold or silver article, the tag must plainly show that fact; if apparently of leather, whether real or imitation leather; the purposes of the above provisions being that each purchaser at such sale shall have full and correct information of the nature and quality of the article being sold. Tags giving this information shall remain firmly attached to such article sold and shall be delivered with it to the purchaser, and the facts stated upon such tag shall constitute a warranty that the article so sold is what it is thereupon represented to be and not otherwise. The name and address of the true owner of the article shall appear on the

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tag attached to each article. Where the person, firm or corporation conducting the auction is the owner of any article offered for sale, the tag shall also include the name and address of the previous owner of such article. When watches, clocks, televisions and other manufactured products are sold, such attached tags shall show the true name of manufacturer of such articles, and no parts or movements, mechanism of other similar articles shall be secretly substituted for those originally forming such article, nor shall any false or misleading names or trademarks be used or substituted in connection with such articles, or the works thereof, nor shall any secondhand works be enclosed in any new article case and sold or offered for sale as new, but all such substitutions shall be shown upon such tag, and such fact plainly stated by the auctioneer in offering such article for sale. If any secondhand goods or articles covered by this Chapter shall be offered for sale at this auction, such fact shall appear upon said tag attached to the article and also be stated by the auctioneer conducting such sale. Code 84-1706 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. GEORGIA INSURERS INSOLVENCY POOL ACT AMENDEDCERTAIN TERMS REDEFINED. No. 244 (House Bill No. 151). An Act to amend an Act creating the Georgia Insurers Insolvency Pool which provides a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent, approved March 24, 1970 (Ga. L. 1970, p. 700), so as to redefine insurer, company and insolvent insurer; to clarify the obligations of the insolvency pool in regard to an insolvent insurer; 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 creating the Georgia Insurers Insolvency Pool, approved March 24, 1970 (Ga. L. 1970, p. 700), is hereby amended by striking section 3(a), relating to the definition of insurer or company in its entirety, and inserting in lieu thereof a new section 3 (a) to read as follows: (a) `Insurer' or `company' means any corporation or organization that has held or currently holds a license to engage in the writing of property or casualty insurance policies in this State since July 1, 1970, including the exchanging of reciprocal or inter-insurance contracts between individuals, partnerships and corporations, except farmers, county and municipal assessment mutual insurers. Definitions changed. Section 2. Said Act is further amended by striking section 3(g), relating to the definition of insolvent insurer, in its entirety and inserting in lieu thereof a new section 3(g), to read as follows: (g) `Insolvent insurer', means an insurer which was licensed to issue property or casualty insurance policies in this State at any time subsequent to July 1, 1970, and which has been determined insolvent by a court of competent jurisdiction in the insurer's domiciliary state, and which adjudication was subsequent to July 1, 1970. Same. Section 3. Said Act is further amended by deleting from the first sentence of section 6, relating to obligations of the insolvency pool, the words a licensed and inserting in lieu thereof the word an so that section 6, when amended, will read as follows: Section 6. Obligation to the insolvency pool. In the event of the determination of insolvency of an insurer after the effective date of this Act, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, and for a period of (a) thirty days from the date of such determination, or until (b) policy expiration date if less than said thirty days, or until (c) such policy has been replaced by the insurer within said thirty days, becoming the obligation of the Pool. The Pool shall

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be deemed to be the insurer for such period with respect and to the extent of such claims with all the rights, duties and obligations of the insolvent insurer, and the Pool is hereby authorized to investigate, adjust, compromise and settle covered claims, or to investigate, handle and deny noncovered claims. 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 13, 1973. INSURANCEEXAMINATION PROVIDED FOR SURPLUS LINES BROKERS, ETC. Code Title 56 Amended. No. 245 (House Bill No. 152). An Act to amend Code Title 56, relating to insurance, so as to provide that applicants for surplus lines brokers licenses must be examined; to provide for special reserves for bail and judicial bonds; to delete certain provisions relative to the payment of fees and taxes; to provide for the payment of fees, licenses and taxes collected by the Commissioner; to provide additional requirements relative to the filing and approval of certain forms; to provide for the procedures relative to the cancellation of certain policies; to provide additional requirements relative to renewal premiums for accident and sickness insurance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 56, relating to insurance, is hereby amended by adding at the end of Code section 56-618, relating

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to the licensing of surplus lines brokers, a new subsection to be numbered subsection (5) to read as follows: (5) Each applicant for a license to act as a surplus lines broker shall submit to a personal written examination to determine his competence. Code 56-618 amended. Section 2. Said Title is further amended by adding at the end of Code Chapter 56-9, relating to assets and liabilities, a new Code section to be numbered 56-917 to read as follows: 56-917. Special reserve for bail and judicial bonds, including motor vehicle responsibility bonds. In lieu of the unearned premium reserve required on surety insurance under section 56-906 (1), the Commissioner may require any surety insurer or limited surety insurer to set up and maintain a reserve on all bail bonds or other single premium bonds without definite expiration data, furnished in judicial proceedings, equal to twenty-five percent of the total consideration charged for such bonds as are outstanding as of the date of any current financial statement of the insurer. Code 56-917 enacted. Section 3. Said Title is further amended by striking subsection (2) of Code section 56-1301, relating to fees and taxes, in its entirety. Code 56-1301 amended. Section 4. Said Title is further amended by adding at the end of Chapter 56-13, relating to fees and taxes, a new Code section to be numbered 56-1312 to read as follows: 56-1312. Fees, licenses, and taxes to be paid into State Treasury; refunds. The Commissioner shall promptly pay all fees and licenses and taxes collected under this Chapter into the State Treasury in accordance with section 56-228. The Commissioner, however, is authorized to refund amounts which are illegally or erroneously collected, and such payments to the Treasury shall be less the amount of such refunds. Code 56-1312 enacted. Section 5. Said Title is further amended by striking subsection (2) of Code section 56-2410, relating to filing and

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approval of forms, in its entirety and substituting in lieu thereof a new subsection (2) to read as follows: (2) Every such filing shall be made not less than ninety (90) days in advance of any such delivery. At the expiration of such ninety (90) days the form so filed shall be deemed approved unless prior thereto it has been approved or disapproved by the Commissioner. Approval of any such form by the Commissioner shall constitute a waiver of any unexpired portion of such waiting period. The Commission may extend by not more than an additional ninety (90) days the period within which he may so approve or disapprove any such form by giving notice of such extension before expiration of the initial ninety (90) day period. At the expiration of any such period as so extended, and in the absence of such prior approval or disapproval, any such form shall be deemed approved. The Commissioner may at any time, after notice and for cause shown, withdraw any such approval after notice and hearing as provided in sections 56-218 through 56-227. Code 56-2410 amended. Section 6. Said Title is further amended by striking Code section 56-2430, relating to cancellations, and substituting in lieu thereof a new Code section 56-2430 to read as follows: 56-2430. Cancellation. Cancellation of a policy which by its terms and conditions may be cancelled by the insurer shall be accomplished as prescribed herein: Written notice, stating the time when the cancellation will be effective, but not less than thirty (30) days from date of notice, except with respect to property and casualty policies insuring industrial and commercial concerns in which notice of cancellation shall not be less than fifteen (15) days, or such other specific longer period as may be provided in the contract or by statute, may be delivered in person, or by depositing such notice in the United States mails to be dispatched by at least first class mail to the last address of record of the insured and receiving therefor the receipt provided by the United States Post Office Department. Such notice may or may not be accompanied by a tender of the unearned premium paid by the insured calculated on a pro

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rata basis. If such tender is not made simultaneously with such notice, it shall be made within 15 days of notice of cancellation, unless an audit or rate investigation is required in which case such tender shall be made as soon as practicable. Notices of cancellation of policies protecting the interest of the insured and any lienholder shall be delivered or mailed to the last addresses of record as provided herein to the insured and to the lienholders shown in the policy and shall specify when, not less than thirty (30) days or such longer period as may be provided in the contract or by the statute, the cancellation shall become effective. Provided, however, when a policy is cancelled for nonpayment of premium or a policy which has been in effect for less than 60 days is cancelled for any reason, the notice requirements of this Section may be satisfied by giving not less than ten (10) days written notice to the insured and lienholder, where applicable, in lieu of thirty (30) days. Code 56-2430 amended. Section 7. Said Title is further amended by striking Code section 56-3009, relating to renewal premiums of accident and sickness insurance, in its entirety and substituting in lieu thereof a new Code section 56-3009 to read as follows: 56-3009. Renewal premiums. Every insurer delivering or issuing for delivery in this State policies of accident and sickness insurance which are renewable at the option of the insurer or cancellable at the option of the insurer shall provide in said policies a provision as follows: `If the Company cancels or refuses to renew this policy except for nonpayment of premiums prior to age (insert age which shall not be less than 60), it will refund 75% of the premiums paid in excess of the benefits received. The requirements of this provision shall not apply to cancellation or refusal to accept renewal premiums because of change in occupation of the insured to an occupation generally classified by the insurer as to all applicants as uninsurable. Code 56-3009 amended. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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SALESHOT WATER TANKSAUTOMATIC RELIEF VALVES REQUIRED, ETC. No. 246 (House Bill No. 153). An Act to provide that no individual, firm, corporation or business shall install, sell or offer for sale certain automatic hot water tanks or heaters without approved relief valves; to prevent the installation or sale of unapproved relief valves; to provide that certain hot water supply storage tank or heater dip tubes, supply and hot water nipples, supply water baffles and heat traps must be tested before installation or sale; to provide for penalties; to provide for certain local regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Certain automatic storage type water heaters to be listed and labeled and to be installed with listed and labeled relief valves; installation of non-labeled water heaters and relief valves prohibited. (a) All automatic storage type water heaters having a tank capacity of 120 gallons or less hereafter installed by an individual, firm, corporation or business shall bear a label of nationally recognized testing agency indicating that heaters comply with national safety requirements. All such automatic storage heaters shall have installed thereon at time of installation a listed pressure and temperature relief valve set at or below the safe working pressure of tank as indicated by manufacturer's nameplate or label on the heater. Valves required. (b) Any relief device, whether it be pressure type, temperature type or combination pressure-temperature type, installed by an individual, firm, corporation or business shall bear a label or marking indicating compliance with applicable national standards such as American National Standards Institute, American Society of Mechanical Engineers or National Board of Boiler and Pressure Vessel Inspectors. The temperature relief rating of the valve shall be not less than

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energy input rate shown on the nameplate of the water heater. Section 2. No individual, firm, corporation or business shall install, sell or offer for sale any automatic storage hot water heater having a tank capacity of 120 gallons or less which utilizes dip tubes, supply and hot water nipples, supply water baffles or heat traps that will not withstand the maximum water temperature permitted by the temperature relief device furnished with the heater. Section 3. Penalty for violation of Act. Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 4. Local regulation of hot water heater safety features. Nothing in this Act shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution which is more restrictive than the provisions of this Act. Local regulation. Section 5. Standard repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. PERSONSNAME CHANGE OF MINORSCERTAIN PARENTS' CONSENT REQUIRED, ETC. Code Chapter 79-5 Amended. No. 247 (House Bill No. 158). An Act to amend Code Chapter 79-5, relating to the change of names of individuals, as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 129), so as to provide that before the name of a minor can be changed the petitioner must obtain the written consent of the parent or parents if they are living and have not abandoned

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the child; to provide that where no parent or parents are living consent shall be given by the guardian of the minor child; to provide that before a minor's name may be changed the parent or parents or guardian shall be served with a copy of the petition; to provide for time limits prior to which the court shall not proceed in the matter; 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 79-5, relating to the change of names of individuals, as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 129), is hereby amended by striking Code section 79-501, relating to the manner in which the name of an individual may be changed, as amended, in its entirety, and inserting in lieu thereof a new Code section 79-501, to read as follows: 79-501. Any person desirous of changing his name or the name or names of his minor child or children may present a petition to the superior court of the county of his residence, setting forth fully and particularly the reason why such change is asked, which petition shall be verified by the petitioner. Within seven (7) days of the filing of said petition, the petitioner shall cause a notice of such filing, signed by him, to be published in the official gazette of the county once a week for four weeks. Said notice shall contain therein the name of the petitioner, the name of the person whose name is to be changed if different from that of the petitioner, the new name desired, the court in which same is pending, the date on which the petition was filed, and the right of any interested or affected party to appear therein and file objections. If the petition seeks to change the name of a minor child, the written consent of the parent or parents if they are living and have not abandoned the child, or the written consent of the child's guardian if both parents are dead or have abandoned the child, shall be filed with the petition. In all cases before a minor child's name can be changed the parent or parents of such child shall be served with a copy of the petition. If the parent or parents reside within the State of Georgia, service of the petition

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shall be made in person. If the parent or parents reside outside the State of Georgia, service of the petition on such parent or parents residing outside the State shall be made by certified mail if the address is known, otherwise by publication as provided herein. Where a child resides with persons other than his parent or parents, a copy of the petition shall be served upon the person acting as guardian of the child in the same manner as service would be made on a parent. Upon the expiration of thirty (30) days from the filing of the petition if the person whose name to be changed is an adult, or upon the expiration of thirty (30) days from the date of service upon the parent, parents or guardian in such parent, parents or guardian reside within the State of Georgia, or upon the expiration of sixty (60) days from the date of service upon the parent, parents or guardian if either the parent, parents or guardian reside outside the State and the petition is served by mail, and proof to the court of publication of the notice as herein required, if no objection is filed, the court shall proceed in term or in vacation, at chambers, at such date as the court shall fix, to hear and determine all matters raised by the petition and to render final judgment or decree thereon. Code 79-501 amended. Section 2. Said Code Chapter is further amended by striking Code section 79-502, relating to the procedure upon the filing of objections, as amended, in its entirety, and inserting in lieu thereof a new Code section 79-502, to read as follows: 79-502. If written objections are filed by any interested or affected party within the time limit specified in Code section 79-501, the court shall thereupon proceed to hear the matter at chambers, in term or vacation. Code 79-502 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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REVENUEMOTOR VEHICLE TAGSREFUNDS PROVIDED FOR ILLEGAL COLLECTIONS, ETC. No. 248 (House Bill No. 160). An Act to amend an Act relating to the administration of the taxing laws of this State, approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 77), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 378), so as to provide for the payment of refunds to certain taxpayers or county tax officials under certain circumstances; to change the procedure for granting certain refunds for the erroneous collection of license fees for motor vehicle tags; to authorize the State Revenue Commissioner to promulgate rules and regulations for the administration of this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Section 1. An Act relating to the administration of the taxing laws of this State, approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 77), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 378), is hereby amended by striking subparagraph (a) of section 34 and inserting in lieu thereof a new subparagraph (a), to read as follows: (a) Appropriation. There is hereby appropriated from the proceeds of every tax and license imposed by law a sum sufficient for the State Revenue Commissioner to refund to taxpayers, or to county tax commissioners or county tax collectors if such county tax officials have made refunds to the taxpayers with respect to the collection of license fees for motor vehicle tags issued by such tax official, any and all such taxes which may be determined to have been erroneously or illegally assessed and collected from such taxpayers under the laws of Georgia, whether paid voluntarily or involuntarily, and interest thereon at the rate of 6 percent per annum from the date of payment of same to the State Revenue Commissioner, except that this provision as to interest shall not be applicable as to refunds made with respect to collection of license fees for motor vehicle tags issued by such tax officials. To enable the State Revenue

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Commissioner to make such refunds, an amount equivalent to such refunds shall be remitted to the State Revenue Commissioner from funds appropriated by law for such purpose upon warrants drawn by the Governor. Before the Governor issues a warrant for this purpose, he shall require that the State Revenue Commissioner certify the name of each applicant and the amount to which he is entitled. The refunds provided for shall be unassignable. The State Revenue Commissioner shall have authority to promulgate such rules, regulations and instructions as deemed necessary to the administration of this Act. Section 2. This Act shall become effective on January 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1976. MOTION PICTURESDISPLAY OF CERTAIN SCENES TO CERTAIN AUDIENCES PROHIBITED, ETC. No. 250 (House Bill No. 191). An Act to provide that it shall be unlawful to display within motion picture theatres certain scenes to certain audiences; to provide for exceptions; to provide for penalties; to provide for severability; 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 motion picture theatre owner, operator or projectionist to display to the audience within the theatre scenes from a film to be shown at the theatre at some future time, when the viewing of that film from which the scenes are taken is restricted to adults or requires minors to be accompanied by a parent or guardian. Scenes of such restricted films may be shown

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within a theatre if the audience has been similarly restricted as to viewing age and conditions. Scenes. Section 2. This Act shall not apply to motion pictures which are not rated as to viewing audience nor to the first display of a preview trailer from any motion picture. Exemption. Section 3. Any person violating section 1 of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Penalty. Section 4. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MOTOR VEHICLESPROVISION CHANGED FOR APPEAL BY OPERATORS, ETC., GIVING SECURITY, ETC. No. 251 (House Bill No. 209). An Act to amend 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 March 9, 1956 (Ga. L. 1956, p. 543), and an Act approved April 6, 1972 (Ga. L. 1972,

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p. 1015), so as to change the provision for appeal of orders or acts of the Commissioner; 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 March 9, 1956 (Ga. L. 1956, p. 543), and an Act approved April 6, 1972 (Ga. L. 1972, p. 1015), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof the following: Section 2. Commissioner to Administer Act.Appeal to Court. The Commissioner of Public Safety, formerly known as the Director of Public Safety, shall administer and enforce the provisions of this Act and may make rules and regulations necessary for its administration and shall provide for hearings upon request of persons aggrieved by orders or acts of the Commissioner under the provisions of this Act. Such hearing need not be a matter of record and the decision as rendered by the Commissioner shall be final unless the aggrieved person shall desire an appeal, in which case he shall have the right to enter an appeal to the superior court of the county of his residence by filing a complaint in the superior court naming the Commissioner as defendant, within 30 days from the date the Commissioner enters his decision or order, except that the appellant shall not be required to post any bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at term or in chambers or before a jury at the first term. The hearing on the appeal shall be de novo, however, such appeal shall not act as a supersedeas of any orders or acts of the Commissioner, nor shall the appellant be allowed to operate or permit a motor vehicle to be operated in violation of any suspension or revocation by the Commissioner, while such appeal is pending. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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BUREAU OF STATE PLANNING AND COMMUNITY AFFAIRSFUNCTIONS ENLARGED, ETC. No. 252 (House Bill No. 256). An Act to amend an Act providing for the reorganization of functions within the Executive Branch of State Government, approved April 6, 1972 (Ga. L. 1972, p. 1015), so as to provide that the functions of the Bureau of State Planning and Community Affairs transferred to the Department of Community Development (formerly the Department of Industry and Trade) shall include section 2(g) and section 7 of an Act approved March 31, 1967 (Ga. L. 1967, p. 252); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the reorganization of functions within the Executive Branch of State Government, approved April 6, 1972 (Ga. L. 1972, p. 1015), is hereby amended by striking subsection (a) of section 205 in its entirety, and substituting in lieu thereof a new subsection (a) of section 205, to read as follows: Section 205. Bureau of State Planning and Community AffairsFunctions Transferred. (a) All the functions of the Bureau of State Planning and Community Affairs, set forth in an Act approved March 31, 1967 (Ga. L. 1967, p. 252), Sections 2(g), 5, 6 and 7 are transferred to the Department of Community Development. All other functions of the Bureau of State Planning and Community Affairs set forth in an Act approved March 31, 1967 (Ga. L. 1967, p. 252), are transferred to the Office of Planning and Budget unless otherwise inconsistent with 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 April 13, 1972.

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GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973. No. 253 (House Bill No. 265). An Act to authorize and require the State, all of its agencies and institutions, (other than the Department of Transportation), and each county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation and public instrumentality created under the Constitution and laws of the State of Georgia to make or approve the payment of relocation and replacement housing expenses of any person, family, business, farm operation, or non-profit organization displaced by federal-aid public works projects; to provide for relocation assistance advisory services for any person, family, business, farm operation, or non-profit organization displaced by federal-aid public works projects; to authorize and require the State, all of its agencies and institutions (other than the Department of Transportation), and each county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation, and public instrumentality created under the Constitution and laws of the State of Georgia to make or approve the payment of expenses incident to the transfer of real property, mortgage penalties and a pro rata part of real property acquired by the State or any of the foregoing public entities for any federal-aid public works projects; to provide for the payment of condemnee's litigation expenses in connection with any condemnation case brought by the State or any of the above named public entities in a federal-aid public works project when it is judicially determined that the property cannot be condemned or the case is abandoned by the State or any of the above named public entities in which judgment is rendered for plaintiff for real property taken by the State or any of the above named public entities for a federal-aid public works project; to provide for certain land acquisition policies for federal-aid public works projects; to provide for the promulgation of rules by the State or any of the above named public entities; to authorize the State or any of the above named public entities to determine the

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amounts to be paid as financial assistance; to provide a method of appeal; to provide for legislative findings and declarations; to declare that the providing of such relocation assistance and payments, and, in connection with the acquisition of real property for public projects or programs, the establishing and implementing of all such policies and practices and the paying or reimbursing of all such necessary expenses, constitute governmental functions undertaken for public purposes for which public funds may be expended and for which the above named public entities possessing the power of taxation may exercise such power; to provide that no payment received by a displaced person under this Act shall be considered as income or resources for certain purposes; to authorize and require the State or any of the above named public entities 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 an effective date; to repeal conflicting laws; to provide that this Act shall not repeal nor affect in any manner that certain Act known as The Highway Relocation and Land Acquisition Policy Act, approved April 3, 1972 (Ga. L. 1972, p. 931); and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973. Section 2. The General Assembly hereby finds and declares that the prompt and equitable relocation and re-establishment of persons, businesses, farmers, and non-profit organizations displaced when the State, all of its agencies and institutions (other than the Department of Transportation), and each county, municipal corporation, school district, political subdivision, public authority, public agency, public corporation and public instrumentality created under the Constitution and laws of the State of Georgia (hereinafter collectively referred to as Several Public Entities) acquire land, with federal financial assistance, for a public use, is

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necessary to insure that certain 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 fair 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 the implementation of certain land acquisition policies. Law 91-646, made funds available for relocation assistance and the implementation of certain land acquisition policies. The General Assembly further funds 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 public works projects which will displace persons or businesses unless the State complies with the requirements of Public Law 91-646. The General Assembly finds and declares that the construction of public works projects 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 public works projects 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 federal-aid public works projects. Purpose. Section 3. The Several Public Entities are 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 public works projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the Several Public Entities. Payments authorized. Section 4. The Several Public Entities are hereby authorized to and shall provide the relocation assistance advisory services required by section 210 of the Uniform Relocation

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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 public works projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the Several Public Entities. Advisory services. Section 5. The Several Public Entities are 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 any of the Several Public Entities, prepayment of mortgage penalties, and a pro rata portion of real property taxes on real property acquired by any of the Several Public Entities from any person, family, business, farm operation, or non-profit organization displaced by federal-aid public works projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to any of the Several Public Entities. Expenses. Section 6. The Several Public Entities are 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 as a condemnee in any condemnation proceeding brought by an acquiring public entity to acquire real property for a federal-aid public works project, the cost of which is now or hereafter financed in whole or in part from federal funds allocated to an acquiring public entity if the final judgment is that the acquiring public entity cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the acquiring public entity. Litigation expenses. Section 7. The Several Public Entities are hereby authorized to and shall made or approve the payments required by section 305(2) of the Uniform Relocation Assistance and

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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 an acquiring public entity in which judgment is rendered in favor of the plaintiff for real property taken by the acquiring public entity in its execution of any federal-aid public works project, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the acquiring public entity. Same. Section 8. In acquiring real property for any federal-aid public works project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity such public entity 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) An acquiring public entity 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 acquiring public entity concerned 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 amount of an appraisal of the fair market value of such property approved by the acquiring public entity. The acquiring public entity 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 public entity as just compensation. Where appropriate

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the amount of 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 acquiring public entity 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 amount of an appraisal of the fair market value of such property approved by such acquiring public entity or the amount of the award of the assessors or special master; (5) The construction or development of a federal-aid public works project shall be so scheduled that, to the greatest 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 acquiring public entity, of the date by which such move is required; (6) If the acquiring public entity 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 an acquiring public entity 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 acquiring public entity shall institute formal condemnation proceedings. The acquiring public entity shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property;

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(9) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, as determined by the acquiring public entity, the acquiring public entity shall offer to acquire the entire property. Section 9. In acquiring property for any federal-aid public works project, the costs of which are financed in whole or in part from federal funds allocated to an acquiring public entity, the acquiring public entity 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: Land acquisition policies. (1) Notwithstanding any other provision of law, if the acquiring public entity 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

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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 acquiring public entity 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. Intent. Section 11. The Several Public Entities are hereby authorized to make such rules as may be necessary to provide for the administration of the financial assistance authorized by this Act. The determination by the Several Public Entities 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 Administrative Procedure Act, Ga. L. 1964, p. 338, as amended. Rules. Section 12. The providing of all of the foregoing relocation assistances and payments and, in connection with the acquisition of real property for public works projects or programs, the establishing of all of the foregoing policies and practices and paying or reimbursing of all of the foregoing expenses, are declared to be necessary, and shall and do constitute governmental functions undertaken for public purposes, and public funds may be expended by said public entities in furtherance thereof and such of said public entities as possess the power of taxation in relation to the public works projects and programs referred to above may exercise such power in furtherance thereof. Nothing contained in this section 12 should be construed as a grant of a power of taxation to any of the Several Public Entities which do not possess, independently of this Act, any powers of taxation, but it shall constitute a grant of the power of taxation in relation to the public purposes hereinabove enumerated to

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such of the Several Public Entities as possess, independently of this Act, powers of taxation in relation to the particular public works project or program undertaken or sponsored by such public entity which displaces a person, thereby giving rise to the necessity of relocation assistance and payments or which requires the acquisition of real property, thereby necessitating the aforesaid real property acquisition policies, practices, payments and reimbursements. Public Purposes. Section 13. No payment received by a displaced person under this Act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any State law or for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any State law or for the purposes of the State's personal income tax law, corporation tax law, or other tax laws. These payments shall not be considered as income or resources of any recipient of public assistance and the payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled. Payment, not income. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, that neither this Act nor any of its provisions shall be construed to repeal or affect in any manner that certain Act known as The Highway Relocation and Land Acquisition Policy Act, approved April 3, 1972 (Ga. L. 1972, p. 931). Approved April 13, 1973. ALCOVY JUDICIAL CIRCUITEMPLOYMENT OF COURT REPORTER AUTHORIZED. No. 254 (House Bill No. 294). An Act to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), so as

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to authorize the employment of a court reporter; to provide for the compensation of such court reporter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), is hereby amended by inserting, between Sections 2 and 3, a new section to be known as section 2A, to read as follows: Section 2A. (a) The judge of said court shall be authorized to employ and engage a full-time court reporter. The court reporter shall receive a salary of six thousand dollars ($6,000.00) per annum to be paid in equal installments in the amount of two hundred fifty dollars ($250.00) per month from the funds of Walton County and two hundred fifty dollars ($250.00) per month from the funds of Newton County. The compensation provided herein shall be in lieu of per diem provided by law and for services of reporting cases in said court. Court reporter. (b) The official court reporter shall be paid, in addition to the above-stated compensation, compensation for the preparation of criminal trial transcripts in said court at the rate provided by law, and said compensation shall be paid by the governing authority of the county having charge of the disposition of each such criminal case. Copies thereof may be obtained at the rate of sixty cents (60) per page; provided, however, when the copies are requested by any state or county officer, the copy shall be furnished at actual cost of the duplication, and when duplicated by the officer, a copy shall be furnished without expense. (c) The court reporter of such court shall receive the sum of six hundred dollars ($600.00) per annum for office supplies, such sum to be equally divided and paid by the governing authorities of Newton County and Walton County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to provide a supplement for the Court Reporter of the Superior Court of the Alcovy Judicial Circuit; and for other purposes. This 26th day of December, 1972. /s/ Bobby Carrell Representative District No. 71 /s/ J. W. (Jim) Morgan Representative, District No. 70 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Morgan who, on oath, deposes and says that he is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ J. W. Morgan Representative, 70th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to provide a supplement for the Court Reporter of the Superior Court of the Alcovy Judicial Circuit; and for other purposes. This 26th day of December, 1972. /s/ Bobby Carrell Representative, District 71 /s/ J. W. (Jim) Morgan Representative, District 70 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Carrell who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of Walton County, on the following dates: December 27, 1972 and January 3, 10, 1973. /s/ Bobby Carrell Representative, 71st District Sworn to and subscribed before me, this 16th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.

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REVENUEGRANTS TO CERTAIN MUNICIPALITIES FOR STREETSCOMPENSATION AND PAYMENTS PROVIDED. No. 256 (House Bill No. 349). An Act to amend an Act providing for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. L. 1965, p. 458), so as to provide that the Fiscal Division of the Department of Administrative Services shall make computations and payments of the individual municipal grants; 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 grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. L. 1965, p. 458), is hereby amended by striking subsection (e) of section 2 of said Act in its entirety and substituting in lieu thereof a new subsection (e) of section 2 to read as follows: (e) The computation and payments of individual municipal grants as called for in this Act shall be made by the Fiscal Division of the Department of Administrative Services. Payments. 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 13, 1973.

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TRUST COMPANIESCERTAIN LIMITED FIDUCIARY CAPACITY AUTHORIZED, ETC. Code 109-302.1 enacted. No. 257 (House Bill No. 352). An Act to amend Code Chapter 109-3, relating to acquisition of trust powers by other corporations, as amended, so as to provide that any corporation may act in a limited fiduciary capacity with the approval of the Commissioner of Banking and Finance; to provide for the regulation and examination of such corporations; to authorize the Commissioner to promulgate rules and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 109-3, relating to acquisition of trust powers by other corporations, as amended, is hereby amended by adding a new Code section, to be designated Code Section 109-302.1, to read as follows: 109-302.1. (a) Any corporation may act in a limited fiduciary capacity in connection with the marketing and sale of securities on behalf of religious, philanthropic and charitable organizations, but only to the extent approved by regulations issued by the Commissioner of Banking and Finance. Code 109-302.1 enacted. (b) Before approving any application for permission to exercise limited fiduciary powers pursuant to the provisions of subsection (a), the Commissioner shall determine to his satisfaction that the applicant is financially responsible and that the limited fiduciary services which the applicant seeks to perform are for the purposes set forth in subsection (a) and that the public need and advantage will be promoted by the granting of such powers. (c) Any corporation authorized to exercise limited fiduciary powers pursuant to the provisions of subsection (a) shall be subject to regulation and examination by the Commissioner to the same extent as banks and trust companies operating in this State, and the Commissioner shall be authorized

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to promulgate such rules and regulations as he deems necessary to protect the interest of persons utilizing the services of such corporations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. BANKS AND BANKINGCERTAIN EXPANSION OF EXISTING FACILITIES AUTHORIZED, ETC. Code Title 13 Amended. No. 258 (House Bill No. 353). An Act to amend Code Title 13, known as the Banking Law of Georgia, as amended, so as to authorize the expansion or extension of existing facilities under certain conditions; to authorize the Commissioner to delegate authority; to authorize any deputy, assistant, examiner or employee of the Department to exercise, discharge or perform any authority, power or duty delegated by the Commissioner; to provide that the Commissioner shall be responsible for the official acts of such persons who act in his name and with his authority; to grant the Department the power to supervise, regulate, limit or prohibit the activities of corporations or persons affiliated with Statechartered banks in this State; to prescribe the procedures connected therewith; to authorize the Department to promulgate regulations to clarify the provisions relating to loans by banks; to change the provisions relating to the borrowing of money by banks; to define certain terms relative to legal reserve requirements; to authorize the Department to promulgate regulations fixing the required reserve which banks and savings banks must maintain at all times; to prohibit the pledging of reserve fund assets; to provide the method of reporting and restoring reserve fund deficiencies; to enumerate assets which banks may pledge as security for deposits; to provide an effective

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date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 13, known as the Banking Law of Georgia, as amended, is hereby amended by striking Code section 13-203.2 in its entirety and inserting in lieu thereof a new Code section 13-203.2, to read as follows: 13-202.2. Expansion or Extension of the Existing Facilities. Notwithstanding any other provisions of this Chapter, a bank may establish and operate a facility as hereinafter provided which shall not be considered as an additional office or facility as defined in this Chapter, but such facility shall be deemed an expansion or extension of the existing parent bank, branch bank, bank office or bank facility. Code 13-203.2 amended. Any such facility may be established under the following conditions and circumstances only: (a) within the boundary lines of a single contiguous area of property owned or leased and occupied as a banking house or place of business by such parent bank, branch bank, bank office or bank facility whether or not such facility is physically connected to the banking house or place of business; or (b) across a street, alley, railroad right-of-way, or thoroughfare from the existing parent bank, branch bank, bank office or bank facility when such facility is physically connected to the banking house or place of business by a private, enclosed, secure overhead passageway or underground tunnel; or (c) within two hundred (200) yards of a parent bank, branch bank, bank office or bank facility whether or not such facility is physically connected to the banking house or place of business and after being granted the prior written approval of the Department stating that such facility qualifies for this exception. Section 2. Said Code Title is further amended by adding

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a new Code section at the end of Code Chapter 13-3, to be designated Code section 13-324, to read as follows: 13-324. Delegation of Authority. (a) Any authority, power or duty vested in the Commissioner by any provision of this Code Title may be exercised, discharged or performed by any deputy, assistant, examiner or employee of the Department acting in the Commissioner's name and by his delegated authority. Code 13-324 enacted. (b) The Commissioner shall be responsible for the official acts of such persons who act in his name and by this authority. Section 3. Said Code Title is further an ended by adding a new Code section at the end of Code Chapter 13-4, to be designated Code section 13-411, to read as follows: 13-411. Examination of Corporations or Persons Affiliated with Banks. (a) For the purpose of determining the condition of any bank and information concerning it, the Department may require reports and perform examinations of an affiliate of any bank to the same extent that it may require reports and examine the bank under this Code Title and may at any time examine a person or corporation performing bank services for the bank as defined in subsection (c) of this Section. Code 13-411 enacted. (b) As used in this Code Section, `Affiliate' shall mean a person or corporation which controls, is controlled by, or is under common control with, any bank subject to the provisions of this Code Title. (c) As used in this Code Section, `bank services' shall mean clerical, bookkeeping, accounting, statistical and other functions of the type covered by the Bank Service Corporation Act (12 U.S.C. 1861), and section 13-2023(g) of this Code Title. Section 4. Said Code Title is further amended by adding a new paragraph at the end of Code section 13-2013, to read as follows:

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The Department may by regulation not inconsistent with the provisions of this section prescribe definitions of and requirements for transactions included in or excluded from the indebtedness to which the provisions of this section apply. Code 13-2013 amended. Section 5. Said Code Title is further amended by striking Code section 13-2025 in its entirety and inserting in lieu thereof a new Code section 13-2025, to read as follows: 13-2025. Borrowings. (a) A bank may, subject to the restrictions of this Section, borrow money except that the Department may in the case of an individual bank: Code 13-2025 amended. (1) permit borrowings without regard to the restrictions of this Section for emergency purposes, and (2) prohibit or place additional restrictions upon further borrowings which would, in the judgment of the Department, constitute an unsound or unsafe practice in view of the condition and circumstances of the bank. A bank may issue notes, debentures and other obligations to evidence borrowings. (b) The aggregate amount of outstanding liabilities of a bank for money borrowed exclusive of: (1) liabilities to a Federal Reserve Bank on account of money borrowed or rediscounts, (2) liabilities on account of the acquisition of reserve balances at a Federal Reserve Bank or other reserve agent from a member or nonmember bank, (3) liabilities on account of agreements to repurchase securities sold by the bank (commonly known as `repurchase agreements'), and (4) liabilities which do not constitute or result from the borrowing of money under definitions prescribed by regulation of the Department,

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shall not at any time exceed the aggregate of the amount of twice its capital, plus the amount of its unimpaired surplus and undivided profits. Section 6. Said Code Title is further amended by striking Code section 13-2027 in its entirety and inserting in lieu thereof a new Code section 13-2027, to read as follows: 13-2027. Legal Reserve Requirements. (a) For the purposes of the reserve requirement imposed by subsection (b) and the composition of the required reserve fund under subsection (c), the terms: Code 13-2027 amended. (1) `demand deposits' shall mean the aggregate of deposits which can be required to be paid on demand or within less than thirty days after demand; (2) `time deposits' shall mean deposits which cannot be required to be paid within less than thirty days; (3) `reserve agent' shall mean a depository of the bank approved by the Department for the deposit of funds; and (4) `instrumentality of the United States' shall mean the Federal National Mortgage Association, a Federal Land Bank, a Bank for Cooperatives and a Federal Intermediate Credit Bank. (b) (1) A bank which is not a member of the Federal Reserve System shall maintain at all times a reserve fund in an amount fixed by regulation of the Department but in no case shall such reserve be required in excess of (i) in the case of a savings bank, five percent of total deposits, and (ii) in the case of any other bank, the aggregate of fifteen percent of demand deposits and five percent of other deposits. The amount of the required reserve for each day shall be computed on the basis of average daily deposits covering

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such biweekly or shorter periods as shall be fixed by regulation of the Department. (2) A bank which is a member of the Federal Reserve System shall maintain at all times a reserve fund in accordance with the requirements applicable to a member bank under the laws of the United States. (c) (1) In the case of a bank other than a savings bank, then such portion of the reserve fund against deposits as shall be fixed by regulation of the Department shall consist of United States coin and currency on hand or on deposit, subject to call without notice, in a reserve agent. The balance of such reserve funds shall be kept in obligations of: (i) the United States or any instrumentality thereof, the State of Georgia, or (ii) other issuers whose obligations are marketable and approved by regulation of the Department for the purpose of this Section. (2) In the case of a savings bank, the reserve fund shall consist of: (i) United States coin and currency on hand or on deposit, subject to call without notice, in a reserve agent in a total amount not less than one percent of the deposits of the savings bank, and (ii) securities permitted under subsection (c) (1) of this Section. (3) All assets which are part of the reserve fund shall be owned absolutely by the bank and shall not be pledged, assigned or hypothecated in any manner. The value of all securities which constitute part of a bank's reserve fund shall be computed at the current market value thereof. (d) A bank shall give written notice to the Department, in the manner prescribed by the Department for such notice, of any deficiency in the reserve fund required under subsection

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(b) (1) or (2) within three business days after the close of any scheduled averaging period during which such deficiency occurs, subject to the penalty provisions of this Code Title. (e) Immediately following the closing of any scheduled averaging period during which a deficiency in the required reserve occurs, the bank will take immediate action to restore the deficiency and until such deficiency is restored, the bank shall not increase its liabilities by making any new loans or discounts other than by discounting or purchasing bills of exchange at sight nor shall any dividend be declared out of the profits of such bank. Any bank failing to restore its reserve to the required amount within thirty days after closing of the averaging period in which the deficiency occurs may have its business and assets taken over by the Commissioner as provided in other cases. Section 7. Said Code Title is further amended by striking Code section 13-2028 in its entirety and inserting in lieu thereof a new Code section 13-2028, to read as follows: 13-2028. Banks Required to Remit at Par. Any bank shall pay all checks drawn on it at par and shall make no charge for the payment of such checks. However, a bank may deduct a reasonable collection charge covering its actual expenses from the remittance for any check forwarded to it for collection and remittance as a special collection item. Code 13-2028 amended. Section 8. Said Code Title is further amended by adding a new Code section at the end of Code Chapter 13-20, to be designated Code section 13-2068, to read as follows: 13-2068. Pledges for Deposits. (a) Any bank may pledge assets as security for deposits of: (1) public funds, Code 13-2068 amended. (2) funds of a pension fund for employees of a political subdivision of the State,

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(3) funds for which a political subdivision of the State or an officer or employee thereof or any court of law is the custodian or trustee pursuant to statute, (4) funds held by the Commissioner as receiver, (5) funds which are required to be secured by law or by an order of a court, and (6) in the case of a bank and trust company, funds held in a fiduciary capacity and deposited in its commercial department pursuant to an Act requiring banks having and exercising trust powers and privileges and trust companies, savings banks and security or guaranty companies and corporations doing a trust business or exercising the rights, powers and privileges of trust companies to secure uninvested trust funds, approved March 26, 1935 (Ga. L. 1935, p. 484), as now or hereafter amended. (b) A bank may not pledge assets as security for deposits other than those covered by subsection (a) of this section. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. BUILDING AND LOAN ACT AMENDEDAPPROVAL OF COMMISSIONER FOR CHARTER REQUIRED. No. 259 (House Bill No. 354). An Act to amend an Act known as The Building and Loan Act, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 307), as amended, so as to provide that no court in this State shall grant a new charter to any State-chartered

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association nor any renewals or amendments to any existing charters of any State-chartered association without the prior written approval of the Georgia Building and Loan 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. An Act known as The Building and Loan Act, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 307), as amended, is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. No court in this State shall hereafter grant any new charters to any State-chartered association nor any renewals or amendments to any existing charters of any State-chartered association without the prior written approval of the Georgia Building and Loan Commissioner. Any new charter or any renewals of, or amendments to, any existing charters, granted in the future without such prior written approval shall be null and void. Approval. 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 13, 1973. BANKS AND BANKINGINVESTMENTSCERTAIN ADVERTISEMENTS PROHIBITED, ETC. Code 13-204.2 Enacted. No. 260 (House Bill No. 355). An Act to amend Code Title 13, known as the Banking Law of Georgia, as amended, so as to prohibit any person, firm or corporation from advertising in any way seeking to

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induce any person to purchase an instrument purporting to be insured or guaranteed in a manner comparable to an insured deposit or share account in any bank, savings and loan association, building and loan association or credit union when the instrument does not possess comparable insurance coverage as determined by the Commissioner of the Department of Banking and Finance of this State; to require such advertising or solicitation to clearly state that the investment is not a deposit insured by an instrumentality or agency of the federal government or of this State; to prohibit the use of the terms savings, savings account, deposit, or withdrawal or any equivalent thereof in any advertisement indicating reference to instruments issued by or to be issued by any such person, firm or corporation other than a bank, savings and loan association, building and loan association or credit union; to provide for injunctive relief; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 13, known as the Banking Law of Georgia, as amended, is hereby amended by adding a new code section, immediately following Code section 13-204.1, to be designated Code section 13-204-2, to read as follows: 13-204.2. Advertising. (a) No person, firm or corporation doing business in this State shall advertise in or through any newspaper, radio, television, letters, circulars, billheads or in any way or through any medium seeking to induce any person to purchase an instrument which is purported to be insured or guaranteed in a manner comparable to an insured deposit or share account in any bank, savings and loan association, building and loan association or credit union when in fact such instrument does not possess comparable insurance coverage as determined by the Commissioner of the Department of Banking and Finance of this State. Whenever any person, firm or corporation doing business in this State shall compare, in any such advertising media, an investment or a return on an investment, except an investment or return on an investment in the form of a deposit

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or share account, to a deposit or share account or a return on a deposit or share account in a bank, savings and loan association, building and loan association or credit union, it shall be clearly stated in such advertising or solicitation that the investment is not a deposit insured by an instrumentality or agency of the federal government or of this State. Code 13-204.2 enacted. (b) No person, firm or corporation shall use the terms `savings', `savings account', `deposit', or `withdrawal' or any equivalent thereof in any advertisement as above described in subsection (a) indicating reference to instruments issued by or to be issued by the person, firm or corporation. (c) The Commissioner of the Department of Banking and Finance shall enforce the provisions of this Act by seeking injunctive relief in a superior court of competent jurisdiction. 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 13, 1973. GEORGIA BUSINESS DEVELOPMENT CORPORATION ACT AMENDEDPROVISION MADE FOR COMMENCING BUSINESS, ETC. No. 261 (House Bill No. 356). An Act to amend an Act known as the Georgia Business Development Corporation Act, approved April 3, 1972 (Ga. L. 1972, p. 798), so as to provide that no business development corporation shall be authorized to commence business until its articles are approved by the Commissioner of Banking and Finance; to enumerate the criteria

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which the Commissioner of Banking and Finance shall consider in his investigation; to provide that the Commissioner shall issue, under his hand and official seal, a certificate either granting or denying permission for the corporation to commence business within ninety days after receiving the application; to provide that the Commissioner of Banking and Finance shall exercise the same power and authority over corporations organized under this Act as is now or hereafter exercised over banks and trust companies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Business Development Corporation Act, approved April 3, 1972 (Ga. L. 1972, p. 798), 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. 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, federal savings and loan associations, State 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 and approved by the Commissioner of Banking and Finance. After certification and approval as

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herein provided, stock thereof to the extent herein or hereafter duly authorized may be issued. Section 2. Said Act is further amended by adding a new section, immediately following Section 4, to be designated Section 4A, to read as follows: Section 4A. Approval by the Commissioner of Banking and Finance. Upon receipt of an application for approval of articles of incorporation from a corporation organized pursuant to this Act, the Commissioner of Banking and Finance shall exercise his discretion in his consideration of the application, but the Commissioner shall not approve the application until he has ascertained to his satisfaction (a) that the public need and advantage will be promoted by the establishment of the corporation, (b) that conditions in the locality in which the corporation will transact business afford reasonable promise of a successful operation, (c) that the applicants may legally invest in the stock of the corporation and that such investment would not be to the detriment of the applitants, (d) that the proposed members are in good standing with their respective supervisory authorities, and (e) that the proposed officers and directors have sufficient experience, ability and standing to afford reasonable promise of a successful operation. Within ninety (90) days after receipt of an application for approval of the articles of incorporation, the Commissioner shall issue, under his hand and official seal, a certificate either granting or denying permission for the corporation to commence business; provided that in no instance shall the Commission grant such permission until he has ascertained to his satisfaction that the above conditions and circumstances have been met and that the articles of incorporation are in accordance with this Act.

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Section 3. 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. Examination of corporation; supervision; reports. The corporation shall be examined at least once annually by the Commissioner of Banking and Finance and shall make reports of its condition not less than annually to the Commissioner of Banking and Finance and more frequently upon call of said Commissioner of Banking and Finance, who in turn shall make copies of such reports available to the Governor; and the corporation shall also furnish such other information as may from time to time be required by the Commissioner of Banking and Finance and the Secretary of State. The corporation shall pay the actual cost of said examinations. The Commissioner of Banking and Finance shall exercise the same power and authority over corporations organized under this Act as is now or hereafter 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 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 13, 1973. GEORGIA PEACE OFFICERS' STANDARDS AND TRAINING ACT AMENDEDMINIMUM AGE LOWERED. No. 262 (House Bill No. 358). An Act to amend an Act known as the Georgia Peace Officers' Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), so as to lower the minimum

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age to eighteen (18) for a person to be employed or certified as a peace officer; 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 Officers' Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208) is hereby amended by striking from subsection (a) of section 8 the following: twenty (20) and inserting in lieu thereof the following: eighteen (18), so that when so amended subsection (a) of section 8 shall read as follows: (a) Be at least eighteen (18) years of age; Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDALLOTMENT OF FUNDS FOR FREE TEXTBOOKS CHANGED, ETC. No. 263 (House Bill No. 361). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to change the provisions relative to the allotment of funds for free text books, consumable instructional materials and supplies and for library books and nonconsumable teaching

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materials and aids; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3) as amended, is hereby amended by striking sections 14 through 16 in their entirety and substituting in lieu thereof one new section to be designated section 16 and to read as follows: Section 16. (a) Instructional materials and media. The amount of funds to be received by a local unit of administration for: (1) maintenance, repair and purchase of free textbooks, (2) purchase of consumable instructional materials and supplies, and (3) purchase of school library books and nonconsumable teaching materials and aids, shall be determined by the State Board of Education by multiplying the number of teachers allotted to the local unit of administration under the provisions of Section 11 and 20 of this Act by the sum of not less than $300.00. (b) For the purposes of this Section, the State Board of Education shall have the authority to: (1) Make additional allotments of funds to local units to further assist local units in meeting the need for addtional sets of textbooks and instructional materials due to increased enrollment of pupils in the local unit. (2) Prescribe multiple lists of approved textbooks and minimum requirements and standards for the purchase, distribution and use of such textbooks and for the use and expenditure of funds allotted therefor under this Section. (3) Define the term `consumable instructional materials and supplies' and establish minimum requirements and standards for the purchase, distribution and use of such instructional materials and supplies and for the use and expenditure of funds allotted therefor under this Section.

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(4) Define the term `library books and nonconsumable teaching materials and aids' and establish minimum requirements and standards for the purchase, distribution and use of such library books, teaching materials and aids and for the use and expenditure of funds allotted therefor under this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. BOARD OF CORRECTIONSPRISONERSBENEFITS ON RELEASE PROVIDED, ETC. No. 265 (House Bill No. 380). 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) and by an Act approved March 28, 1972 (Ga. L. 1972, p. 602), so as to provide that prisoners shall receive certain benefits on release except as otherwise provided and to provide the manner of implementing the benefits; 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) and by an Act approved March 28, 1972 (Ga. L. 1972, p. 602) is hereby amended by striking section 21 in its entirety and adding a new section 21 which shall read as follows:

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Section 21. (a) Except as otherwise provided in this section, whenever a prisoner is discharged upon pardon or completion of his sentence, or is conditionally released or paroled, from any place of detention to which he has been assigned under the authority of the State Board of Corrections, the Board shall provide the prisoner the following: Benefits. (1) transportation to the prisoner's home within the United States, or to a place chosen by the prisoner and authorized by regulations of the Board; (2) an amount of money of not less than $25.00 and not more than $150.00, as determined according to regulations of the Board; and (3) a travel kit, when appropriate, and suitable clothing, each as provided by regulation of the Board. (b) Whenever a prisoner assigned to a county public works camp by the Board is discharged upon pardon or completion of his sentence, or is conditionally released or paroled, the county shall provide the prisoner the release benefits to which he is eligible under this section, and the Board shall reimburse the county. (c) A prisoner whose limits of confinement have been extended to allow him to participate in a work release program of paid employment shall receive the benefits provided by this section only to the extent of financial need, as determined pursuant to regulations of the Board. (d) A prisoner convicted of an offense below felony shall receive the amount of $25.00 or less, as determined under regulations of the Board, and transportation as provided in this section. (e) The Board shall administer these benefits through regulations which are based upon its knowledge and skill in aiding a prisoner to make the initial adjustment to his release. 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 take effect upon its approval by the Governor. Effective date. Section 4. The authority contained in this Act to provide release benefits to misdemeanor prisoners shall be retroactive through July 1, 1972: Provided that this section is intended to be separable from the Act as a whole, so that a judicial determination that this section is invalid shall not invalidate the remainder of the Act. Approved April 13, 1973. DIVISION OF INVESTIGATIONNARCOTICS AND DRUG ABUSE AGENTSCONTRACTUAL BASIS AUTHORIZED, ETC. No. 266 (House Bill No. 386). An Act to amend an Act establishing the qualifications for agents of the Division of Investigation approved February 25, 1949 (Ga. L. 1949, p. 1177), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 647), and an Act approved March 30, 1971 (Ga. L. 1971, pp. 303, 304), so as to authorize the Director of the Division of Investigation to retain on a contractual basis such persons as he deems necessary to effectively support local law enforcement efforts in combating the menace of narcotic and drug abuse; 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 qualifications for agents of the Division of Investigation approved February 12, 1949 (Ga. L. 1949, p. 1177), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 647), and an Act approved March 30, 1971 (Ga. L. 1971, pp. 303, 304), is hereby amended by adding at the end of section 2 a new section, to be known as section 3, to read as follows:

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Section 3. (a) The Director of the Division of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes pertaining to the possession, sale, or use of narcotics, or other dangerous drugs. (b) Those persons contracting with the Director of the Division of Investigation pursuant to subsection (a) shall be known as, and are hereinafter referred to as `special contract investigators.' (c) The investigative services provided for in this Act shall be designed to support local law enforcement efforts. The Director of the Division of Investigation shall, with the advice and consent of the Board of Public Safety, appoint a priority committee consisting of three members. This committee shall be comprised of a representative from the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police and the District Attorneys Association. This committee shall establish priority of investigative resources and determine the bona fide nature of requests for assistance. Their recommendations shall be followed by the Director of the Division of Investigation except where otherwise expressly authorized by the Board of Public Safety. (d) Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Division of Investigation. (e) The provisions of the `Georgia Peace Officer Standards and Training Act', approved March 10, 1970 (Ga. L. 1970, p. 208), as now or hereafter amended, shall not apply to special contract investigators. No person shall be a special contract investigator unless he is at least eighteen (18) years of age. (f) The Director of the Division of Investigation shall conduct a background investigation of all potential special contract investigators. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the Board of Public Safety.

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Any matters pertaining to special contract investigators shall be exempt from the provisions of an Act relating to meetings open to the public, approved March 28, 1972 (Ga. L. 1972, p. 575), as now or hereafter amended. (g) Any contract pursuant to subsection (a) shall be: (1) reduced to writing; and (2) terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and (3) approved as to form by the Attorney General. Such contracts shall not be public records and shall not be available for inspection under the provisions of an Act providing for the inspection of public records, approved February 27, 1959 (Ga. L. 1959, p. 88), as now or hereafter amended. (h) Special contract investigators shall not be considered employees of the Division of Investigation for any purpose. (i) The Director of the Division of Investigation shall have all powers necessary and incidental to the effective operation 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 April 13, 1973.

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LAW ENFORCEMENT OFFICERSNOT REQUIRED IN CRIMINAL PROCEEDINGS TO REVEAL THEIR HOME ADDRESSES, ETC. No. 267 (House Bill No. 400). An Act to provide that law enforcement officers, while testifying before any court in any criminal proceedings, shall not be compelled to reveal their home address, but may be required to divulge the business address of their employer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Law enforcement officers testifying before any court in any criminal proceedings shall not be compelled to reveal their home address, but may be required to divulge the business address of their employer, except that the court may require any officer to answer questions as to his home address whenever such fact may be material to any issue in the case. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. WILLSEXECUTORS TRUSTEESCOMPENSATION FOR CERTAIN SERVICES PROVIDED, ETC. No. 268 (House Bill No. 413). An Act to provide to certain Executors or Trustees compensation for certain of their services; 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. Any Executor of a decedent resident of this

Page 548

State and any trustee resident in this State may receive compensation for services as specified below from a corporation or other business enterprise where the estate of said decedent or such trust estate owns an interest in such corporation or other business enterprise, provided that: (a) The services provided by such fiduciary to such corporation or other business enterprise are of a managerial, executive, or business advisory nature, (b) The compensation received for such services is reasonable, and (c) Said services are performed and said fiduciary is paid pursuant to a contract executed by the fiduciary and the said corporation, or business enterprise, which contract is approved by a majority of those members of the Board of Directors or other similar governing authority of the corporation or business enterprise, who are not officers or employees of such fiduciary and are not related to such fiduciary, and provided such contract is approved by the ordinary of the county where such administration proceeding is pending or the situs of the trust. Section 2. Any Executor receiving compensation from a corporation or other business enterprise for services to it as described above shall not receive extra compensation in respect to such services for extraordinary service as provided in Georgia Code Section 113-2008; provided that nothing herein shall prohibit the receipt by such fiduciary of extra compensation for extraordinary services rendered in respect to other assets or matters involving the estate or trust. Section 3. Nothing herein shall prohibit the receipt by Executors and Trustees of normal commissions and compensation for the usual services performed by Executors and Trustees pursuant to law or pursuant to any fee agreement executed by the Testator or settlor. The purpose of this law is to enable additional compensation to be paid to executors and Trustees for business management and advisory services to corporations and business enterprises pursuant to contract and without the necessity of making application for

Page 549

extra compensation for extraordinary services rendered pursuant to Georgia Code section 113-2008. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. FIDUCIARY INVESTMENT COMPANY ACT AMENDED. No. 271 (House Bill No. 427). An Act to amend an Act known as the Fiduciary Investment Company Act, approved March 20, 1970 (Ga. L. 1970, p. 515), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 639), so as to redefine the term supervisory agency; to permit and allow officers and directors of foreign trust institutions to serve as directors of fiduciary investment companies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Fiduciary Investment Company Act, approved March 20, 1970 (Ga. L. 1970, p. 515), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 639), is hereby amended by striking subsection (d) of section 1 in its entirety and inserting in lieu thereof a new subsection (d) of section 1, to read as follows: (d) The term `supervisory agency' means the Department of Banking and Finance of the State of Georgia. Supervisory Agency defined. Section 2. 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. Trust institutions and foreign trust institutions as defined by this Act, acting in a fiduciary capacity and for fiduciary purposes, may, if exercising due care as a

Page 550

prudent investor, and with the consent of any co-fiduciary, invest and reinvest funds held in such fiduciary capacity in the shares of stock of one or more fiduciary investment companies, except where the will, trust indenture or other instrument under which such trust institution or foreign trust institution acts, prohibits such investment; provided the fiduciary investment company shall be its articles of incorporation issued and granted in conformity with the Georgia Business Corporation Code have and possess the corporate powers required by this Act and be subject to the limitations set forth by this Act; provided further, however, that no such trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company on behalf of any estate, trust or fund administered by such trust institution or foreign trust institution, a sum or amount which would result in such estate, trust or fund having a total investment in such stock in excess of the maximum amount or percentage that might be invested by such estate, trust or fund, under the regulations of the supervisory agency in effect at the time of such investment, in any common trust fund having total assets equal to the total assets of the fiduciary investment company as increased by the proposed investment and no trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company if, immediately after such investment and as a consequence thereof, it would own more than 25 percent of the voting securities of such fiduciary investment company which would then be outstanding. Trust institutions, powers, etc. Section 3. Said Act is further amended by striking subsection (b) of section 5 in its entirety and inserting in lieu thereof a new subsection (b) of section 5, to read as follows: (b) A fiduciary investment company shall have no less than five directors who need not be shareholders, but shall be officers or directors of trust institutions or foreign trust institutions holding stock in such fiduciary investment company. Provided, however, no more than two directors shall be officers or directors of any one trust institution or foreign trust institution if the fiduciary investment company has been organized and incorporated by three or more trust institutions. Directors.

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Section 4. Said Act is further amended by striking the last paragraph of section 5 in its entirety and inserting in lieu thereof a new last paragraph of section 5, to read as follows: Every fiduciary investment company subject to the supervision and regulation of the Comptroller of the Currency of the United States shall comply with all applicable rules and regulations of that agency to the extent that such rules and regulations are in addition to or in conflict with rules and regulations promulgated by the supervisory agency. Rules. 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. The supervisory agency shall have authority to adopt and issue reasonable and uniform rules and regulations to govern the conduct and management of all fiduciary investment companies. The supervisory agency may, whenever it may deem it necessary or expedient, examine every fiduciary investment company contemplated by this law except such fiduciary investment companies as are subject to regular examination by the Comptroller of the Currency of the United States or the Board of Governors of the Federal Reserve System. On every such examination, the supervisory agency shall make inquiry as to its financial condition, the policies of its management, whether it is complying with the laws of Georgia, and such other matters as the supervisory agency may reasonably prescribe. In the enforcement of this Act and the restrictions and limitations imposed by their articles of incorporation and bylaws, the supervisory agency shall have the same powers and authority with respect to fiduciary investment companies as are conferred upon him by the laws of this State, with respect to State banks and trust companies to the same extent and in the same manner as if fiduciary investment companies were expressly named in Title 13 of the Code of Georgia, as amended. Same. Section 6. The amendments to the Fiduciary Investment

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Company Act, as amended, made by this Act shall apply to and be effective with respect to all such fiduciary investment companies now existing or hereafter incorporated. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDACCRUAL OF CAPITAL OUTLAY FUNDS AUTHORIZED, ETC. No. 272 (House Bill No. 432). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3) as amended, so as to authorize local units of administration to accrue State capital outlay funds from year to year, up to a certain maximum, in accordance with capital facility plans approved by the State Board of Education; to provide for certain requirements of such plans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by adding at the end of the 1st paragraph of section 24 the following: The provisions of any other law to the contrary notwithstanding, each local unit of administration is hereby authorized to accrue State capital outlay funds from year to year, up to a maximum of 10 years, in order to effectuate the purposes of the capital facilities plan of each local unit of administration which has been approved by the State Board of Education and which includes an assessment of needs related to the modernization, renovation or replacement of inadequate capital facilities.

Page 553

So that when so amended the first paragraph of section 24 of said Act shall read as follows: Capital outlay needs of local units of administration shall hereafter be determined by the State Board of Education on the basis of school system surveys, growth and development patterns within local units of administration, school plant surveys, and such other criteria as the State Board may, from time to time and in its discretion, prescribe and require to be established on a current and long-range basis indicating present and anticipated future capital outlay needs of the several local units of administration. State capital outlay funds hereafter available for construction of capital facilities in or for the use of local units of administration shall be allotted to local units by the State Board on the basis of the respective current and long-range capital outlay needs of the several local units. The State Board shall, in determining the amount of State capital outlay funds to be allotted to or on behalf of a local unit of administration, consider the financial ability of the local unit to furnish local capital outlay funds from any existing unused bonding capacity of the local unit and the willingness of the local unit to provide such local matching capital outlay funds. The State Board is authorized to enter into contracts with local units of administration for allotment of State capital outlay funds, and for utilization of local capital outlay funds, in making provision for construction of capital facilities needed by the local unit. The provisions of any other law to the contrary notwithstanding, each local unit of administration is hereby authorized to accrue State capital outlay funds from year to year, up to a maximum of 10 years, in order to effectuate the purposes of the capital facilities plan of each local unit of administration which has been approved by the State Board of Education and which includes an assessment of needs related to the modernization, renovation or replacement of inadequate capital facilities. Capital outlay funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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STATE BOARD OF EXAMINERS FOR REGISTERED PROFESSIONAL SANITARIANS ACT AMENDEDTERMS OF OFFICE PROVIDED. No. 273 (House Bill No. 433) An Act to amend an Act creating the State Board of Examiners for Registered Professional Sanitarians, approved March 7, 1957 (Ga. L. 1957, p. 219), so as to provide for five-year terms of office; to provide for eligibility for reappointment; to provide for filling vacancies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Examiners for Registered Professional Sanitarians, approved March 7, 1957 (Ga. L. 1957, p. 219), 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 a board to be known as the State Board of Examiners for Registered Professional Sanitarians, hereinafter referred to as the board. Said board shall be composed of five members to be appointed by the Governor. The appointment shall be made as follows: One member from the State Department of Public Health, one from the State Department of Agriculture, one Doctor of Veterinary Medicine, one from the College of Agriculture of the University of Georgia, and one from industries in which sanitarians are employed. The appointments shall be for periods of one, two, three, four and five years respectively, to be determined by the Governor. All subsequent appointments shall be for terms of five years. Members shall be eligible for reappointment. Vacancies shall be filled by the Governor for the unexpired term. The members of the board shall receive no compensation for their services but shall be reimbursed for expenses incurred in the performance of their duties. The members of the board shall meet for an organization meeting at the call of the joint secretary within sixty

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days from their appointment and qualification and thereafter at least once a year at such time and place as may be provided by rules and regulations adopted and promulgated by them. Provided, however, that special meetings may be called by the chairman or the joint secretary at such time and under such circumstances as they may deem necessary and proper. Provided further, that any notice of such meeting shall be given all members in writing at least ten days prior to the date of the meeting. 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 13, 1973. BOARD OF CORRECTIONSPRISONSPOSSESSION OF DEADLY WEAPON IN PRISON PENALIZED, ETC. No. 275 (House Bill No. 448) 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, 1956 (Ga. L. 1956, p. 161, et seq.) so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or facility under the jurisdiction and control of the State Board of Corrections and to provide a penalty for the violation of this Statute. 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, 1956 (Ga. L.

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1956, p. 161, et seq.) is hereby amended by adding the following new section: Section 33.2. (a) Every person confined in a State prison or confined in any correctional facility under the jurisdiction of or subject to the authority of the State Board of Corrections or who, while being conveyed to or from any State prison, or while at any prison or road camp, prison forestry camp, or other prison work camp or prison farm under such jurisdiction or authority, or while being conveyed to or from any such place or while under the custody of prison officials, officers or employees subject to such jurisdiction or authority, who without authorization of the appropriate authorities, possesses or carries upon his person or has under his custody or control any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles or any pistol, revolver, other firearm or any explosive substance or any dirk, dagger, switchblade, gravity knife, razor or any other sharp instrument which is capable of such use as may endanger the safety or security of any of the above described facilities or any person therein, is guilty of a felony and shall be punishable by imprisonment in the State prison for a term of not less than one nor more than five years. Deadly weapon defined. (b) A person is deemed confined in a `State prison' if he is confined in any of the prisons or correctional facilities specified above by order made pursuant to law, regardless of the purpose of such confinement and regardless of the validity of the order directing such confinement, until a judgment of a competent court setting aside such order becomes final so as to entitle the person to his immediate release. (c) A person is deemed `confined in' a prison although, at the time of the offense, he is temporarily outside its walls or bounds for the purpose of confinement in a local correctional institution pending trial or for any other purpose which a prisoner may be allowed temporarily outside the walls or bounds of the prison, but a prisoner who has been released on parole is not deemed `confined in' a prison for purposes of this chapter.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. DIVORCENEW GROUND PROVIDED. Code 30-102 Amended. No. 276 (House Bill No. 456). An Act to amend section 30-102, relating to the grounds that are sufficient to authorize the granting of a total divorce, as amended, so as to provide for an additional ground; 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, as amended, is hereby amended by adding at the end thereof a new subsection, to be designated subsection 13, to read as follows: 13. The marriage is irretrievably broken., so that when so amended, Code section 30-102 shall read as follows: 30-102. Grounds for total divorce. The following grounds shall be sufficient to authorize the granting of a total divorce; Code 30-102 amended. 1. Intermarriage by persons within the prohibited degrees of consanguinity and affinity. 2. Mental incapacity at the time of the marriage. 3. Impotency at the time of the marriage.

Page 558

4. Force, menaces, duress, or fraud in obtaining the marriage. 5. Pregnancy of the wife, at the time of the marriage unknown to the husband. 6. Adultery in either of the parties after marriage. 7. Wilful and continued desertion by either of the parties for the term of one year. 8. The conviction of either party for an offense involving moral turpitude, and under which he or she is sentenced to imprisonment in the penitentiary for the term of two years or longer. 9. Habitual intoxication. 10. Cruel treatment, which shall consist of the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb or health. 11. Incurable mental illness, but no divorce shall be granted upon this ground unless the mentally ill party shall 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

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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. 12. Habitual drug addiction, which shall consist of addiction to any narcotic, as defined by the Uniform Narcotic Drug Act, Chapter 79A-8 of the Georgia Code, or addiction to any depressant or stimulant drug, as defined by the Georgia Drug Abuse Control Act, Chapter 79A-9 of the Georgia Code. 13. The marriage is irretrievably broken. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MOTOR VEHICLESRECIPROCAL AGREEMENTSGOVERNOR AUTHORIZED TO ENTER INTO CERTAIN AGREEMENTS Code 68-1001 Amended. No. 277 (House Bill No. 478). An Act to amend Code section 68-1001, relating to the negotiation of reciprocal agreements between states concerning motor vehicles, as amended, particularly by an Act approved February 4, 1959 (Ga. L. 1959, p. 25), so as to authorize the Governor of the State of Georgia or his designees to enter into agreements or arrangements

Page 560

with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or combined interstate and intrastate commerce; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-1001, relating to the negotiation of reciprocal agreements between states concerning motor vehicles, as amended, particularly by an Act approved February 4, 1959 (Ga. L. 1959, p. 25), is hereby amended by adding a new section following section 2 thereof, which when inserted will read as follows: Section 3. The Governor of the State of Georgia or his designees may likewise enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or combined interstate and intrastate commerce. The Governor of the State of Georgia or his designees may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions herein contained. Code 68-1001 amended. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CHILDREN AND YOUTH ACT AMENDEDINJUNCTIVE RELIEF AUTHORIZED AGAINST UNLICENSED CHILD WELFARE AGENCY, ETC. No. 279 (House Bill No. 508). An Act to amend an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, particularly by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), so as to provide that the Department

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of Human Resources may seek injunctive relief against the unlicensed or grossly deficient operation of a child welfare agency; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, particularly by an Act approved April 18, 1967 (Ga. L. 1967, p. 772), is hereby amended by adding to section 14 thereof, relating to child welfare agencies, a new subsection to be designated subsection (t) which shall read as follows: (t) Injunctive Relief. The Department of Human Resources may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of a child welfare agency without a license or the continued operation of a child welfare agency in wilfull violation of this Act or of any regulation of the Department or in violation of any order of the Board of Human Resources. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. INSTALLATION OF BOILERS AND PRESSURE VESSELS ACT AMENDEDCERTAIN EXEMPTIONS PROVIDED. No. 281 (House Bill No. 543). An Act to amend an Act requiring safe construction and installation of boilers and pressure vessels, approved April 21, 1969 (Ga. L. 1969, p. 546), so as to exempt certain

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water heaters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act requiring safe construction and installation of boilers and pressure vessels, approved April 21, 1969 (Ga. L. 1969, p. 546), is hereby amended by adding, following section 3, a new section to be numbered section 3A, to read as follows: Section 3A. Domestic and commercial water heaters meeting the following conditions shall be exempt from the provisions of this Act: Exemptions. (a) factory assembled, packaged, self-contained and jacketed; and (b) gas, oil or electric fired; and (c) made so that it can be stocked by wholesalers and dealers in units ready for installation; and (d) all interior surfaces of such water heaters are coated with glass or copper or other corrosion resistant material and guaranteed by the manufacturer against tank leak due to rust or corrosion for a minimum of three (3) years from date of original installation. Provided, however, that the units are standard catalog items of the manufacturer with labels bearing model numbers and serial numbers, the amount of heat input in btu or kw., and test and working pressures. Provided, further, that gas fired units are approved by the American Gas Association and bear the AGA seal, and other units are approved by the Underwriters Laboratories and bear the UL label. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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CHILDREN AND YOUTH ACT AMENDEDCERTAIN PENALTY PROVISIONS CHANGED, ETC. No. 282 (House Bill No. 553). An Act to amend an Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 1251), so as to change the penalty provisions relating to certain youthful offenders; to change the age at which certain offenders are subject to the penalty provisions; to provide for pleas of nolo contendere; to provide for certain discretionary power in the courts; 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. An Act known as the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 1251), is hereby amended by striking subparagraph (5) of section 9 (a) of said Act in its entirety and inserting in lieu thereof a new subparagraph (5) to read as follows: (5) For the acceptance and incarceration of all felons under the age of 17 years; provided, however, that those felons convicted of a capital felony shall only be sentenced into the custody of the State Department of Offender Rehabilitation. All other persons under the age of 17 years and commencing on July 1, 1974, under the age of 18 found to be guilty or convicted, including a plea of guilty or of nolo contendere, of voluntary manslaughter, involuntary manslaughter, mayhem, aggravated sodomy, aggravated assault, aggravated battery, false imprisonment, kidnapping, robbery (not including robbery by sudden snatching), or an attempt to commit any such offense, may, in the discretion of the court, be committed as youthful offenders as authorized in the Georgia Youthful Offender Act of 1972 (Ga. L. 1972, p. 592), or be committed for an indefinite

Page 564

period of time to the custody of the Division of Social Services of the State Department of Human Resources; provided, however, that a person under the age of 17 years and commencing on July 1, 1974, under the age of 18 who is convicted of a felony or misdemeanor while under commitment to the Division of Social Services may, upon petition to the court by the Division, and, in the discretion of the superior court judge, be committed as a youthful offender to the Georgia Department of Offender Rehabilitation as authorized in the Georgia Youthful Offender Act of 1972, approved March 28, 1972 (Ga. L. 1972, p. 592). Whenever any child shall escape from any youth detention center, the Division shall file a petition in the court having jurisdiction and if found guilty, he shall, in the discretion of the court, be punished for such escape by commitment for an additional twelve months in a youth detention center or the Department of Offender Rehabilitation. Age changed. 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 13, 1973. COASTAL MARSHLANDS PROTECTION COMMITTEE NAMED. No. 283 (House Bill No. 556). An Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), so as to provide a name for the committee concerned with protection of the Georgia coastal marshlands; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 565

Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), is hereby amended by striking from the first sentence of subsection (b) of section 17 the words a committee and substituting in lieu thereof the following: the Coastal Marshlands Protection Committee, so that when so amended, the first sentence of subsection (b) of section 17 shall read as follows: (b) There is created the Coastal Marshlands Protection Committee to be composed of three (3) members. Named. 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 13, 1973. CORONERSCERTAIN POPULATION FIGURES CHANGED. (10,600-10,900). Code 21-105 Amended. No. 284 (House Bill No. 560). An Act to amend an Act amending Code section 21-105, relating to fees paid coroners, as amended, approved April 28, 1969 (Ga. L. 1969, p. 878), so as to change certain population figures; to change the compensation of coroners in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending Code Section 21-105, relating

Page 566

to fees paid coroners, as amended, approved April 28, 1969 (Ga. L. 1969, p. 878), is hereby amended by striking from section 1 the following: not less than 10,150 persons and not more than 10,275 persons, according to the United States Census of 1960, or any future Census, and inserting in lieu thereof the following: not less than 10,600 persons and not more than 10,900 persons, according to the United States Decennial Census of 1970, or any such future census, and by striking therefrom the following: seventy-five dollars ($75.00), and inserting in lieu thereof the following: one hundred dollars ($100.00), so that when so amended, section 1 shall read as follows: Section 1. Section 21-105 of the Code of Georgia of 1933, as amended, is hereby amended by adding at the end of said section the following: Code 21-105 amended. The coroners in all counties of this State having a population of not less than 10,600 persons and not more than 10,900 persons, according to the United States Decennial Census of 1970, or any such future census, are hereby placed on a salary basis and shall be compensated as such official, in the amount of one hundred dollars ($100.00) per month. Said compensation shall be paid monthly from the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies, and all other emoluments and perquisites of whatever kind which shall be allowed coroners of such counties. All such fees, costs, allowances, monies, and all other emoluments and perquisites of whatever kind shall become the property of such counties

Page 567

and shall be paid to the fiscal officer of such counties, at least once a month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. INCOME TAXNET INCOME MEANINGCONFORMED TO FEDERAL CODEDATE CHANGED. Code 92-3109 Amended. No. 285 (House Bill No. 592). An Act to amend section 92-3108 of the Code of Georgia, defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1973; 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, 1972 wherever it appears in the second paragraph of said section and inserting in lieu thereof the date January 1, 1973, 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, 1973, 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, 1973.

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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, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. STATE REVENUE DEPARTMENTCERTAIN TAX INFORMATION MADE AVAILABLE FOR DATA PROCESSING EQUIPMENT EMPLOYEES. Code 92-3216 Amended. No. 286 (House Bill No. 593). An Act to amend an Act approved March 31, 1931 (Ga. L. 1931, Ex. Sess. p. 57) concerning the secrecy required of employees of the State Revenue Department to provide for persons other than employees of the State Revenue Department to have access to tax information when working with data processing equipment wherein such information is stored; 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 92-3216 (Ga. L. 1931, Ex. Sess., p. 57) of the Code is hereby amended by inserting at the end thereof a new paragraph which shall read as follows: Nothing herein shall be construed to prohibit persons, or groups of persons, other than employees of the State Revenue Department from having access to tax information where necessary for data processing operations and maintenance of data processing equipment; provided such persons, or groups of persons, have obtained prior approval from the State Revenue Commissioner and are subject to the direct security control of Revenue Department personnel during

Page 569

subject periods of access. Any person who divulges or makes known any tax information obtained hereunder shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the State Revenue Department. Code 92-3216 amended. Section 2. This Act shall become effective immediately upon its approval by the Governor or its otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. DEAD ANIMAL DISPOSAL ACT AMENDED. No. 287 (House Bill No. 607). An Act to amend the Dead Animal Disposal Act approved April 3, 1969 (Ga. L. 1969, p. 1018), so as to delete the provisions of said Act which make the Act applicable only to animals which die with an infectious, contagious or communicable disease or which have been killed because of being infected with an infectious, contagious or communicable disease; 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. The Dead Animal Disposal Act approved April 3, 1969 (Ga. L. 1969, p. 1018), is hereby amended by striking from section 2 the following: which die with an infectious, contagious or communicable disease or which have been killed because of being infected with an infectious, contagious or communicable disease, so that when so amended, section 2 shall read as follows:

Page 570

Section 2. Dead animals defined. Dead animals shall include the carcasses or parts of carcasses of those animals which are considered farm livestock, including poultry and equine; and shall further be defined to include any effluent and/or blood associated with such animals. Section 2. Said Act is further amended by striking from section 3 the following: with an infectious, contagious, or communicable disease or which has been killed because of being infected with or exposed to such a disease, and inserting in lieu thereof the following: or which has been killed, so that when so amended, section 3 shall read as follows: Section 3. Disposition of dead animals. It shall be unlawful for any person caring for, or owning, any animal that has died or which has been killed to abandon said animal including the blood and/or parts thereof on his own land, or upon the land of another, without first having the other's permission for burial or burning as prescribed in this Act, or regulations adopted pursuant to this Act. Arrangements for proper burial or burning must be made with a city or county official to dispose of such animals in a city or county dump. Under no conditions may dead animals be abandoned in wells or open pits of any kind on private or public land. Section 3. Said Act is further amended by striking from section 6 the following: which has died of a highly contagious, infectious or communicable disease, so that when so amended, section 6 shall read as follows: Section 6. Transportation of diseased carcasses. The Commissioner of Agriculture may prohibit, at his discretion,

Page 571

the hauling or transportation of the body, effluent, and/or parts of any animals or poultry and order destruction thereof in accordance with this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. EMPLOYMENT SECURITY LAW AMENDEDCERTAIN FUNDS MADE AVAILABLE, ETC. No. 292 (House Bill No. 669) An Act to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings, or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations to, such real or personal property; to authorize the Commissioner of Labor of Georgia to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish

Page 572

the purposes of this Act; 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. There is hereby appropriated to the Department of Labor out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $380,000. Appropriation. That of said additional amount, the sum of $380,000 is authorized to be allocated for expenses incurred in the administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings, or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs or alterations of and to such real or personal property. Provided, that the amount appropriated herein does not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Section 9 of the Employment Security Law, as amended; and provided that the amount which may be obligated shall not exceed the limitations provided in section 9(c) (3) of the Employment Security Law, as amended; and provided that said additional funds shall not be obligated for expenditure, as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with section 903 of the Social

Page 573

Security Act, as amended, to requisition, and to direct the obligation and expenditure, for use in such cities in this State as he finds to be economical and desirable, such money as authorized in this Act and in sections 9 and 13 of the Employment Security Law, as amended, and in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use by the Employment Security Agency in said Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations to, such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts herein appropriated, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property, and the expenditure of any funds appropriated herein, shall be in accordance with this State's applicable laws existing on the effective date of this Act. Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. 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 13, 1973.

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TRUSTSAUTHORIZED INVESTMENTS CHANGED. Code 108-421 Amended. No. 293 (House Bill No. 678). An Act to amend Code section 108-421, relating to certain authorized investments, so as to provide that certain obligations of farm credit institutions shall constitute valid investments for certain institutions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 108-421, relating to certain authorized investments, is hereby amended by adding after the words Federal Farm Loan Act, the following: , and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971 (Public Law 92-181), so that when so amended, said Code section shall read as follows: 108-421. Investment in farm loan bonds issued by Federal land banks or joint-stock land banks. Farm loan bonds issued by Federal land banks or joint-stock land banks, under an Act of Congress approved July 17, 1916, known as the Federal Farm Loan Act, and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971 (Public Law 92-181), shall be lawful investments for savings bank deposits, for all fiduciary and trust funds, and for the funds of insurance companies and savings and loan associations. Said farm loan bonds shall be accepted as security for all public deposits on the same terms as any bonds for which the faith of the United States is pledged. Code 108-421 amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. MOBILE HOME PERMITSFEES CHANGED. No. 294 (House Bill No. 679). 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 fees for permits; to provide for the annual renewal of permits; to repeal conflicting laws; and for other purposes. 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 subsection (c) of section 3 in its entirety and inserting in lieu thereof 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

Page 576

DISABLED PERSONS LICENSE PLATES ACT. No. 295 (House Bill No. 698). An Act to provide for the issuance of special automobile license plates to certain physically disabled persons; to provide a short title; to provide for the establishment of procedures and promulgation of rules and regulations by the State Revenue Commissioner; to prescribe a special design for said tag; to provide a year in which issuance of such plates shall begin; to set penalties for violations of this Act; to provide this Act is supplemental to other vehicle licensing laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the `Disabled Persons License Plates Act. Section 2. Any owner of a motor vehicle, who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing and payment of fees, and who submits satisfactory proof to the State Revenue Commissioner, or one of his agents, that he has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the State Revenue Commissioner. Section 3. The State Revenue Commissioner is hereby directed to furnish said license plates as provided for herein, which shall bear the official international wheelchair symbol or a reasonable facsimile thereof, or such other symbols as the Commissioner may deem appropriate. Section 4. The State Revenue Commissioner may begin issuing disabled persons license plates for the year 1976. Section 5. (a) Any person who is not a handicapped person as prescribed in this section and who willfully and falsely

Page 577

represents himself as having the qualifications to obtain the special plates prescribed by this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (b) Any person owning a vehicle bearing the special plates and not entitled to do so under the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 6. This law is supplemental to the motor vehicle licensing laws of Georgia, and nothing herein shall be construed as abridging or repealing such laws. Supplemental law. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. SCHOOLSCOUNTY SCHOOL SUPERINTENDENTSBONDS. Code 32-1005 Amended. No. 304 (House Bill No. 707). An Act to amend Code section 32-1005, relating to bonds of county school superintendents, so as to change the provisions relative to sending a copy of such bonds to the State Superintendent of Schools; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-1005, relating to bonds of county school superintendents, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 32-1005 to read as follows:

Page 578

32-1005. Bond. The county school superintendents must give bond with an approved surety company payable to the county board of education, the amount to be decided by the board. Such bond must be filed with the ordinary of the county and a copy recorded on the ordinary's records, and it shall be the duty of the county school superintendent to send a certified copy of such bond to the State Superintendent of Schools, which copy shall be recorded and kept on file at the State Board of Education. Code 32-1005 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. GEORGIA LAND SALES ACT OF 1972 AMENDED. No. 305 (House Bill No. 731). An Act to amend the Georgia Land Sales Act of 1972, approved March 31, 1972 (Ga. L. 1972, p. 638), so as to provide that the provisions of said Act shall apply to subdivided lands which are offered for sale in this State even though such lands are located outside of this State; to provide the procedures connected therewith; to express a legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Land Sales Act of 1972, approved March 31, 1972 (Ga. L. 1972, p. 638), is hereby amended by adding between Sections 23 and 24 a new Section, to be known as section 23A, to read as follows: Section 23A. The provisions of this Act shall apply to subdivided lands which are offered for sale in this State regardless of the fact that such lands may be located outside of this State. However, the provisions of this Act which

Page 579

cannot pertain to such lands which are located outside of this State shall not apply in such cases. Section 2. Nothing in this Act shall be construed as expressing the intention of the General Assembly as to whether out-of-State land was subject to the provisions of the Georgia Land Sales Act of 1972 prior to the effective date of this Act. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. JUVENILE COURT CODE AMENDEDCOMMUNITY REHABILITATION CENTERS PROVIDED. Code Title 24A Amended. No. 306 (House Bill No. 754). An Act to amend Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, so as to provide for the establishment of community rehabilitation centers to assist in the rehabilitation and custodial care of delinquent and unruly children in a neighborhood and family environment; to provide certain requirements for community rehabilitation centers; to allow certain juvenile courts to place a delinquent or unruly child on probation under the supervision of the chief executive officer of a community rehabilitation center; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, is hereby amended by adding at the end of Code section 24A-401, relating to definitions, a new subsection, to be designated subsection (j), to read as follows:

Page 580

(j) `Community Rehabilitation Center' means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent and unruly children in a neighborhood and family environment in cooperation with community education, medical and social agencies and meeting the following requirements: Code 24A-401 amended. (1) located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and (2) operated by a nonprofit corporation organized under the Georgia Nonprofit Corporation Code (Code Chapters 22-21 through 22-40), having a full-time chief executive officer. The charter, bylaws and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the senior judge of the judicial circuit in which such county is located, the judge or judges of the juvenile court, the superintendent of the county school district and the Director of the State Department of Offender Rehabilitation, which approval shall be in writing and appended to the charter and bylaws of such nonprofit organization. Any amendment of the charter or such bylaws of such nonprofit corporation shall be subject to the same written approval as the original charter and bylaws. Section 2. Said Code Title is further amended by adding between the word and symbol child, and the word under, in the next to the last line of subsection (b) of Code section 24A-2302, the following: or the chief executive officer of a community rehabilitation center acknowledging in writing his willingness to accept the responsibility for the supervision of the child,, so that when so amended, subsection (b) shall read as follows: (b) Placing the child on probation under the supervision of the probation officer of the court or the court of another

Page 581

State as provided in section 24A-3003, or any public agency authorized by law to receive and provide care for the child, or the chief executive officer of any community rehabilitation center acknowledging in writing his willingness to accept the responsibility for the supervision of the child, under conditions and limitations the court prescribes. Code 24-2302 amended. 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 13, 1973. GEORGIA YOUTHFUL OFFENDER ACT OF 1972 AMENDEDCOMMUNITY REHABILITATION CENTERS PROVIDED, ETC. No. 307 (House Bill No. 753). An Act to amend an Act entitled the Georgia Youthful Offender Act of 1972 (Ga. L. 1972, p. 592), so as to provide for the establishment of community rehabilitation centers to assist in the rehabilitation and custodial care of youthful offenders in a neighborhood and family environment; to provide certain requirements for community rehabilitation centers; to allow a youthful offender to be placed on probation under the supervision of the chief executive officer of a community rehabilitation center; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Youthful Offender Act of 1972 (Ga. L. 1972, p. 592), is hereby amended by adding at the end of section 2, a new subsection to be designated subsection (h), to read as follows: (h) `Community rehabilitation center' means a rehabilitation

Page 582

and custodial center established within a county for the purpose of assisting in the rehabilitation of youthful offenders in a neighborhood and family environment in cooperation with community educational, medical and social agencies and meeting the requirements set forth in Code Section 24A-401 of the Juvenile Court Code of Georgia (Ga. L. 1971, p. 709), as amended. Defined. Section 2. Said Act is further amended by adding between the word discharge and the symbol and words ; the period in subsection (a) of section 15, the following: or to the custody of the chief executive officer of a community rehabilitation center acknowledging in writing his willingness to accept the responsibility of the supervision of the child, so that when so amended said subsection (a) shall read as follows: (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 or to the custody of the chief executive officer of a community rehabilitation center acknowledging in writing his willingness to accept the responsibility of the supervision of the child; 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. 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 13, 1973.

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MOTOR VEHICLESVOLUNTEER FIREMEN AUTHORIZED TO USE REVOLVING RED LIGHTS. No. 310 (House Bill No. 782). An Act to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, approved April 6, 1972 (Ga. L. 1972, p. 1092), so as to authorize volunteer firemen to operate certified emergency private motor vehicles with flashing or revolving red lights; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, approved April 6, 1972 (Ga. L. 1972, p. 1092), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. It shall be unlawful for any person, firm or corporation to operate any motor vehicle with flashing or revolving red lights, except motor vehicles belonging to any fire department, certified emergency private motor vehicles belonging to volunteer firemen, ambulances and motor vehicles belonging to a public utility corporation which have been designated by the Department of Public Safety as an emergency vehicle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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COBB JUDICIAL CIRCUITCOURT REPORTERSASSISTANT DISTRICT ATTORNEYS. No. 311 (House Bill No. 794). An Act to amend an Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 115), an Act approved April 2, 1963 (Ga. L. 1963, p. 297), an Act approved March 31, 1965 (Ga. L. 1965, p. 407), and an Act approved April 15, 1969 (Ga. L. 1969, p. 414), so as to authorize the judges of said judicial circuit to employ full-time official court reporters and fix their compensation for their attendance upon the said superior courts and for the taking down of criminal felony cases; to provide definite and uniform compensation to be paid to court reporters for the preparation of criminal and civil transcripts in the said superior courts; to provide the procedures connected with the foregoing; to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 399), so as to change the provisions relating to the appointment of assistant district attorneys of said circuit; to change the salary provisions relating to the assistant district attorneys; 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 an additional judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 115), an Act approved April 2, 1963 (Ga. L. 1963, p. 297), an Act approved March 31, 1965 (Ga. L. 1965, p. 407), and an Act approved April 15, 1969 (Ga. L. 1969, p. 414), is hereby amended by striking sections 9, 9(a), 9(b) and 9(c) in their entirety and substituting in lieu thereof a new section 9 to read as follows:

Page 585

Section 9. The judges of the Superior Court of the Cobb Judicial Circuit are hereby authorized to employ an official court reporter for each judge. The compensation for each official court reporter is hereby fixed at $9,600.00 per annum. Such compensation shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of Cobb County in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the county comprising the Cobb Judicial Circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal felony cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit. Court reporters. (a) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for preparation of criminal trial transcripts in the superior courts, and in the state courts of said county; said compensation shall be paid by the authority having charge of the fiscal affairs of Cobb County upon the order of the presiding judges of said circuit: For each legal page 8[Prime] [times] 14[Prime] and having thereon at least 23 lines, the sum of sixty (60) cents per page for each transcript copy required by law under Code section 6-805 (Ga. L. 1965, p. 18, as amended, and subsequent amendments); and the further sum of thirty (30) cents per page for each additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any state or county officer, the copy shall be furnished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without expense. (b) That the official court reporters of the superior courts of said circuit shall be paid the following compensation for preparation of civil trial transcripts in the superior courts, and in the state courts of Cobb County:

Page 586

The rate to be paid to court reporters by parties litigant for civil cases shall not exceed twenty (20) cents per 100 words for take-down, and for each legal page 8[Prime] [times] 14[Prime] and having thereon at least 23 lines, the sum of fifty-five (55) cents per page for each transcript copy of the proceedings and evidence, as required by an appellant. Any additional copy or copies of the appellant's transcript which may be ordered by an appellant, appellee or any other person, shall not exceed the rate of thirty (30) cents per page of each transcript. (c) That in all transcripts covered by this Act, an exhibit page shall be compensated at the same rate as the transcript pages, or the actual cost of reproducing each exhibit, whichever is the greater, regardless of the number of lines involved, provided the cost of reproducing an exhibit, whether by written description, photostatic or photographic reproduction, or otherwise, shall be borne by the court reporter. Section 2. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 399), is hereby amended by striking section 4B in its entirety and inserting in lieu thereof a new section 4B to read as follows: Section 4B. The district attorney is hereby authorized to appoint in addition to those assistant district attorneys otherwise provided by law, two full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his duties. All 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. All assistant district attorneys 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 $18,000.00. The exact amount of said compensation

Page 587

shall be determined by the district attorney of the Cobb Judicial Circuit. Said sums shall 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. Asst. District Attorneys. Notwithstanding any other provisions of this Section, the governing authority of Cobb County shall be authorized to provide for additional assistant district attorneys to assist the district attorney in carrying out the duties of his office. Section 3. Section 2 of this Act shall become effective on January 1, 1974. The other provisions of this Act shall become effective upon their approval by the Governor or upon their otherwise becoming law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, so as to provide for an additional court reporter and such court reporter's duties and compensation, and for other purposes. This 27th day of Dec. 1972. Representatives Georgia H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss
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Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Senators Joe L. Thompson J. H. Henderson, Jr. Tom Moore 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 21st 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: December 29, 1972 January 5, 12, 1973. /s/ George H. Kreeger Representative, 21st District. Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 13, 1973. REVENUE BOND LAW AMENDEDCERTAIN DEFINITION EXPANDED. No. 312 (House Bill No. 808). An Act to amend an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, so as to expand the definition of undertaking

Page 589

to include systems, plants, works, instrumentalities and properties used or useful in connection with the collection, treatment, reuse or disposal of solid waste; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, is hereby amended by adding at the end of paragraph (3) of subsection (a) of section 2 the following: and (iii) used or useful in connection with the collection, treatment, reuse or disposal of solid waste, so that when so amended, paragraph (3) of subsection (a) of section 2 shall read as follows: (3) Systems, plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment and (iii) used or useful in connection with the collection, treatment, reuse or disposal of solid waste. 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 13, 1973.

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AGE OF MAJORITY ACT AMENDED. No. 313 (House Bill No. 812). An Act to amend an Act relating to the change of the age of majority in this State, approved March 10, 1972 (Ga. L. 1972, p. 193), so as to provide for the construction and clarification of the Act changing the age of majority relative to an Act known as The Georgia Gift to Minors Act, approved March 9, 1955 (Ga. L. 1955, p. 592), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 98), an Act approved March 7, 1960 (Ga. L. 1960, p. 232), and by an Act approved February 25, 1969 (Ga. L. 1969, p. 24); to provide for the construction and clarification of the Act changing the age of majority relative to guardianships of the person or property for minors under the provisions of Code Title 49; to provide for all 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. An Act to change the age of majority in this State, approved March 10, 1972 (Ga. L. 1972, p. 193), is hereby amended by striking section 10 of the said Act in its entirety and inserting in lieu thereof a new section to read as follows: 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

Page 591

general law relative to the required age to qualify for holding public office; nor shall anything in this Act be construed to change the definition of a minor or of an adult as defined in `The Georgia Gift to Minors Act' for the purposes of that Act; nor shall anything in this Act 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, except that any guardianship of the person or property of a minor under the provisions of Code Title 49, whether such guardianship was created by a court order or decree entered before or after the effective date of this Act or under the Will of a testator which was executed after the effective date of this Act, shall terminate when the ward for whom such guardianship was created reaches 18 years of age. Section 2. It is intended by this enactment construing the Act changing the age of majority relative to The Georgia Gift to Minors Act and guardianships of the person and property for a minor under Code Title 49 to clarify existing law relating to such subject matter, and the passage of this provision construing the Act changing the age of majority relative to The Georgia Gift to Minors Act and guardianships of the person and property for a minor under Code Title 49 shall not imply that existing law is otherwise than herein provided for. 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 13, 1973.

Page 592

CLAYTON JUDICIAL CIRCUITCOURT REPORTERS. No. 314 (House Bill No. 823). An Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, so as to authorize the judges of said judicial circuit to employ three full-time official court reporters; 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 a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, is hereby amended by adding a new section, immediately following section 1, to be designated section 1A, to read as follows: Section 1A. The judges of the Superior Court of the Clayton Judicial Circuit are hereby authorized to employ three official full-time court reporters. The chief judge shall designate one of such court reporters to serve in and be available to the State Court of Clayton County without additional compensation; provided, however, he shall be entitled to such additional compensation as provided by law in civil and misdemeanor criminal cases. Court reporters. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the official court

Page 593

reporters of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, so as to provide for an additional court reporter; to provide an effective date; and for other purposes. This 17th day of Jan., 1973. Terrell Starr Senator, 44th District William J. Lee Representative, 68th District Lamar D. Northcutt Representative, 68th District Frank I. Bailey, Jr. Representative, 68th District Rudolph Johnson Representative, 68th District This is to certify that Notice of Intention to Introduce Local Legislation re: a bill to amend an Act providing a salary for the official court reporters of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, so as to provide for an additional court reporter; to provide an effective date; and for other purposes, as shown in attached newspaper cutting was published in News/Daily, the county legal organ, January 23, 30 February 6, 1973. /s/ Jim Wood Publisher Sworn to and subscribed before me, this the 6th day of February, 1973. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large. My Commission Expires Sept. 17, 1974. (Seal). Approved April 13, 1973.

Page 594

CERTAIN COUNTIESBURIAL OF PAUPERSEXPENSES INCREASED. (56,00060,000). Code 23-2304 Amended. No. 317 (House Bill No. 839). An Act to amend Code section 23-2304, relating to burial of paupers, as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 616), and an Act approved April 3, 1972 (Ga. L. 1972, p. 971), so as to increase the maximum allowable burial expenses for paupers in certain counties; to provide for the reduction of the amount for burial expenses by an amount equal to any funds payable from other sources for the internment of the pauper; 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 paupers, as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 616), and an Act approved April 3, 1972 (Ga. L. 1972, p. 971), is hereby amended by adding at the end of said Code section a new paragraph, to read as follows: Provided, however, in all counties of this State having a population of not less than 56,000 nor more than 60,000 according to the United States Decennial Census of 1970, or any future such census, the sum to be made available by the county for a pauper's burial shall be not less than $75.00 and not more than $200.00. The exact amount shall be determined by the governing authority of said counties and such amount shall be reduced in an amount equal to any funds paid from other sources for the internment of the pauper. Code 23-2304 amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

Page 595

MOTOR VEHICLESMOTORIZED CART DEFINED, ETC. Code Chapter 68-1 Amended. No. 318 (House Bill No. 848). An Act to amend Code Chapter 68-1, relating to licenses, registration and operation of motor vehicles, as amended, so as to add a new Code section 68-101.1 defining the term motorized cart; to amend Code Section 68-201, relating to registration and license of motor vehicles and chauffeurs, as amended, so as to exempt motorized carts from registration and licensing under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 68-1, relating to licenses, registration and operation of motor vehicles, as amended, is hereby amended by adding to said Code Chapter after Code section 68-101 a new section to be designated Code section 68-101.1, to read as follows: 68-101.1 For the purpose of this law a `motorized cart' is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 20 miles per hour and designed to carry not more than two persons, including the driver. Code 68-101.1 enacted. Section 2 . Code section 68-201, relating to registration and license of motor vehicles and chauffeurs, as amended, is hereby amended by striking Code section 68-201 in its entirety and substituting in lieu thereof a new Code section 68-201 to read as follows: 68-201. Every owner of a motor vehicle, trailer, tractor (except tractors used only for agricultural purposes) or motorcycle shall, on or before the first day of April in each year, before he shall operate such motor vehicle, tractor,

Page 596

trailer or motorcycle, or within seven days following the purchase of a new or unregistered motor vehicle, trailer, tractor (except tractors used only for agricultural purposes), or motorcycle, register such vehicle in the office of the State Revenue Commissioner, and obtain a license to operate the same for the ensuing year; and every chauffeur employed to operate motor vehicles shall likewise register and obtain a license as hereinafter provided: Provided, that on and after the second day of April in each year the owner of an automobile, truck or trailer, registered for the previous year, who shall have failed to comply with the provisions of this Section, shall be deemed and held to be a delinquent under the provisions of this Section, and the registration of such automobile, truck or trailer shall, on said second day of April and thereafter, be subject to a penalty of 25 percent of the registration fee for said automobile, truck or trailer in addition to the fee herein provided; and all applications made to the State Revenue Commissioner for the registration of said delinquent automobile, truck or trailer shall, before being accepted by the State Revenue Commissioner, be first indorsed by the sheriff or a deputy sheriff, chief of police, or his designated representative, or by a State highway patrolman or by a State motor vehicle license inspector; and for said indorsement the officer making said indorsement shall first receive from the applicant the sum of $1, and the officer indorsing such delinquent application shall indicate, with his indorsement on said application, the total amount of the prescribed registration fee together with the 25 percent penalty herein provided, and the full total of such amount shall be remitted or paid to the State Revenue Commissioner before any license tag or serial numbers as provided for in this Chapter shall be assigned to said applicant: Provided, further, that the purpose of this provision being the better and more complete enforcement of the motor vehicle law, all such penalties as are herein assessed shall be accredited in the office of the State Revenue Commissioner when received in the name of the officer making the indorsement without regard to the residence of the applicant, whether the same are received through the exercise of their authorities as an arresting officer or whether through appearance of the applicant at their offices

Page 597

for proper indorsement on an application; and between the first and fifth days of each calendar month the State Revenue Commissioner shall remit to the respective officers the full amount of such penalties accredited to such officers during and for the preceding calendar month: Provided, in all counties and cities of 135,000 or more according to 1950 and future census the full amount of all penalties collected in such counties shall be remitted to the fiscal authorities of such counties and cities: Provided, however, all sums accredited to State highway patrolmen and motor vehicle license inspectors shall be paid to the State treasury, and it shall be expressly understood and provided that the penalty herein levied and designated shall be in lieu of and stand in the place of any and all other penalties for delinquency in the registration provided for in this Section on or before the first day of April in each year: Provided, however, that upon the failure of said officers in any county to enforce the provisions of this Section, the State Revenue Commissioner shall have the right to employ an inspector in such county, at not more than $4 a day and actual expenses to be itemized and sworn to, who shall be impowered to perform the duties herein set out as to the officers named herein, and the person so appointed shall be paid his compensation and expenses from the penalties provided for in this Section: Provided, further, that the provisions of this Section shall not apply to motor vehicles, trailers, tractors or motorcycles owned by the State of Georgia or any municipality or other political subdivision of this State and used exclusively for governmental functions: Provided, further that the provisions of this Section shall not apply to any four-wheel trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination: Provided, further, that the provisions of this Section shall not apply to a motorized cart as defined by Code section 68-101.1 of this Code Title. Code 68-201 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

Page 598

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDMOTORIZED CARTS MAY BE AUTHORIZED ON DESIGNATED STREETS, ETC. No. 319 (House Bill No. 849). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 12, 1965 (Ga. L. 1965, p. 188), so as to define the term motorized cart; to authorize local governing authorities to designate certain public streets for use by motorized carts during certain hours and to provide for regulations for the use by such motorized carts of such public streets so designated; to exempt motorized carts from motor vehicle inspection requirements; to exempt motorized carts from motor vehicle equipment requirements; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 12, 1965 (Ga. L. 1965, p. 188), is hereby amended by inserting at the end of section 2 a new subsection to be designated subsection (g), to read as follows: (g) Motorized cart. Every motor vehicle having no less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 20 miles per hour and designed to carry not more than two persons, including the driver. Motorized cart defined. Section 2. Said Act is further amended by inserting between

Page 599

sections 29 and 30 a new Section to be designated section 29A, to read as follows: Section 29A. If a local governing authority finds that a public street located within its territorial boundaries and under its jurisdiction is designed and constructed so as to safely permit the use thereof of regular vehicular traffic and also the driving of motorized carts thereon, the local governing authority may by ordinance designate such public street or any portion thereof for such combined use and prescribe regulations therefor which shall have the force of law. Upon such designation becoming effective it shall be lawful to drive motorized carts upon such public streets in accordance with the regulations prescribed as aforesaid; provided, however, such motorized carts may be operated on such streets only during daylight hours, unless such motorized carts are equipped in accordance with the requirements of Sections 103 through 108 of this Act. Such regulations may establish speed limits and other operating standards but shall not require that the motorized carts conform to any requirements of general law with respect to inspection, equipment, registration, or licensing. Such regulations shall prescribe, however, that such motorized carts may cross streets or highways under the jurisdiction of the Department of Transportation ony at crossings or intersections designated for that purpose by the Department of Transportation. The regulations shall not be effective until appropriate signs giving notice thereof are posted along the public streets affected. Streets may be designated. Section 3. Said Act is further amended by inserting in subsection (c) of section 102 after the first sentence the following sentence: The provisions of this article with respect to equipment on vehicles shall not apply to motorized carts, as defined by subsection (g) of section 2 of this Act, except as otherwise provided by section 29A of this Act., so that when so amended said subsection shall read as follows:

Page 600

(c) The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandary, road machinery, road rollers, or farm tractors except as herein made applicable. The provisions of this article with respect to equipment on vehicles shall not apply to motorized carts, as defined by subsection (g) of section 2 of this Act, except as otherwise provided by section 29A of this Act. Every farm tractor equipped with an electric lighting system shall at all times mentioned in section 103 display a red tail light and either a multiple beam or single beam road lighting equipment meeting the requirements of sections 106 and 113 respectively. Exemptions. Section 4. Said Act, as amended, particularly by an Act approved March 12, 1965 (Ga. L. 1965, p. 188), is hereby amended by adding at the end of the first paragraph of subsection (a) of section 126 the following: Provided, however, motorized carts, as defined by subsection (g) of section 2 of this Act shall not be subject to the provisions of this section, except as otherwise provided by section 29A of this Act., so that when so amended the first paragraph of subsection (a) shall read as follows: (a) The director shall once each year require that every motor vehicle, trailer and semi-trailer registered in this State be inspected and that an official certificate of inspection and approval be obtained for each such vehicle. Provided, however, those trailers or semi-trailers which are built upon a chassis and are designed to be used as a dwelling without a permanent foundation and which exceed a width of 8 feet and a length of 29 feet or a gross weight of 4,500 pounds shall not be subject to the provisions of this section. Provided, however, motorized carts, as defined by subsection (g) of section 2 of this Act shall not be subject to the provisions of this section, except as otherwise provided by section 29A of this Act.

Page 601

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CORDELE JUDICIAL CIRCUITTERMS CHANGED. No. 320 (House Bill No. 850). An Act to fix the terms of the Superior Courts of the Cordele Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of the Superior Courts of the Cordele Judicial Circuit shall commence as follows: Ben Hill Superior Court 2nd and 3rd Mondays in January; 1st and 2nd Mondays in April; 2nd and 3rd Mondays in July; 1st and 2nd Mondays in October. Crisp Superior Court 4th Monday in January and Monday following; 3rd and 4th Mondays in April; 4th Monday in July and Monday following: 3rd and 4th Mondays in October. Dooly Superior Court 3rd and 4th Mondays in February; 2nd and 3rd Mondays in May; 2nd and 3rd Mondays in August; 2nd and 3rd Mondays in November.

Page 602

Wilcox Superior Court 1st and 2nd Mondays in March; 4th Monday in June and Monday following; 4th Monday in November and Monday following. Section 2. This Act shall become effective July 1, 1973. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CORDELE JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER CHANGED, ETC. No. 321 (House Bill No. 851). An Act to amend an Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, approved February 8, 1955 (Ga. L. 1955, p. 160), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 657), so as to change the compensation of the official court reporter; to authorize the judge, with the approval of the county commissioners or other authority having control of county matters in the several counties composing the Cordele Judicial Circuit, to employ a typist or typists to assist the official court reporter; to authorize the judge, with the approval of the county commissioners or other authority having control of county matters in the several counties composing the Cordele Judicial Circuit, to furnish the official court reporter and typist or typists with office space, telephone, furniture, office equipment and supplies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the official court reporter of the Cordele Judicial Circuit on an annual salary, approved

Page 603

February 8, 1955 (Ga. L. 1955, p. 160), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 657), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. (a) The salary of the official court reporter of the Cordele Judicial Circuit shall be the sum of $7,200.00 per annum, which shall be paid out of the general treasury of each one of the various counties composing said Judicial Circuit on the following basis: Salary. Ben Hill County $2,160.00 Crisp County 2,160.00 Dooly County 1,620.00 Wilcox County 1,260.00 It shall be, and is hereby made, the duty of the county commissioners or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said official court reporter monthly in each year out of the funds of said counties, and upon the regular county warrants issued therefor; and it is the further duty of said county commissioners or other county authority having control of county matters, to make provisions annually when levying and collecting taxes for expenses of their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $7,200.00 shall be in full payment for all services of said official court reporter in reporting and transcribing felony cases tried in the superior courts of said counties and for services rendered in the attendance, reporting and transcribing of commitment proceedings, revocation proceedings and pleas of guilty in the superior courts of said counties and for services rendered in the attendance, reporting and transcribing of juvenile matters in the juvenile courts of said counties.

Page 604

(b) The judge of said courts of said circuit shall have the power, with the approval of the county commissioners or other authority having control of county matters in said counties, to employ a typist or typists as he may deem necessary or proper to aid in transcribing the proceedings of said courts of said circuit in criminal matters and in juvenile matters, and the compensation of such typist or typists is hereby declared to be an expense of court and payable out of said counties' treasuries as such. Upon request of the judge of said courts of said circuit, the county commissioners or other authority having control of county matters in said counties, are hereby authorized to furnish the official court reporter and said typist or typists such office space, telephone, furniture, office equipment and supplies as may be necessary to the proper functioning of such office, and the expenses therefor are hereby declared to be an expense of court and payable out of the said counties' treasuries as such. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the official court reporter of the Cordele Judicial Circuit, approved February 8, 1955 (Ga. L. 1955, p. 160) as amended, so as to change the salary of the official court reporter of the Cordele Judicial Circuit; to provide typist, equipment and supplies; and for other purposes. This the 22nd day of January, 1973. Howard H. Rainey Representative, 115th District
Page 605

A. B. C. Dorminy, Jr., Representative, 115th District Ted Hughes Representative, 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: January 25, February 1, 8, 1973. /s/ Howard H. Rainey Representative, 115th District Sworn to and subscribed before me this 19 day of February 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the official court reporter of the Cordele Judicial Circuit, approved February 8, 1955, (Ga. L. 1955, p. 160) as amended, so as to change the salary of the official court reporter of the Cordele Judicial Circuit; to provide typist, equipment and supplies; and for other purposes.

Page 606

This the 22nd day of January, 1973. Howard H. Rainey Representative, 115th District A. B. C. Dorminy, Jr., Representative, 115th District Ted Hughes Representative, 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News which is the official organ of Dooly County, on the following dates: January 25, February 1, 8, 1973. /s/ Howard H. Rainey Representative, 115th District Sworn to and subscribed before me this 19 day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the official

Page 607

court reporter of the Cordele Judicial Circuit, approved February 8, 1955 (Ga. L. 1955, p. 160) as amended, so as to change the salary of the official court reporter of the Cordele Judicial Circuit; to provide typist, equipment and supplies; and for other purposes. This the 22nd day of January, 1973. Ben Jessup, Representative, 102nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Wilcox County, on the following dates: January 25, February 1, 8, 1973. /s/ Howard H. Rainey Representative, 115th District Sworn to and subscribed before me this 19 day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the official court reporter of the Cordele Judicial Circuit, approved February 8, 1955 (Ga. L. 1955, p. 160) as amended, so as

Page 608

to change the salary of the official court reporter of the Cordele Judicial Circuit; to provide typist, equipment and supplies; and for other purposes. This the 22nd day of January, 1973. Howard H. Rainey Representative, 115th District A. B. C. Dorminy, Jr., Representative, 115th District Ted Hughes Representative, 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fitzgerald Herald which is the official organ of Ben Hill County, on the following dates: January 25, February 1, 8, 1973. /s/ Howard H. Rainey Representative, 115th District Sworn to and subscribed before me this 19 day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.

Page 609

SUCCESSOR GUARDIANS PROVIDED. Code 49-313 Amended. No. 322 (House Bill No. 862). An Act to amend Code section 49-313, relating to the resignation of guardians, as amended, so as to provide for the appointment of a successor guardian by the ordinary under certain conditions in the event of the death of a duly appointed guardian; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-313, relating to the resignation of guardians, as amended, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows: (c) In the event of the death of a duly appointed guardian, the ordinary shall have the discretionary authority to appoint a successor guardian. The ordinary shall notify the nearest of kin of the ward to appear before him at the next term of court, and if the ordinary is satisfied that the appointment of a successor guardian will not be detrimental to the best interests of the ward, and no good cause shall be shown against it, he shall be authorized to enter an order appointing a successor guardian. The ward shall have the privilege, within five years after he becomes of age or his disabilities are removed, to call for an accounting. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

Page 610

SUCCESSOR GUARDIANS PROVIDED. Code 49-604 Amended. No. 323 (House Bill No. 863). An Act to amend Code section 49-604, relating to the procedure for the appointment of a guardian, as amended, so as to provide that the ordinary of the county may appoint a successor guardian under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-604, relating to the procedure for the appointment of a guardian, as amended, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows: (c) In the event of the death of a duly appointed guardian, the ordinary shall have the discretionary authority to enter an ex parte order appointing a successor guardian if he is satisfied, after a thorough investigation of the circumstances of the mentally ill person and notice to the nearest next of kin of the mentally ill person, that the best interests of the mentally ill person would be protected by the appointment of a successor guardian. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. INTOXICATING LIQUORSACT AMENDEDSALE OF CERTAIN DRINKS, ETC., EXEMPT FROM ACT, ETC. No. 324 (House Bill No. 871). 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.

Page 611

103), as amended, so as to provide that licenses for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall not be subject to the prohibitions of said Act; to provide that licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall be subject to distance regulations by counties and cities as provided in section 31 of said Act; to remove population restrictions upon the sale of distilled spirits by the drink; to provide an effective date; to repeal conflicting laws; and for other purposes. Whereas, the State of Georgia is now the second most popular of the thirteen southern states in travel and tourism; and Whereas, the cities of Georgia have become major travel destinations for domestic and international visitors and convention delegates; and Whereas, the travel and convention industry contributes over $1 billion to the State's economy, and more than $72 million in tax revenue each year and gives jobs to more than 125,000 persons; and Whereas, it is important to provide travelers and convention delegates with the usual conveniences and attractions to which they are accustomed; and Whereas, it is also important that all segments of travel industry in Georgia, in every county and municipality, have equal opportunity to compete in the Georgia travel and convention market; and Whereas, the availability of properly controlled spirituous, malt and vinous beverages by the drink has been a major asset to the growth of Georgia's travel and convention industry, as well as to the general economy of the State; and Whereas, the citizens of each community should have the opportunity to judge the value of the travel and convention

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industry locally, and to thereupon decide which rules and regulations would best serve the community's interest; and Whereas, many local businesses, their employees, their owners and the general economy of each local area of the State depend on the continued health of Georgia's travel and convention industry; and Whereas, the continued economic health and growth of the Georgia travel and convention industry depends on maintaining a strong competitive advantage over other states, regions, and other countries of the world. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking the third paragraph of subsection (c) of section 9 in its entirety and inserting in lieu thereof a new third paragraph of subsection (c) of section 9, to read as follows: Nothing in this Act shall be construed as preventing any municipality or county from adopting all reasonable rules and regulations as may fall within the police powers of such municipalities or counties to regulate any business provided for in this Act. All municipal and county authorities issuing licenses shall within their respective jurisdiction have authority to determine the location of any distillery, wholesale business, or retail business licensed by them. Provided, however, no business licensed under this Act shall be operated within one hundred (100) yards of any church, and two hundred (200) yards of a school ground or college campus, except hotels of fifty (50) rooms or more, which have been in continuous operation for a period of at least five (5) years immediately preceding the passage of this Act. The restrictions as to location herein contained shall not apply to private social clubs, owning their own homes, which have been chartered and in continuous operation for a period of twenty-five

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(25) years prior to the passage of this Act. The school grounds or college campuses referred to in this paragraph shall apply only to State, county, city or church school campuses and to such other schools as teach the subjects commonly taught in the common schools and colleges of this State. The provisions of this Act as to distances from churches, schools and college campuses shall not apply to licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises. Said licensees for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall be subject to regulation as to distances from churches, schools and college campuses by counties and cities as provided in section 31 of this Act. Section 2. Said Act, as amended, is further amended by deleting from section 31 (a) the following words: and which such counties have a population of 40,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census, and any city or municipality in that part of such cities lying within such counties. 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 13, 1973. GEORGIA PROPRIETARY SCHOOL ACT AMENDEDCERTAIN FLIGHT SCHOOLS EXEMPTED FROM ACT, ETC. No. 325 (House Bill No. 898). An Act to amend an Act known as the Georgia Proprietary School Act, approved March 9, 1972 (Ga. L. 1972, p. 156),

Page 614

so as to provide that any flight school which holds a current Federal Air Agency Certificate issued by the Federal Aviation Agency shall be exempt from the provisions of the Act; to change the bond requirements; 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 Proprietary School Act, approved March 9, 1972 (Ga. L. 1972, p. 156), is hereby amended by adding at the end of Section 4, a new paragraph, to be designated paragraph (1), to read as follows: (1) Any flight school which holds a current Federal Air Agency Certificate issued by the Federal Aviation Agency., so that when so amended, section 4 shall read as follows: Section 4. Exemptions. The following schools, educational institutions, training programs or courses of instruction shall be specifically exempt from the provisions of this Act. Exemptions. (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. (d) A school or training program which offers instruction on purely avocational or recreational subjects as determined by the Administrator.

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(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 schools to be outside the purview of this Act. (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.

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(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. (l) Any flight school which holds a current Federal Air Agency Certificate issued by the Federal Aviation Agency. Section 2. Said Act is further amended by striking from subsection (b) of section 14 the word blanket, and by striking therefrom the following: $10,000, and inserting in lieu of such amount the following: $1,000, so that when so amended, subsection (b) shall read as follows: (b) Before a representative may be registered under this Act, a 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 $1,000 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

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liability for any breach of condition occurring after the effective date of said cancellation. Bond. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. INSURANCEINTEREST RATE FOR COMPUTING MINIMUM RESERVES FOR CERTAIN CONTRACTS INCREASED, ETC. Code Title 56 Amended. No. 326 (House Bill No. 800). An Act to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to increase the interest rate for computing the minimum reserves for life insurance and annuity contracts; to provide for modern mortality tables for computing such reserves for annuity contracts; to increase the interest rate for computing the minimum nonforfeiture benefits for life insurance policies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 56 of the Code of Georgia, relating to insurance, as amended, is hereby amended by striking in its entirety subsection (4) of section 56-912, relating to the life insurance standard valuation law, and inserting in lieu thereof a new subsection (4) to read as follows: (4) (a) Except as otherwise provided in paragraph (b), the minimum standard for the valuation of all life insurance policies and annuity or pure endowment contracts issued on or after the operative date of section 56-2504 shall be the Commissioner's Reserve Valuation Method defined in subsection (5) of this section, three and one-half per cent interest, or in the case of policies and contracts, other than

Page 618

annuity and pure endowment contracts, issued on or after the effective date of this amendatory Act of 1973 and prior to January 1, 1986, four per cent interest, and the following tables: Code 56-912 amended. (i) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners' 1958 Standard Ordinary Mortality Table; except, that for any category of such policies issued on female risks modified net premiums and present values, referred to in subsection (5), may be calculated, at the insurer's option and with the Commissioner's approval, according to an age not more than three years younger than the actual age of the insured; (ii) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table: Provided, however, that the Commissioners' 1961 Standard Industrial Mortality Table shall be the table for the minimum standard when said table becomes applicable in accordance with subsection (4) of section 56-2504, as amended. (iii) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the insurer, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the Commissioner. (iv) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the Commissioner, or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts. (v) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables

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of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; for policies or contracts issued prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disability Table (1926). Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance policies. (vi) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; for policies issued prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies. (vii) For group life insurance, life insurance issued on the substandard basis and other special benefits, such tables as may be approved by the Commissioner as being sufficient with relation to the benefits provided by such policies. (b) The minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the operative date of this paragraph (b), as defined herein, and for all annuities and pure endowments purchased on or after such operative date under group annuity and pure endowment contracts, shall be the Commissioners Reserve Valuation Method defined in subsection (5) of this section and the following tables and interest rates: (i) For individual annuity and pure endowment contracts issued prior to January 1, 1986, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of this table approved by the Commissioner, and six per cent interest for single premium immediate annuity contracts, and four per cent interest for all other individual annuity and pure endowment contracts. (ii) For individual annuity and pure endowment contracts

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issued on or after January 1, 1986, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of this table approved by the Commissioner, and three and one-half per cent interest. (iii) For all annuities and pure endowments purchased prior to January 1, 1986, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of this table approved by the Commissioner, and six per cent interest. (iv) For all annuities and pure endowments purchased on or after January 1, 1986, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of this table approved by the Commissioner, and three and one-half per cent interest. After the effective date of this amendatory Act of 1973, any insurer may file with the Commissioner a written notice of its election to comply with the provisions of this paragraph (b) after a specified date before January 1, 1979, which shall be the operative date of this paragraph for such insurer, provided that an insurer may elect a different operative date for individual annuity and pure endowment contracts from that elected for group annuity and pure endowment contracts. If an insurer makes no such election, the operative date of this paragraph for such insurer shall be January 1, 1979. Section 2. Said Title is further amended by striking in its entirety the last paragraph of subsection (4) of Code section 56-2504, relating to nonforfeiture provision for life insurance policies, and inserting in lieu thereof a new paragraph, to read as follows: All adjusted premiums and present values referred to in this section shall for all policies of ordinary insurance be calculated

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on the basis of the Commissioners 1958 Standard Ordinary Mortality Table, provided that for any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than three years younger than the actual age of the insured. Such calculations for all policies of industrial insurance shall be made on the basis of the 1941 Standard Industrial Table: Provided, however, that any insurer may file with the Commissioner a written notice of its election that such adjusted premiums and present values shall be calculated on the basis of the Commissioners' 1961 Standard Industrial Mortality Table after a specified date before January 1, 1968, and, whether or not any election has been made, such calculations for all policies of industrial insurance issued on or after January 1, 1968 shall be made on the basis of the Commissioners' 1961 Standard Industrial Mortality Table. All calculations shall be made on the basis of the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits provided that such rate of interest shall not exceed three and one-half per cent per annum except that a rate of interest not exceeding four per cent per annum may be used for policies issued on or after the effective date of this amendatory Act of 1973 and prior to January 1, 1986: Provided, however, that in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed, in the case of ordinary policies, may not be more than those shown in the Commissioners' 1958 Extended Term Insurance Table, and, in the case of industrial policies, may not be more than 130 per cent of the rates of mortality according to the 1941 Standard Industrial Mortality Table except that when the Commissioners' 1961 Standard Industrial Mortality Table becomes applicable as hereinbefore provided, such rates of mortality assumed may be not more than those shown in the Commissioners' 1961 Industrial Extended Term Insurance Table: Provided, further, that for insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on such other table of mortality as may

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be specified by the insurer and approved by the Commissioner. Code 56-2504 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. SOUTHERN GROWTH POLICIES AGREEMENT ACT. No. 327 (House Bill No. 909). An Act to provide that the State of Georgia shall be a party to the Southern Growth Policies Agreement; to enact said agreement into law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Southern Growth Policies Agreement is hereby enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms. The Agreement is substantially as follows: SOUTHERN GROWTH POLICIES AGREEMENT Article I. Findings and Purposes. (a) The party states find that the South has a sense of community based on common social, cultural and economic needs and fostered by a regional tradition. There are vast potentialities for mutual improvement of each state in the region by cooperative planning for the development, conservation and efficient utilization of human and natural resources in a geographic area large enough to afford a high degree of flexibility in identifying and taking maximum advantage of opportunities for healthy and beneficial growth. The independence of each state and the special needs of subregions are recognized and are to be safeguarded. Accordingly,

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the cooperation resulting from this Agreement is intended to assist the states in meeting their own problems by enhancing their abilities to recognize and analyze regional opportunities and take account of regional influences in planning and implementing their public policies. (b) The purposes of this Agreement are to provide: 1. Improved facilities and procedures for study, analysis and planning of governmental policies, programs and activities of regional significance. 2. Assistance in the prevention of interstate conflicts and the promotion of regional cooperation. 3. Mechanisms for the coordination of state and local interests on a regional basis. 4. An agency to assist the states in accomplishing the foregoing. Article II. The Board. (a) There is hereby created the Southern Growth Policies Board, hereinafter called the Board. (b) The Board shall consist of five members from each party state, as follows: 1. The Governor. 2. Two members of the State Legislature, one appointed by the presiding officer of each house of the Legislature or in such other manner as the Legislature may provide. 3. Two residents of the state who shall be appointed by the Governor to serve at his pleasure. (c) In making appointments pursuant to paragraph (b) 3, a Governor shall, to the greatest extent practicable, select persons who, along with the other members serving pursuant

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to paragraph (b), will make the state's representation on the Board broadly representative of the several socioeconomic elements within this state. (d) 1. A Governor may be represented by an alternate with power to act in his place and stead, if notice of the designation of such alternate is given to the Board in such manner as its Bylaws may provide. 2. A legislative member of the Board may be represented by an alternate with power to act in his place and stead, unless the laws of his state prohibit such representation and if notice of the designation of such alternate is given to the Board in such manner as its Bylaws may provide. An alternate for a legislative member of the Board shall be selected by the member from among the members of the legislative house in which he serves. 3. A member of the Board serving pursuant to paragraph (b) 3 of this Article may be represented by another resident of his state who may participate in his place and stead, except that he shall not vote: provided that notice of the identity and designation of the representative selected by the member is given to the Board in such manner as its Bylaws may provide. Article III. Powers. (a) The Board shall prepare and keep current a Statement of Regional Objectives, including recommended approaches to regional problems. The Statement may also identify projects deemed by the Board to be of regional significance. The Statement shall be available in its initial form two years from the effective date of this Agreement and shall be amended or revised no less frequently than once every six years. The Statement shall be in such detail as the Board may prescribe. Amendments, revisions, supplements or evaluations may be transmitted at any time. An annual Commentary on the Statement shall be submitted at a regular time to be determined by the Board. (b) In addition to powers conferred on the Board elsewhere

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in this Agreement, the Board shall have the power to make or commission studies, investigations and recommendations with respect to: 1. The planning and programming of projects of interstate or regional significance. 2. Planning and scheduling of governmental services and programs which would be of assistance to the orderly growth and prosperity of the region, and to the well-being of its population. 3. Effective utilization of such federal assistance as may be available on a regional basis or as may have an interstate or regional impact. 4. Measures for influencing population distribution, land use, development of new communities and redevelopment of existing ones. 5. Transportation patterns and systems of interstate and regional significance. 6. Improved utilization of human and natural resources for the advancement of the region as a whole. 7. Any other matters of a planning, data collection or informational character that the Board may determine to be of value to the party states. Article IV. Avoidance of Duplication. (a) To avoid duplication of effort and in the interest of economy, the Board shall make use of existing studies, surveys, plans and data and other materials in the possession of the governmental agencies of the party states and their respective subdivisions or in the possession of other interstate agencies. Each such agency, within available appropriations and if not expressly prevented or limited by law, is hereby authorized to make such materials available to the Board and to otherwise assist it in the performance

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of its functions. At the request of the Board, each such agency is further authorized to provide information regarding plans and programs affecting the region, or any subarea thereof, so that the Board may have available to it current information with respect thereto. (b) The Board shall use qualified public and private agencies to make investigations and conduct research, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigation and conduct its own research. The Board may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations or original research within its purview. (c) In general, the policy of paragraph (b) of this Article shall apply to the activities of the Board relating to its Statement of Regional Objectives, but nothing herein shall be construed to require the Board to rely on the services of other persons or agencies in developing the Statement of Regional Objectives or any amendment, supplement or revision thereof. Article V. Advisory Committee. The Board shall establish a Local Governments Advisory Committee. In addition, the Board may establish advisory committees representative of subregions of the South, civic and community interests, industry, agriculture, labor or other categories or any combinations thereof. Unless the laws of a party state contain a contrary requirement, any public official of the party state or a subdivision thereof may serve on an advisory committee established pursuant hereto and such service may be considered as a duty of his regular office or employment. Article VI. Internal Management of the Board. (a) The members of the Board shall be entitled to one vote each. No action of the Board shall be binding unless taken at a meeting at which a majority of the total number

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of votes on the Board are cast in favor thereof. Action of the Board shall be only at a meeting at which a majority of the members or their alternates are present. The Board shall meet at least once a year. In its Bylaws, and subject to such directions and limitations as may be contained therein, the Board may delegate the exercise of any of its powers relating to internal administration and management to an Executive Committee or the Executive Director. In no event shall any such delegation include final approval of: 1. A budget or appropriation request. 2. The Statement of Regional Objectives or any amendment, supplement or revision thereof. 3. Official comments on or recommendations with respect to projects of interstate or regional significance. 4. The annual report. (b) To assist in the expeditious conduct of its business when the full Board is not meeting, the Board shall elect an Executive Committee of not to exceed seventeen members, including at least one member from each party state. The Executive Committee, subject to the provisions of this Agreement and consistent with the policies of the Board, shall be constituted and function as provided in the Bylaws of the Board. One half of the membership of the Executive Committee shall consist of Governors, and the remainder shall consist of other members of the Board, except that at any time when there is an odd number of members on the Executive Committee, the number of Governors shall be one less than half of the total membership. The members of the Executive Committee shall serve for terms of two years, except that members elected to the first Executive Committee shall be elected as follows: one less than half of the membership for two years and the remainder for one year. The Chairman, Chairman-Elect, Vice Chairman and Treasurer of the Board shall be members of the Executive Committee and anything in this paragraph to the contrary notwithstanding shall serve during their continuance in

Page 628

these offices. Vacancies in the Executive Committee shall not affect its authority to act, but the Board at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. (c) The Board shall have a seal. (d) The Board shall elect, from among its members, a Chairman, a Chairman-Elect, a Vice Chairman and a Treasurer. Elections shall be annual. The Chairman-Elect shall succeed to the office of Chairman for the year following his service as Chairman-Elect. For purposes of the election and service of officers of the Board, the year shall be deemed to commence at the conclusion of the annual meeting of the Board and terminate at the conclusion of the next annual meeting thereof. The Board shall provide for the appointment of an Executive Director. Such Executive Director shall serve at the pleasure of the Board, and together with the Treasurer and such other personnel as the Board may deem appropriate shall be bonded in such amounts as the Board shall determine. The Executive Director shall be Secretary. (e) The Executive Director, subject to the policy set forth in this Agreement and any applicable directions given by the Board, may make contracts on behalf of the Board. (f) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the Executive Director, subject to the approval of the Board, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Board, and shall fix the duties and compensation of such personnel. The Board in its Bylaws shall provide for the personnel policies and programs of the Board. (g) The Board may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions. (h) The Board may accept for any of its purposes and

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functions under this Agreement any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the Board pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this Article shall be reported in the annual report of the Board. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender. (i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein. (j) The Board shall adopt Bylaws for the conduct of its business and shall have the power to amend and rescind these Bylaws. The Board shall publish its Bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (k) The Board annually shall make to the Governor and Legislature of each party state a report covering the activities of the Board for the preceding year. The Board at any time may make such additional reports and transmit such studies as it may deem desirable. (l) The Board may do any other or additional things appropriate to implement powers conferred upon it by this Agreement. Article VII. Finance. (a) The Board shall advise the Governor or designated officer or officers of each party state of its budget of estimated expenditures for such period as may be required by the laws of that party state. Each of the Board's budgets of estimated expenditures shall contain specific recommendations

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of the amount or amounts to be appropriated by each of the party states. (b) The total amount of appropriation requests under any budget shall be apportioned among the party states. Such apportionment shall be in accordance with the following formula: 1. One-third in equal shares, 2. One-third in the proportion that the population of a party state bears to the population of all party states, and, 3. One-third in the proportion that the per capita income in a party state bears to the per capita income in all party states. In implementing this formula, the Board shall employ the most recent authoritative sources of information and shall specify the sources used. (c) The Board shall not pledge the credit of any party state. The Board may meet any of its obligations in whole or in part with funds available to it pursuant to Article VI (h) of this Agreement, provided that the Board takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the Board makes use of funds available to it pursuant to Article VI (h), or borrows pursuant to the allotment of funds by the party states adequate to meet the same. The Board may borrow against anticipated revenues for terms not to exceed two years, but in any such event the credit pledged shall be that of the Board and not of a party state. (d) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established by its Bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant, and the

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report of the audit shall be included in and become part of the annual report of the Board. (e) The accounts of the Board shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the Board. (f) Nothing contained herein shall be construed to prevent Board compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Board. Article VIII. Cooperation With the Federal Government and Other Governmental Entities. Each party state is hereby authorized to participate in cooperative or joint planning undertakings with the Federal Government, and any appropriate agency or agencies thereof, or with any interstate agency or agencies. Such participation shall be at the instance of the Governor or in such manner as state law may provide or authorize. The Board may facilitate the work of state representatives in any joint interstate or cooperative federal-state undertaking authorized by this Article, and each such state shall keep the Board advised of its activities in respect of such undertakings, to the extent that they have interstate or regional significance. Article IX. Subregional Activities. The Board may undertake studies or investigations centering on the problems of one or more selected subareas within the region: provided that in its judgment, such studies or investigations will have value as demonstrations for similar or other areas within the region. If a study or investigation that would be of primary benefit to a given state, unit of local government, or intrastate or interstate area is proposed, and if the Board finds that it is not justified in undertaking the work for its regional value as a demonstration, the Board may undertake the study or investigation as a special project. In any such event, it shall be a condition

Page 632

precedent that satisfactory financing and personnel arrangements be concluded to assure that the party or parties benefited bear all costs which the Board determines that it would be inequitable for it to assume. Prior to undertaking any study or investigation pursuant to this Article as a special project, the Board shall make reasonable efforts to secure the undertaking of the work by another responsible public or private entity in accordance with the policy set forth in Article IV (b). Article X. Comprehensive Land Use Planning. If any two or more contiguous party states desire to prepare a single or consolidated comprehensive land use plan, or a land use plan for any interstate area lying partly within each such state, the Governors of the states involved may designate the Board as their joint agency for the purpose. The Board shall accept such designation and carry out such responsibility: provided that the states involved make arrangements satisfactory to the Board to reimburse it or otherwise provide the resources with which the land use plan is to be prepared. Nothing contained in this Article shall be construed to deny the availability for use in the preparation of any such plan of data and information already in the possession of the Board or to require payment on account of the use thereof in addition to payments otherwise required to be made pursuant to other provisions of this Agreement. Article XI. Compacts and Agencies Unaffected. Nothing is this Agreement shall be construed to: 1. Affect the powers or jurisdiction of any agency of a party state or any subdivision thereof. 2. Affect the rights or obligations of any governmental units, agencies or officials, or of any private persons or entities conferred or imposed by any interstate or interstatefederal compacts to which any one or more states participating herein are parties.

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3. Impinge on the jurisdiction of any existing interstate-federal mechanism for regional planning or development. Article XII. Eligible Parties; Entry Into and Withdrawal. (a) This Agreement shall have as eligible parties the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia. (b) Any eligible state may enter into this Agreement and it shall become binding thereon when it has adopted the same: provided that in order to enter into initial effect, adoption by at least five states shall be required. (c) Adoption of the Agreement may be either by enactment thereof or by adherence thereto by the Governor; provided that in the absence of enactment, adherence by the Governor shall be sufficient to make his state a party only until December 31, 1973. During any period when a state is participating in this Agreement through gubernatorial action, the Governor may provide to the Board an equitable share of the financial support of the Board from any source available to him. Nothing in this paragraph shall be construed to require a Governor to take action contrary to the constitution or laws of his state. (d) Except for a withdrawal effective on December 31, 1973, in accordance with paragraph (c) of this Article, any party state may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

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Article XIII. Construction and Severability. This agreement shall be liberally construed so as to effectuate the purposes thereof. 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 state or of the United States, or the application 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 participating therein, the Agreement shall remain in full force and effect as to the state affected as to all severable matters. Section 2. Copies of Bylaws and amendments to be filed pursuant to Article VI (j) of the Agreement shall be filed with (Department of Archives and History). Section 3. Nothing contained in the Southern Growth Policies Agreement as enacted by this Act shall in any event be construed to terminate the participation of this State with any State which adopted the Southern Growth Policies Agreement prior to the effective date of this Act, except that the provisions of Article XII (c) shall govern with respect to the continuance of States as Parties thereto after December 31, 1973. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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CRIMESABORTIONSNEW CHAPTER PROVIDED. Code Chapter 26-12 Amended. Code Title 88 Amended. No. 328 (House Bill No. 915). An Act to amend Code Chapter 26-12, relating to abortion, by repealing it in its entirety and inserting in lieu thereof a definition of criminal abortion; to provide for exceptions thereto; to provide who may perform abortions; to provide that abortions after the first trimester must be performed in a hospital or other licensed health facility; to provide that abortion after the second trimester may be performed to save the life and health of the woman where same is necessary in a physician's and two consultants' judgment; to provide for medical aid to product of abortion if capable of meaningful or sustained life; to provide for reporting of statistical data to the Department of Human Resources and access to hospital and other licensed health facility records by the District Attorney; to provide that any hospital or other medical facility or physician may refuse to admit any patient for the purpose of performing an abortion; to provide that any person who states in writing an objection to any abortion shall not be required to participate in the procedures which will result in such abortion; to provide that such refusal shall not be the basis for any claim for damages; to provide for penalties; to amend Code Title 88, known as the Georgia Health Code, as amended, so as to authorize the Department of Human Resources to promulgate and enforce rules and regulations for licensing of medical facilities wherein abortion procedures under 26-1202 (b) and (c) are to be performed; to provide for the dissemination of certain education information and medical supplies and treatment in order to prevent unwanted pregnancy; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 26-12, relating to abortion, is hereby amended by striking said Code Chapter in its entirety and inserting in lieu thereof a new Code Chapter 26-12, to read as follows: CHAPTER 26-12. Abortion. 26-1201. Criminal Abortion. Except as otherwise provided in Section 26-1202, a person commits criminal abortion when he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. Colde 26-1201 enacted. 26-1202. Exceptions. (a) Nothing in this Chapter shall be construed to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended, based upon his best clinical judgment that an abortion is necessary. Code 26-1202 enacted. (b) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital or in a health facility licensed as an abortion facility by the Georgia Department of Human Resources. (c) No abortion is authorized or shall be performed after the second trimester unless the physician and two consulting physicians certify that said abortion is necessary in their best clinical judgment to preserve the life or health of the woman. If the product of such abortion is capable of meaningful or sustained life, medical aid then available must be rendered. (d) The performing physician shall file with the Commissioner of Human Resources, within ten days after an abortion procedure is performed, a certificate of abortion containing such statistical data as is determined by the Department of Human Resources consistent with preserving the privacy of the woman. Hospital or other licensed health

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facility records shall be available to the District Attorney of the judicial circuit in which the hospital or health facility is located. (e) Nothing in this Chapter shall require a hospital or other medical facility or physician to admit any patient under the provisions hereof for the purpose of performing an abortion. In addition, any person who shall state in writing an objection to any abortion or all abortions on moral or religious grounds shall not be required to participate in procedures which will result in such abortion, and the refusal of such person to participate therein, shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person. The written objection shall remain in effect until such person shall revoke it or terminate his association with the facility with which it is filed. 26-1203. Failure to File. A person who fails to file or maintain, in complete form, any of the written reports required in this Chapter within the time set forth shall commit a misdemeanor. Code 26-1203 enacted. 26-1204. Punishment. A person convicted of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years, except that a person convicted of failure to file the forms and records required by this Chapter shall be punished under 26-1203. Code 26-1204 enacted. Section 2. Code Title 88, known as the Georgia Health Code, as amended, is hereby amended by adding a new subsection at the end of Code section 88-108, to be designated subsection (k), to read as follows: (k) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under 26-1202 (b) and (c) are to be performed, and further to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy. Code 88-108 amended. Section 3. Said Code Title 88 is further amended by adding

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a new paragraph at the end of subsection (a) of Code section 88-1901, to be designated paragraph (3), to read as follows: (3) Any health facility wherein abortion procedures under 26-1202 (b) and (c) are performed or are to be performed. Code 88-1901 amended. Section 4. An Act entitled An Act to amend Code Chapter 26-11, relating to the crimes of abortion, foeticide, and infanticide, so as to provide for the additional exceptions where such acts are undertaken or accomplished by physicians; to repeal conflicting laws; and for other purposes., which became law without the approval of the Governor (Ga. L. 1968, p. 1342), is hereby repealed in its entirety. Code 26-11 repealed. 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 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 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 13, 1973.

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COUNTY SURVEYORSSUBSTITUTES DESIGNATED. Code 23-1113 Amended. No. 329 (House Bill No. 922). An Act to amend Code section 23-1113, relating to the performance of the duties of the county surveyor by another person where there is no county surveyor, so as to provide for the performance of the duties of a county surveyor by a registered land surveyor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 23-1113, relating to the performance of the duties of the county surveyor where there is no county surveyor, is hereby amended by striking in its entirety, Code section 23-1113, which reads as follows: 23-1113. Where there is no surveyor.When there is no county surveyor, any competent person, a citizen of the county, may perform his duties, when specially required, if first sworn to do the same skillfully, faithfully and impartially, to the best of his knowledge; or, in default of such person, the county surveyor of an adjoining county may officiate., and substituting in lieu thereof a new Code section 23-1113, to read as follows: 23-1113. Where there is no surveyor. When there is no county surveyor, any person, a citizen of the State of Georgia and holding a current and valid certificate of registration as a land surveyor issued by the State Board of Registration for Professional Engineers and Land Surveyors, may perform the duties of county surveyor, when specifically required or appointed, if first sworn to do the same faithfully and impartially, to the best of his skill and knowledge. Code 23-1113 amended.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. ARCHITECTURAL AND ENGINEERING FIRMS DOING BUSINESS WITH STATERESOLUTION AMENDED. No. 12 (Senate Resolution No. 33). A Resolution. To amend a Resolution relating to architectural and engineering firms doing business with the State, approved March 20, 1970 (Ga. L. 1970, p. 420), as amended, particularly by a Resolution approved April 12, 1971 (Ga. L. 1971, p. 811), so as to exempt certain contracts of the Department of Transportation and the State Tollway Authority from said Resolution; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution relating to architectural and engineering firms doing business with the State, approved March 20, 1970 (Ga. L. 1970, p. 420), as amended, particularly by a Resolution approved April 12, 1971 (Ga. L. 1971, p. 811), is hereby amended by striking the sixth unnumbered paragraph of said Resolution in its entirety and substituting in lieu thereof a new sixth unnumbered paragraph to read as follows: Be it further resolved that any architectural or engineering firm that has received more than 10% of the total awarded for such services by the departments, agencies and public corporations of the State during any period of 36 months, as shown by the statistics of the State Auditor, shall be ineligible to contract with any department, agency or public corporation of the State until such firm, during any period of 36 months, has been awarded less than 10%

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of the total awarded for such services. Provided, however, any architectural or engineering firm may contract with the Department of Transportation for not more than 30% of the total awarded for such services, 10% for transportation purposes and 20% for Tollway purposes. Section 2. This Resolution shall become effective upon its approval by the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Resolution are hereby repealed. Approved April 13, 1973. MOTOR COMMON CARRIERSTEMPORARY EMERGENCY AUTHORITY AUTHORIZED, ETC. Code 68-611.1 Enacted. No. 330 (House Bill No. 927). An Act to amend Code Chapter 68-6, relating to motor common carriers, as amended, so as to provide that the Public Service Commission may grant for a period not in excess of thirty (30) days a nonrenewable emergency authority for service in areas having an unmet urgent need; to provide standards under which such authority shall be granted and may be exercised; 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 68-6, relating to motor common carriers, as amended, is hereby amended by adding, following Code section 68-611, a new code section, to be designated Code section 68-611.1, to read as follows: 68-611.1. Temporary Emergency Authority. Notwithstanding any other provision of law, in order to authorize the provision of service for which there is an

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immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common carrier service capable of meeting such need, the Commission under the authority of this Section may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor common carrier authority for such service. The order granting such authority shall contain Commission's findings supporting its determination under the authority of this Section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the Commission finds necessary with respect to such authority. Such emergency temporary motor common carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the Commission shall specify but not for more than an aggregate of thirty days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter. No such emergency temporary motor common carrier authority shall be granted for the transportation of general commodities (1) where there exists certificated intrastate general commodity motor common carrier service to and from the points, or within the territory, involved unless such carrier or carriers are unable or refuse to provide the needed service or (2) if, following notice to the intrastate general commodity motor common carriers in such manner as the Commission by rule shall provide, any existing certificated general commodity motor common carrier files application for temporary emergency authority to perform the service needed, and demonstrates that it is ready, willing and able to promptly provide such service. In any grant of emergency temporary motor common carrier authority, notice of the order of the Commission shall be served on the certificated carrier or carriers in such manner as the Commission by rule shall provide. Code 68-611.1 enacted. 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 13, 1973. MOTOR CONTRACT CARRIERSUNIFORM LICENSE REQUIREMENTS PROVIDED, ETC. Code 68.5 Amended. No. 331 (House Bill No. 928). An Act to amend Code Chapter 68-5, relating to the regulation of motor contract carriers for hire other than common carriers, as amended, so as to provide uniform registration and license requirements and procedures for motor contract carriers and motor common carriers; to provide for a uniform charge of five dollars ($5.00) for the registration of each vehicle operated by motor contract carriers engaged in intrastate commerce or interstate commerce, or both, in this State; to provide a convenient procedure for multiple registration of motor vehicles by certificated or registered motor carriers in other sections of the Code by incorporating the procedure under an Act providing for the multiple registration of motor vehicles used by certificated or registered motor carriers, approved April 4, 1969 (Ga. L. 1969, p. 262); to provide for a registration fee of twenty-five dollars ($25.00) for late registration of such vehicles; to amend Code Chapter 68-6, relating to the regulation of motor common carriers for hire, as amended, so as to provide for a uniform charge of five dollars ($5.00) for the registration of each vehicle operated by motor common carriers engaged in intrastate commerce or interstate commerce, or both, in this State; to provide a convenient procedure for multiple registration of motor vehicles by certificated or registered motor carriers; to provide for a registration fee of twenty-five dollars ($25.00) for late registration of such vehicles; to repeal an Act relating to multiple registration of motor vehicles used by motor carriers approved April 4, 1969

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(Ga. L. 1969, p. 262); 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 68-5, relating to the regulation of motor contract carriers for hire other than common carriers, as amended, is hereby amended by striking therefrom Code section 68-518, as amended, in its entirety and substituting in lieu thereof a new Code section 68-518, to read as follows: 68-518. Registration and License for Vehicles; Fees. (a) Every motor carrier shall, as soon as the certificate is issued, and annually on or before each succeeding January 1st, as long as the certificate remains in force, or as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the Commission for registration and license of all motor vehicles to be operated under said certificate in such manner and form as the Commission may by rule or regulation prescribe, and upon payment of a fee of five dollars ($5.00) for each vehicle to the Commission, shall be entitled to register the same and receive a license therefor. Where any motor vehicle domiciled in this State (or domiciled in a jurisdiction which extends reciprocity to motor carriers domiciled in Georgia pursuant to Georgia Code section 68-1003), for which an annual registration and license has first been obtained under the provisions of this Section is later used under lease or otherwise by another motor carrier certificated or registered in this State during the same period for which such registration or license is effective, such vehicle, in lieu of additional registration and license by such other motor carrier in the manner hereinabove provided, may be registered as being operated by such other motor carrier and a supplemental license obtained therefor by the payment of a fee of one dollar ($1.00) per motor vehicle and per motor carrier prior to such operation by such other motor carrier. Code 68-518 amended. (b) Whenever any motor vehicle is operated on or over any highway of this State without first having obtained

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such annual registration and license or such supplemental license as provided in subsection (a) the motor carrier operating such vehicle shall be required to pay a fee of twenty-five dollars ($25.00) for such late registration of such vehicle. Section 2. Code Chapter 68-5, relating to the regulation of carriers for hire other than common carriers, as amended, is hereby further amended by striking therefrom subsection (a) (2) of section 68-525, as amended, in its entirety and substituting in lieu thereof a new subsection (a) (2), to read as follows: (2) Obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any highway of this State. Each annual registration and identification stamp shall be valid for a fifteen-month period extending from November 1st of any year through January 31st of the next succeeding year and may be obtained from the Commission upon application on a form supplied by the Commission and payment of a five dollar ($5.00) registration and identification fee, except that the Georgia Public Service Commission is authorized to impose vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of twenty-five dollars ($25.00), upon such vehicles licensed in that state which charges equipment licensed in Georgia a vehicle identification and registration fee in excess of five dollars ($5.00). Nothing herein shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, section 302(b) (2), as provided in Code section 68-1003 of the Code of Georgia. Where any motor vehicle domiciled in this State (or domiciled in a jurisdiction which extends reciprocity to motor carriers domiciled in Georgia pursuant to Georgia Code Section 68-1003) for which an annual registration and identification stamp has first been obtained under the provisions of this Section is later used under lease or otherwise by another motor carrier certificated or registered in this State during the same period of which such annual registration

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and identification stamp is effective, such vehicle, in lieu of additional registration and identification by such other motor carrier in the manner hereinabove provided, may be registered and identified as being operated by such other motor carrier and supplemental registration and identification stamp obtained therefor by the payment of a fee of one dollar ($1.00) per motor vehicle and per motor carrier prior to such operation by such other motor carrier. Provided, however, that whenever any motor vehicle is operated on or over any highway of this State without first having obtained the annual registration and identification stamp or supplemental identification stamp provided for in this Section the motor carrier operating such vehicle shall be required to pay a fee of twenty-five dollars ($25.00) for such late registration and identification of such vehicle. Code 68-525 amended. Section 3. Code Chapter 68-6, relating to the regulation of motor common carriers for hire, as amended, is hereby amended by striking therefrom Code section 68-623, as amended, in its entirety and substituting in lieu thereof a new Code section 62-623, to read as follows: 68-623. Annual Registration by Motor Common Carriers; License Taxes Prohibited; Fees. (a) Every motor common carrier shall annually on or before January 1, as long as such certificate remains in force, or as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the Commission for registration and license of all motor vehicles to be operated under said certificate in such manner and form as the Commission may by rule or regulation prescribe, and shall pay to the Commission a fee of five dollars ($5.00) for the registration of each vehicle and the issuance of a license to operate the same. Where any motor vehicle domiciled in this State (or domiciled in a jurisdiction which extends reciprocity to motor carriers domiciled in Georgia pursuant to Georgia Code section 68-1003) for which an annual registration and license has first been obtained under the provisions of this Section is later used under lease or otherwise by another motor carrier certificated or registered in this State during the same period for which such registration and license is effective, such vehicle, in

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lieu of additional registration and license by such other motor carrier in the manner hereinabove provided, may be registered as being operated by such other motor carrier and a supplemental license issued therefor by the payment of a fee of one dollar ($1.00) per motor vehicle and per motor carrier prior to such operation by such other motor carrier. Code 68-623 enacted. (b) Whenever any motor vehicle is operated on or over any highway of this State without first having obtained the annual registration and license or supplemental license provided for in this Section, the motor carrier operating such vehicle shall be required to pay a fee of twenty-five dollars ($25.00) for such late registration of such vehicle. (c) No subdivision of this State, including cities, municipalities, villages, townships, or counties shall levy any excise, license, or occupation tax of any nature on said equipment, or the right to operate said equipment or any incidents of said motor carrier business, or on a motor common carrier. Section 4. Code Chapter 68-6, relating to the regulation of motor common carriers for hire, as amended, is hereby further amended by striking therefrom subsection (b) of section 68-633, as amended, in its entirety and substituting in lieu thereof a new subsection (b), to read as follows: (b) Obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any highway of this State. Each annual registration and identification stamp shall be valid for a fifteen-month period extending from November 1st of any year through January 31st of the next succeeding year and may be obtained from the Commission upon application on a form supplied by the Commission and payment of a five dollar ($5.00) registration and identification fee except that the Georgia Public Service Commission is authorized to impose vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of twenty-five dollars ($25.00), upon such vehicles licensed in that state which charges equipment licensed

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in Georgia a vehicle identification and registration fee in excess of five dollars ($5.00). Nothing herein shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, section 302(b) (2), as provided in Code section 68-1003 of the Code of Georgia. Where any motor vehicle domiciled in this State (or domiciled in a jurisdiction which extends reciprocity to motor carriers domiciled in Georgia pursuant to Georgia Code section 68-1003) for which an annual registration and identification stamp has first been obtained under the provisions of this Section is later used under lease or otherwise by another motor carrier certificated or registered in this State during the same period for which such annual registration and identification stamp is effective, such vehicle, in lieu of additional registration and identification by such other motor carrier in the manner hereinabove provided, may be registered and identified as being operated by such other motor carrier and supplemental registration and identification stamp obtained therefor by the payment of a fee of one dollar ($1.00) per motor vehicle and per motor carrier prior to such operation by such other motor carrier. Provided, however, that whenever any motor vehicle is operated on or over any highway of this State without first having obtained the annual registration and identification stamp provided for in this Section, the motor carrier operating such vehicle shall be required to pay a fee of twenty-five dollars ($25.00) for such late registration and identification of such vehicle. Code 68-633 amended. Section 5. An Act relating to multiple registration of motor vehicles by certificated or registered motor carriers, approved April 4, 1969 (Ga. L. 1969, p. 262), is hereby repealed in its entirety. Repealer. Section 6. This Act shall become effective on November 1, 1973. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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CONVEYANCE OF LAND TO MILLEDGEVILLEBALDWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AUTHORIZED. No. 13 (Senate Resolution No. 50). A Resolution. Authorizing the conveyance of certain real property located in Baldwin County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, which is currently under the control and jurisdiction of the Department of Human Resources; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows: All of that certain tract of land situate, lying and being on and along the north and northwest side of Garrett Way, formerly known as Badowski Drive, in the First Land District, and in the 318th Militia District, in Baldwin County, Georgia, the same containing 34.793 acres, and being generally bounded as follows: On the Northeast a total distance of 2382.0 feet by the right-of-way of Central of Georgia Railroad; on the South a total distance of 1984.5 feet by the northern right-of-way line of the aforesaid Garrett Way, formerly known as Badowski Drive, the same being a paved County Road; on the Southwest a distance of 811.9 feet by the northeastern right-of-way line of that certain paved County road leading from the aforesaid Garrett Way in a northerly direction to U.S. Highway Route Number 441; and on the Northwest a distance of 779.2 feet by lands of Goldstein. The above described tract of land is more specifically shown on and described in accordance with that certain plat from an actual survey thereof by P. E. Ogletree, Registered Georgia Land Surveyor Number 902, dated February 8th, 1972.

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Whereas, the above described real property is no longer needed by the Department of Human Resources or the State of Georgia and is therefore surplus; and Whereas, the Milledgeville-Baldwin County Industrial Development 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 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-Baldwin County Industrial Development 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 April 13, 1973. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDEDMAXIMUM AMOUNT OF LOANS CHANGED, ETC. No. 332 (House Bill No. 942). An Act to amend an Act establishing the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, so as to change

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provisions relative to the maximum amount of loans that may be guaranteed for students of the Corporation; to authorize deferment of payment or the accrual to principal of interest accruing on guaranteed loans; to authorize compliance with federal law respecting rate of interest payable on guaranteed loans; to authorize sale of loans or interests in loans to an agency or instrumentality of the United States; to repeal conflicting laws, and laws in conflict with provisions of federal law; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), as amended, is hereby amended by striking paragraph (1) of section 5 of said Act in its entirety and substituting the following in lieu thereof: (1) To authorize the Corporation to guarantee payment of educational loans, in the event of default and subject to limitations, terms and conditions prescribed by the Board, made by eligible lenders to eligible students in amounts not in excess of $2,500 each for study by the student on a full-time basis at an eligible educational institution during the period of one academic year or its equivalent, provided, however, that total outstanding principal on all loans guaranteed for a student shall not at any time exceed $7,500 in the case of a student who has not attained a baccalaureate degree, or $10,000 in the case of any graduate or professional student including loans made to such student before he became a graduate or professional student. The maximum loan that may be guaranteed for students for study on a full-time basis during the period of one academic year or its equivalent shall be prescribed by the Board and may vary on the basis of the vocational, undergraduate, professional or graduate level classification of the student; and for students engaged in specialized training requiring exceptionally high costs of education or attending exceptionally high costs of education or attending exceptionally high cost institutions; provided, however, that the above stated maximum loan limits for students shall not be exceeded. The maximum loan that may be guaranteed for a

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student for study on a half-time basis during the period of one academic year or its equivalent shall not exceed one-half the amount authorized by the Board to be guaranteed for a student for study on a full-time basis for the same period of time within the same category or classification of students. The Board is authorized to define all words, terms and phrases used in this Act, as necessary to effectively carry out the purposes hereof, and to require that students attending an eligible educational institution be in good standing at such institution in order to obtain guarantee of additional loans. Loans. Section 2. Said Act is further amended by striking paragraph (7) of section 5 of said Act in its entirety. Section 3. Said Act is further amended by adding at the end of paragraph (a) of section 7 of said Act an additional sentence to read as follows: Payment of interest accruing on a loan guaranteed by the Corporation may be deferred by a lender, or accrued and added to principal, if authorized by the Board, but without increasing the liability of the Corporation hereunder. In the event applicable federal law authorizes a rate of interest on a guaranteed loan in excess of the rate stated above, the Board is authorized to comply with the terms of such federal law. Interest. Section 4. Said Act is further amended by striking section 8B of said Act in its entirety and substituting the following in lieu thereof: Section 8B. Lenders shall be authorized to sell loans guaranteed by the Corporation, or a participating interest in loans guaranteed by the Corporation, to another eligible lender, or to an agency or instrumentality of the United States, in accordance with regulations prescribed by the Board, and in such event the guarantee liability of the Corporation on such loan or loans or interest therein shall not be affected. Sale of loans. Section 5. This Act shall become effective May 1, 1973. Effective date.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. BUILDING AND LOAN ACT AMENDEDALL BUSINESS MUST BE CONDUCTED ON PREMISES. No. 334 (House Bill No. 949). An Act to amend an Act known as The Building and Loan Act, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 307), as amended, so as to provide that no building and loan association, savings and loan association or other like corporation incorporated, organized or chartered under the laws of this State or of the United States shall carry on or conduct or do business in this State except on the premises of the principal or branch office; to define branch office; 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 Building and Loan Act, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 307), as amended, is hereby amended by adding a new section, immediately following section 6, to be designated section 6A, to read as follows: Section 6A. No building and loan association, savings and loan association or other like corporation incorporated, organized or chartered under the laws of this State or of the United States shall accept deposits in this State except on the premises of the place of business (principal office or branch office) established and operated pursuant to the provisions of this Act. For the purpose of this Act the term `branch office' shall be construed to mean any office of such association or corporation which is intended to be permanently

Page 654

established in a fixed location and to be operated at such location on substantially a full-time basis. Premises. 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 13, 1973. FLINT JUDICIAL CIRCUITQUALIFICATIONS OF ASSISTANT DISTRICT ATTORNEY CHANGED. No. 335 (House Bill No. 960). 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 April 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 364), so as to change the qualifications of the Assistant District Attorney of the Flint 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 April 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 364), 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

Page 655

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 Assistant District Attorney 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 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. Qualifications. 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 1973 Session of the General Assembly of Georgia,

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a bill to amend an Act placing the District Attorney of the Flint Judicial Circuit on an annual salary in lieu of the fee system of compensation, approved April 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 364), so as to change the qualifications of the Assistant District Attorney of the Flint Judicial Circuit; to provide an effective date; and for other purposes. This 10th day of January, 1973. Denmark Groover Representative, 75th District J. R. Smith Representative, 74th District Ray M. Tucker Representative, 69th District Marvin Adams Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover who, on oath, deposes and says that he is Representative from the 75th 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: January 18, 25, 1973 and February 1, 1973. /s/ Denmark Groover Representative, 75th District

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Sworn to and subscribed before me this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 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 April 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 364), so as to change the qualifications of the Assistant District Attorney of the Flint Judicial Circuit; to provide an effective date; and for other purposes. This 10th day of January, 1973. Denmark Groover Rep., 75th District J. R. Smith, Rep., 74th District Ray M. Tucker Rep., 69th District Marvin Adams, Rep., 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

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in the Barnesville News-Gazette which is the official organ of Lamar County, on the following dates: January 18, 25, 1973 and February 1, 1973. /s/ Denmark Groover Representative, 75th District Sworn to and subscribed before me this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 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 April 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 364), so as to change the qualifications of the Assistant District Attorney of the Flint Judicial Circuit; to provide an effective date; and for other purposes. This 10th day of January, 1973. Denmark Groover Representative, 75th District J. R. Smith Representative, 74th District Ray M. Tucker Representative, 69th District Marvin Adams Representative, 74th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover who, on oath, deposes and says that he is Representative from the 75th 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: January 18, 25, 1973 and February 1, 1973. /s/ Denmark Groover Representative, 75th District Sworn to and subscribed before me this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 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 April 1, 1918 (Ga. L. 1918, p. 377), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 364), so as to change the qualifications of the Assistant District Attorney of the Flint Judicial Circuit; to provide an effective date; and for other purposes. This 10th day of January, 1973. Denmark Groover Representative, 75th District
Page 660

J. R. Smith Representative, 74th District Ray M. Tucker Representative, 69th District Marvin Adams Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover who, on oath, deposes and says that he is Representative from the 75th District, and 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: January 18, 25, 1973 and February 1, 1973. /s/ Denmark Groover Representative, 75th District Sworn to and subscribed before me this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.

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STATE TRANSPORTATION BOARDMEMBERSPROVISIONS FOR RESIGNATION FROM PRIOR POSITIONS CHANGED, ETC. No. 336 (House Bill No. 963). An Act to amend an Act creating the State Highway Board (now State Transportation Board), approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 352), so as to change the provisions requiring certain persons to resign from positions prior to taking office as members of the Board; 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 (now State Transportation Board), approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 352), is hereby amended by striking the last sentence of subsection (b) of section 4, which reads as follows: In the event any person who is an officer, agent, official or employee of the State or of any county, municipality or other political subdivision thereof, or who is a member of the General Assembly, is appointed or elected as a member of the Board, such person must resign as such officer, agent, official, employee or member prior to taking office as a member of the Board., and inserting in lieu thereof the following: Except as hereinafter provided, in the event any person who is an officer, agent, official or employee of the State or of any county, municipality or other political subdivision thereof, or who is a member of the General Assembly, is appointed or elected as a member of the Board, such person must resign as such officer, agent, official, employee or member prior to taking office as a member of the Board. The preceding sentence relative to resignation prior to

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taking office as a member of the Board shall not apply to an officer, agent, official or employee of a political subdivision created by the General Assembly pursuant to a constitutional amendment which specifically authorizes the General Assembly to create such political subdivision in three counties and which states that the General Assembly shall provide for temporary government for such political subdivision until the population thereof shall equal or exceed 3,000 according to the most recent Federal census. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CONVEYANCE OF LAND TO MERIWETHER COUNTY AUTHORIZED. No. 14 (Senate Resolution No. 81). A Resolution. Authorizing the conveyance of certain real property located in Meriwether County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Meriwether County, Georgia, which formerly was under the control and jurisdiction of the State Board of Corrections and the State Department of Offender Rehabilitation; and Whereas, the property was declared surplus by the Department of Offender Rehabilitation, and jurisdiction and control thereof was transferred to the State Properties Control Commission; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Meriwether, State of Georgia, and being more particularly described as follows:

Page 663

All that tract or parcel of land situate, lying and being in the Southwest corner of Land Lot Number 126 in the Second Land District of Meriwether County, Georgia, containing 13.2 acres of land and more particularly described as follows: BEGINNING at a point on the original West line of Land Lot Number 126, said point being on the North right of way of Paved Highway Number 41 and being 620 feet due North from the original Southwest corner of Land Lot Number 126, and running thence along the North Right of Way of said Paved Highway Number 41 South 29 degrees 45 minutes East a distance of 389 feet to the North Right of Way of a country road; thence running along the North Right of Way of said country road North 60 degrees 15 minutes East a distance of 940 feet; thence North 29 degrees 45 minutes West a distance of 630 feet; thence South 60 degrees 15 minutes West a distance of 800 feet to the original West line of Land Lot Number 126, thence due South along said original West line of Land Lot Number 126 a distance of 300 feet to the point of beginning and bounded as follows: On the North by lands of Meriwether County, known as the Airport lands; on the East by lands of Meriwether County, known as the Airport lands; and a country road running East and West; on the South by the aforementioned country road running East and West and Paved Highway Number 41; and on the West by Paved Highway Number 41 and lands of Jackson Box and Lumber Company. Also included are all permanent improvements, tenements, and appurtenances, thereunto belonging or in any wise appertaining to the above-described property, including the right of ingress and egress thereto and therefrom at all times.; and Whereas, the above described property is no longer needed by the State Properties Control Commission or the State of Georgia and is therefore surplus; and Whereas, the governing authority of Meriwether County is desirous of owning said real property.

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Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized to convey said real property to Meriwether County upon such terms and conditions and for such consideration as may be mutually agreed upon by the governing authority of Meriwether County and the State Properties Control Commission. Approved April 13, 1973. PUBLIC SERVICE COMMISSION ACT AMENDEDFEES CHANGED. Code 93-210 Amended. No. 337 (House Bill No. 969). An Act to amend Georgia Code section 93-210, pertaining to the assessment of public service corporation fees in an amount sufficient to cover the cost of operating and maintaining the Georgia Public Service Commission, by increasing the assessment to $560,000 per annum and providing that the money will be paid to the State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Ga. Code section 93-210, pertaining to the assessment of the public service corporation fees to cover the operating cost of the Georgia Public Service Commission, is hereby amended by striking from the Section the figure $280,000 wherever it appears in the Section and substituting the figure $560,000 and by striking the word Treasurer from the section so that when amended Ga. Code section 93-210 will read as follows: 93-210. Assessment of public service corporation fees in amount sufficient to cover operating cost of Georgia Public Service Commission: There shall be paid by all public service

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corporations or utilities, subject to the jurisdiction of the Public Service Commission, a special fee in addition to those now required by law. Such fee shall be fixed by the State Revenue Commissioner upon each of such public service corporations or utilities according to the value of its property, as ascertained by the last preceding State tax assessment, and shall be apportioned among such public service corporations or utilities, upon the basis of such valuation, so as to produce a revenue of $560,000 per annum which shall be paid on or before the 20th day of January in each year. The State Revenue Commissioner shall notify each public service corporation or utility of the State of the amount due by it under the provisions of this law, not later than December 1 of each year, and said fee shall be paid to the State on or before the 20th day of January as above provided; such sum of $560,000 is hereby available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. In case of default in payment by any public service corporation, company or person, of the fee provided for in this section, the State Revenue Commissioner shall proceed to collect the same in the same manner as franchise taxes are now collected. Code 93-210 amended. Section 2. This Act shall become effective upon its being approved by the Governor, or otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. GOVERNORPOWER TO APPOINT SECRETARIES PROVIDED, ETC. Code 40-304 Amended. No. 338 (House Bill 997). An Act to amend the Code of Georgia of 1933, section 40-304 so as to provide that the Governor shall have the power to appoint his own secretaries and provide for other clerical

Page 666

personnel as needed; and to provide that said secretaries and clerical personnel shall be paid from funds appropriated for those purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia of 1933, section 40-304 is hereby amended by striking it in its entirety and substituting in lieu thereof the following: 40-304 Salaries of Governor's sercretaries. The Governor shall have power to appoint his own secretaries and to provide such other clerical personnel as may be required in his office. The salaries and compensation of secretaries and clerical personnel so appointed shall be paid from funds appropriated for such purposes. Code 40-304 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. EXECUTIVE BOARD OF GEORGIA WORLD CONGRESS CENTER ACTAMENDEDGENERAL ASSEMBLY SHALL APPROVE BUDGETS, ETC. No. 339 (House Bill No. 1037). An Act to amend an Act creating the Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. L. 1972, p. 245), so as to provide that no member of the present Executive Board or any future Executive Board shall be eligible for employment with the Georgia World Congress Center; to provide that all budgets for personnel and operating expenses of the Georgia World Congress Center shall be submitted to and approved by the General Assembly of Georgia; to provide that the Attorney General shall be the legal counsel for the Georgia World Congress Center; to provide that it shall be the duty

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of the Attorney General to represent the Georgia World Congress Center in the acquisition of land and all other matters requiring legal representation; 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 Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. L. 1972, p. 245), is hereby amended by adding a new section, to be known as Section 1A, to read as follows: Section 1A. No member of the present Executive Board or any future Executive Board shall be eligible for employment with the Georgia World Congress Center. Eligibility. Section 2. Said Act is further amended by adding a new section, to be known as section 2A, to read as follows: Section 2A. All budgets for personnel and operating expenses of the World Congress Center shall be submitted to and approved by the General Assembly of Georgia. The budgets submitted by the Executive Board of the World Congress Center shall be reviewed and approved in the same manner as budgets for State departments submitted by the Governor. Budget. Section 3. Said Act is further amended by adding a new section, to be known as section 2B, to read as follows: Section 2B. The Attorney General shall be the legal counsel for the World Congress Center and it shall be the duty of the Attorney General to represent the World Congress Center in the acquisition of land and all other matters requiring legal representation. Legal counsel. 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 13, 1973.

Page 668

INSURANCECOMMISSIONER IMPOSITION OF FINESPOWER EXPANDED. Code 56-317.1 Amended. No. 341 (House Bill No. 1069). An Act to amend Code section 56-317.1, relating to administrative fine for certain acts of officers, employees, agents or representatives of insurers, so as to provide additional circumstances under which the Commissioner may impose a fine; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-317.1, relating to administrative fines for certain acts of officers, employees, agents or representatives of insurers, is hereby amended by adding between paragraph (b) and the last unnumbered paragraph a new paragraph, to be designated paragraph (c), to read as follows: (c) Accepted money, trade stamps, gifts or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company or other repair company of any kind, or and by striking from the last unnumbered paragraph the following: or (b), and inserting in lieu thereof the following: , (b) or (c), so that when so amended, Code section 56-317.1 shall read as follows: 56-317.1. Administrative Fine for Certain Acts of Officers, Employees, Agents or Representatives. The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents or representatives has: Code 56-317.1 amended.

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(1) With such frequency as to indicate its general business practice in this State: (a) Refused, without just cause, to pay proper claims arising under coverage provided by its policies, whether such claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to such third person or in favor of any other person entitled to the proceeds of a policy, or (b) Compelled, without just cause, insureds, claimants or other persons entitled to the proceeds of its policies in this State to accept less than the amount due them or to bring suit against the insurer or an insured to secure full payment or settlement thereof, or (c) Accepted money, trade stamps, gifts or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company or other repair company of any kind. The administrative fine imposed for violations set forth in paragraphs (a), (b) or (c) shall not exceed $1,000.00 for each act of misconduct constituting a violation provided, however, a fine of not more than $5,000.00 for each act of willful misconduct constituting a violation may be imposed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CONVEYANCE OF LAND TO CITY OF AUGUSTA AUTHORIZED. No. 15 (Senate Resolution No. 102). A Resolution. Authorizing the conveyance of certain real property located in Richmond County, Georgia; and for other purposes.

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Whereas, the State of Georgia is the owner of certain real property located in Richmond County, Georgia, which is currently under the control and jurisdiction of the Department of Transportation; and Whereas, said real property is all that tract or parcel of land lying and being in the County of Richmond, State of Georgia, and being more particularly described as follows: Beginning at a point located on the Western R/W line of New Savannah Road approximately one hundred fifty feet South of Butler Creek; thence, South thirty-one degrees nineteen minutes East along the Western R/W of New Savannah Road for a distance of one hundred forty-five and no one-hundredths feet to a point; thence, in a Southerly direction along the Western R/W of New Savannah Road along a curve for a distance of five hundred thirty-one and fifty one-hundredths feet to a point; thence, in a South Westerly direction along the Western R/W of New Savannah Road on a curve for a distance of four hundred eighty-nine and ninety-three one-hundredths feet to a point; thence, South fifty-two degrees seventeen minutes West along the R/W of New Savannah Road for a distance of four hundred one and sixty-five one-hundredths feet to a point located on the R/W of New Savannah Road; thence North thirty-two degrees eighteen minutes and fifteen seconds West for a distance of five hundred sixty-five and ninety-six one-hundredths feet to a point; thence North thirty-one degrees twenty-nine minutes and fifteen seconds West for a distance of two hundred eight and ninety-two one-hundredths feet to a point; thence, North forty-seven degrees fifty-five minutes East for a distance of nine hundred sixty-four and one one-hundredths feet to a point and the point of beginning located on the Western R/W of New Savannah Road. Said parcel of land contains fifteen and one hundred four thousandths acres and is bounded on the North by property of Cornelia W. Barrett (Trustee for the Estate of H. Gould Barrett); and on the East and South by New Savannah Road and on the West by property of Cornelia W. Barrett (Trustee for the Estate of H. Gould Barrett)

Page 671

and William W. Barrett. Said property is more clearly shown and defined as Parcel #1 on a plat prepared by Baldwin Cranston Associates, Inc. dated January 13, 1972.; and Whereas, the above described real property is no longer needed by the Department of Transportation or the State of Georgia and is therefore surplus; and Whereas, the City of Augusta is desirous of obtaining said tract of land for the purpose of expanding a runway at the city airport and installing an ILS which will enhance the economic growth of the City of Augusta, County of Richmond, and East 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 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 City of Augusta; 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. Be it further resolved that the Governor, on behalf of the State of Georgia, is hereby authorized to execute all contracts, instruments and agreements necessary and convenient to effectuate the purposes of this Resolution. Approved April 13, 1973.

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EMPLOYMENT AND WAGESPAYMENT IN CERTAIN OTHER FORMS AUTHORIZED. Code Chapter 66-1 Amended. No. 342 (House Bill No. 1115). An Act to amend Code Chapter 66-1, relating to employment and wages, as amended, so as to provide that such payments may also be made by other forms of demand negotiable instruments or authorization of credit transfer; to provide that any payment by check or other demand negotiable instrument must be payable in cash at a place within the United States; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 66-1, relating to employment and wages, as amended, is hereby amended by striking Code section 66-102 in its entirety, and inserting in lieu thereof a new Code section 66-102, to read as follows: 66-102. Payment of wages in lawful money or checks. Every person, firm or corporation, including steam and electric railroads, but not including farming, sawmill and turpentine industries, employing wageworkers, skilled or unskilled, engaged in manual, mechanical or clerical labor, including all employees, except officials, superintendents, or other heads or subheads of departments, who may be employed by the month or year at stipulated salaries, shall make wage and salary payments to said employees, laborers and workers or to their authorized representatives (a) by lawful money of the United States or (b) by check or (c) with his consent by authorization of credit transfer to the account of said employees, laborers or workers with a bank, trust company or other financial institution authorized by the United States or one of the several States to receive deposits in the United States; such payments to be made on such dates during the month as may be decided upon by such person, firm or corporation: Provided, however, that the dates so selected shall be such that the month will be divided into at least two equal

Page 673

periods; and the payments made on each such date shall in every case correspond to the full net amount of wages or earnings due said employees, laborers, or wageworkers for the period for which said payment is made. Code 66-102 amended. Section 2. Said Code Chapter is further amended by adding a new Code section to be designated Code section 66-102.1, to read as follows: 66-102.1. Payment of wage checks and acknowledgments of debt. Any order, check, draft, note or other instrument issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some established place of business in the United States, the name and address of which must appear on the instrument, and at the time of its issuance and for a reasonable time thereafter (which must be at least thirty (30) days), the maker or drawer must have sufficient funds or credit, arrangement, or understanding with the drawee for its payment. Code 66-102.1 enacted. Where an instrument described in this Section is protested or dishonored, the notice or memorandum of protest or dishonor is admissible as proof of presentation, nonpayment and protest and is presumptive evidence of knowledge of insufficiency of funds or credit with the drawee. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. GEORGIA BUDGET ACT AMENDEDANNUAL APPROPRIATIONS PROVIDED. Code Chapter 40-4 Amended. No. 343 (House Bill No. 1118). An Act to amend the Georgia Budget Act, Georgia Code Chapter 40-4, to comply with the constitutional requirement

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for annual appropriations; to comply with the Executive Reorganization Act of 1972; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Budget Act, Georgia Code Chapter 40-4, is amended by striking from section 40-406 (1) (c), relating to the budget report, the language each of the next two fiscal years and substituting the next fiscal year so that when amended the subsection will read as follows: (c) Similar summary statements of the estimated fund balances for the current fiscal year and the next fiscal year. Code 40-406(1) amended. Section 2. The Georgia Budget Act is further amended by striking from the first sentence of section 40-406(2), relating to the budget report, the language each of the next two fiscal years and substituting the next fiscal year so when amended the first sentence of the subsection will read as follows: 2. Statements of income and receipts for each of the two fiscal years last concluded, and the estimated income and receipts of the current fiscal year and the next fiscal year, and a statement of unappropriated surplus expected to have accrued in the State treasury at the beginning of the next fiscal year. Code 40-406(2) amended. Section 3. The Georgia Budget Act is further amended by striking from the first sentence of section 40-406 (5), relating to the budget report, each of the next two fiscal years and substituting the language the next fiscal year so that when amended the first sentence of the subsection will read as follows: 5. Detailed comparative statements of expenditures and requests for appropriations by funds, budget units and budget classes, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Governor's recommendations for appropriations for each budget unit for the next fiscal year, all distributed

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according to budget classes of ordinary recurring expenses of operation and maintenance, including, but not limited to, personal services and authority lease rentals and of extraordinary expenses and capital outlay. Code 40-406(5) amended. Section 4. The Georgia Budget Act is further amended by striking from section 40-406(6), relating to the budget report, the language each of the next two fiscal years and substituting the language the next fiscal year so that when amended the subsection will read as follows: 6. A summary statement of the cash resources estimated to be available at the beginning of the next fiscal year, and the estimated cash receipts of the fiscal year, as compared with the total recommended amounts of appropriation for all budget classes for the year, and if the total of the recommended expenditures exceeds the total of the estimated resources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues. Code 40-406(6) amended. Section 5. The Georgia Budget Act is further amended by striking from the first sentence of section 40-406(7), relating to budget reports, the language each of the next two ensuing fiscal years and substituting the next fiscal year so that when amended the first sentence of the subsection will read as follows: 7. A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year, and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. Code 40-406(7) amended. Section 6. The Georgia Budget Act is further amended by striking the first sentence of section 40-409(1), relating to budget estimates, and substituting in its place the following language: 1. The head of each budget unit, other than the General Assembly and judiciary, not later than September 1 of each year, shall submit to the Office of Planning and Budget

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estimates of the financial requirements of his budget unit for the next fiscal year, on the forms and in the manner prescribed by the Office of Planning and Budget, with such explanatory data as is required by the Office of Planning and Budget and such additional data as the head of the budget unit wishes to submit. Code 40-409(1) amended. Section 7. The Georgia Budget Act is further amended by striking from section 40-409(4), relating to budget estimates, the word biennium so that when amended the subsection will read as follows: 4. All of the data relative to the legislative and judicial branches of the Government shall be for the Budget Bureau's information and guidance in estimating the total financial needs of the State for the ensuing period, but none of these estimates shall be subject to revision or review by the Budget Bureau and must be included in the budget report as prepared by it. Code 40-409(4) amended. Section 8. The Georgia Budget Act is further amended by striking from scetion 40-412(2), relating to the appropriation and revenue acts, the language two ensuing fiscal years and substituting the language fiscal year so that when amended the subsection will read as follows: 2. Each General Appropriation Act, now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appropriations required by the Constitution or those required to meet contractual obligations authorized by the Constitution or the continued appropriation of Federal grants. Code 40-412(2) amended. Section 9. The Georgia Budget Act is further amended by striking from section 40-420, concerning appropriation lapse, the following language At the end of the fiscal year of each biennium covered by the General Appropriations Act, unless alloted by the Budget Bureau and substituting the language At the end of each fiscal year and by striking the word Treasurer and substituting the word treasury

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in its place and by striking the word his and substituting the word its in its place so that when amended the section will read as follows: At the end of each fiscal year, the amount of each appropriation provided for in this Chapter, except for the mandatory appropriations required by the Constitution, remaining unexpended, and which have not been contractually obligated in writing, shall lapse and cease to be available and the State treasury shall not pay any unallotted appropriation and shall make the necessary adjustments in its appropriation accounts to charge off the amount of the lapsed appropriations. All appropriated funds except for the mandatory appropriations required by the Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. Code 40-420 amended. Section 10. This bill 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 April 13, 1973. GEORGIA PUBLIC SERVICE COMMISSIONMAY CONSIDER QUALITY OF SERVICE RENDERED, ETC. Code 93-309 Amended. No. 344 (House Bill No. 1120). An Act to amend Code Chapter 93-3, relating to the jurisdiction, duties and powers of the Georgia Public Service Commission, of the Code of Georgia of 1933, so as to provide that in fixing just and reasonable rates, the Commission shall consider the quality of service rendered; to provide that the Public Service Commission may impose

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a civil penalty for violation of the laws or its regulations and orders relating to any person, firm or corporation subject to its jurisdiction; 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, duties and powers of the Georgia Public Service Commission, of the Code of Georgia of 1933, is hereby amended by adding a new Code Section to be designated section 93-309.1, to read as follows: 93-309.1. In determining what are just and reasonable rates and charges to be made by any person, firm or corporation (hereinafter referred to as `utility') subject to its jurisdiction, the Public Service Commission is authorized and is hereby directed to consider the quality of the service rendered by such utility. Code 93-309.1 enacted. Section 2. Code Chapter 93-3, relating to the jurisdiction, duties and powers of the Georgia Public Service Commission, is hereby further amended by adding a new section to be designated section 93-309.2, to read as follows: 93-309.2. (a) Any person, firm or corporation (hereinafter referred to as `utility'), subject to the jurisdiction of the Public Service Commission, who shall wilfully violate any law administered by the Commission, or any duly promulgated regulation issued thereunder, and any utility who fails, neglects or refuses to comply with any order, after notice thereof, shall be liable to a penalty not to exceed $1,000 for said violation and an additional penalty not to exceed $500 for each day during which such violation continues. Code 93-309.2 enacted. (b) (1) The Commission, after hearing upon not less than thirty (30) days notice, shall determine whether any utility has wilfully violated any law administered by the Commission, or any duly promulgated regulation issued thereunder, or has failed, neglected or refused to comply with any order of the Commission, and upon appropriate finding thereof may impose such civil penalties as herein

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provided by order for such violations. In each such proceeding, the Commission shall maintain a record including all pleadings, a transcript of proceedings, a statement of each matter of which the Commission takes official notice, and all staff memoranda or data submitted to the Commission in connection with their consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annum) recovered by the Commission shall be paid into the general fund of the State Treasury. (2) Any party aggrieved by a decision of the Commission may seek judicial review as provided in section 93-309.2(c). (c) (1) Any party who has exhausted all administrative remedies available before the Public Service Commission and who is aggrieved by a final decision of the Commission in a proceeding described in subsection (b) of this Section may seek judicial review of the final order of the Commission in the Superior Court of Fulton County. (2) Proceedings for review are instituted by filing a petition within 30 days after the service of the final decision of the Commission, or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the Commission shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the Commission and all parties of record before the Commission. (3) The petition shall state the nature of the petitioner's interest, the facts showing that petitioner is aggrieved by the decision and the ground as specified in subsection (c) (6) of this Section upon which the petitioner contends that the decision should be reversed. The petition may be amended by leave of court. (4) Within 30 days after service of the petition, or within further time stipulated by the parties or allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably

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refusing to stipulate to limit the record may be taxed for the additional costs. The court may require or permit subsequent corrections or additions to the record. (5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the court shall order that the additional evidence be taken before the Commission upon procedure determined by the court. The Commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (6) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission, or remand the case for further proceedings. The court may reverse the decision of the Commission if substantial rights of the petitioner have been prejudiced because the Commission's findings, inferences, conclusions or decisions are (a) In violation of constitutional or statutory provisions; (b) In excess of the statutory authority of the Commission; (c) Made upon unlawful procedure; (d) Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or (e) Arbitrary or capricious. (7) A party aggrieved by an order of the court in a proceeding authorized under subsection (d) of this Section may appeal to the Supreme Court of Georgia or Court of Appeals of Georgia in accordance with an Act approved

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February 19, 1965, Ga. L. 1965, p. 18, as now or hereinafter amended. Section 3. If any part, section, sentence, clause or phrase of this Act is declared or adjudged unconstitutional or void, the General Assembly hereby declares that it would have enacted the remaining parts, sections, sentences, clauses or phrases and they shall be considered severable and not affected thereby. 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 13, 1973. CONVEYANCE OF LAND TO CITY OF AUGUSTA AUTHORIZED. No. 16 (Senate Resolution No. 103). A Resolution. Authorizing the conveyance of certain real property located in Richmond County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Richmond County, Georgia, which is currently under the control and jurisdiction of the Department of Human Resources; and Whereas, said real property consists of two tracts or parcels of land lying and being in the County of Richmond, State of Georgia, and being more particularly described as follows:

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TRACT ONE: Beginning at a point which is the intersection of the North R/W line of the U. S. Lock and Dam Road and the Eastern R/W line of New Savannah Road; thence, in a Northerly direction along the Eastern R/W line of New Savannah Road for a distance of one hundred forty-six and twenty-two one-hundredths feet to a point; thence, in a Northerly direction along the Eastern R/W line of New Savannah Road for a distance of forty-eight and eighty-two one-hundredths feet to a point; thence, North seventy-three degrees fifty minutes and forty-five seconds East for a distance of six hundred eleven and ninety one-hundredths feet to a point; thence, South twelve degrees East for a distance of twelve hundred seventy-seven and thirty-six one-hundredths feet to a point located on the Eastern R/W line of the U. S. Lock and Dam Road; thence, in a Northwesterly direction along the Northern R/W line of the U. S. Lock and Dam Road for a distance of six hundred eleven and twenty-five one-hundredths feet to a point; thence, North fifty-four degrees twenty-eight minutes West along the Northern R/W line of the U. S. Lock and Dam Road for a distance of six hundred sixty-three and seventy-one one-hundredths feet to a point and the point of beginning. Said parcel of land contains eight and eight hundred thirty-eight one-thousandths acres and is bounded on the North by property of the Georgia Training School for Mental Defectives; on the East by other property of the State of Georgia and on the South by the U. S. Lock and Dam Road and on the West by New Savannah Road. Said property is more clearly shown and defined as Parcel #3 on a plat prepared by Baldwin Cranston Associates, Inc. dated January 13, 1972.; and TRACT TWO: Beginning at a point where the center line of Butler Creek intersects the Eastern R/W of New Savannah Road; thence in an Easterly direction along the center line of Butler Creek for a distance of nine hundred seventy-five

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feet, more, or less, to a point located in the center line of Butler Creek; thence, South twelve degrees zero minutes East for a distance of nine hundred nine and twenty one-hundredths feet to a point; thence, South seventy-three degrees fifty minutes and forty-five seconds West for a distance of six hundred eleven and ninety one-hundredths feet to a point located on the Eastern R/W of New Savannah Road; thence, in a Northerly direction along the Eastern R/W of New Savannah Road for a distance of five hundred thirty-six and fifty-eight one-hundredths feet to a point; thence, North thirty-one degrees nineteen minutes West along the Eastern R/W of New Savannah Road for a distance of two hundred fifty-eight and eighteen one-hundredths feet to a point located in the center of Butler Creek and said point being the point of beginning. Said parcel of land contains ten and six hundred sixty-six one-thousandths acres and is bounded on the North by property of R. A. Prior; on the East by other property of the Georgia Training School for Mental Defectives; on the South by property of the State of Georgia and on the West by New Savannah Road. Said property is more clearly shown and defined as Parcel #2 on a plat prepared by Baldwin Cranston Associates, Inc. dated January 13, 1972.; and Whereas, the above described real property is no longer needed by the Department of Human Resources or the State of Georgia and is therefore surplus; and Whereas, the City of Augusta is desirous of obtaining said tracts of land for the purpose of expanding a runway at the city airport and installing an ILS which will enhance the economic growth of the City of Augusta, County of Richmond, and East 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 the hereinabove described tracts or parcels of land subject to the following conditions:

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(1) That said tracts or parcels of land shall be conveyed to the City of Augusta; and (2) That the conveyance of the said tracts 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 tracts or parcels of land, which shall be obtained by the State Properties Control Commission. Be it further resolved that the Governor, on behalf of the State of Georgia, is hereby authorized to execute all contracts, instruments and agreements necessary and convenient to effectuate the purposes of this Resolution. Approved April 13, 1973. CHEROKEE JUDICIAL CIRCUITINVESTIGATOR PROVIDED. No. 347 (House Bill No. 1220). An Act to provide for an investigator for the office of the District Attorney of the Cherokee Judicial Circuit; to provide for the powers, duties, term of office, payment of compensation and expenses 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. The District Attorney of the Cherokee Judicial Circuit is authorized to employ an investigator. The District Attorney shall fix the compensation to be received by said investigator, but such compensation shall not exceed twelve thousand dollars ($12,000.00) per annum, which compensation shall be paid in equal monthly or semi-monthly installments

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from the funds of the counties comprising said circuit in the portion which each county's population bears to the total population of the circuit. It shall be within the sole power and authority of said district attorney during his term of office to designate and name the person who shall be employed as the investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. The said investigator shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer and perform the same duties as may be performed by a sheriff. Investigator. Section 2. The expenses connected with the investigator as provided for herein shall be met out of county funds. The governing authorities of the counties comprising said circuit are 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 in the same manner as provided for in Section 1. Expenses. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the investigator for the Cherokee Judicial Circuit and to provide for the proration

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of the cost of such salary between the counties in the Cherokee Judicial Circuit. This 19 day of February, 1973. /s/ Joe Frank Harris Representative, 8th District /s/ Tom L. Shanahan Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: February 22, March 1, 8, 1973. /s/ Tom L. Shanahan Representative, 7th District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the investigator for the Cherokee Judicial Circuit and to provide for the proration

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of the cost of such salary between the counties in the Cherokee Judicial Circuit. This 19th day of Feb., 1973. /s/ J. Beverly Langford Senator, 51st District /s/ Tom L. Shanahan Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: February 21, 28, March 7, 1973. /s/ Tom L. Shanahan Representative, 7th District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.

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DRUGSPENALTY FOR POSSESSING ONE OUNCE OR LESS OF MARIJUANA REDUCED. Code 79A-9917 Amended. No. 348 (Senate Bill No. 14). An Act to amend Code Chapter 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to change the penalty for possession of one ounce or less of marijuana from imprisonment for a period not to exceed one year to imprisonment for a period not to exceed twelve months; 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 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, is hereby amended by striking the last sentence of Code section 79A-9917 in its entirety and inserting in lieu thereof a new paragraph, to read as follows: Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, and such person would have qualified for the conditional discharge provided for herein but for the fact that the judge chose not to avail himself of the authority granted by this Section or that the person violated the conditions imposed by the court, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed twelve months or a fine not to exceed $1,000, or both. Subsequent offenses shall be punished as provided by law. Penalty. 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 13, 1973. UNIFORM COMMERCIAL CODECLEARING CORPORATION REDEFINED. Code 109A-8-102 Amended. No. 349 (Senate Bill No. 18). An Act to amend Code Title 109A, known as the Uniform Commercial Code, approved February 27, 1962 (Ga. L. 1962, p. 156), as amended, particularly by an Act approved March 22, 1963 (Ga. L. 1963, p. 188) and an Act approved March 4, 1966 (Ga. L. 1966, p. 168), so as to redefine the term clearing corporation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 109A, known as the Uniform Commercial Code, approved February 27, 1962 (Ga. L. 1962, p. 156), as amended, particularly by an Act approved March 22, 1963 (Ga. L. 1963, p. 188) and an Act approved March 4, 1966 (Ga. L. 1966, p. 168), is hereby amended by striking subsection (3) of Code section 109A-8-102 in its entirety and inserting in lieu thereof a new subsection (3), to read as follows: (3) A `clearing corporation' is a corporation (a) at least ninety percent of the capital stock of which is held by or for one or more persons (other than individuals), each of whom Code 109A-8-102 amended. (i) is subject to supervision or regulation pursuant to the provisions of Federal or State banking laws or State insurance laws, or

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(ii) is a broker or dealer or investment company registered under the Securities Exchange Act of 1934 or the Investment Company Act of 1940, or (iii) is a national securities exchange or association registered under a statute of the United States such as the Securities Exchange Act of 1934, and none of whom, other than a national securities exchange or association, holds in excess of twenty percent of the capital stock of such corporation; and (b) any remaining capital stock of which is held by individuals who have purchased such capital stock at or prior to the time of their taking office as directors of such corporation and who have purchased only so much of such capital stock as may be necessary to permit them to qualify as such directors. 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 13, 1973. DEPARTMENT OF TRANSPORTATION AUTHORIZED TO ERECT CERTAIN DIRECTIONAL SIGNS. No. 17 (Senate Resolution No. 138). A Resolution. Authorizing and directing the State Department of Transportation to erect and maintain certain directional signs; and for other purposes.

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Whereas, the City of Columbus is the largest city in the United States which is not served by the interstate system of highways; and Whereas, there are two direct routes from Atlanta to Columbus; and Whereas, neither of these routes is properly marked with directional signs. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to erect and maintain appropriate interstate signs with arrows at I-285 and I-85 and at I-75 and Georgia State Route 85 indicating the proper route to Columbus. Be it further resolved that the Secretary of the Senate is hereby instructed to forward an appropriate copy of this Resolution to the Director of the State Department of Transportation and to each member of the State Board of Transportation. Approved April 13, 1973. GEORGIA RECORDS ACT AMENDEDCERTAIN DEFINITIONS PROVIDED. No. 350 (Senate Bill No. 21). An Act to amend an Act known as the Georgia Records Act, approved April 7, 1972 (Ga. L. 1972, p. 1267), so as to include authorities in the definition of the term agency; to provide a definition of the term vital records; to limit access to personal files; to allow courts to adopt the provisions of this Act as a basis for the conduct of a records management program; to prohibit the destruction or alienation of court records except in accordance with

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this 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 Records Act, approved April 7, 1972 (Ga. L. 1972, p. 1267), is hereby amended by striking section 2(c) in its entirety and substituting in lieu thereof a new section 2(c), to read as follows: (c) `Agency' means any State office, department, division, board, bureau, commission, authority or other separate unit of State government created or established by law. Agency defined. Section 2. Said Act is further amended by adding at the end of section 2, a new subsection, to be designated subsection (f), to read as follows: (f) `Vital Records' means any record vital to the resumption or continuation of operations, or both, to the recreation of the legal and financial status of government in the State, or to the protection and fulfillment of obligations to citizens of the State. Vital Records defined. Section 3. Said Act is further amended by adding at the end of section 10(a), the following: Access to personal files of Constitutional officers shall be at the discretion of the office holder., so that when so amended, section 10(a) shall read as follows: (a) Title to any record transferred to the Georgia State Archives as authorized by this Act shall be vested in the Department. Access to personal files of Constitutional officers shall be at the discretion of the office holder. Constitutional officers' records. Section 4. Said Act is further amended by striking section 11 in its entirety and substituting in lieu thereof, the following:

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Section 11. Local governments are hereby authorized by appropriate resolution or ordinance of the governing authority to adopt and utilize the State rules and regulations as a basis for establishing a records management program. Any court in this State is hereby authorized to adopt and utilize the State rules and regulations as a basis for the conduct of a records management program. No records in the custody of any court in this State shall be aliened or destroyed except in accordance with the provisions of this Act. Authority to adopt rules. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CIVIL PRACTICE ACTEXECUTIONS AUTHORIZED AFTER JUDGMENT ON AGREEMENT. No. 351 (Senate Bill No. 39). An Act to amend an Act comprehensively and exhaustively revising, superseding and modernizing pre-trial, trial and certain post trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 689), so as to provide that if both the plaintiff or plaintiffs and the defendant or defendants agree, in writing, and file a copy of such agreement with the clerk of the court, execution may issue and enforcement proceedings may be taken at any time after entry of judgment; 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 pre-trial, trial and certain post trial procedures in civil cases, approved March 18, 1966 (Ga. L. 1966, p. 609), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 689), is hereby

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amended by adding at the end of the first sentence of subsection (a) of section 62 of said Act the following: ,and except that in any case in which both the plaintiff or plaintiffs and the defendant or defendants agree, in writing, and file a copy of such agreement with the clerk of the court, 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, and except that in any case in which both the plaintiff or plaintiffs and the defendant or defendants agree, in writing, and file a copy of such agreement with the clerk of the court, 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. Executions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

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TITLE TO FRENCH BOXCAR AUTHORIZED TO BE CONVEYED TO FULTON COUNTY VOITURE, LA SOCIETE DES 40 HOMMES ET 8 CHEVAUX, INC., DEPARTMENT OF GEORGIA. No. 18 (Senate Resolution No. 152). A Resolution. Authorizing the Governor to transfer certain property to Fulton County Voiture 217, La Societe Des 40 Hommes Et 8 Chevaux, Inc., Department of Georgia, a nonprofit Georgia corporation; and for other purposes. Whereas, the 40 and 8 Society is a fraternal, charitable and nonprofit organization whose membership is composed of members whose accomplishments in The American Legion have proven them worthy of membership in the 40 and 8 Society; and Whereas, the State organization of the 40 and 8 Society is known as the Grande Voiture, Department of Georgia, La Societe Des Quarante Hommes Et Huit Chevaux; and Whereas, the name of the local (Fulton County) organization of the 40 and 8 Society is Fulton County Voiture Locale 217, La Societe Des 40 Hommes Et 8 Chevaux, Inc., Department of Georgia, a nonprofit Georgia corporation; and Whereas, after World War II, under the sponsorship of Drew Pearson and others, a Freedom Train loaded with needed necessities was sent by the people of the United States to the people of France; and Whereas, in appreciation for the gifts on the Freedom Train during the administration of Governor Herman E. Talmadge, the people of France and the National Railways of France sent a Gratitude Train consisting of a

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French Boxcar containing gifts from France for each State in the United States; and Whereas, the French Boxcar was placed in the custody of the Grande Voiture, Department of Georgia, La Societe Des Quarante Hommes Et Huit Chevaux by Governor Herman E. Talmadge; and Whereas, the custody of said French Boxcar has been placed in the custody of Fulton County Voiture 217, La Societe Des 40 Hommes Et 8 Chevaux, Inc., Department of Georgia, a nonprofit Georgia corporation; and Whereas, the aforesaid French Boxcar is badly deteriorated, the wood flooring is decayed, the wood siding is decayed and the wood roof is decayed so badly that it has fallen in; and Whereas, the members of Fulton County Voiture 217 are desirous of restoring and preserving the French Boxcar because it is the symbol of their organization and is a historic relic; and Whereas, considerable expense will be incurred in restoring the French Boxcar; and Whereas, no title to said French Boxcar has ever passed since it reached the United States. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor acting for and in behalf of the State of Georgia be and he is hereby authorized to transfer the interest of the State of Georgia in and to said French Boxcar to Fulton County Voiture Locale 217, La Societe Des 40 Hommes Et 8 Chevaux, Inc., Department of Georgia, a nonprofit Georgia corporation. Approved April 13, 1973.

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PARENT AND CHILDILLEGITIMATEPROVISION MADE FOR SUPPORT BY ACCUSED FATHER, ETC. Code Chapter 74-3 Repealed. Code 74-9902 Amended. No. 352 (Senate Bill No. 48). An Act to repeal Code Chapter 74-3, relating to bastardy proceedings, as amended, and to provide in cases where an accused father of an illegitimate child has been convicted of abandonment, that he shall be required by the court to pay the mother's reasonable medical expenses due to the birth of the child; to provide that the accused father may settle his obligation to support by a written agreement with the mother providing for regular periodic payments, provided such agreement be approved by the court; to provide that upon the trial of the accused father for abandonment of the minor child it shall be no defense that the accused father has never supported the child; to provide for blood tests and the admissibility of the results of same in prosecutions of accused fathers under this Section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 74-3, relating to bastardy proceedings, as amended, which reads 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,

Page 698

whichever occurs first, or to discover on oath the father of the child. Code Chaptert 74-3 repealed. 74-302. Proceedings against the father.When the woman shall be brought before the justice of the peace, if she discovers on oath the father of the child, the justice of the peace shall issue a warrant, directed as before, requiring that the person thus sworn to be the father of the child so born, or to be born, shall be brought before him, which warrant said officers shall execute. 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 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. 74-304. How and where bonds are to be returned.The justice of the peace before whom the bond shall be taken shall return to the ordinary of the county in which such female shall reside, within 30 days after the same is taken. 74-305. Action on bond; judgment.It shall be the duty of the ordinary, when any child has or shall become chargeable to the county where a bond is taken, to institute an action on it; and he shall recover the full amount of the bond, which judgment shall remain open and be subject to be appropriated by the courts, from time to time, as the situation and exigencies of the illegitimate child may require. 74-306. Proceedings when woman refuses to disclose father.If, when the woman shall be brought before the

Page 699

justice of the peace, she shall refuse to discover on oath the father of the child, or give security to appear before the next superior or county court and give such security as may be then and there required of her by the court for the education and maintenance of the child as mentioned in section 74-301, the justice shall commit her as provided in section 74-303, and if she shall refuse to make known to said court the father of the child or give security as aforesaid, the court may imprison her not exceeding three months. 74-307. Either party may make defense.Either party, when charged as mentioned in this Chapter, may offer exculpatory affidavits, or testimony to the justice of the peace, who may exercise his discretion, after due inquiry being had, to discharge or bind over both or either of the parties in conformity with this Chapter. is hereby repealed in its entirety. Section 2. Code Section 74-9902, relating to abandonment of minor children, is hereby amended by adding to the end thereof the following: In prosecutions under this Section, when the child is illegitimate, and the accused father is convicted, the accused father shall be required by the court to pay the reasonable medical expenses paid by or incurred on behalf of the mother due to the birth of the child. Code 74-9902 amended. The accused father and the mother of the illegitimate child may enter into a written agreement providing for future support of the child by regular periodic payments to the mother until such child reaches age 18 years, marries, or becomes self-supporting; provided, however, such agreement shall not be binding on either party until it has been approved by the court having jurisdiction to try the pending cause. Upon the trial of the accused father under this Section, it shall be no defense that the accused father has never supported the child.

Page 700

In prosecutions under this Section, when the child is illegitimate, the venue of the offense shall be in the county in which the child and the mother are domiciled at the time of the swearing out of the arrest warrant, but if the child and the mother are domiciled in different counties, venue shall be in the county in which the child is domiciled. The accused father may request a paternity blood test and agree and arrange to pay for same; the results of said paternity blood test shall be admissible in evidence on the issue of paternity whether tendered by the State or the accused father in any court of competent jurisdiction. In the event the accused father requests such a paternity blood test, the mother shall be required to submit herself and the child to such paternity blood test, the results of which shall be admissible in evidence as provided above. In the event the mother shall refuse to submit herself and child to such paternity blood test, this fact shall be admissible in evidence upon the trial of the case. The said paternity blood test and report of the results thereof shall only be made by a physician, pathologist or medical laboratory designated or approved by the prosecuting officer having jurisdiction and authority to prosecute the said charge. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. COUNTY BOARDS OF EDUCATIONMEETINGS. Code 32-908 Amended. No. 353 (Senate Bill No. 57). An Act to amend Code Section 32-908 relating to meetings of the county boards of education, as amended by an Act approved March 9, 1955 (Ga. L. 1955, p. 625), so as to

Page 701

change the provisions relative to such meetings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-908 relating to meetings of the county boards of education, as amended by an Act approved March 9, 1955 (Ga. L. 1955, p. 625), is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 32-908 to read as follows: 32-908. Sessions. It shall be the duty of each county board of education to hold a regular meeting during each calendar month at the county seat for the transaction of business pertaining to the public schools. Any such meeting may be adjourned from time to time, and in the absence of the president or secretary, the members of the board may appoint one of their own number to serve temporarily. The county board of education shall annually determine the date of the meeting of said board and shall publish same in the official county organ for two consecutive weeks following the setting of said date; provided, however, that said date shall not be changed more often than once in 12 months, and if changed, the new date shall also be published as herein provided. Code 32-908 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. STATE COMMISSION ON COMPENSATIONCERTAIN SALARIES INCREASED. No. 354 (Senate Bill No. 108). An Act to provide for the compensation and allowances of certain State officials; to provide for 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. The State Commission on Compensation, which was created by Act No. 56 at the 1971 session, has filed its report, and, pursuant to said Act, its recommendations are contained herein. Unless specifically stated otherwise, the State officials designated in this Act shall not receive from State funds any compensation, salary, contingent expense allowance, longevity pay or allowance of any kind other than that specified or provided for herein. The annual salary for each such official shall be paid in equal monthly or semi-monthly installments. Section 2. The annual salary of each of the State officials listed below shall be as follows: (1) Governor $50,000 An allowance of $25,000 shall also be provided for the operation of the Governor's Mansion. (2) Lieutenant Governor 25,000 (3) Adjutant General The Adjutant General shall continue to receive the pay and allowances under the same procedure as provided by law. (4) Commissioner of Agriculture 35,000 (5) Attorney General 40,000 (6) State Auditor 32,500 (7) Comptroller General 35,000 (8) Director of Corrections 32,500 (9) Commissioner of Labor 35,000 This shall include any compensation received from the United States Government and the amount of State funds paid shall be reduced by the amount received from the United States Government. (10) Each member of the Board of Pardons Paroles 30,000 (11) Each member of the Public Service Commission 35,000 (12) State Revenue Commissioner 32,500 (13) State Superintendent of Schools 35,000 (14) Secretary of State 35,000 (15) State Treasurer 22,500 (16) Director of Veterans Service 32,000 This shall include any compensation received from the United States Government and the amount of State funds paid shall be reduced by the amount received from the United States Government. (17) Commissioner of Department of Banking and Finance 32,500 (18) Commissioner of Department of Administrative Services 32,500 (19) Each Justice of the Supreme Court 40,000 (20) Each Judge of the Court of Appeals 39,500 (21) Each Superior Court Judge 32,500 Each Superior Court Judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each Superior Court Judge shall also receive reimbursement of travel expenses as provided by law. (22) Each District Attorney 28,000 Each District Attorney shall also receiveany supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each District Attorney shall also receive reimbursement of travel expenses as provided by law. (23) Each member of the General Assembly Each member of the General Assembly shall also receive the allowances provided by law except that in lieu of the $25 per day now provided as an expense allowance each member shall receive the sum of $36 per day. 7,200 (24) Speaker of the House of Representatives 17,800 The Speaker shall also receive the salary and allowance authorized as a member of the General Assembly. (25) President Pro Tempore of the Senate The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly. 2,800 (26) Speaker Pro Tempore of the House of Representatives 2,800 The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. (27) Secretary of the Senate 17,500 (28) Clerk of the House of Representatives 17,500

Page 704

Section 3 . Except as hereinafter provided, each State official designated in Section 2 shall be reimbursed from State funds for actual transportation costs while travelling by public carrier, the legal mileage rate for use of a personal automobile, and the actual cost of lodging and meals while away from his office on official State business. The above provisions shall not apply to the Adjutant General,

Page 705

Superior Court Judges, District Attorneys, members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, all of whose expenses and allowances shall be paid as provided for in Section 2. The above provisions shall not apply to the Secretary of the Senate or the Clerk of the House of Representatives during sessions of the General Assembly. During such sessions, allowances for the Secretary of the Senate and for the Clerk of the House of Representatives shall be fixed as provided by law. The above provisions shall not apply to the Lieutenant Governor during sessions of the General Assembly. During such sessions, the Lieutenant Governor shall receive the sum of $36 per day as an expense allowance plus reimbursement for actual transportation costs while travelling by public carrier and the legal mileage rate for use of a personal automobile. No official provided for in this Act shall be reimbursed from State funds for any transporation, mileage, lodging or meals for which he is reimbursed from funds other than State funds. Section 4 . Each member of the Boards and Commissions listed hereinafter shall receive the sum of $36 per diem for each day such member is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while travelling by public carrier, or the legal mileage rate for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any per diem, allowance or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Section shall be applicable are as follows: (1) State Board of Education (2) State Medical Education Board (3) Board of Regents (4) State Board of Corrections

Page 706

(5) State Personnel Board (6) Board of Commissioners of the Department of Community Development (7) Board of Natural Resources (8) Board of Human Resources (9) Judicial Qualifications Commission (10) Veterans Service Board (11) State Transportation Board. Section 5. This entire Act shall become effective July 1, 1973, unless the provisions of any federal law or the provisions of any rules, regulations or orders promulgated or issued pursuant to federal law prevent it from becoming effective on said date. In that event, this entire Act shall become effective as soon after said date as will be permitted by such federal law or such rules, regulations or orders. In the event the entire amount of any increase for one or more of the officials designated herein shall be prevented from becoming effective on said date, any portion thereof which is allowed shall become effective on the above date or as soon as permitted. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAACT AMENDEDCERTAIN SEPARATE RECORDS AUTHORIZED. No. 355 (Senate Bill No. 113). An Act to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 54), and an

Page 707

Act approved April 18, 1967 (Ga. L. 1967, p. 751), so as to provide for the establishment of a separate record of certain accumulated contributions by those members of Division B who have not elected to transfer to Division A; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 54), and an Act approved April 18, 1967 (Ga. L. 1967, p. 751), is hereby amended by adding at the end of 1. (a)(1)i. of the unnumbered section added by the aforesaid 1956 amendment, the following: Those members of Division `B' that have not elected to transfer to Division `A' shall have the equivalent of 2% of the first $4,200.00 annual wages contributed by them which would have otherwise been used for Social Security contributions, established as a separate record and such accumulated contributions may be used to provide an additional annuity upon said employee's retirement or a lump sum payment at retirement whenever the Division `B' benefits are computed on the simplified benefit tables as provided in Section VI, subsection (7) of the law governing the Employees' Retirement System of Georgia., so that when so amended, i. shall read as follows: i. Each member of Division `B' who elects to transfer to Division `A' shall pay to the Employees' Retirement System a lump sum amount representing all employee retroactive contributions in excess of two per cent (2%) of the first $4,200.00 annual wages as those retroactive contributions are required by the Social Security Act to permit Social Security coverage to be extended to members of Division `B'.

Page 708

Those members of Division `B' that have not elected to transfer to Division `A' shall have the equivalent of 2% of the first $4,200.00 annual wages contributed by them which would have otherwise been used for Social Security contributions, established as a separate record and such accumulated contributions may be used to provide an additional annuity upon said employee's retirement or a lump sum payment at retirement whenever the Division `B' benefits are computed on the simplified benefit tables as provided in Section VI, subsection (7) of the law governing the Employees' Retirement System of Georgia. 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 13, 1973. STATE EMPLOYEESCERTAIN REIMBURSEMENT FOR TRANSFER OF HOUSEHOLD GOODS PROVIDED, ETC. No. 356 (Senate Bill No. 131). An Act to provide that State employees may be reimbursed by a State agency for transportation of household goods and incident expenses incurred during change of residence as a result of an action by the department requiring transfer from one part of the State to another; to provide for certain conditions; to provide for rules and regulations covering such reimbursement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any law, rule or regulation to the contrary, a State department may reimburse an employee

Page 709

of State government for expenses incurred for transportation of household goods and expenses incident to change of residence from one part of the State to another as a result of an action of the State department requiring such relocation when such action is in the best interest of the department. Section 2. Before the reimbursement of such expenses to transferred employees may take place, the following conditions must be satisfied: (a) The department which employs the person transferred must certify that the move was in the best interest of the department and that the expenses incurred are reasonable and proper. (b) The employee must sign an agreement that he will remain employed by the department in the location to which the move was made for a period of not less than one year following the effective date of the move, unless separated or transferred for reasons beyond his control and acceptable to the department concerned. In case of violation of such agreement, any funds expended by the State of Georgia for expense reimbursement will be recoverable from the employee concerned as a debt due the State of Georiga. Section 3. The Office of Planning and Budget shall establish such rules, regulations and policies as are necessary to administer such a program of reimbursement for all State employees. Rules. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. COUNTY BOARD OF TAX ASSESSORSCERTAIN APPEALS PROVIDED. No. 357 (Senate Bill No. 154). An Act to amend an Act approved April 6, 1972, (Ga. L. 1972, p. 1094, et seq.), relating to the review and appeal

Page 710

of assessments made by county boards of tax assessors so as to provide for an appeal of the decision of the county board of equalization to the superior court of the county in which the property lies by either the taxpayer or the board of tax assessors under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 6, 1972, (Ga. L. 1972, p. 1094, et seq.), relating to the review and appeal of assessments made by county boards of tax assessors is hereby amended by striking paragraph (A) of Section 6 of said Act in its entirety and inserting in lieu thereof a new paragraph (A) to read as follows: (A) The taxpayer or the county board of tax assessors may appeal to the superior court of the county in which the property lies from the decisions of the county board of equalization. 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 13, 1973. COBB JUDICIAL CIRCUITSTATE LIBRARIAN TO FURNISH LAW BOOKS FOR NEW JUDGE. No. 20 (House Resolution No. 76-251). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Cobb Judicial Circuit; and for other purposes.

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Whereas, under the provisions of an Act approved April 7, 1972 (Ga. L. 1972, p. 1244), an additional judge was added to the Superior Court of the Cobb Judicial Circuit; and Whereas, the Honorable James L. Bullard has been elected to this judgeship and will take office on January 1, 1973; and Whereas, there are no law books currently available for the use of said judge, and such books are necessary in transacting the business of the court and of said circuit. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Cobb Judicial Circuit a complete set of Georgia Supreme Court Reports and a complete set of Georgia Court of Appeals Reports for the use of said judge. Be it further resolved that if the State Librarian is unable to furnish all of such books, the Governor is hereby authorized to draw his warrant on the State Treasury in the amount required to purchase said books. Approved April 13, 1973. GAME AND FISHAPPAREL FOR DEER HUNTERSCOLOR REQUIREMENT PROVIDED. No. 358 (Senate Bill No. 156). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide for the safety of the citizens of Georgia and visitors to the State in connection with hunting for deer during the open

Page 712

season for firearms; 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 game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by adding a new paragraph at the end of section 14, to be designated paragraph 10, and to read as follows: 10. To prescribe outer apparel for wear by hunters while hunting deer which will contain not more than 500 square inches of blaze orange color. Color. 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 13, 1973. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDCERTAIN BOND PROVISIONS CHANGED. No. 359 (Senate Bill No. 196). An Act to amend an Act entitled the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved April 11, 1967 (Ga. L. 1967, p. 450), so as to change the provisions relative to the bond filed with the Commissioner in connection with the issuance of a certificate of title; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 713

Section 1. An Act entitled the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved April 11, 1967 (Ga. L. 1967, p. 450), is hereby amended by striking from section 12A the words, one and one-half times, so that when so amended section 12A shall read as follows: Section 12A. If the Commissioner is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the Commissioner may register the vehicle but shall either: (a) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the Commissioner as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or (b) as a condition of issuing a certificate of title, require the applicant to file with the Commissioner a bond in the form prescribed by the Commissioner and executed by the applicant and either accompanied by the deposit of cash with the Commissioner, or also executed by a bonding, surety or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vehicle as determined by the Commissioner and payable to the Commissioner for the benefit of any prior owner, lienholder, or security interest holder, and any subsequent purchaser of the vehicle or person acquiring any security interest or lien in it, and their respective successors in interest, against any expense, loss or damage, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. The Commissioner shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of four (4) years or prior thereto if the vehicle is no longer registered in this State and the currently valid certificate of title is surrendered to the Commissioner, unless the Commissioner has been notified of a breach of a condition of the bond. Bond.

Page 714

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. FIDUCIARIESSECURITIES MAY BE DEPOSITED IN SECURITIES DEPOSITORY, ETC. No. 360 (Senate Bill No. 203). An Act to authorize fiduciaries, banks and trust companies acting as custodians, managing agents or custodians for fiduciaries to deposit securities held in such capacities in a securities depository or clearing corporation; to provide the procedures connected therewith; to provide for applicability; 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) Any fiduciary holding securities in its fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary, is authorized to deposit or arrange for the deposit of such securities in a clearing corporation (as defined in Article 8 of the Uniform Commercial Code). When such securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of such clearing corporation with any other such securities deposited in such clearing corporation by any person regardless of the ownership of such securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of such fiduciary and the records of such bank or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Title to such securities may be transferred by bookkeeping entry on the books of such

Page 715

clearing corporation without physical delivery of certificates representing such securities. A bank or trust company so depositing securities pursuant to this Act shall be subject to such rules and regulations as, in the case of state chartered institutions, the commissioner of banking and finance and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such bank or trust company in such clearing corporation for the account of such fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary's account or on demand by the attorney for such party, certify in writing to such party the securities deposited by such fiduciary in such clearing corporation for its account as such fiduciary. (b) This Act shall apply to any fiduciary holding securities in its fiduciary capacity, and to any bank or trust company holding securities as a custodian, managing agent or custodian for a fiduciary, acting on the effective date of this Act or who thereafter may act regardless of the date of the agreement, instrument or court order by which it is appointed and regardless of whether or not such fiduciary, custodian, managing agent or custodian for a fiduciary owns capital stock of such clearing corporation. 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 13, 1973.

Page 716

GRAND JURYSPECIAL CHARGES PROVISIONS REPEALED. Code Chapter 59-6 Repealed. No. 361 (Senate Bill No. 206). An Act to repeal Code Chapter 59-6, relating to special charges to the grand jury, as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 59-6, relating to special charges to the grand jury, as amended, which reads as follows: Chapter 59-6. Special Charges to Grand Jury 59-601 Enumeration of subjects on which charges to be given. The judge of the superior court shall, at each term of said court in every year, give specially in charge to the grand jury the law as to: Code Chapter 59-6 repealed. Gaming, sections 26-6401, 26-6403 to 26-6406. Forestalling, regrating, and engrossing, section 26-7404. Carrying deadly weapons, section 26-5101. Vending near camp grounds, section 26-6912. (Acts 1871-2, p. 55.) Interfering with religious worship, section 26-6901. (Acts 1871-2, p. 55.) Requiring railroads to furnish water and light on trains, sections 18-206, 18-211, 18-9907, 18-9908. (Acts 1863-4, p. 132.) Illegal sale of narcotic drugs, section 42-9917.

Page 717

Duty of clerks to record papers, section 24-2714. Requiring officers to make inventories of public property, sections 91-801 to 91-806. (Acts 1882-3, p. 126.) Requiring tax collector to lay before the grand jury returns of special taxes collected, section 92-4908. Inspection of jails, section 59-315. (Acts 1887, p. 102.) Obstructing officers in executing sentence, sections 26-4402, 26-5102. (Acts 1895, p. 69.) Requiring grand jurors to examine pension rolls, section 59-316. (Acts 1890-1, p. 204.) The forest fire protection laws, Chapter 26-36. (Acts 1931, Extra. Sess., p. 130; 1956, pp. 737, 739.) Protection of game and fish, Title 45, Game and Fish. (Acts 1911, p. 137.) At each fall term he shall charge as to: Requiring grand jurors to fix the pay of jurors and court bailiffs in the superior courts and jurors in the city courts, section 59-120. (Acts 1878-9, p. 191; 1890-1, p. 80.) When necessary, he shall call the attention of the grand jury to the duties required of ordinaries in sections 23-1503, 23-1701 to 23-1704, 91-602, 91-701, 91-702 and to violations of sections 26-3919 and 26-3920, as to issuing unauthorized currency. In counties where such institutions are located, he shall charge the laws as to: Issuing unlawful diplomas by medical colleges, sections 84-907, 84-9914. (Acts 1884-5, p. 63.)

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Protection of inmates of private insane asylums, sections 26-1504, 88-516. (Acts 1890-1, p. 238; 1892, p. 110.) is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. EXECUTORSAUTHORIZED INVESTMENTSCERTAIN DEFINITIONS EXPANDED. No. 362 (Senate Bill No. 213). An Act to amend an Act relating to authorized investments of executors and trustees, approved March 27, 1972 (Ga. L. 1972, p. 450), so as to define the terms property and investment as used in the said Act to include life insurance, endowment and annuity contracts issued by any insurer authorized to do business in the State of Georgia; 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 authorized investments of executors and trustees, approved March 27, 1972 (Ga. L. 1972, p. 450), is hereby amended by adding to the end of section 2 of said Act the following sentence: The terms `property' and `investment' as used herein shall be deemed to mean and include life insurance, endowment and annuity contracts issued by any insurer authorized to do business in the State of Georgia., so that, as amended, section 2 will read as follows: 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

Page 719

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. The terms `property' and `investment' as used herein shall be deemed to mean and include life insurance, endowment and annuity contracts issued by any insurer authorized to do business in the State of Georgia. Definitions. 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 13, 1973. SCHOOLSLOITERING PROHIBITED, ETC. No. 363 (Senate Bill No. 232). An Act to provide that it shall be unlawful for any person to loiter and remain upon the premises of any public or private school when such person has no legitimate need to be present thereon; to provide the procedures connected

Page 720

therewith; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to loiter upon the premises of any public or private school in this State or to remain upon such premises when that person does not have a legitimate cause or need to be present thereon. Each principal of each public or private school in this State shall have the authority to exercise such control over the buildings and grounds upon which a school is located, so as to prohibit any person from loitering upon such premises who does not have a legitimate need or cause to be present thereon. Crime. Section 2. Any person who shall not have any legitimate cause or need to be present upon the premises of any public or private school in this State who shall wilfully fail to remove himself from such premises after the principal of said school shall request him to do so 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. Approved April 13, 1973. DEPARTMENT OF TRANSPORTATIONAUTHORIZED TO ADMINISTER GRANT PROGRAMS, ETC. No. 367 (Senate Bill No. 249). An Act authorizing the Department of Transportation to establish and administer grant programs for the betterment of mass transportation systems and facilities throughout the State; to provide for definitions; to provide for State grants to municipalities, counties, area planning and development commissions, authorities, and

Page 721

agencies and instrumentalities of the State for certain mass transportation purposes; to provide for conditions and procedures connected therewith; to provide for rules and regulations; to provide for cooperation with other agencies; 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 following terms, whenever used or referred to in this Act, shall have the following meanings, except in those instances where the context clearly indicates a different meaning: (a) Commissioner shall mean the Commissioner of the Department of Transportation. Definitions. (b) Department shall mean the Department of Transportation. (c) Mass transportation shall include transportation which is appropriate, in the judgment of the Department, to transport people and/or commodities, by bus, rail or other conveyance, serving the general public. (d) Project grant shall mean and include the State's share of cost of carrying out a particular project. Section 2. Subject to general appropriations for such purposes, the Department is hereby authorized, within the limitations hereinafter provided, to provide to municipalities, counties, area planning and development commissions, authorities, and agencies and instrumentalities of the State: (a) Financial support for research, by contract or otherwise, concerning mass transportation. (b) Project grants to supplement Federal or Federal and local funds for use: (i) for the purpose of studies, analysis, planning and development of programs for mass transportation service and facilities;

Page 722

(ii) to provide for research, development and demonstration projects in all phases of mass transportation; (iii) to provide for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and (iv) to provide for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation. Section 3. (a) The governing bodies of municipalities, counties, area planning and development commissions, authorities and agencies of the State may, by formal resolution, apply to the Department for grant funds provided by this Act. If such action is taken by any such governing body, a certified copy of the resolution shall be forwarded to the Department with a proposal of the governing body which shall set forth the use to be made of grant funds and the amount of funds required. (b) The Department shall give preference to any proposal which will assist in carrying out a plan, meeting criteria established by the Department, for a unified or officially coordinated transportation system as a part of the comprehensively planned development of the area. (c) The use of funds shall be for the purposes set forth in this Act, and without limiting the generality of the foregoing, may be used for local contributions required by the Federal Urban Mass Transportation Act of 1964, as amended, or other Federal law concerning mass transportation. (d) The Department shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this Act may with the approval of the Commissioner, enter into a grant agreement subject to the condition that the grant be used in accordance with the terms of the proposal. (e) The time of payment of the grant and any conditions concerning such payment shall be set forth in the grant agreement.

Page 723

Section 4. In order to effectuate and enforce the provisions of this Act, the Department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes for which grants may be made hereunder. Rules. Section 5. The Department is directed to administer this program with such flexibility as to permit full cooperation between Federal, State and local governments, agencies and instrumentalities, so as to result in an effective and economical program. Section 6. Provided, that no portion of the funds from motor fuel taxes shall be used for carrying out intent of this Act. 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 13, 1973. GWINNETT JUDICIAL CIRCUITSTATE LIBRARIAN TO FURNISH CERTAIN LAW BOOKS TO JUDGE AND DISTRICT ATTORNEY. No. 22 (House Resolution 201-779). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the judge and district attorney of the Superior Court of the Gwinnett Judicial Circuit; and for other purposes.

Page 724

Whereas, under the provisions of an Act approved March 27, 1972 (Ga. L. 1972, p. 497), an additional judge was provided for the Superior Court of the Gwinnett Judicial Circuit; and Whereas, said judge does not have a set of Georgia Supreme Court Reports and Georgia Court of Appeals Reports readily available to him for his use; and Whereas, the district attorney of the Gwinnett Judicial Circuit likewise does not have a complete set of Georgia Supreme Court Reports and Georgia Court of Appeals Reports; and Whereas, said books are necessary for the judge and district attorney to transact the business of the court and that of the county and the State. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the recently created judge of the Superior Court of the Gwinnett Judicial Circuit a complete set of Georgia Supreme Court Reports and Georgia Court of Appeals Reports, and to furnish the district attorney of the Gwinnett Judicial Circuit with copies of Volumes 1 through 126 of the Georgia Supreme Court Reports and Volumes 1 through 102 of the Georgia Court of Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the above-mentioned books, the Governor is hereby authorized to draw his warrant for the amount required to purchase the same, on any funds appropriated or available for such purpose. Approved April 13, 1973.

Page 725

CRIMINAL PROCEDUREREWARD FOR CONVICTION OF DRUG SELLERS INCREASED, ETC. Code 27-101.2 Amended. No. 368 (Senate Bill No. 251). An Act to amend Code Section 27-101.2, relating to rewards for arrest and conviction of drug sellers, so as to increase the reward for furnishing information leading to the arrest and conviction of a person who is charged with selling narcotic drugs under Code section 79A-803, as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-101.2, relating to rewards for arrest and conviction of drug sellers, is hereby amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) Any person, other than a law enforcement officer, who furnishes information leading to the arrest and conviction of a person who is charged with selling dangerous drugs under Code section 79A-703 may receive a reward of up to $500.00 which shall be payable at the time the conviction becomes final. Any person, other than a law enforcement officer who furnishes information leading to the arrest and conviction of a person who is charged with selling a narcotic drug under Code section 79A-803 or who is charged with selling drugs under both Code Sections, may receive a reward of $1,000.00 which shall be payable at the time the conviction becomes final. The Governor, at his discretion, may pay such reward to any such person from funds appropriated or otherwise available to the Executive Branch of the State Government. Code 27-101.2 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

Page 726

GRAND JURORSCERTAIN PUBLIC OFFICIALS NOT AUTHORIZED TO SERVE. Code 59-201 Amended. No. 369 (Senate Bill No. 252). An Act to amend Code Section 59-201, relating to the qualifications of grand jurors, as amended, so as to provide that all elected public officers and officials shall not be eligible to serve as grand jurors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-201, relating to the qualifications of grand jurors, as amended, is hereby amended by inserting between the words that and county the following: all elected public officers and officials,, so that when so amended, Code section 59-201 shall read as follows: 59-201. Qualifications of grand jurors; incompetency of certain public officers to serve. All citizens of this State, above the age of 21 years, being neither idiots, lunatics, nor insane, who have resided in the county for six months preceding the time of serving, and who are the most experienced, intelligent, and upright persons, are qualified and liable to serve as grand jurors, unless exempted by law: Provided, however, that all elected public officers and officials, county commissioners, tax receivers, tax collectors, members of the county board of education, county school commissioners, ordinaries, and county treasurers shall be incompetent to serve as grand jurors during their respective terms of office. Code 59-201 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.

Page 727

CRIMESHARVESTING OF SEA OATS PROHIBITED. No. 370 (Senate Bill No. 255). An Act to prohibit cutting, harvesting, removing or eradicating sea oats; to provide for a statement of purpose; 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. It is the purpose of this Act to protect the beaches and shores of the State from erosion by preserving natural vegetative cover to bind the sand of such beaches and shores. Purpose. Section 2. It is unlawful for any purpose to cut, harvest, remove, or eradicate any of the grass commonly known as sea oats or uniola paniculata from any public land of this State or from any private land without the consent of the owner of such land or the persons having lawful possession thereof. Crime. Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. BOARD OF PARDONS AND PAROLESRULES AUTHORIZED FOR REMOVAL OF MEMBERS, ETC. No. 371 (Senate Bill No. 275). An Act to authorize the Governor, Lieutenant Governor, and Attorney General to promulgate rules and regulations pertaining

Page 728

to the removal for cause of members of the Board of Pardons and Paroles, if additional members are added to the Board by the General Assembly as provided in Article V, Section I, Paragraph XI of the Constitution, as amended; to define certain terms; 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. When used in this Act, unless the context requires otherwise: (a) Board shall mean the Board of Pardons and Paroles. Definitions. (b) Committee or removal committee shall mean the Governor, Lieutenant Governor, and Attorney General exercising the powers granted to them under Article V, Section I, Paragraph XI of the Constitution of the State of Georgia. (c) Member shall mean any additional members added to the Board of Pardons and Paroles by the General Assembly, any successors to present members, and all members of the Board who are subsequently appointed to fill vacancies. Section 2. The removal committee is authorized to promulgate rules and regulations pertaining to the removal for cause of members of the Board of Pardons and Paroles. Rules. Section 3. Rules and regulations promulgated by the Committee may include, but are not restricted to, the procedures to be observed in removing members of the Board for cause and determinations as to what conduct by a Board member shall be cause for removal. Section 4. The removal committee is not an agency within the meaning of section 2(a) of the Georgia Administrative Procedure Act (Ga. L. 1968, pp. 338, 340), and the Georgia Administrative Procedure Act shall not be applicable to the removal committee.

Page 729

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 13, 1973. UNEMPLOYMENT COMPENSATION LAWDEFINITIONS CHANGED, ETC. No. 372 (Senate Bill No. 284). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806 et seq.), as amended, (now Employment Security Law), so as to correct printing errors; to change words that are incorrect; to change certain definitions; to increase the limitation for claims appeals; to provide qualifications for suitability of employment referrals; to establish a temporary tax rate for certain employers; to clarify noncharging provisions; to conform securities deposits to Federal requirements; to provide for inclusion of certain Federal funds in the Unemployment Trust Fund; to permit refunds; to extend time limitation for use of Reed Act funds; to provide coverage for interstate workers; to change exemption age; to prohibit agreements to waive rights to benefits; to delete certain unnecessary language; to change tax rate computation date; to change annual report period to fiscal year basis; 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 approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806 et seq.), as amended, (now Employment Security Law), is hereby amended by amending section 4A, by inserting the word or between the words research and principal,

Page 730

changing the word administration to administrative, and deleting the word or between the words capacity and for, and changing the word between to both, as it appears between the words or and such, so that when so amended section 4A shall read as follows: Section 4A. Benefits based on service in employment defined in section 8 (d) (2) and Section 19 (h) (8) and (9), shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other services subject to this Act; except that benefits based on service in an instructional, research, or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms. Benefits. Section 2. Said Act is further amended by amending subsection (c) of section 5 by adding paragraphs (1) and (2) as follows: (1) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence. Work. (2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) if the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are less favorable

Page 731

to the individual than those prevailing for similar work in the locality; (c) if, as a condition of being employed, the individual would be required to join a company union or to resign from, or refrain from joining any bona fide labor organization. Section 3. Said Act is further amended by striking from paragraph (3) of subsection (b) of section 6, the word seven and inserting in lieu thereof the word ten, so that when so amended, paragraph (3) shall read as follows: (3) A determination shall be deemed final unless a party entitled to notice thereof applies for reconsideration of the determination or appeals therefrom within ten days after the notice was mailed to his last known address or otherwise delivered to him. Finality. Section 4. Said Act is further amended by striking from paragraph (4) of subsection (b) of section 6, the word seven and inserting in lieu thereof the word ten, so that when so amended, paragraph (4) shall read as follows: (4) A redetermination on an application for reconsideration shall be deemed final unless a party entitled to notice thereof files an appeal within ten days after the notice was mailed to his last known address or otherwise delivered to him. Same. Section 5. Said Act is further amended by adding a new paragraph at the end of paragraph (3) of subsection (b) of section 7, to be designated paragraph (4), and to read as follows: (4) A private nonprofit institution of higher education shall pay contributions at a rate of 1% of its taxable payroll, unless such an institution does not elect to make payments in lieu of contributions in accordance with section 7A of the Law. This contribution rate of 1% will continue until such time as an institution is eligible for an employment experience rating computation as provided in section 7(c) of the Law. Any private nonprofit institution of higher education that becomes an employer and subject to this Act after

Page 732

January 1, 1974, and elects to pay contributions shall pay such contributions at a rate of 2.7% of its taxable payroll, and will continue to pay at such rate until such time as such institution is eligible for an employment experience rating computation as provided in section 7(c) of the Law. Contributions. Section 6. Said Act is further amended by amending paragraph (4) of subsection (c) of section 7 by inserting between the words year and unless the following: , except as provided in subsection (b) (4) of this section,, so that when so amended, paragraph (4) of subsection (c) of section 7 shall read as follows: (4) No employer's rate shall be reduced below standard rate for any calendar year, except as provided in subsection (b) (4) of this section, unless and until his account could have been chargeable with benefit payments throughout the thirty-six consecutive calendar months ending on the computation date (as herein defined) for that calendar year; except that for the calendar year 1955, and for each calendar year thereafter, an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than the standard rate if his account could have been chargeable with benefit payments throughout a lesser period but, in no event, less than the twelve consecutive calendar months ending on the computation date (as herein defined) for that calendar year. Section 7. Said Act is further amended in paragraph (6) of subsection (c) of section 7, by striking in the RATE TABLE applying to 1974 and subsequent years tax rates, only the words December 31 in three places as they appear under the words, If the excess percentage on:, and inserting in lieu thereof the words June 30 so that when so amended said RATE TABLE in paragraph (6) of subsection (c) of section 7 shall read as follows:

Page 733

RATE TABLE (Entire Table Amended April 1972) If the excess percentage on: June 30, 1974 or June 30 of subsequent years June 30, 1973 The Contribution Rate is (Percent) Equals or Exceeds But is Less Than Equals or Exceeds But is Less Than 2.16 0.00 0.93 0.00 0.86 2.08 0.93 1.27 0.86 1.17 2.00 1.27 1.61 1.17 1.48 1.92 1.61 1.95 1.48 1.79 1.84 1.95 2.28 1.79 2.10 1.76 2.28 2.62 2.10 2.41 1.68 2.62 2.96 2.41 2.72 1.60 2.96 3.30 2.72 3.04 1.52 3.30 3.64 3.04 3.35 1.44 3.64 3.97 3.35 3.65 1.36 3.97 4.31 3.65 3.97 1.28 4.31 4.66 3.97 4.29 1.20 4.66 5.00 4.29 4.60 1.12 5.00 5.34 4.60 4.91 1.04 5.34 5.67 4.91 5.22 0.96 5.67 6.01 5.22 5.53 0.88 6.01 6.35 5.53 5.84 0.80 6.35 6.69 5.84 6.15 0.72 6.69 7.03 6.15 6.47 0.64 7.03 7.36 6.47 6.77 0.56 7.36 7.70 6.77 7.08 0.48 7.70 8.04 7.08 7.40 0.40 8.04 8.38 7.40 7.71 0.32 8.38 8.72 7.71 8.02 0.24 8.72 9.05 8.02 8.33 0.16 9.05 9.39 8.33 8.64 0.08 9.39 and over 8.64 and over.

Page 734

Section 8. Said Act is further amended in paragraph (6) of subsection (c) of section 7 by striking in the RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS applying to 1974 and subsequent years tax rates, only the words December 31 in three places as they appear under the words, If the deficit percentage on:, and inserting in lieu thereof the words June 30 so that when so amended, said RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS in paragraph (6) of subsection (c) of section 7 shall read as follows: RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS (Entire Table Amended April 1972) If the deficit percentage on: June 30, 1974 or June 30 of subsequent years June 30, 1973 The Contribution Rate is (Percent) Equals or Exceeds But is Than Less Equals or Exceeds But is Less Than 2.16 Under 2.62 Under 2.41 2.24 2.62 3.22 2.41 2.96 2.32 3.22 3.55 2.96 3.27 2.40 3.55 3.89 3.27 3.58 2.48 3.89 4.23 3.58 3.89 2.56 4.23 4.57 3.89 4.20 2.64 4.57 4.91 4.20 4.52 2.72 4.91 5.24 4.52 4.82 2.80 5.24 5.58 4.82 5.13 2.88 5.58 5.92 5.13 5.45 2.96 5.92 6.27 5.45 5.77 3.04 6.27 6.61 5.77 6.08 3.12 6.61 6.94 6.08 6.38 3.20 6.94 7.28 6.38 6.70 3.28 7.28 7.62 6.70 7.01 3.36 7.62 and over 7.01 and over.

Page 735

Section 9. Said Act is further amended by amending only the first paragraph of subparagraph (iv) of paragraph (7) of subsection (c) of section 7 by inserting in said first paragraph between the words date and provided the following: except that after January 1, 1973, the computation date means June 30 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the twelve consecutive calendar months period ending on the `computation date';, so that when so amended the first paragraph of section 7 (c) (7) (iv) shall read as follows: The term `computation date' means December 31 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the twelve consecutive calendar months period ending on the `computation date'; except that after January 1, 1973, the computation date means June 30 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the twelve consecutive calendar months period ending on the `computation date'; provided, however, that any corporation, partnership, individual, or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business, shall be deemed to be a successor to the predecessor from whom such business was acquired for the purposes of Section 7, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is not already an employer at the time of such acquisition, the rate of contributions applicable at such time to the predecessor until shall continue to be applicable to the successor as to contributions payable based on wages of employees, of such acquired unit only, until the

Page 736

time hereinafter stipulated, but if the successor is already an employer at the time of such acquisition, the rate of contributions applicable to the successor at the time of the acquisition shall continue to be applicable to the successor after the acquisition until the time hereinafter stipulated. In either case, such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience record of the predecessor and successor, subject to the provisions of subsection (6) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. Commencing with the next calendar quarter after acquisition, the employment experience of the former employer and the successor employer shall be combined, and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The Commissioner shall prescribe by regulation the notice to be given of such acquisition. The provisions of this subparagraph shall apply to all contributions payable by a successor, regardless of whether or not such successor acquired the business, or assets thereof, from his predecessor prior or subsequent to the effective date of this subparagraph. Computation date defined. Section 10. Said Act is further amended by amending paragraph (8) of subsection (c) of section 7 to add a new unnumbered paragraph after the first paragraph thereof to read as follows: Effective with the year 1973, a Statewide Reserve Ratio shall be computed as of June 30 of each year. Such Statewide Reserve Ratio shall be computed by dividing the balance in the Reserve Fund including accrued interest as of June 30 of each year, by the total covered wages (as defined in this Act) paid in the State for the twelve-month period, ending on June 30 of such calendar year. Any amount credited to the State's account under section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration whether or not withdrawn from

Page 737

the trust fund, shall be excluded from the Reserve Fund balance in computing the Statewide Reserve Ratio. Statewide Reserve Ratio. Section 11. Said Act is further amended by striking from the first paragraph of subsection (b) of section 7A that sentence which reads as follows: Provided, however, that no private nonprofit institution of higher education shall be required to make any quarterly contributions during the first two years in which it is covered by this Section., and by adding the word full between the words the and amount; and by striking the words and of as they appear between the words benefits and one-half and inserting in lieu thereof the word plus; and by adding the words amount of between the words the and extended, so that when so amended the first paragraph of subsection (b) of section 7A shall read as follows: Hospitals and institutions of higher education operated by the State or an instrumentality thereof, or a nonprofit organization, which, pursuant to section 19 of this Act, is, or becomes, subject to this Act on or after January 1, 1972, shall pay contributions under the provisions of section 7 of this Act, unless it elects to make payments in lieu of contributions, in accordance with this subsection. Hospitals or institutions of higher education operated by the State or an instrumentality thereof, or a nonprofit organization, which so elect, and hospitals or institutions of higher education operated by a political subdivision or an instrumentality thereof which elects coverage pursuant to subsection (d) of section 8 of this Act, shall pay to the Commissioner for the unemployment fund an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid, that is attributable to service in the employ of such hospital or institution of higher education or non-profit organization, to individuals for weeks of unemployment which began during the effective period of such election or with respect to political subdivisions, the effective period of their subjectivity. Hospitals, etc.

Page 738

Section 12. Said Act is further amended by adding a new sentence at the end of paragraph (1) of subsection (c) of section 7A to read as follows: Noncharging provisions applicable to contributing employers in section 7 (c) (2) of this Act do not apply to employers who make payments in lieu of contributions., so that when so amended paragraph (1) of subsection (c) of section 7A shall read as follows: (1) Each hospital or institution of higher education operated by the State or an instrumentality thereof, or non-profit organization, which has elected payments in lieu of contributions, and each hospital or institution of higher education operated by a political subdivision or an instrumentality thereof, which has elected coverage, shall make such payments as provided in this paragraph. Such method of payment shall become effective upon approval by the Commissioner. At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner, (provided, however, every private nonprofit institution of higher education shall be permitted to pay any bills submitted to it pursuant to this paragraph on an annual basis during the first two years in which said private nonprofit institution of higher education is covered by this section) the Commissioner shall bill each organization or group of organizations for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable to service in the employ of such organization. Noncharging provisions applicable to contributing employers in section 7 (c) (2) of this Act do not apply to employers who make payments in lieu of contributions. Hospitals, etc. Section 13. Said Act is further amended by striking from paragraph (6) of subsection (d) of section 7A, the word paragraph at the end of the first sentence and inserting in lieu thereof the word subsection and by striking the last sentence which reads as follows:

Page 739

The value of securities deposited shall be double the amount of the cash deposit or surety bond required under section 7A (d) (1) of this Act., and inserting in lieu thereof the following sentence: The value of securities deposited shall be in accordance with regulations prescribed by the Commissioner., so that when so amended said paragraph (6) of subsection (d) of section 7A shall read as follows: (6) Deposit of Securities. The Commissioner may allow the deposit of securities acceptable to him in lieu of either the cash deposit or surety bond referred to in this subsection. The value of securities deposited shall be in accordance with regulations prescribed by the Commissioner. Deposit of Securities. Section 14. Said Act is further amended by amending subsection (a) of Section 9 to change item (7) in the last line to (8) and inserting a new item (7) before the word and and the semicolon immediately preceding present item (7) to read: (7) all money received from the Federal Government as reimbursements pursuant to section 204 of the Federal-State Extended Unemployment Compensation Act of 1970;, so that when so amended subsection (a) shall read as follows: (a) Establishment and Control.There is hereby established as a trust fund, separate and apart from all other public monies or other funds of this State, an Unemployment Compensation Fund, which shall be administered by the Commissioner exclusively for the purposes of this Act. This pooled fund shall consist of (1) all contributions collected under this Act; (2) all payments in lieu of contributions collected under section 7A of this Act; (3) Interest earned upon any monies in the fund; (4) any property or securities acquired through the use of monies belonging to the fund; (5) all earnings of such property or securities;

Page 740

(6) all money credited to this State's account in the Unemployment Trust Fund pursuant to Section 903 and related sections of the Social Security Act, as amended; (7) all money received from the Federal Government as reimbursements pursuant to section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and (8) all money received for the fund from any other source. Establishment and Control. Section 15. Said Act is further amended by amending only the first paragraph of paragraph (3) of subsection (c) of section 9 to strike the word fourteen where it appears between the words the and preceding and inserting in lieu thereof the word twenty-four; and by striking the word fifteen where it appears between the words such and twelve-month and inserting in lieu thereof the word twenty-five; and by striking the word fourteenth where it appears between the words the and preceding and inserting in lieu thereof the word twenty-fourth; so that when so amended the first paragraph of paragraph (3) of subsection (c) of section 9 shall read as follows: limits the amount which may be obligated during any twelve-month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which (i) the aggregate of the amounts credited to the account of this State pursuant to section 903 of the Social Security Act, as amended, during the same twelve-month period and the twenty-four preceding twelve-month periods, exceeds (ii) the aggregate of the amounts obligated pursuant to this subsection and charged against the amounts credited to the account of this State during such twenty-five twelvemonth periods. For the purposes of this subsection, amounts obligated during any such twelve-month period shall be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount obligated for administration during a twelve-month period specified herein may be charged against any amount credited during such a twelve-month period earlier than the twenty-fourth preceding such period. Section 16. Said Act is further amended by amending paragraph (1) of subsection (a) of section 11 to strike only

Page 741

the word calendar as it appears between the words preceding and year, and inserting in lieu thereof the word fiscal, so that when so amended said section 11 (a) (1) shall read as follows: (a) (1) Duties and Powers of Commissioner.It shall be the duty of the Commissioner to administer this Act, and as administrator of said Act the compensation provided in section 54-105 (Ga. Ann. Code) shall be augmented by grants from the appropriate Federal Agency commensurate with the duties imposed by this Act, and he shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this Act, which the Commissioner shall prescribe. The Commissioner shall determine his own organization and methods of procedure in accordance with the provisions of this Act, and shall have an official seal, which shall be judicially noticed. Not later than the 1st day of February of each year, the Commissioner shall submit to the Governor a report covering the administration and operation of this Act during the preceding fiscal year and shall make such recommendations for amendments to this Act as he deems proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in the future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the Commissioner in accordance with accepted actuarial principles on the basis of statistics of employment business activity, and other relevant factors for the longest possible period. Whenever the Commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he shall promptly so inform the Governor and the Legislature and make recommendations with respect thereto. Duties and powers. Section 17. Said Act is further amended by amending subsection (d) of section 14 by inserting between the words

Page 742

contributions and or where these words twice appear, the words , payments in lieu of contributions,; and inserting between the words payments and or where these words first appear, the words , payments in lieu of contributions or interest thereon,; and by striking the words by him; and inserting between the words payments and or where these words next appear, the words or payment in lieu of contributions, so that when so amended said subsection (d) of Section 14 shall read as follows: (d) RefundsIf not later than four years after the date of payment of any amount as contributions, payments in lieu of contributions, or interest thereon an employer who has made such payment shall make application for adjustment thereof in connection with subsequent contribution payments, payments in lieu of contributions or interest thereon, or for a refund thereof because such adjustment cannot be made, and the Commissioner shall determine that such contributions, payments in lieu of contributions, or interest or any portion thereof was erroneously collected, the Commissioner shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments or payments in lieu of contributions, or if such adjustment cannot be made, the Commissioner shall refund said amount, without interest, from the fund. For like cause and within the same period, adjustment or refund may be so made on the Commissioner's own initiative; provided, that any refunds of moneys covered into any other fund shall be made from such other fund and not from the trust fund. Refunds. Section 18. Said Act is further amended by amending subsection (a) of section 15, by adding after the word contributions where it appears in two places the following: or payments in lieu of contributions, so that when so amended subsection (a) of section 15 shall read as follows: (a) Waiver of Rights Void.Any agreement by an individual to waive, release, or commute his rights to benefits

Page 743

or any other rights under this Act shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions, or payments in lieu of contributions, required under this Act from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer's contributions or payments in lieu of contributions, required from him, or require or accept any waiver of any right hereunder by any individual in his employ. Any employer or officer or agent of an employer who violates any provisions of this subsection shall, for each offense, be guilty of a misdemeanor and shall be punished as for a misdemeanor. Waiver of Rights Void. Section 19. Said Act is further amended by amending paragraph (2) of subsection (h) of section 19 by adding at the end thereof a new subparagraph (E) to read as follows: (E) Services wherever performed within the United States, the Virgin Islands, or Canada, if such services are not covered under the Unemployment Compensation Law of any other State, the Virgin Islands, or Canada and the place from which the services are directed and controlled is in this State. Services. Section 20. Said Act is further amended by striking the word and where it appears in the last paragraph of sub-subparagraph (iv) of subparagraph (A) of paragraph (12) of subsection (h) of section 19 and inserting in lieu thereof the word or, so that when so amended said last paragraph of sub-subparagraph (iv) shall read as follows: As used in this subsection, the term `farm' includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses and other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. Farm defined. Section 21. Said Act is further amended by striking from subparagraph (E) of paragraph (12) of subsection (h) of section 19 the figure 21 and inserting in lieu thereof the

Page 744

figure 18, so that when so amended said subparagraph (E) shall read as follows: (E) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of 18 in the employ of his father or mother. Section 22. Said Act is further amended by amending subsection (r) of section 19 by adding at the end of that subsection a new sentence reading as follows: Provided, further, that in the case of a combined wage claim pursuant to section 11 (1) of the law, the benefit year shall be that applicable under the Unemployment Compensation Law of the paying State., so that when so amended subsection (r) of section 19 shall read as follows: (r) `Benefit Year' with respect to any individual means the one-year period beginning with the day as of which he first files a valid claim, and thereafter the one-year period beginning with the day as of which he next files a valid claim after the end of his last preceding benefit year. Any claim for benefits made in accordance with section 6 (a) of this Act shall be deemed to be a `valid claim' for the purposes of this subsection if the individual has been paid the wages for insured work required under section 4 (e) of this Act. Provided, further, that in the case of a combined wage claim pursuant to section 11 (1) of the law, the benefit year shall be that applicable under the Unemployment Compensation Law of the paying State. Benefit year. Section 23. Said Act is further amended by amending subsection (s) of section 19 only by adding at the end of that subsection a new sentence reading as follows: Provided, further, that in the case of a combined wage claim pursuant to section 11 (1) of the law, the base period shall be that applicable under the Unemployment Compensation Law of the paying State.,

Page 745

so that when so amended subsection (s) of section 19 shall read as follows: (s) `Base Period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. Provided, further, that in the case of a combined wage claim pursuant to section 11 (1) of the law, the base period shall be that applicable under the Unemployment Compensation Law of the paying State. Base period defined. Section 24. Said Act is further amended by redesignating subsection (w) of section 19 that was added by an Act approved April 7, 1972 (Ga. L. 1972, p. 1224 at p. 1239), as subsection (x), so that when so amended said redesignated subsection (x) shall read as follows: (x) `Most Recent Employer' means a bona fide legal entity liable for payment of the unemployment insurance tax, Most recent employer. (1) For whom one last worked and voluntarily quit without good cause connected with his work, or (2) For whom one last worked and was discharged or suspended from work for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, or (3) For whom one last worked and was released for lack of work only and had earned no less than $500 or eight times the weekly benefit amount of his claim (whichever amount is less). Section 25. Said Act is further amended by striking section 6 as contained in an Act approved April 6, 1972 (Ga. L. 1972, p. 1150 at p. 1156), which reads as follows: Section 6. The Commissioner shall be authorized to issue such rules and regulations as may be necessary to make this law comply with the Federal law, including the power and right to enforce this bill on more strict provisions than

Page 746

are provided for in the bill of Federal requirements dictate., in its entirety. Section 26. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 27. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. EYEGLASSESPRESCRIPTIONSDELIVERY TO ORDERING PHYSICIAN, ETC., REQUIRED. No. 373 (Senate Bill No. 299). An Act to amend an Act to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses or laminated lenses, approved February 20, 1970 (Ga. L. 1970, p. 30), so as to require that optical offices, manufacturing companies or laboratories which prepare lenses for such eyeglasses or sunglasses, shall in every case deliver the completed product of their efforts only to the physician, optometrist or licensed dispensing optician who ordered the work performed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses or laminated lenses, approved February 20, 1970 (Ga. L. 1970, p. 30), is hereby amended by adding at the end of section 1 a new subsection (c) to read as follows:

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(c) Optical offices, manufacturing companies or laboratories which prepare lenses for prescription eyeglasses or sunglasses, including industrial safety eyewear, who perform mechanical work upon inert materials in the preparation of such eyeglasses or sunglasses, shall in every case deliver the completed product of their efforts only to the physician, optometrist or licensed dispensing optician who ordered the work performed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CONVEYANCE OF LAND TO GEORGIA PORTS AUTHORITY AUTHORIZED. No. 374 (Senate Bill No. 336). An Act to authorize the State Properties Control Commission, acting for and on behalf of and in the name of the State of Georgia, to grant and convey certain property to the Georgia Ports Authority subject to the Marshlands Protection Act of 1970, approved March 27, 1970 (Ga. L. 1970, p. 939), as now or hereafter amended and subject to certain other conditions; to authorize the Governor as Chairman of the State Properties Control Commission to execute and deliver a fee simple (without warranty) deed of conveyance to the Georgia Ports Authority conveying said property; to pay over the proceeds of said sale to the general fund; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of Purpose. Whereas, excepting only legally valid Crown and State grants, the State of Georgia owns all marshlands in the State of Georgia; and

Page 748

Whereas, in connection with the possible commercial and economic development of adjacent highlands, it is in the interest of the Georgia Ports Authority and the State of Georgia that certain marshland be conveyed to, used, and held by the Georgia Ports Authority, and its successors in title and assigns, as a buffer with said marshlands to be kept and maintained in substantially its present natural state, except however, the committee established by the Marshland Protection Act of 1970, as amended, (Ga. L. 1970, p. 939), as amended, or, if such committee is not in existence then the Board of Natural Resources, may consider and, prior to any alterations to said marshland, must approve in writing any alterations to the natural state of the marshland affected by this Act. It is hereby declared to be the intent of the General Assembly to convey certain marshland, subject to the foregoing provisions and subject always to the protection of the Marshlands Protection Act of 1970, approved March 27, 1970 (Ga. L. 1970, p. 939), and subject always to the use of said marshland by the people of the State of Georgia. Section 2. (a) The State Properties Control Commission be and is hereby authorized to sell to the Georgia Ports Authority all of the right, title and interest of the State of Georgia in and to certain marshland located in Glynn County, Georgia, subject always to compliance by the Georgia Ports Authority, and its successors in title and assigns, with all applicable laws pertaining to marshland and subject always to the use and enjoyment by the public of all marshland and streams involved herein, and subject to the conditions set forth in Section 1 of this Act, for and in consideration of a sum of money determined by the State Properties Control Commission, in its sole discretion, and without necessity for appraisal, to be reasonable and adequate. The marshland property to be sold being described as follows: All of that certain marshland situate, lying and being in Glynn County, Georgia, at or near the mouth of Turtle River, consisting of approximately 1,033 acres of marshland, and being bounded:

Page 749

Northerly by southerly banks of the South Brunswick River and Turtle River; easterly by the westerly bank of Jointer Creek; southerly by the northerly right-of-way line of U. S. Highway 17 and westerly by the easterly bank of Fancy Bluff Creek. Less and except that portion of Colonels Island lying above mean high tide. (b) The Governor as Chairman of the State Properties Control Commission is authorized to execute and deliver to the Georgia Ports Authority a fee simple (without warranty) deed of conveyance, conveying all of the right, title and interest which the State of Georgia has or may have in and to said marshland; (c) The aforesaid deed of conveyance shall provide that title to said marshland shall vest in the Georgia Ports Authority, and its successors in title and assigns, only so long as: (1) said marshland is used for the purpose and in accordance with the provisions of Section 1 of this Act; (2) the rights of the public thereto and therein for purposes of navigation, transportation and recreation are not infringed upon or violated; and (3) all applicable laws pertaining to said marshland are fully observed and complied with. Upon a violation, breach, or failure of any of the foregoing provisions of this subsection (c), or of any other conditions, in addition to the foregoing, which may be imposed by the State Properties Control Commission as a condition to the conveyance, and regardless of any and all improvements and investments made, consideration paid or expenses or harm incurred and encountered by the Georgia Ports Authority and its successors in title and assigns, the title to said marshland shall automatically revert by operation of law to the State of Georgia without the necessity for effecting a reentry. (d) The proceeds of said sale shall be paid over to the general fund as provided by law. Approved April 13, 1973.

Page 750

GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT. No. 375 (Senate Bill No. 358). An Act to provide for the operation of the Georgia State Financing and Investment Commission created pursuant to an amendment to the Constitution of the State of Georiga duly ratified at the general election held on November 7, 1972; to provide for the issuance of public debt by the State; to establish the methods, procedures, and records to be used in the authorization, sale, retirement, funding and refunding of public debt by the State and State Authorities; to provide the means for the proper application of the proceeds of such debt, and to establish the procedure for protecting the holders of such debt; to provide that State Authorities, political subdivisions and agencies of the State may contract with the Commission; to provide that appropriations for highway purposes shall be considered appropriations of motor fuel taxes; to provide retirement benefits for officers and employees of the Commission; to provide other matters in connection herewith; to provide exemptions from specific laws; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Georgia State Financing and Investment Commission Act. Section 2. Definitions. a. Commission shall mean the Georgia State Financing and Investment Commission, created by amendment to the Constitution of the State of Georgia of 1945, (Ga. L. 1972, pp. 1523 et seq.), duly ratified at the general election held on November 7, 1972 and proclaimed by the Governor to be a part of the Constitution on December 4, 1972, and consisting of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor,

Page 751

the Attorney General, the State Treasurer and the Commissioner of Agriculture. b. Constitution shall mean the Constitution of the State of Georgia of 1945, as amended, and as hereafter amended. c. Financial advisory matters shall mean all matters pertaining to the issuance of State debt and State Authority bonds and the investment of funds created by the issuance of such debt or bonds and the performing of ministerial services in connection with the issuance, marketing and delivery of all such debt or bonds. Financial advice shall include the development and recommendation to State Authorities of a financial plan which will provide State Authorities with required funds. d. Fiscal Officer of the State shall mean the Director of the Fiscal Division of the Department of Administrative Services or such other officer as may be designated by a valid act of the General Assembly to perform the functions of such Director with respect to public debt. e. General Obligation debt shall mean obligations of the State of Georgia issued pursuant to the provisions of this Act to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the amendment to Article VII, Section VI, Paragraph I(a) of the Constitution adopted November 8, 1960, for which the full faith, credit, and taxing power of the State are pledged for the payment thereof. f. Guaranteed revenue debt shall mean revenue obligations issued by an instrumentality of the State of Georgia pursuant to the provisions of this Act to finance toll bridges, toll roads, and any other land public transportation facilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes, the payment of which has been guaranteed by the State as provided herein.

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g. Public debt shall mean any debt authorized by the amendment to the Constitution (Ga. L. 1972, pp. 1523 et seq.), duly ratified at the general election held on November 7, 1972, and issued pursuant to the provisions of this Act. h. Sinking fund shall mean the State of Georgia General Obligation Debt Sinking Fund hereinafter established by this Act. i. State Authorities shall mean the following instrumentalities of the State: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Penal), Georgia Building Authority (Markets), Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, State Tollway Authority, Georgia Ports Authority, Georgia Development Authority, Jekyll IslandState Park Authority, Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier Islands Development Authority, Groveland Lake Development Authority, Georgia Higher Education System Authority, the Georgia Development Authority for Housing Finance, and instrumentalities of the State hereafter created by the General Assembly authorized to issue debt and not specifically exempt from provisions of this Act. j. State Treasurer shall mean the Treasurer of the State of Georgia or such other officer designated by a valid act of the General Assembly to perform the functions of State Treasurer with respect to public debt. Section 3. Commission. a. Authority. Subject to the limitations contained in this Act, the Commission shall be responsible for the issuance of all public debt incurred hereunder, for the proper application of the proceeds of such debt to the purposes for which it is incurred, and for the application and administration of the provisions of this Act; provided, however, the proceeds of guaranteed revenue obligations shall be paid to the

Page 753

issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. The Commission shall be responsible for the issuance of guaranteed revenue debt except that bonds themselves evidencing such debt shall be in the name of the instrumentality of the State of Georgia issuing the same and shall be issued and executed in accordance with the laws relative to such instrumentality and the applicable provisions of this Act. b. Organization. The Governor shall serve as the Chairman and Chief Executive Officer and the presiding officer of the Senate shall serve as the Vice Chairman of the Commission; the State Auditor shall serve as Secretary and Treasurer. The Chairman or Vice Chairman or Secretary and Treasurer shall be the presiding officer at each meeting of the Commission. (1) There shall be a Construction Division of the Commission administered by a Director who shall not be a member of the Commission, and who shall also serve as the Executive Secretary for the Commission. The Director and the staff of the Construction Division shall be appointed by and serve at the pleasure of the Commission and shall provide administrative support for all personnel of the Commission and shall account for and keep all records pertaining to the operation and administration of the Commission and its staff. The Director, as Executive Secretary, shall prepare agenda and keep minutes of all meetings of the Commission. In construction and construction-related matters, the Construction Division shall act in accordance with the policies, resolutions and directives of the Georgia Education Authority (Schools) and the Georgia Education Authority (University) until such time as such policies, resolutions or directives are changed or modified by the Commission. In carrying out its responsibilities in connection with the application of any funds under its control, (including the proceeds of any debt or any appropriation made directly to it for construction purposes) the Commission is hereby specifically authorized to acquire and construct projects for the benefit of any department or agency of the

Page 754

State or to contract with any such department or agency for the acquisition or construction of projects under policies, standards and operating procedures to be established by the Commission, provided, however, the Commission shall contract with the Department of Transportation or the Georgia Highway Authority for the supervision of and contracting for design, planning, building, rebuilding, constructing, reconstructing, surfacing, resurfacing, laying out, grading, repairing, improving, widening, straightening, operating, owning, maintaining, leasing and managing any public roads and bridges for which general obligation debt has been authorized. The Construction Division also shall perform such construction-related services for State agencies and instrumentalities as may be assigned to the Commission or to the Construction Division by Executive Order of the Governor. (2) There shall also be a Financing and Investment Division of the Commission administered by a Director who shall not be a member of the Commission. The Director shall be appointed by and serve at the pleasure of the Commission. The Financing and Investment Division shall perform all services relating to issuance of public debt, the investment and accounting of all proceeds derived from incurring general obligation debt or such other amounts as may be appropriated from time to time to the Commission for capital outlay purposes, such services as may be directed by the Commission and the issuer with respect to guaranteed revenue debt and the proceeds thereof, the management of all other State debt, and such financial advisory matters and general accounting duties as are not specifically assigned to the Executive Secretary in subsection (1) above and in subsection g. The Director of the Financing and Investment Division shall report directly to the Commission on all matters pertaining to the functions and duties assigned to the Division. (3) Members of the Commission shall serve without compensation, but shall receive actual expenses incurred by them in the performance of their duties. Said expenses, including mileage, shall be paid on the basis as for other State officials and employees.

Page 755

c. Meetings. The Commission shall hold regular meetings as it deems necessary, but in any event, not less than one meeting shall be held in each calendar quarter. The Commission shall meet at the call of the Chairman, Vice Chairman or Secretary and Treasurer, or a majority of the members of the Commission. Meetings of the Commission shall be subject to the provisions of Ga. L. 1972, p. 575 and its records shall be subject to the provisions of Ga. Laws 1959, p. 88, et seq., as amended. The Commission shall approve the issuance of public debt, as hereinafter provided, adopt and amend by-laws, and establish salaries and wages of employees of the Commission only upon the affirmative vote of a majority of its members; all other actions of the Commission may be taken upon the affirmative vote of a majority of a quorum present. A quorum shall consist of a majority of the members of the Commission. If any vote is less than unanimous, such vote shall be recorded in the minutes of the Commission. d. Powers. The Commission shall have those powers set forth in the amendment to the Constitution of the State of Georgia duly ratified at the general election held on November 7, 1972 establishing the Commission, and the powers necessary and incidental thereto. In addition to such powers, the Commission shall have power: (1) To have a seal and alter the same at pleasure; (2) To make contracts and to execute all instruments necessary or convenient, including contracts with any and all political subdivisions, institutions or agencies of the State and State Authorities upon such terms and for such purposes as it deems advisable, and such political subdivisions, institutions or agencies of the State and State Authorities are hereby authorized and empowered to enter into and perform such contracts. (3) To employ such other experts, agents, and employees as may be in the Commission's judgment necessary to carry on properly the business of the Commission; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same.

Page 756

(4) To do and perform all things necessary or convenient to carry out the powers conferred upon the Commission by this Act. (5) To make reasonable regulations, or adopt the standard specifications or regulations of the Department of Transportation or the State Authorities, or parts thereof, for the construction, reconstruction, building, rebuilding, renovating, surfacing, resurfacing, acquiring, leasing, maintaining, repairing, removing, installing, planning, or disposing of projects for which public debt has been authorized, or for such other purposes as deemed necessary by the Commission. e. Records. Except for those records specifically designated in this Act to be kept by the Fiscal Officer of the State, the Commission shall be responsible for keeping the records provided for in this Act, and such other records as it deems necessary or convenient for the administration of the provisions of this Act. f. Advisory and Service Function. (1) The Commission is further vested with complete and exclusive authority and jurisdiction in all financial advisory matters relating to the issuance or incurrence of debt by State Authorities as herein defined, and no such State Authority shall be authorized, without the approval of the Commission, to employ other financial or investment advisory counsel in any matter whatsoever or to incur debt without the specific approval of the Commission. (2) Until the end of the first full fiscal year after the effective date of this Act, when the Commission performs financial advisory or construction-related services, the State Authority or State agency requiring such services shall reimburse the Commission for such services. g. Budget Unit; Budget. (1) The Commission is hereby designated a budget unit and shall be subject to the provision of the Budget Act (Ga. L. 1962, p. 17 et seq., as amended).

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(2) The Executive Secretary shall prepare, under the direction and supervision of the Commission, any budgets, requests, estimates, records or other documents deemed necessary or efficient for compliance with the Budget Act, to provide for the payment of personnel services, administration and otherwise carry out the provisions of this Act; provided, it is hereby expressly declared by the General Assembly that this subsection is only intended to provide that the Commission shall receive an appropriation for personnel and administrative services, but need not receive an appropriation for the costs of issuance, validation and delivery of obligations to be incurred, including, but not limited to, trustee's fees, paying agent fees, printing fees, bond counsel fees, district attorney fees, Clerk of the Superior Court fees, architect fees, and engineering fees, which costs and fees are dependent on the principal amount of the obligations incurred and are hereby determined to be appropriate costs of the project or projects for which such obligations are incurred, and are hereby authorized to be paid from bond proceeds, and the Commission need not receive an appropriation for expenditures made for fees and expenses incurred in safeguarding and protecting public health, life and property in connection with projects for which general obligation debt has been incurred. h. Retirement. All officers and employees of the Commission shall be qualified to be, and shall become, members of the Employees' Retirement System of Georgia; provided, however, that any such officer or employee who was on the effective date of this Act an officer or employee of any State agency, authority, department or instrumentality and a member or participant in any annuity or retirement program other than the Employees' Retirement System of Georgia, which person hereinafter is referred to as a present employee, may elect to remain under such other annuity or retirement program or to transfer membership to the Employees' Retirement System of Georgia. The Commission is authorized to perform, and shall perform, all obligations of employer if such present employee shall elect to remain under such other annuity or retirement program. A present employee electing to transfer membership to the

Page 758

Employees' Retirement System of Georgia under this Act shall give notice of electing to transfer membership to the Board of Trustees of the Employees' Retirement System of Georgia and simultaneously therewith shall give to the governing body of the other annuity or retirement program notice that it shall transfer to the Board of Trustees of the Employees' Retirement System of Georgia the employer's and employee's contributions standing to his account. From and after the date of transfer of contributions, the present employee electing to transfer membership shall be a member of the Employees' Retirement System of Georgia with membership service and prior service credits equivalent to those he would have accrued had he been a member of the Employees' Retirement System of Georgia throughout the period of transferred creditable service. In lieu of the foregoing election, any present employee wishing to retain his rights under any private annuity or retirement program may assume responsibility for the payment of all costs of such program and may elect to become a member of the Employees' Retirement System of Georgia effective the date upon which he becomes an officer or employee of the Commission. Any present employee so electing to retain his rights may also receive membership service credit and prior service credit under the Employees' Retirement System of Georgia for all or part of his service with any State agency, authority, department or instrumentality, plus military service credit as otherwise provided by law, by paying to the Board of Trustees of the Employees' Retirement System of Georgia, on terms acceptable to the Board of Trustees, all the employee's contributions, plus regular interest thereon, which would have stood to his credit had he been a member of the Employees' Retirement System of Georgia during the period of creditable service sought to be established. In the event of the latter election, the Commission shall pay all employer's contributions, plus regular interest thereon, attributable to the creditable service sought to be established. Any elections hereunder shall be made in writing within 6 months from the date of appointment to office or employment by the Commission. i. Surety Bonds. All members and officers of the Commission, and such employees as the Commission may designate,

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shall be surety bonded in such amounts as determined by the Commission. j. Exemptions from Laws. The Commission shall not be subject to the provisions of the following: (1) The Administrative Procedure Act (Ga. L. 1964, p. 338, et seq.), as amended; (2) The State Purchasing Act (Ga. L. 1937, p. 503, et seq.), as amended; (3) Ga. L. 1972, p. 910, approved April 3, 1972, relating to approval of contracts; (4) The Merit System of Personnel Administration (Ga. L. 1943, p. 171, et seq.), as amended; (5) Georgia Code section 40-414, section 40-415, section 40-420 and section 40-423. Section 4. Appropriations; Sinking Fund. a. General obligation debt. General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. Appropriations made in each fiscal year as provided in this subsection for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. Following the incurring of any debt for which an appropriation has been made, there shall be deposited in the Sinking Fund provided for in subsection (1), below, an amount equal to the highest annual debt service requirement for such debt and the balance of any appropriation made for that purpose shall lapse, except that any such balance attributable to an

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appropriation to general obligation debt for the construction, and improvement of public roads and bridges shall be paid to the Department of Transportation. (1) Sinking Fund. The General Assembly shall appropriate to a special trust fund designated State of Georgia General Obligation Debt Sinking Fund such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for retirement of general obligation debt payable therefrom. (2) Failure to Appropriate; Insufficient Monies In Sinking Fund. If the General Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same becomes due, the State Treasurer shall set apart from the first revenues, thereafter received, applicable to the general fund of the State, such amounts as are necessary to cure any such deficiencies and shall immediately deposit the same into the sinking fund. The State Treasurer may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred under the provisions of this Act. The obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second paragraph of Paragraph I(a) of Section VI of Article VII of the Constitution. (3) Sinking Fund Investments. The monies in the sinking fund shall be as fully invested as practical, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than 12 months from date of purchase.

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(4) Highway Appropriations. Appropriations to the sinking fund for debt service requirements attributable to public debt incurred or to be incurred for construction, reconstruction and improvement of public roads and bridges shall be considered as an appropriation for activities incident to providing and maintaining an adequate system of public roads and bridges in this State for the purpose of Article VII, Section IX, Paragraph IV of the Constitution. b. Guaranteed Revenue Debt. Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be selfliquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue. After the General Assembly has enacted legislation authorizing the guarantee of a specific issue of revenue bonds by an instrumentality of the State or State Authority, the Commission shall approve the issuance of such bonds and thereafter such instrumentality or State Authority shall actually authorize the issuance of its revenue bonds in accordance with the act of the General Assembly, including amendments thereto, authorizing the issuance of revenue bonds by such instrumentality or State Authority and the applicable provisions of this Act. (1) Common Reserve Fund. Appropriations made in connection with guaranteed revenue debt shall be paid upon the issuance of said obligations into a special trust fund to be designated State of Georgia Guaranteed Revenue Debt Common Reserve Fund to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. Said Guaranteed Revenue Debt Common Reserve Fund shall be held and administered by the State Treasurer. All such appropriations for the

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benefit of guaranteed revenue debt shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the payment of the same into said common reserve fund. (2) Insufficient Monies in Common Reserve Fund. If any payments are required to be made from the State of Georgia Guaranteed Revenue Debt Common Reserve Fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the State Treasurer shall pay to the designated paying agent, upon certification by the issuing instrumentality as to the insufficiency of such revenues, from said common reserve fund the amount necessary to cure such deficiency. The State Treasurer shall then reimburse said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid. The State Treasurer may be required to apply such funds as aforesaid with respect to guaranteed revenue debt at the suit of any holder of any such guaranteed revenue obligations. The obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the second paragraph of Paragraph I(a) of Section VI, Article VII of the Constitution, and shall also be subordinate to the obligation hereinabove imposed upon the State Treasurer to make sinking funds deposits for the benefit of general obligation debt. (3) Minimum Balance Required; Excess Monies; investments. The amount to the credit of said common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of said fund. If at the end of any fiscal year of the State said fund is in excess of the required amount, the State Treasurer, upon certification of the State Auditor, shall transfer such excess to the general funds of the State free of said trust.

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The funds in the said common reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the State. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government maturing no longer than 12 months from the date of purchase. c. Requirement for Taxation. The General Assembly shall raise by taxation each fiscal year, in addition to the sums necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article VII, of the Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder and to maintain at all times the Guaranteed Revenue Debt Common Reserve Fund in the full amount required by the Constitution and this Act. Section 5. Administration. a. Authority. The State, through action of the Commission, is hereby authorized to incur public debt as hereinafter provided. b. Purposes; Limitations. (1) Invasion; insurrection; war. Public debt without a limit may be incurred to repeal invasion, suppress insurrection and defend the State in time of war. (2) Temporary deficit. Public debt may be incurred to supply such temporary deficit as may exist in the State Treasury in any fiscal year because of necessary delay in collecting the taxes of that year but the debt so incurred shall not exceed, in the aggregate, one percent of the total revenue receipts, less refunds, of the State Treasury in the

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fiscal year immediately preceding the year in which such debt is incurred, and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (2) if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph (2). (3) Public debt for public purposes. Public debt for public purposes may be either general obligation debt or guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes; provided, however, in no event shall general obligation debt or guaranteed revenue debt be incurred for water or sewage treatment facilities or systems for counties or municipalities. General obligation debt or guaranteed revenue debt may be incurred to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the second paragraph of Article VII, Section VI, Paragraph I(a) of the Constitution are applicable. (a) Limitations. No debt may be incurred under this subparagraph (3), at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation

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debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article VII, Section VI, Paragraph I(a) of the Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. Within such limitation, the following limitations shall also be applicable: (i) No guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. (ii) The aggregate principal amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate principal amount of guaranteed revenue debt incurred to make or purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72 million dollars. (iii) The issuance of any funding or refunding debt pursuant to the provisions of this Section shall be subject to the fifteen percent limitation provided for herein to the same extent as debt incurred under this Act; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. (b) For the purposes of subparagraph (a), annual debt service requirements shall mean the total principal and

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interest coming due in any fiscal year of the State; provided, however, with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date. c. Issuance of Debt. (1) Resolutions. All actions of the Commission shall be taken by resolution. Each resolution adopted in connection with authorizing public debt shall be reduced to writing and the Executive Secretary shall maintain a full and correct record of each step or proceeding had or taken in the course of authorizing and contracting public debt. Each authorizing resolution shall state each purpose of the debt it authorizes, which statement need not be more specific but shall not be more general than those purposes in or pursuant to law, and the maximum principal amount authorized for each purpose. Public debt may be contracted and evidences of indebtedness issued therefor pursuant to one or more authorizing resolutions, unless otherwise provided in the resolution at any time and from time to time for any combination of purposes, in any specific amounts, at any rates of interest, for any term payable at any intervals, at any place, in any manner and having any other terms or conditions deemed by the Commission to be necessary or useful. Unless debt is sooner incurred or unless a shorter period is provided in such resolution, every authorizing resolution shall expire one year after the date of its adoption if the debt authorized by such resolution has not been issued in whole or in part. In the event it is determined by the Commission that it is to the best interest of the State to fund or refund any such public debt or obligation, the same may be accomplished by resolution of the Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection

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with such funding or refunding to the same extent and with the same effect as though the obligation to be issued had originally been authorized by action of the General Assembly as hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Article VII, Section VI, Paragraph I(a) of the Constitution are applicable and the continuing appropriation required to be made under the said provisions of the Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding and refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred. (a) An authorizing resolution may authorize the negotiation of a loan or loan agreement of any type, upon any terms, with any bank authorized to transact business in this State or with any agency of the United States Government. (b) An authorizing resolution may authorize the issuance and sale of notes or it may authorize the issuance and sale of bonds. In either case, such a sale must be public. (2) Notice and Sale. The Commission may adopt resolutions providing for the sale of evidences of indebtedness which may provide the manner and methods of making the sale, acceptance of bids, delivery dates, and such other actions

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deemed necessary by the Commission in the sale and delivery of such evidences of indebtedness. (3) Form of Obligations. Every loan agreement and every evidence of indebtedness under a loan agreement shall be executed in the name of and for the State by the Chairman and Secretary of the Commission. Every other evidence of indebtedness (except those issued in connection with the incurring of guaranteed revenue debt) shall be executed in the name of the State by the Chairman and Secretary of the Commission and shall be sealed with the Official Seal of the Commission or a facsimile thereof. Coupons shall be executed by the Chairman of the Commission. The facsimile signature of either the Chairman or the Secretary may be imprinted in lieu of the manual signature if the Commission so directs and the facsimile of the Chairman's signature shall be used on coupons; provided, however, the Executive Secretary may sign as Secretary if the Commission so directs. Evidence of indebtedness and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. Each bond representing guaranteed revenue debt shall have stamped or printed thereon a certificate reading as follows: I hereby certify that the State of Georgia guarantees full payment of this obligation and the interest hereon in accordance with its terms and has pledged the full faith, credit and taxing power of the State to such payment. Immediately below which shall appear the facsimile signature of the Secretary of the Commission. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purposes separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purposes and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt.

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Every evidence of indebtedness shall be dated not later than the date the same was issued; shall contain a reference by date of the appropriate authorizing resolution pursuant to which the same was issued and may, but need not, state the purpose for which the debt is being incurred. When debt is being incurred at the same time for more than one purpose, the statement for various purposes shall be authorized. Bonds issued as evidence of general obligation debt or guaranteed revenue debt shall have a certificate of validation bearing the facsimile signature of the Clerk of the Fulton County Superior Court stating the date on which said bonds were validated as hereinafter provided and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this State. (4) Validation. Bonds issued to evidence guaranteed revenue debt shall be validated in the Fulton Superior Court as provided in the Act creating the instrumentality issuing guaranteed revenue debt. Bonds issued to evidence general obligation debt shall be validated in the Fulton County Superior Court as provided herein, notwithstanding any provisions of the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, to the contrary: (a) Notice to District Attorney. The Commission shall give notice to the Fulton County District Attorney of its intention to incur general obligation debt, setting forth the principal amount of issue, the terms of the debt, the purpose, either in general or specific terms, and other terms of the debt to be incurred; provided, however, said notice, in the discretion of the Commission, in lieu of specifying the rate or rates of interest which said bonds are to bear, may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in the notice or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notice. Such notice, signed by the Chairman, Vice Chairman, or Secretary, shall be served to the District Attorney.

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(b) District Attorney to File Suit. Within 20 days from the date of service of notice, provided for above, the District Attorney shall prepare and file in the office of the Clerk of the Superior Court of Fulton County a complaint directed to the Superior Court in the name of the State, and against the Commission, setting forth service of such notice, the amount of the bonds to be issued, for what purpose or purposes to be issued, what interest rate or rates they are to bear, (or the maximum rate or rates of interest), how much principal and interest is to be paid annually, when to be paid in full; and shall obtain from the judge of the said court an order requiring the Commission by its proper officers to appear at such time and place either in term or chambers within 20 days from the filing of the complaint, as the judge may direct, and show cause, if any exist, why the bonds should not be confirmed and validated; which complaint and order shall be served upon the Commission in the manner provided by law and to such complaint the Commission shall make sworn answer within the time prescribed herein. (c) Notice of Hearing. Prior to the hearing of said cause, the Clerk of the Superior Court of Fulton County shall publish in a newspaper, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing of said cause the same will be heard. Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear. (d) Trial of Case; Parties; Judgment; Appeal. Within the time prescribed in the order, or such further time as he may fix, the judge of the said Superior Court shall proceed to hear and determine all questions of law and of fact in said cause, and shall render judgment thereon. Any citizen of this State may become a party to said proceedings at or before the time set for the hearing, and any party thereto dissatisfied with the judgment of the Court confirming and validating issuance of said bonds, or refusing to confirm and validate the issuance of said bonds may appeal from said

Page 771

judgment under the procedure provided by law in cases of injunction. Only a party to the proceedings at the time the judgment appealed from is rendered may appeal from such judgment. In the event no appeal is filed within the time prescribed by law, or, if filed, the judgment shall be affirmed on appeal, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the security therefor, shall forever be conclusive upon the validity of said bonds. (e) Costs. The Commission shall reimburse the District Attorney for his actual costs of said case, if any. The fees payable to the Clerk of the Fulton County Superior Court for validation and confirmation shall be as follows: For each $5,000 bond: First 100 bonds $1.00 101st 500th .25 All over 500 .10 (5) Civil Claims and Suits. Any other provisions of law to the contrary notwithstanding, the provisions of this Act shall govern all civil claims, suits, proceedings and actions respecting public debt. If the State fails to pay any public debt in accordance with its terms, an action to compel such payment may be commenced against the State by delivering a copy of the summons and the complaint to the Attorney General of the State. The place of trial of any such action shall be the Fulton County Superior Court. If there is final judgment against the State in such action, it shall be paid as provided in section 4 of this Act, together with interest thereon at the rate of 7% per annum from the date such payment was judged to have been due until the date of payment of such judgment. d. Registration; Prepayment; Cancellation; Destruction. (1) Registrar. The Fiscal Officer of the State shall act as registrar for evidences of indebtedness registrable as to

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principal or interest or both. No transfer of a registered evidence of indebtedness is valid unless made on the register maintained by the Fiscal Officer of the State for that purpose and the State shall be entitled to treat the registered owner as the owner of such instrument for all purposes. Payment of principal and interest, when registered as to interest, of registered instruments shall be by check to the registered owner as it appears on the register, unless the Commission has otherwise provided. The Commission may make such other provisions respecting registration as it deems necessary or useful. (2) Prepayment. The Commission may authorize debt having any provision for prepayment deemed necessary or useful, including the payment of any premium. (3) Destroyed Bonds. If any evidence of indebtedness becomes mutilated or is destroyed, lost or stolen, the Commission shall execute and deliver a new bond or note of like date of issue, maturity date, principal amount and interest rate per annum as the bond or note so mutilated, destroyed, lost or stolen, upon exchange and substitution for such mutilated bond or note in lieu of and substitution for the bond or note destroyed, lost or stolen, upon filing with the Commission evidence satisfactory to it that such bond or note has been destroyed, lost or stolen and proof of ownership thereof and upon furnishing the Commission with indemnity satisfactory to it and upon complying with other reasonable rules of the Commission and paying expenses connected therewith. Any bond or note surrendered for exchange shall be cancelled. As provided in connection with the issuance of replacement bonds or notes under the provisions of this Section the Commission shall have authority to print the new bonds with a validation certificate bearing the facsimile signature of the Clerk of the Superior Court then in office and such certificate shall have the same force and effect as in the first instance. All responsibility with respect to the issuance of any such new bonds shall be on the Commission and not on said Clerk and said Clerk shall have no liability in the event an overissuance occurs. (4) Interest. Interest shall cease to accrue on public debt

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on the date that such debt becomes due for payment if said payment is made or duly provided for, but such debt and the accrued interest thereon shall continue to be public debt until 20 years overdue for payment. At that time, unless demand for their payment has been made, they shall be extinguished and shall be deemed no longer outstanding. (5) Cancellation. Unless otherwise directed by the Commission, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked cancelled and shall be delivered by the paying agent accepting payment thereof to the Commission who shall destroy them and provide a certificate of destruction to the Fiscal Officer of the State. (6) Records. The Fiscal Officer of the State or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, destruction and every other relevant transaction. e. Paying agent. The Commission may appoint one or more paying agents for each issue of bonds or notes. The Fiscal Officer of the State may be designated the sole paying agent or a co-paying agent for any issue of bonds or notes. Every other such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust business. There may be deposited with a paying agent, in a special account for such purposes only, a sum estimated to be sufficient to enable such paying agent to pay the principal and interest on public debt which will come due not more than 15 days after the date of such deposit. The Commission may make such other provisions respecting paying agents as it deems necessary or useful and may enter into a contract with any paying agents containing such terms, including its compensation, and conditions in regard to the paying agents as it deems necessary or useful. f. Executory Contracts. After adoption of an authorizing resolution for a purpose which is to be accomplished wholly

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or in part through performance of an executory contract by some other contracting party, such contract may be entered into prior to the contracting of the debt authorized by such resolution with like effect as if the funds necessary for payments on the contract were readily available. In such cases the debt authorized by such resolution shall be deemed to have been contracted pursuant to such resolution in the amount necessary to make such payments on the date such contract is entered into and the authority of such resolution shall promptly thereafter be exercised. g. Money Borrowed. All money borrowed shall be lawful money of the United States and all debt shall be payable in such money. h. Evidences of Indebtedness Held by State Funds. All evidences of indebtedness owned or held by any state fund shall be deemed to be outstanding in all respects and the agency having such fund under its control shall have the same rights with respect to such evidences of indebtedness as a private party, but if any sinking fund acquires bonds which give rise to such fund, such bond shall be deemed paid for all purposes and no longer outstanding and together with any interest coupons appurtenant thereto, shall be cancelled. All evidence of indebtedness owned by any state fund shall be registered to the fullest extent registrable. i. Audits. The Commission together with all funds established in connection with public debt shall be audited no less frequently than annually by an independent certified public accountant to be selected by a majority of the Commission. Copies of such audit shall be given to both houses of the General Assembly and shall be available upon request to interested parties including, specifically but without limitation, the holders of evidences of indebtedness. Section 6. Public Debt Proceeds. The Commission shall be responsible for the proper application of the proceeds of public debt issued under the provisions of this Act to the purposes for which it is incurred;

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provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the Commission and disbursed promptly by the Commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the Commission. Bond proceeds held by the Commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government, or obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank and Central Bank for Cooperatives, and no other. Income earned on any such investments shall be retained by the Commission and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article VII of the Constitution are applicable or may be used to pay operating expenses of the Commission provided, however, that no such funds may be used after July 1, 1974 to pay operating expenses of the Commission, except as may be duly specified and approved by resolution of the Commission, to be used to protect and effect rights of the Commission under contracts and safeguard and protect public life and property in connection with projects for which general obligation debt has been incurred. Section 7. Prohibition of Certain Contracts. When any general obligation debt provided for herein has first been incurred by the delivery of such debt to the purchasers thereof, then and from the date of such delivery, the State, and all State institutions, departments and agencies of the State shall be prohibited from entering into any contract

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(except contracts pertaining to guaranteed revenue debt) with any public agency, public corporation, authority or similar entity if such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation or authority and, from and after the date of such delivery, in the event any contract between the State, or any State institution, department or agency of the State and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior to the date of the first delivery of such general obligation debt shall continue to have the benefit of the protection afforded by the provisions of the second paragraph of Paragraph I (a) of Section VI, Article VII of the Constitution as fully and completely as though this Act had not been adopted and for as long as any such contract shall remain in force and effect. Furthermore, nothing in this Act is intended directly or by implication to have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to the holders of obligations secured by such contracts. Section 8. Declarations. a. Full Faith and Credit. The full faith, credit and taxing power of the state are hereby pledged to the payment of all public debt, and the interest thereon, incurred under this Act and all such debt and the interest thereon shall be exempt from taxation. b. Negotiability. Every evidence of indebtedness issued under the provisions of this Act shall be and the same are held to have all the rights and incidences of negotiable instruments, anything in law to the contrary notwithstanding. c. Legal Investments; Securities for Deposit. General obligation debt and guaranteed revenue debt herein authorized

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are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investments companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. Said debt is further hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. d. Notwithstanding the provisions of any other act, employees of the State of Georgia are hereby authorized to hold, purchase and own bonds representing general obligation debt or guaranteed revenue debt issued under the provisions of this Act. e. Exemption from Taxation. After the effective date of this Act, no city, county, municipality or other political subdivision of this State shall impose any tax, assessment, levy, license fee or other fee upon any contractors or sub-contractors as a condition to or result of the performance of a contract, work or services by such contractors or sub-contractors in connection with any project being constructed, repaired, remodeled, enlarged, serviced or destroyed for, or on behalf of, the State, or any of its agencies, boards, bureaus, commissions and authorities; nor shall any city, county, municipality, or other political subdivision of this State include the contract price of or value of such contract, work or services performed on such projects in computing the amount of any tax, assessment, levy, license fee or other

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fee authorized to be imposed on any contractors or subcontractors. Section 9. Liability. Any public officer or employee and any surety on his official bond or any other person participating in any direct or indirect impairment of any fund established in connection with public debt shall be liable in any action brought by the Attorney General in the name of the State, or by any taxpayer of the State, or by the holder of any evidence of indebtedness payable in whole or in part, directly or indirectly, out of such fund, to restore to such fund all diversions therefrom. Section 10. Severability. If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed, including specifically but not with limitations sections 87-101, 87-102, 87-103, 87-104, 87-105, 87-106, 87-107, 87-109, 87-112, 87-113, 87-114, 87-115, 87-116 and 87-117, of the Code of Georgia of 1933. Section 12. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. Effective date. Approved April 13, 1973. MUNICIPAL HOME RULE ACT AMENDEDLEGISLATIVE BODIES MAY FIX COMPENSATION OF THEIR MEMBERS, ETC. No. 377 (Senate Bill No. 394). An Act to amend an Act providing for municipal home rule, approved February 13, 1951 (Ga. L. 1951, p. 116), and an Act granting to the incorporated municipalities of this

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State certain basic powers, approved February 27, 1963 (Ga. L. 1962, p. 140), and an Act providing home rule for municipalities, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended so as to authorize the legislative bodies of municipal corporations of this State to fix the compensation of its members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for municipal home rule, approved February 13, 1951 (Ga. L. 1951, p. 116), is hereby amended by striking from subsection (a) of section 5 thereof the following: or compensation so that when so amended, subsection (a) of section 2 shall read as follows: (a) The establishment of municipal offices, agencies and employments; the definition, regulation and alteration of the powers, duties and qualifications, the fixing of compensation, and terms of tenure of all municipal officers, agents and employees; the establishment and operation of all necessary public utilities: Provided, that the municipal governing authority shall not have the right to fix or change their own terms. Section 2. An Act granting to the incorporated municipalities of this State certain basic powers, approved February 27, 1962 (Ga. L. 1962, p. 140), is hereby amended by striking from subsection (a) of section 2 thereof the following: , nor to alter their own compensation or the compensation of their successors: so that when so amended, subsection (a) of section 2 thereof shall read as follows: (a) The power to establish municipal offices, agencies

Page 780

and employments; to define, regulate and alter the powers, duties, qualifications, compensation and tenure of all municipal officers, agents and employees: Provided, that the municipal governing body shall not have the right to fix or change their own terms or the terms of their successors and: Provided, further, that such duties or responsibilities as are specifically given to a particular official or employee by charter may not be altered. Section 3. An Act providing home rule for municipalities, approved March 26, 1965 (Ga. L. 1965, p. 298), as amended, is hereby amended by striking from subparagraph (1) of subsection (a) of section 4 thereof the following: compensation, and expenses and allowances in the nature of compensation, so that when so amended, subparagraph (1) of subsection (a) of Section 4 shall read as follows: (1) Action affecting the composition, form, procedure for election or appointment, continuance in office and limitation thereon for the members of the Municipal Governing Authority, except as authorized in Title 34A of the Code of Georgia, as amended, or as it may hereafter be amended. Section 4. Said Act is further amended by inserting in Section 5 thereof, between the word employees and the word, and the following: and members of the governing authority and/or legislative body, so that when so amended, said Section 5 shall read as follows: Section 5. The governing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal employees and members of the governing authority and/or legislative body, and to provide insurance, retirement and pension benefits, coverage

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under Federal Old Age and Survivor's Insurance programs, hospitalization benefits, and workmen's compensation benefits, for its employees, their dependents and survivors, provided that no action to increase compensation shall be taken until notice of intent to do so shall be published in a newspaper of general circulation in such municipality at least once a week for three consecutive weeks immediately preceding the week in which such action is taken. 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 13, 1973. MOTOR VEHICLESREGISTRATIONLOCAL GOVERNMENTS AUTHORIZED TO COLLECT PENALTY FEES FOR LATE PURCHASE OF TAGS. Code 68-201 Amended. No. 384 (House Bill No. 408). An Act to amend Ga. Code Chap. 68-2, relating to the registration and licensing of motor vehicles, as amended, particularly by an Act approved April 8, 1969 (Ga. Laws 1969, p. 266), so as to allow local governmental jurisdictions to collect the penalty fees for the late purchase of vehicle tags; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code Chap. 68-2, relating to the registration and licensing of motor vehicles, as amended, particularly by an Act approved April 8, 1969 (Ga. L. 1969,

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p. 266), is hereby amended by striking Ga. Code section 68-201 in its entirety and inserting a new section to read as follows: Ga. Code Section 68-201. Every owner of a motor vehicle, trailer, tractor (except tractors used only for agricultural purposes) or motorcycle shall, on or before the first day of April in each year, before he shall operate such motor vehicle, tractor, trailer or motorcycle, or within seven days following the purchase of a new or unregistered motor vehicle, trailer, tractor (except tractors used only for agricultural purposes), or motorcycle, register such vehicle in the office of the State Revenue Commissioner, and obtain a license to operate the same for the ensuing year; and every chauffeur employed to operate motor vehicles shall likewise register and obtain a license as hereinafter provided; Provided, that on and after the second day of April in each year the owner of an automobile, truck or trailer, registered for the previous year, who shall have failed to comply with the provisions of this section, shall be deemed and held to be a delinquent under the provisions of this section, and the registration of such automobile, truck or trailer shall, on said second day of April and thereafter, be subject to a penalty of 25 per cent of the registration fee for said automobile, truck or trailer in addition to the fee herein provided; and all applications made to the State Revenue Commissioner for the registration of said delinquent automobile, truck or trailer shall, before being accepted by the State Revenue Commissioner, be first indorsed by the sheriff or a deputy sheriff, chief of police, or his designated representative, or by a State highway patrolman or by a State Revenue field inspector or by a Department of Transportation motor vehicle inspector or by a Tax Commissioner or by a Tax Collector; and the officer indorsing such delinquent application shall indicate, with his indorsement on said application, the total amount of the prescribed registration fee together with the 25 per cent penalty herein provided and the sum of $1, and the full total of such amount shall be remitted or paid to the Tax Commissioner or Tax Collector before any license tag or serial numbers as provided for in this Chapter shall be assigned to said applicant: Provided, further, that

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the purpose of this provision being the better and more complete enforcement of the motor vehicle law, all such penalties as are herein assessed shall be accredited in the office of the Tax Commissioner or Tax Collector when received in the name of the officer making the indorsement without regard to the residence of the applicant, whether the same are received through the exercise of their authorities as an arresting officer or whether through appearance of the applicant at their offices for proper indorsement on an application; and between the first and fifth days of each calendar month the Tax Commissioner or Tax Collector shall remit to the respective fiscal authorities the full amount of such penalties accredited to such officers during and for the preceding calendar month: Provided, the full amount of all penalties collected in such counties shall be remitted to the fiscal authorities of such counties and cities: Provided, however, all sums accredited to State highway patrolmen, or State Revenue field inspectors or Department of Transportation motor vehicle inspectors shall be paid to the county fiscal authorities, and it shall be expressly understood and provided that the penalty herein levied and designated shall be in lieu of and stand in the place of any and all other penalties for delinquency in the registration provided for in this section on or before the first day of April in each year: Provided, further, that the provisions of this section shall not apply to motor vehicles, trailers, tractors or motorcycles owned by the State of Georgia or any municipality or other political subdivision of this State and used exclusively for governmental functions: Provided, further, that the provisions of this section shall not apply to any four-wheel trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination. Code 68-201 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1973.

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TEACHERS' RETIREMENT SYSTEMCREDITABLE SERVICE TIME REDUCED. No. 385 (Senate Bill No. 40). An Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 542), so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 542), is hereby amended by striking in its entirety subsection (10) of section 4 and by inserting in lieu thereof a new subsection (10) which shall read as follows: (10) Any other provisions of this Act to the contrary notwithstanding, the right of the service retirement benefit under the provisions of this Act shall vest in a member who withdraws from service prior to attaining age sixty, providing said member shall have completed at least ten years of creditable service and has not withdrawn his contributions. Said member shall upon filing an application as provided in this Act become entitled to service retirement benefit upon his attainment of the age of sixty or at his option at any date subsequent thereto. The service retirement benefit of any such member shall be as set forth in the Act based on the total credits accrued at the date of his withdrawal from service, or if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contributions at the time of his withdrawal from service, and nothing

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in this Act shall be construed as providing for any benefits prior to attaining age sixty other than a return of the contributions in case of death. Any other provisions of this Act to the contrary notwithstanding the provisions of this subsection shall inure retroactively to the benefit of all members who completed at least twenty years creditable service prior to January 1, 1954, and who have not withdrawn their contributions. In case a member returns to active service in the public schools or University System of Georgia for one year or more prior to age sixty (60), he may re-establish such credits that he had at the time he withdrew from active service and such credits in which the member had a vested right to a service retirement benefit under this subsection, by paying a fee of twenty-five (25%) percent of his last annual salary prior to freezing his credits or the accrued interest at the rate of three and one-half (3 1/2%) percent compounded annually on his annuity account from the date of freezing to date of payment whichever is greater. Time. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. SUPERIOR COURT JUDGES' EMERITUSPROVISIONS RELATING TO WIDOWS CHANGED. No. 386 (Senate Bill No. 42). An Act to amend an Act creating the office of judge of the superior courts emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 275), and by an Act approved March 11, 1970 (Ga. L. 1970, p. 249), so as to change the provisions relative to widows' benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of judge of the

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superior courts emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 275), and by an Act approved March 11, 1970 (Ga. L. 1970, p. 249), is hereby amended by striking subsection (c) of section 10A in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Upon the death of any superior court judge having made the election provided for in subsection (a) above who was at the time of his death (1) serving as a judge emeritus, or (2) eligible for appointment to judge emeritus, or (3) eligible for appointment to judge emeritus except for not having attained age 60, the widow of such judge shall receive for the remainder of her life a monthly benefit equal to the emeritus salary which the judge was drawing or which he was eligible to draw at the time of his death, or which he would have been eligible to draw had he lived and been appointed judge emeritus; except that in the event the widow of any such judge so electing is younger than such judge, the benefit paid to her shall be converted to the actuarial equivalent on her attained age at the time of his death based on actuarial tables adopted by the trustees of the Superior Court Judges Retirement Fund as recommended by an actuary selected by such trustees: Provided, however, the provisions of this exception shall not apply to the widow of any such judge if she had been married to such judge at least 20 years prior to the death of such judge. Widow. 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 17, 1973.

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ATLANTA JUDICIAL CIRCUITCERTAIN RESTRICTIONS APPLICABLE TO ASSISTANT DISTRICT ATTORNEYS REMOVED, ETC. No. 387 (Senate Bill No. 53). 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 23, 1972 (Ga. L. 1972, p. 378), so as to remove certain restrictions and limitations upon payments and benefits applicable to assistant district attorneys and place said assistant district attorneys on the same basis as to payments and benefits as the other persons who are members of and covered by Fulton County pension and retirement funds and plans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said Circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 378), is hereby further amended by striking the proviso in the second paragraph of section 5 of said Act as the same appears amended in said Act approved March 23, 1972 (Ga. L. 1972, p. 378). 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, 1973, to amend an Act creating the Judges' and Solicitor Generals' Retirement

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Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299) as amended, 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 Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the Editor of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20, 27 days of December, 1972, and on the 3rd days of January, 1973 As provided by law. /s/ Bessie Kempton Crowell Subscribed and sworn to before me, this 9th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973. TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT AMENDEDCERTAIN INFERIOR COURT EXCLUDED. No. 390 (Senate Bill No. 66). An Act to amend an Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. 1968, p. 259), as amended, so as to exclude from said Act a certain inferior court; to provide an effective

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date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended, is hereby amended by inserting in subsection (b) of section 2 between the words, Fulton County and the words, courts of ordinary the following words, the State Court of Richmond County, so that when so amended subsection (b) of section 2 shall read as follows: (b) `Inferior Courts', for the purposes of this Act means courts which have certain concurrent jurisdiction with the superior courts and which are empowered to conduct trials by jury and try State offenses and which have presiding judges and solicitors, but said term shall not include civil and criminal courts of Fulton County, the State Court of Richmond County, courts of ordinary, justice courts, police courts, mayors' courts, municipal courts, small claims courts, and any courts, by whatever name called, which were created by or are operated under the provisions of city charters. Inferior Courts 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 April 17, 1973.

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PETROLEUM PRODUCTSCERTAIN PENALTIES FOR VIOLATION OF CERTAIN LAWS PROVIDED. Code Chapter 73-2 Amended. No. 392 (Senate Bill No. 73). An Act to amend Code Chapter 73-2, relating to the inspection and sale of gasoline, kerosene and other petroleum products, as amended, so as to provide for civil penalties for the violation of certain laws; to provide for hearings; to provide for practice and procedure in connection with such penalties; to amend an Act providing for the regulation of signs advertising the price of motor fuel, approved March 10, 1959 (Ga. L. 1959, p. 135), as amended by an Act approved March 16, 1960 (Ga. L. 1960, p. 826), so as to provide that if the price of motor fuel is advertised on any sign, billboard, placard, or other advertising medium, it shall be unlawful to place a higher price on any pump dispensing such motor fuel or to charge a higher price for such motor fuel; to provide that any person dispensing motor fuel shall not be precluded from giving a discount from the posted or advertised price if the purchaser of the motor fuel buys additional merchandise; to provide that it shall be unlawful for any person dispensing motor fuel to advertise upon the purchase of motor fuel, either free (a) gifts or other products unless such person has sufficient number of gifts or products on hand to supply the reasonably expectable demand or the advertisement discloses a limitation of quantity, or (b) car washes or other services unless such person is prepared, in the absence of causes beyond the reasonable control of the offeror, to perform such car washes or the services advertised at the time of the purchase at such person's place of business or at a place of business affiliated by trademark or agreement with such person; to provide that if the free car washes or other services advertised are to be performed at a place of business affiliated by trademark or agreement but in a separate location, such fact shall be so stated on the sign, billboard, placard or other advertising medium used; to repeal conflicting laws; and for other purposes.

Page 791

Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 73-2, relating to the inspection and sale of gasoline, kerosene and other petroleum products, as amended, is hereby amended by adding to said Code Chapter, following Code section 73-223, a new Code Section to be designated Code section 73-223.1, to read as follows: 73-223.1. Civil penalties. Any person violating any provision of: (a) Code Chapter 73-2, relating to the inspection and sale of gasoline, kerosene and other petroleum products as amended, or Code 73-223.1 enacted. (b) An Act amending Title 73, Chapter 73-2 of the Code of Georgia of 1933, by adding two new Sections, approved March 31, 1937 (Ga. L. 1937, p. 477), as amended, or (c) An Act amending Section 73-222 of the Code of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 391), or (d) An Act providing for the regulation of sign advertising the price of motor fuel which are displayed by retailers of motor fuel, approved March 10, 1959 (Ga. L. 1959, p. 135), as amended, or (e) An Act amending Chapter 73-2 of the Code of Georgia, approved March 17, 1960 (Ga. L. 1960, p. 1043), or (f) Any rule, regulation or standard promulgated or adopted by the Commissioner of Agriculture or the State Department of Agriculture under the provisions of any of the above, shall be liable to a civil penalty not to exceed $1,000 for such violation. The Commissioner, after a hearing, shall determine whether any person has violated any provision of this Section, and upon a proper finding may issue his order imposing a civil penalty as provided in this Section. All hearings and proceedings under this Section shall be held and taken under the provisions of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 38), as amended.

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Section 2. An Act providing for the regulation of signs advertising the price of motor fuel, approved March 10, 1959 (Ga. L. 1959, p. 135), as amended by an Act approved March 16, 1960 (Ga. L. 1960, p. 826), is hereby amended by adding to section 1, preceding the last sentence of said section, the following: If the price of motor fuel is advertised on any sign, billboard, placard or other advertising medium, it shall be unlawful to place a higher price on any pump dispensing such motor fuel or to charge a higher price for such motor fuel. Any person dispensing motor fuel shall not be precluded from giving a discount from the posted or advertised price if the purchaser of the motor fuel buys additional merchandise. It shall be unlawful for any person dispensing motor fuel to advertise upon the purchase of motor fuel, either free (a) gifts or other products unless such person has sufficient number of gifts or products on hand to supply the reasonably expectable demand or the advertisement discloses a limitation of quantity, or (b) car washes or other services unless such person is prepared, in the absence of causes beyond the reasonable control of the offeror, to perform such car washes or the services advertised at the time of the purchase at such person's place of business or at a place of business affiliated by trademark or agreement with such person. If the free car washes or other services advertised are to be performed at a place of business affiliated by trademark or agreement but in a separate location, such fact shall be so stated on the sign, billboard, placard or other advertising medium used., so that when so amended, section 1 shall read as follows: Section 1. Any sign or placard or other means used to advertise the price of motor fuel for sale at retail for use in motor vehicles may contain a separate listing of the price and a separate listing of each tax thereon, but must contain a total of such price and taxes which shall be at least as large as the listing of the price or any tax thereon. Numbers used to advertise the total price of such motor fuel shall be of uniform size, and where fractions are used, the numerator and denominator thereof combined shall be of the same size

Page 793

as any whole numbers used. It shall not be necessary that a denominator be used to indicate fractions, but if one is not used, the numerator must be at least half the size of the whole number used. If the price of motor fuel is advertised on any sign, billboard, placard or other advertising medium, it shall be unlawful to place a higher price on any pump dispensing such motor fuel or to charge a higher price for such motor fuel. Any person dispensing motor fuel shall not be precluded from giving a discount from the posted or advertised price if the purchaser of the motor fuel buys additional mechandise. It shall be unlawful for any person dispensing motor fuel to advertise upon the purchase of motor fuel, either free (a) gifts or other products unless such person has sufficient number of gifts or products on hand to supply the reasonably expectable demand or the advertisement discloses a limitation of quantity, or (b) car washes or other services unless such person is prepared, in the absence of causes beyond the reasonable control of the offeror, to perform such car washes or the services advertised at the time of the purchase at such person's place of business or at a place of business affiliated by trademark or agreement with such person. If the free car washes or other services advertised are to be performed at a place of business affiliated by trade mark or agreement but in a separate location, such fact shall be so stated on the sign, billboard, placard or other advertising medium used. Provided, however nothing in this Act shall preclude posting on any pumps dispensing motor fuel a separate statement of taxes included in the total purchase price for the purpose of complying with the Georgia Sales Tax Act. Price listed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.

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EMPLOYEE'S SUGGESTION AND AWARDS BOARD ACT AMENDEDPROGRAM REDEFINED, ETC. No. 400 (Senate Bill No. 115). 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), and an Act approved April 3, 1972 (Ga. L. 1972, p. 914), so as to redefine the term Employees' Suggestion and Awards Program; to provide that compensation paid to employees for suggestions shall be paid by the agency in which the suggestion is adopted; 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 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), and an Act approved April 3, 1972 (Ga. L. 1972, p. 914), 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) `Employees' Suggestion and Awards Program' means the program developed by the board under this Act for employees with the classified service as defined in subsection (a) of Section 1 of an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 10, 1971 (Ga. L. 1971, p. 45), as now or hereafter amended. Program redefined. 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

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agency in which the suggestion is adopted. 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 17, 1973. GAME AND FISHPROVISION MADE FOR DISTRICT ATTORNEY TO BRING CERTAIN IN REM PROCEEDINGS. No. 401 (Senate Bill No. 132). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide that the district attorney whose circuit includes the county in which a seizure is made, rather than the Director of the State Game and Fish Commission, shall bring all in rem proceedings against any vehicle, boat, animal or firearm used in the hunting of deer at night and shall bring all in rem proceedings against any boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in illegal fishing; to provide that the Attorney General may, upon the request of the Director of the State Game and Fish Commission, aid the district attorney in the in rem proceeding arising from any confiscation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws

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relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking the word director wherever it appears in subsections (b), (c) and (f) of section 67 and wherever it appears in subsection (d) of section 94 and inserting in lieu thereof the words district attorney whose circuit includes the county in which a seizure is made. Section 2. Said Act is further amended by adding the following sentence at the end of subsection (c) of section 67 and at the end of subsection (d) of Section 94: Provided, however, that the Attorney General may, upon the request of the Director of the State Game and Fish Commission, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property. 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 17, 1973. INTERSTATE COMPACT ON MENTAL HEALTH ACT. No. 402 (Senate Bill No. 180). An Act to enact the Interstate Compact on Mental Health; to provide for the purpose and policy of said compact; to define the terminology used in said compact; to provide for the procedures and rights arising under said compact; to provide for the designation of the compact administrator; to provide for supplementary agreements; to provide for funds; to provide for transferees; to provide for withdrawal from or termination of said compact; to provide for the distribution of copies of this Act; to provide for all

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matters relative to the foregoing; 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 Compact on Mental Health Act. Section 2. The Interstate Compact on Mental Health is hereby enacted into law and entered into by the State of Georgia with any and all states legally joining therein in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The Contracting States solemnly agree that: ARTICLE I The party States find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party States find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party States to provide the necessary legal basis for the institutionalized or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party States in terms of such welfare. ARTICLE II As used in this compact, the following terms shall have the meanings respectively ascribed to them in this Article: (a) `Sending State' shall mean a party State from which a patient is transported pursuant to the provisions of the

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compact or from which it is contemplated that a patient may be so sent. Definitions. (b) `Receiving State' shall mean a party State to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent. (c) `Institution' shall mean any hospital or other facility maintained by a party State or political subdivision thereof for the care and treatment of mental illness or mental deficiency. (d) `Patient' shall mean any person subject to or eligible as determined by the laws of the sending State, for institutionalization or other care, treatment or supervision pursuant to the provisions of this compact. (e) `After-care' shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release. (f) `Mental illness' shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community. (g) `Mental deficiency' shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself or his affairs, but shall not include mental illness as defined herein. (h) `State' shall mean any State, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ARTICLE III (a) Whenever a person physically present in any party State shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for

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care and treatment in an institution in that State irrespective of his residence, settlement or citizenship qualifications. Care provided. (b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another State whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. Transfer. (c) No State shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending State has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient, given the qualified medical or other appropriate clinical authorities of the receiving State an opportunity to examine the patient if said authorities so wish; and unless the receiving State shall agree to accept the patient. Advance notice. (d) In the event that the laws of the receiving State establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. ARTICLE IV (a) Whenever, pursuant to the laws of the State in which a patient is physically present, it shall be determined that the

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patient should receive after-care or supervision, such care or supervision may be provided in a receiving State. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending State shall have reason to believe that after-care in another State would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving State to investigate the desirability of affording the patient such after-care in said receiving State, and such investigation shall be made with all immediate speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent. After-care supervision. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending State and the appropriate authorities in the receiving State find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving State. (c) In supervising, treating or caring for a patient on after-care pursuant to the terms of this Article, a receiving State shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients. ARTICLE V Whenever a dangerous or potentially dangerous patient escapes from an institution in any party State, that State shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the State where found pending disposition in accordance with law. Dangerous patients.

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ARTICLE VI The duly accredited officers of any State party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all States party to this compact, without interference. Transport of patients. ARTICLE VII (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving State shall have the effect of making the person a patient of the institution in the receiving State. (b) The sending State shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party States may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. Costs. (c) No provision of this compact shall be construed to alter or affect any internal relationships 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. (d) 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 any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party State and a non-party State relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

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ARTICLE VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties and responsibilities of any patient's guardian on his behalf or in respect to any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving State may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending State, the court of competent jurisdiction in the sending State shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving State may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending State in lieu of making a supplemental or substitute appointment. Guardian's duties. (b) The term `guardian' as used in paragraph (a) of this Article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or with responsibility for the person or property of a patient. ARTICLE IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. Exemption. (b) To every extent possible, it shall be the policy of

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States party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency. ARTICLE X (a) Each party State shall appoint a `compact administrator' who, on behalf of his State, shall act as general coordinator of activities under the compact in his State and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his State either in the capacity of sending or receiving State. The compact administrator or his duly designated representative shall be the official with whom other party States shall deal in any matter relating to the compact or any patient processed thereunder. Compact administrator. (b) The compact administrators of the respective party States shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE XI The duly constituted administrative authorities of any two or more party States may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the States concerned shall find that such agreements will improve services, facilities or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party State of any obligation which it otherwise would have under other provisions of this compact. Supplementary agreements. ARTICLE XII This compact shall enter into full force and effect as to any State when enacted by it into law and such State shall thereafter be a party thereto with any and all States legally joining therein.

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ARTICLE XIII (a) A State party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the Governors and compact administrators of all other party States. However, the withdrawal of any State shall not change the status of any patient who has been sent to said State or sent out of said State pursuant to the provisions of the compact. Withdrawal. (b) Withdrawal from any agreement permitted by Article VII, (b), as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement. ARTICLE XIV 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 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 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 State affected as to all severable matters. Severability. ARTICLE XV (a) Pursuant to said compact, the Commissioner of Human Resources, or his delegate, is hereby designated to be the compact administrator. The compact administrator, acting jointly with like officers of other party States, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. 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

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facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this State thereunder. Compact administrator designated. (b) The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other States pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service of this State, no such agreement shall have 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. (c) The compact administrator, using funds appropriated to the Department of Human Resources, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder. (d) Duly authenticated copies of this Act shall be transmitted by the Secretary of State of the State of Georgia to the Governor of each State, to the Attorney General and the Administrator of General Services of the United States, and to the Council of State Governments, and to the Veterans Administration. (e) The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transfer from an institution in this State to an institution in another party State, to take no final action without notice to the admitting court or in case of admission other than by a court, then notice to the admitting medical facility is required. (f) In the administration of this compact, the compact administrator shall in no way abridge the rights or privileges of any patient to appeal to the courts for a hearing as provided under the law of Georgia. Appeals.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. MENTAL HEALTHRIGHTS OF MENTALLY RETARDED PROTECTED. Code 88-2515 Enacted. No. 403 (Senate Bill No. 185). An Act to amend Code Chapter 88-25, relating to mental retardation, so as to recognize and expressly protect the rights of any person admitted under said Chapter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-25, relating to mental retardation, is hereby amended by adding at the end thereof a new Code section, to be numbered Code Section 88-2515, and to read as follows: 88-2515. Rights of Persons Admitted Under This Chapter. Each person who is under the care of the Department of Human Resources as successor to the Department of Health, for treatment under the provisions of this Chapter, either through voluntary application or involuntary procedure, shall have the rights and privileges defined in section 88-502.1, 88-502.2, 88-502.3, 88-502.4, 88-502.5, 88-502.6, 88-502.7, 88-502.8, 88-502.9, and 88-502.12 of the `Georgia Health Code'. Code 88-2515 enacted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.

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DEPARTMENT OF PUBLIC SAFETYISSUANCE OF IDENTIFICATION CARDS TO CERTAIN HANDICAPPED PERSONS AUTHORIZED. No. 406 (Senate Bill No. 262). An Act to require the Department of Public Safety to issue identification cards to handicapped persons who do not have a motor vehicle drivers' license; to provide for the form and contents of said identification card; to authorize the Commissioner of Public Safety to promulgate rules and regulations; to provide the fee for said identification card; to require an applicant to furnish proof of date of birth; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Department of Public Safety shall issue personal identification cards to handicapped persons who do not have a motor vehicle drivers' license and who make application to the Department in accordance with rules and regulations prescribed by the Commissioner of Public Safety. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall include the following information: Identification cards. (a) full legal name, (b) address of residence, (c) birthdate, (d) date identification card was issued, (e) sex, (f) height, (g) weight, (h) eye color,

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(i) post where the identification card was issued, (j) signature of person identified. The identification card shall bear the signatures of the Commissioner of Public Safety and the Governor and shall bear an identification card number which shall be the same as the social security number of the person identified. Section 2. The Commissioner of Public Safety shall promulgate rules and regulations under which the provisions of this Act shall be implemented and administered. Rules. Section 3. The Department of Public Safety shall collect a fee of $3.00 for the identification card, which fee shall be deposited in the treasury of the State in the same manner as other motor vehicle drivers' license fees. Fee. Section 4. The Department of Public Safety shall require an applicant for an identification card to furnish a birth certificate or other verifiable evidence stating the applicant's birthdate. Birthdate. Section 5. Any person who knowingly makes any false statement in an application for an identification card provided for by this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by law. Penalty. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. POLITICAL SUBDIVISIONSCERTAIN EMPLOYEES UNDER SOCIAL SECURITY ACTCOOPERATIVE EDUCATIONAL SERVICE AGENCIES PROVIDED, ETC. No. 408 (Senate Bill No. 266). An Act to amend an Act providing coverage for certain employees of the political subdivisions of this State under

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the Social Security Act, approved February 21, 1951 (Ga. L. 1951, p. 457), as amended, particularly by an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb., p. 253), so as to make provisions for cooperative educational service agencies in relation to certain collections from their employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing coverage for certain employees of the political subdivisions of this State under the Social Security Act, approved February 21, 1951 (Ga. L. 1951, p. 457), as amended, particularly by an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb., p. 253), is hereby amended by striking in its entirety subsection (e) of section 4 and substituting in lieu thereof the following: (e) Should any county or independent board of education or any cooperative educational service agency who has entered into a plan of coverage for their employees with the State agency as provided for in this section fail to make collection from their employees and to make reports and payments agreed to in their plan of coverage, it shall be the duty of the State agency to notify the State Board of Education of such failure and thereupon it shall be the duty of the State Board of Education to withhold from said county board of education or independent board of education or any cooperative educational service agency failing to make such reports and remittances, all appropriations allotted to such county or independent board or any cooperative educational service agency until said county or independent board or any cooperative educational service agency has fully complied with the provisions agreed to in their plan of coverage by making reports and remittances of the payments provided for in their plan of coverage entered into with the State agency, and it shall be illegal for the State Board or Department of Education to pay out or release such funds, unless the provisions of this Section are complied with.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. DEPARTMENT OF LAWCERTAIN REIMBURSEMENTS PROVIDED, ETC. No. 410 (Senate Bill No. 274). An Act to define the term State Retirement Systems; to provide for reimbursement of the Department of Law by the State Board of Workmen's Compensation or by the State Retirement Systems requesting legal services; 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. As used in this Act, the term State Retirement Systems is defined to mean the following retirement systems: Employees' Retirement System of Georgia, Teachers' Retirement System of Georgia, Public School Employees' Retirement System, and Trial Judges' and Solicitors' Retirement Fund. State Retirement Systems redefined. Section 2. When the Attorney General shall assign any Assistant Attorney General, Deputy Assistant Attorney General, Special Deputy Assistant Attorney General, or Attorney to perform specific legal services requested by the State Board of Workmen's Compensation or by any State Retirement System, the State Board of Workmen's Compensation or the State Retirement System requesting such services shall reimburse the Department of Law for such services as hereinafter provided. Reimbursement. Section 3. From time to time the Attorney General shall submit to the State Board of Workmen's Compensation or to the State Retirement Systems requesting legal services a

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statement of the expenses of such legal services incurred by the Department of Law, such statements to include the names of the Assistant Attorneys General, Deputy Assistant Attorneys General, Special Deputy Assistant Attorneys General, or Attorneys performing such services, the items of legal services performed, and the costs thereof. The State Board of Workmen's Compensation and the State Retirement Systems are authorized to reimburse the Department of Law for such services and expenses. Provided, however, that the amount of such services and expenses shall have the advance approval of the Director of the State Board of Workmen's Compensation and the State Retirement Systems requesting such services. Expenses. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. BANKS AND BANKINGQUALIFICATIONS OF DIRECTORS CHANGED. Code 13-2002 Amended. No. 412 (Senate Bill No. 301). An Act to amend Code Section 13-2002, relating to qualifications of directors, as amended, so as to change the qualifications of directors; 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 13-2002, relating to qualifications of directors, as amended, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 13-2002, to read as follows: 13-2002. Qualifications of Directors. (a) Each director shall be a citizen of the United States and at least sixty percent

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of the directors shall be residents of the county in which the principal place of business of the bank is located, or within forty miles of the principal place of business, or any bank office thereof. Code 13-2002 amended. (b) Every director must own in his own right and unpledged capital stock of the bank having a par value of at least one thousand dollars ($1,000.00), except that (i) directors who are legally qualified to serve prior to July 1, 1973, may continue to serve and shall be considered as qualified within the meaning of this Section for such time as they are continuously members of the board of directors of their bank, and (ii) directors who are members of the board of directors of a bank of which the majority of the voting shares of capital stock is owned by another corporate entity may in lieu of the qualifying shares required herein own in their own right and unpledged capital stock of that corporation or of any corporation owning the majority of its voting shares having a par value of not less than one thousand dollars ($1,000.00). (c) Any director who ceases to be the owner of the capital stock herein required, or who pledges the same, or who becomes in any other manner disqualified, shall vacate his place as a member of the board. 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 17, 1973.

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INSURANCEHOSPITAL SERVICE NONPROFIT CORPORATIONSCOMPREHENSIVE HEALTH CARE CONTRACTS AUTHORIZED, ETC. Code Chapter 56-17 Amended. Code Capter 56-18 Amended. No. 413 (Senate Bill No. 304). An Act to amend Code Chapter 56-17, relating to hospital service nonprofit corporations, as amended, so as to provide that said corporations may contract with persons, firms and corporations to provide a system of comprehensive health care and may contract with providers of health care; to amend Code Chapter 56-18, relating to nonprofit medical service corporations, so as to provide that podiatrists shall have the same rights, benefits, privileges and responsibilities as doctors of medicine and surgery and doctors of dental surgery as provided in said Code Chapter; to clarify the provisions of said Code Chapter as regards the status of dentists; to provide that nonprofit medical service corporations may contract with persons, firms and corporations to provide a system of comprehensive health care and may contract with providers of health care; 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 56-17, relating to hospital service nonprofit corporations, as amended, is hereby amended by adding a new Code section at the end thereof, to be designated Code section 56-1722, to read as follows: 56-1722. Contracts to provide comprehensive health care. Notwithstanding any other provisions of this Chapter, a corporation created pursuant to this Chapter may contract with persons, firms, corporations, and governmental agencies otherwise authorized by law to provide to the beneficiaries of such contracts a system of comprehensive health care and may contract with providers of health care, upon

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such terms and subject to such limitations as the corporation deems likely to provide comprehensive health care to such beneficiaries on an economical basis; provided that the form of such contracts shall be first submitted to the Commissioner for his approval. Code 56-1722 enacted. Section 2. Code Chapter 56-18, relating to nonprofit medical service corporations, is hereby amended by adding in subsection (1) of Code section 56-1801, after the words medical and surgical, the following: , dental and podiatric, and by adding after the word medicine, the following: , dentistry and podiatry, so that when so amended, said subsection (1) shall read as follows: (1) It is declared to be the public policy of this State to conserve its human resources by making available to all its citizens medical and surgical, dental and podiatric care in keeping with modern scientific practices in the field of medicine, dentistry and podiatry, and to this end this law is enacted. Code 56-1801 amended. Section 3. Said Code Chapter 56-18 is further amended by adding in subsection (2) of Code section 56-1802, after the words physician and surgeon, the following: , dentist or podiatrist, and by adding after the words medical or surgical, the following: , dental or podiatric, so that when so amended, said subsection (2) shall read as follows: (2) `Medical service plan' means a plan or arrangement

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under which `medical services' are or may be rendered to a subscriber, a covered dependent or other beneficiary by a licensed physician and surgeon, dentist or podiatrist and under which `additional services and supplies' are or may be rendered to a subscriber, a covered dependent or other beneficiary by another person or persons at the expense of a medical service corporation, as defined herein, in consideration of periodical payments made by the subscriber or another in his behalf prior to the occurrence of the condition calling for the rendition of medical or surgical, dental or podiatric services or additional services and supplies. Code 56-1802 (2) amended. Section 4. Said Code Chapter 56-18 is further amended by adding in subsection (3) of Code section 56-1802, after the word surgery, the words and podiatry, so that when so amended, said subsection (3) shall read as follows: (3) `Medical services' means the general and usual services and care rendered and administered by doctors of medicine and doctors of dental surgery and podiatry. It shall not include hospital service. Code 56-1802 (3) amended. Section 5. Said Code Chapter 56-18 is further amended by adding in subsection (7) of Code section 56-1802, after the words in this State, where they first appear, the words: under the provisions of Georgia Code Chapter 84-9, and by adding after the words in this State, where they next appear, the following: under the provisions of Georgia Code Chapter 84-7, and a podiatrist licensed to practice podiatry in this State under the provisions of Georgia Code Chapter 84-6, so that when so amended, said subsection (7) shall read as follows: (7) `Participating physician' means a doctor of medicine licensed to practice medicine and surgery in this State under the provisions of Georgia Code Chapter 84-9, and a dental

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surgeon licensed to practice dental surgery in this State under the provisions of Georgia Code Chapter 84-7, and a podiatrist licensed to practice podiatry in this State under the provisions of Georgia Code Chapter 84-6, who agrees in writing, with a medical service corporation to perform the medical services specified in the subscription certificates issued by the corporation, and at such rates of compensation as shall be determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating physicians. Code 56-1802 (7) amended. Section 6. Said Code Chapter 56-18 is further amended by striking from Code section 56-1803, the following: medical or surgical care, or both,, where they first appear, and inserting in lieu thereof the words: medical services as herein defined, and by inserting after the words licensed doctors of medicine, the words: or licensed doctors of dental surgery or licensed podiatrists, and by striking the words medical or surgical care, where they last appear, and inserting in lieu thereof the words: medical services, so that when so amended, said Code section 56-1803 shall read as follows: 56-1803. Corporations to provide medical services. Corporations contemplated by this Chapter may be incorporated for the purpose of establishing, maintaining, and operating a nonprofit medical service plan under which medical services as herein defined may be rendered by licensed

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doctors of medicine or licensed doctors of dental surgery or licensed podiatrists with whom any such corporation has contracted for such medical services, as herein defined. Code 56-1803 amended. Section 7. Said Code Chapter 56-18 is further amended by striking from Code section 56-1804, the following: the medical or surgical care, or both, and inserting in lieu thereof the words: medical services, so that when so amended, said Code section 56-1804 shall read as follows: 56-1804. Corporations to be nonprofit organizations; administration expenses. Such corporations shall be governed and conducted as nonprofit organizations for the sole purpose of offering and furnishing a medical service plan or plans to its members, beneficiaries and covered dependents in consideration of the payment by such members or other persons of a definite sum for medical services, so contracted to be furnished: Provided, however, the necessary expense of administering the affairs of said corporation may be paid from the dues or payments collected. Code 56-1804 amended. Section 8. Said Code Chapter 56-18 is further amended by striking from Code section 56-1808, the following: medical or surgical care, or both,, wherever the same shall appear, and inserting in lieu thereof the words: medical services, so that when so amended, said Code section 56-1808 shall read as follows: 56-1808. Membership in corporation; applications. Corporations when organized shall be authorized to accept

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applicants individually or in groups who may become members of said corporation furnishing medical services under a contract which shall entitle each member, beneficiary, and covered dependents to such medical services for such a period of time as is provided therein; and such corporations shall be governed by this Chapter. Code 56-1808 amended. Section 9. Said Code Chapter 56-18 is further amended by striking from Code section 56-1810, the following: medical or surgical care, or both,, wherever the same small appear, and inserting in lieu thereof the words: medical services, so that when so amended, said Code section 56-1810 shall read as follows: 56-1810. Authority of corporations to contract. Corporations shall have the authority to contract with physicians, for payment of services rendered, in such manner as to assure to each person holding a contract of said corporation the furnishing of such medical services as may be agreed upon in the contract of said corporation, with the right of said corporation to limit in said contract the types of diseases and conditions for which it shall furnish medical services. Code 56-1810 amended. Section 10. Said Code Chapter 56-18 is further amended by striking Code section 56-1811 in its entirety and substituting in lieu thereof a new Code section 56-1811 to read as follows: 56-1811. Limitation upon authority. Corporations shall have authority to contract with only licensed doctors of medicine, licensed doctors of dental surgery or licensed podiatrists: Provided, however, that all contracts issued by such corporations to members shall contain a provision, to be first approved by the Commissioner, which shall permit

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the persons with whom made, and all persons entitled to medical service thereunder, the right to receive such service, either in ordinary or emergency cases, from any licensed doctor of medicine, licensed doctor of dental surgery or licensed podiatrist selected by such person, and that such doctor of medicine, licensed doctor of dental surgery or licensed podiatrist will be paid by such corporation an amount provided for in the contract of such corporation for nonparticipating licensed doctors of medicine, licensed doctors of dental surgery or licensed podiatrists. Code 56-1811 amended. Section 11. Said Code Chapter 56-18 is further amended by striking from Code section 56-1812, the following: medical or surgical care, or both,, and inserting in lieu thereof the words: medical services, so that when so amended, said Code section 56-1812 shall read as follows: 56-1812. Membership certificates; contents, form, substance. Every such corporation shall issue to its members certificates of membership, which shall set forth the contract between the corporation and the member, and specify how the holder of such contract may obtain the name or names and addresses of the physicians upon whom the member shall have the right to call for medical services and the nature of such services. Such certificate shall be consistent with this Chapter and the purposes thereof. It shall contain no unnecessary or rigid restriction, limitation or exclusion. It shall be prepared with the greatest possible degree of clearness, and in such a way as not to mislead the holder, Its form, size of type, general arrangement, and contents shall be subject to the approval of the Commissioner and shall be filed with and approved by him, before being issued in this State. Code 56-1812 amended. Section 12. Said Code Chapter 56-18 is further amended by striking Code section 56-1813 in its entirety and substituting

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in lieu thereof a new Code section 56-1813 to read as follows: 56-1813. Prohibition against corporate practice of medicine. (1) Such corporations shall have the right to sell contracts providing for the payment of specified charges made by physicians furnishing medical services to the holders of such contracts, their beneficiaries and covered dependents as herein provided for. Such contracts shall not in any manner restrict the right of the holder to obtain the services of any licensed doctor of medicine, licensed doctor of dental surgery or licensed podiatrist nor shall such contracts attempt to control the relation existing between any holder or beneficiary of any such contract and his physician. Such corporations shall impose no restriction on the doctors of medicine, doctors of dental surgery or podiatrists who treat its subscribers as to the methods of diagnosis or treatment. The private physician-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any doctor of medicine, doctor of dental surgery or podiatrist who is a participating physician in the corporation and who agrees to accept a particular beneficiary as a patient. Code 56-1813 amended. (2) It is the purpose of this Code Section to make it clear that the creation of the relationship of patient and physician depends upon the mutual assent of both parties. Contracts issued by the corporation to the subscribers shall not constitute individually or jointly obligations of the participating physician or physicians servicing the plan. (3) No provision of this Chapter shall be construed as authorizing the corporate practice of medicine, dentistry or podiatry; and such corporations shall not practice medicine, dentistry or podiatry. No physician rendering service or called on to render service to a member, beneficiary, or covered dependent shall be construed to be an agent or employee of such corporation and such corporation shall not be liable for the negligence, misfeasance, malfeasance, nonfeasance or malpractice of any physician rendering medical or surgical, dental or podiatric services to any such member, beneficiary or covered dependent.

Page 821

Section 13. Said Code Chapter 56-18 is further amended by adding in Code section 56-1814, after the word medicine, the following: , doctor of dental surgery or podiatrist, and by striking the following: medical or surgical care, or both, as the case may be, and inserting in lieu thereof the words: medical services, so that when so amended, said Code section 56-1814 shall read as follows: 56-1814. Participation in corporations. Every doctor of medicine, doctor of dental surgery or podiatrist licensed to practice in this State and who is reputable and in good standing, shall have the right to become a participating physician in the corporation operating in the county in which he resides or practices, for medical services, under such terms and conditions as are imposed on other participating physicians under similar circumstances, or as prescribed in this Chapter and approved by the Commissioner. Code 56-1814 amended. Section 14. Said Code Chapter 56-18 is further amended by adding in Code section 56-1819, after the word dental, the words: or podiatric, and by adding after the word surgical, the following: , dental or podiatric, so that when so amended, said Code section 56-1819 shall read as follows: 56-1819. Funds collected not payable to physicians or other persons until services performed. Said corporations

Page 822

shall not pay any of the funds collected from the members or subscribers to any physicians for medical or dental or podiatric services or to any other person or persons for additional services and supplies until after said physician or such other person or persons shall have rendered the necessary medical or surgical, dental or podiatric care or furnished the necessary additional services and supplies, any or all, as the case may be, to such subscriber or member. Code 56-1819 amended. Section 15. Said Code Chapter 56-18 is further amended by adding in Code section 56-1821, after the word surgical, the words or dental or podiatric, so that when so amended, said Code section 56-1821 shall read as follows: 56-1821. Supervision of rates. Such corporations shall, before accepting applications for membership in said nonprofit medical service plan, submit to the Commissioner a plan of operating and overhead expenses, operation costs, salaries, paid or to be paid during any current year, together with a schedule of its rates or dues to be charged and the amount of medical and surgical or dental or podiatric service contracted to be rendered; which plan, rates and amount of service shall first be approved by the Commissioner as fair and reasonable before said corporation shall engage in business. Code 56-1821 amended. Section 16. Said Code Chapter 56-18 is further amended by striking from Code section 56-1822, the following: medical or surgical care, or both,, and inserting in lieu thereof the words: medical services, so that when so amended, said Code section 56-1822 shall read as follows: 56-1822. Approval of rates. The Commissioner shall likewise first approve the rates of payment to be made by said corporations to physicians for the rendering of medical

Page 823

services on behalf of said corporation, its members, beneficiaries, and covered dependents, as being fair and reasonable. Code 56-1822 amended. Section 17. Said Code Chapter 56-18 is further amended by adding in subsection (6) of Code section 56-1824, after the word surgical, the following: ,dental or podiatric, so that when so amended, said subsection (6) shall read as follows: (6) That the amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of such medical service corporation, or by the participating physicians. Interest charged therefor, if any, shall not exceed six per cent per annum and payment of interest, if any, and repayment of such working capital shall be permitted only after provision has been adequately made for operating expenses, payments to participating physicians for medical and surgical, dental or podiatric services, and the establishment of legal reserves and such other reserves as may be required by the Commissioner. Code 56-1826(6) amended. Section 18. Said Code Chapter 56-18 is further amended by adding in subsection (7) of Code section 56-1824, after the word surgical, the following: ,dental or podiatric, so that when so amended, said subsection (7) shall read as follows: (7) That a provision has been made in the subscription contract authorizing medical and surgical, dental or podiatric services by other than participating physicians, in which case money benefits shall be provided, as specified in the subscription contract and approved as fair by the Commissioner. Such certificate of authority issued by the Commissioner

Page 824

to operate a medical service plan or plans will be limited by the Commissioner to the contracts and practices approved by him. Code 56-1824(7) amended. Section 19. Said Code Chapter 56-18 is further amended by adding at the end thereof a new Code Section, to be designated Code section 56-1832, to read as follows: 56-1832. Contracts to provide comprehensive health care. Notwithstanding any other provisions of this Chapter, a corporation created pursuant to this Chapter may contract with persons, firms, corporations, and governmental agencies otherwise authorized by law to provide to the beneficiaries of such contracts a system of comprehensive health care and may contract with provider of health care, upon such terms and subject to such limitations as the corporation deems likely to provide comprehensive health care to such beneficiaries on an economical basis; provided that the form of such contracts shall be first submitted to the Commissioner for his approval. Code 56-1832 enacted. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. PODIATRISTSREDEFINED. Code 84-601 Amended. No. 414 (Senate Bill No. 305). An Act to amend Code section 84-601, relating to the definition of podiatrists, as amended, so as to change the provisions relative to the definition of podiatrists; 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 84-601, relating to the definition of podiatrists, as amended, is hereby amended by adding at the end thereof the following: Podiatrists shall not be deemed to be included in the expressions `licensed doctors of medicine', `doctors of medicine', `doctors of medicine licensed to practice in this State' and the like. Code 84-601 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. CORPORATE SURETIESLIABILITY FOR CERTAIN DAMAGES AND ATTORNEYS' FEES PROVIDED, ETC. No. 416 (Senate Bill No. 307). An Act to provide for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by, or otherwise commence performance in accordance with, the terms of a contract of suretyship; to provide procedures for the fixing of such damages and attorney's fees; to provide that the limitations herein set forth respecting attorney's fees shall not affect attorney's fees agreed upon by the plaintiff and his attorney; 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. In the event of the refusal of a corporate surety to commence the remedy of a default covered by, or otherwise commence performance in accordance with, the terms of a contract of suretyship within 60 days after receipt from the obligee of a notice of default, and upon a finding that such refusal was in bad faith, the surety shall

Page 826

be liable to pay such obligee in addition to the loss not more than 25 percent of the liability of the surety for the loss and all reasonable attorney's fees for the prosecution of the case against the surety. The amount of such reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment rendered in such action: Provided, however, that such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal the factual issues involved, in accordance with prevailing fees in the locality where such suit is pending: Provided, further, that the trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this Act in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the surety. Liability. 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 17, 1973. FIDUCIARY BONDSBONDS FOR THE VALUE OF THE ESTATE PROVIDED. No. 417 (Senate Bill No. 311). An Act to provide that in every case where an executor, administrator, trustee or guardian is required to give bond for the faithful performance of its duties in such fiduciary capacity, such executor, administrator, trustee or guardian may give bond in an amount equal to the

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value of the estate if the bond is secured by a licensed, commercial surety authorized to transact business in 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. Any other provision of Georgia law to the contrary notwithstanding, in every case where an executor of any will, or an administrator of the estate of any decedent, or the trustee of any trust, or the guardian of the property of any person is required by any law of this State, or by the ordinary of any county, or by the judge of any court of competent jurisdiction, to give bond for the faithful performance of its duties in such fiduciary capacity, such executor, administrator, trustee or guardian may give bond in an amount equal to the value of the estate if the bond is secured by a licensed, commercial surety authorized to transact business in 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. Approved April 17, 1973. GUARDIANSAPPOINTMENT OFHOSPITALIZATION NOT SOUGHTCERTAIN PHYSICIAN'S CERTIFICATE REQUIRED. Code 49-604 Amended. No. 423 (Senate Bill No. 331). An Act to amend Code section 49-604, relating to the procedure for the appointment of a guardian, as amended, particularly by an Act approved April 21, 1969 (Ga. L.

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1969, p. 505), so as to provide that in the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, the physician's certificate which must be attached to the application shall state that the physician has examined said person on a date not more than ten days prior to the filing of the application; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-604, relating to the procedure for the appointment of a guardian, as amended, particularly by an Act approved April 21, 1969 (Ga. L. 1969, p. 505), is hereby amended by inserting in the first sentence of subsection (b), following the word effect, the following: and stating that he has examined said person on a date not more than ten days prior to the filing of the application. so that when so amended, subsection (b) of Code section 49-604 shall read as follows: (b) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon the filing of a petition under oath alleging that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of managing his estate, with a physician's certificate to like effect and stating that he has examined said person on a date not more than ten days prior to the filing of the application being attached to such application, the court of ordinary of the county in which the alleged mentally incompetent person is found shall take jurisdiction. Thereafter, a hearing shall be held as provided in Section 88-507.3, and if the Commission finds that the person is mentally ill and incapable of managing his estate, the court may appoint a guardian of the property or the person or both, provided that the court shall not order the allegedly mentally incompetent person hospitalized. Guardians of persons mentally incompetent due to illness or other causes are authorized

Page 829

to arrange for a suitable place for their custody, care, treatment, or hospitalization in a humane manner, or to hospitalize them under the provisions of Section 88-503.1 if such a course shall be necessary in the interest of the welfare of such person or of the welfare of others of the community in which such person resides. Code 49-604 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. CUSTODIANORDINARY ACTING ASPAYMENT OF FUNERAL EXPENSES AUTHORIZED. Code 49-706 Amended. No. 424 (Senate Bill No. 332). An Act to amend Code section 49-706, relating to payments authorized by ordinaries as custodians of minors' or insane persons' monies, so as to provide that the ordinary shall be authorized to pay the funeral and burial expenses of such minors or insane persons, in case of their death, from such funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-706, relating to payments authorized by ordinaries as custodians of minors' or insane persons' monies, is hereby amended by inserting in Code section 49-706, following the words of such minor or insane person, the following: as well as the funeral and burial expenses of such minor or insane person, in case of their death,, so that when so amended, Code section 49-706 shall read as follows:

Page 830

49-706. Payment authorized. The ordinary receiving such funds is hereby authorized and directed to pay out side funds so received by him, or whatever amount he may think necessary, for the support, education, and maintenance of such minor or insane person, as well as the funeral and burial expenses of such minor or insane person, in case of their death, as in his judgment may be proper and right. Such expenditures, when made by the ordinary, shall be final, and no liability shall attach to such ordinary or his bondsmen by reason of such expenditures when properly made. Code 49-706 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. WILLSACCOUNTINGS BY FIDUCIARIESVOUCHER PROVISIONS CHANGED, ETC. Code Title 113 Amended. No. 425 (Senate Bill No. 334). An Act to amend an Act amending Code Title 113, relating to wills, descent, and administration of estates, approved March 27, 1972 (Ga. L. 1972, p. 558), so as to repeal section 3 of said 1972 Act which amended Code section 113-1415; to amend an Act providing for intermediate reports and accounting by fiduciaries, approved March 20, 1943 (Ga. L. 1943, p. 409), so as to provide that, with the return, either the original voucher shall be filed showing the correctness of each item, or, in lieu thereof, the person making such return shall attach an affidavit stating that the original vouchers have been compared to each item on the return and that the return is correct; to provide that if the original vouchers are filed with said return they shall remain in the ordinary's office thirty days; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 831

Section 1. An Act amending Code Title 113, relating to wills, descent, and administration of estates, approved March 27, 1972 (Ga. L. 1972, p. 558), is hereby amended by striking therefrom Section 3, which reads as follows: 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 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.' , in its entirety.

Page 832

Section 2. An Act providing for intermediate reports and accounting by fiduciaries, approved March 20, 1943 (Ga. L. 1943, p. 409), is hereby amended by striking section 1 which reads as follows: Section 1. Within sixty 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 thirty days. If any of the receipts shall be for cotton, corn or other products sold, the voucher shall show the cost of each, the price at which it was sold, the name of purchaser and the time of sale., in its entirety, and inserting in lieu thereof a new section 1, to read as follows: Section 1. 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 either the original vouchers shall be filed showing the correctness of each item, or, in lieu thereof, the fiduciary making such return shall attach an affidavit stating that the original vouchers have been compared to each item on the return and that the return is correct; but the ordinary shall require the original vouchers

Page 833

to be produced for good cause shown. If the original vouchers are filed with said return they shall remain in the ordinary's office thirty days. If any of the receipts shall be for cotton, corn or other products sold, the voucher or return shall show the cost of each, the price at which it was sold, the name of purchaser and the time of sale. Accounting. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. CORPORATIONSPROVISION MADE THAT CERTAIN SHARES MAY BE ISSUED WITHOUT CLASS VOTING, ETC. Code 22-903 Amended. No. 426 (Senate Bill No. 339). An Act to amend section (a) (1) of Code section 22-903 so as to provide that the provision relative to class voting upon a proposed amendment to the articles of incorporation of a corporation to increase or decrease the aggregate number of authorized shares of a class shall not be applicable to any shares of a class issued by any corporation whose articles of incorporation specifically authorizes such shares to be increased or decreased without such vote, and under such circumstances, the terms, conditions, designations, preferences, limitations and relative rights of such shares may be fixed as provided in the articles of incorporation. Be it enacted by the General Assembly of Georgia: Section 1. Section (a) (1) of Code section 22-903 is amended so as to add the following language to said section after the word class.: Provided, however, that this provision shall not be applicable to any shares of a class issued by any corporation

Page 834

whose articles of incorporation specifically authorizes such shares to be increased or decreased without such vote, and under such circumstances, the terms, conditions, designations, preferences, limitations and relative rights of any such shares may be fixed as provided in the articles of incorporation., so that when amended Section (a) (1) of Code section 22-903 shall read as follows: (a) The holders of the outstanding shares of a class shall be entitled to vote as a class upon a proposed amendment, whether or not entitled to vote thereon by the provisions of the articles of incorporation, if the amendment would: Code 22-903 amended. (1) Increase or decrease the aggregate number of authorized shares of such class. Provided, however, that this provision shall not be applicable to any shares of a class issued by any corporation whose articles of incorporation specifically authorizes such shares to be increased or decreased without such vote, and under such circumstances, the terms, conditions, designations, preferences, limitations and relative rights of such shares may be fixed as provided in the articles of incorporation. 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 17, 1973.

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COOPERATIVE MARKETING ACTAGRICULTURAL PRODUCTS REDEFINED TO INCLUDE FISHERIES, ETC. Code Chapter 65-2 Amended. No. 428 (Senate Bill No. 353). An Act to amend Code Chapter 65-2, relating to Nonprofit Cooperative Associations, also known as the Cooperative Marketing Act, as amended, so as to change the definition of the term agricultural products to include fisheries products; to codify the provisions of an Act regulating and enlarging the powers of cooperative associations organized under the Cooperative Marketing Act, approved March 24, 1939 (Ga. L. 1939, p. 350); to provide an effective date; to repeal said Act regulating and enlarging the powers of cooperative associations organized under the Cooperative Marketing Act, approved March 24, 1939 (Ga. L. 1939, p. 350); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 65-2, relating to Nonprofit Cooperative Associations, also known as the Cooperative Marketing Act, as amended, is hereby amended by adding at the end of the definition of agricultural products in subsection (a) of Code section 65-201, relating to definitions, the following: The term `agricultural products' as used in this Code Chapter shall also mean and include any marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, and clams., so that when so amended subsection (a) of Code section 65-201 shall read as follows: (a) The term `agricultural products' shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products. The term `agricultural products' as used in this Code Chapter shall also mean and include any

Page 836

marine or aquatic animal species, including, but not limited to, shrimp, crabs, oysters, finfish, and clams. Code 65-201 amended. Section 2. Said Code Chapter 65-2 is further amended by adding, following Code section 65-226, five new Code sections, to be designated Code sections 65-227 through 65-231 respectively, to read as follows: 65-227. Joining with other nonprofit cooperative associations. A cooperative association organized under this Chapter may join with other such associations, or with individuals, firms, partnerships, or other associations or corporations engaged in the production of agricultural products, to form a nonprofit cooperative association, with or without capital stock, under the provisions of this Chapter, and may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any association, with or without capital stock, or any other corporation engaged in any activity authorized by this Chapter. Code 65-227 enacted. 65-228. Transfer of common stock. Common stock of cooperative associations organized under this Chapter may be transferred only to other such associations, and to individuals, firms, partnerships and other associations and corporations engaged in the production of agricultural products, and such restrictions must be printed upon every certificate of common stock. Code 65-228 enacted. 65-229. Activities in connection with agricultural products and furnishing farm business services. A cooperative association organized under this Chapter may engage in activities in connection with production of agricultural products and furnishing to its members farm business services. Code 65-229 enacted. 65-230. Powers as to nonmembers of associations. A cooperative association organized under this Chapter may, during any fiscal year, handle agricultural products of and engage in other business for nonmembers of value equal to but not greater than that for members. Code 65-230 enacted. 65-231. Distribution of excess income, reserves, or surpluses. Net income of a cooperative association organized

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under this Chapter, in excess of additions to reserves, surpluses, and other authorized deductions, may be distributed to members and to nonmember patrons on the basis of patronage. Any distribution of reserves or surpluses at any time shall be made to members at the time distribution is ordered, and other persons entitled thereto, on the basis of patronage. Code 65-231 enacted. 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. An Act regulating and enlarging the powers of cooperative associations organized under the Cooperative Marketing Act, approved March 24, 1939 (Ga. L. 1939, p. 350), is hereby repealed in its entirety. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. MOUTAIN JUDICIAL CIRCUITINVESTIGATOR PROVIDED, ETC. No. 430 (Senate Bill No. 365). An Act to provide for an investigator for the District Attorney of the Mountain Judicial Circuit; to provide for the compensation, powers, duties, term of office and expenses of the investigator; 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. (a) The District Attorney of the Moutain Judicial Circuit is hereby authorized to employ an investigator for the Mountain Judicial Circuit. The District Attorney shall fix the compensation to be received by said investigator

Page 838

at a figure not to exceed $11,000 per annum. It shall be within the full 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. Said investigator shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer and perform the same duties as may be performed by a sheriff. In addition to his salary as herein provided, the investigator shall receive ten cents per mile for the use of his private motor vehicle in the performance of his official duties and shall receive such additional expenses as may be authorized by the District Attorney. (b) The compensation, mileage and expenses connected with the furnishing of the investigator, as provided for herein, shall be paid from the funds of the counties comprising the Mountain Judicial Circuit in the proportion that the population of each county bears to the population of all of the counties comprising the Mountain Judicial Circuit. The compensation of the investigator shall be paid in equal monthly installments from the funds of such counties, and the mileage and expenses incurred by said investigator shall likewise be paid monthly. The governing authorities of said counties are hereby authorized and directed to furnish such supplies, equipment and office space as shall be required in connection with the official duties of said investigator upon application to the governing authorities of the counties by the District Attorney. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1973 Regular Session of the General Assembly to create an official in the Mountain Judicial Circuit Known as an investigator for the District Attorney, to provide the

Page 839

method, local funding of pro-rata cost, to each county and to abolish conflicting laws and other purposes. Jack Irvin Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News which is the official organ of Union County, on the following dates: January 19, 26, February 2, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1973 Regular Session of the General Assembly to create an official in the Mountain Judicial Circuit Known as an investigator for the District Attorney, to provide the method, local funding of pro-rata cost, to each county and to abolish conflicting laws and other purposes. Jack Irvin Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th

Page 840

District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on the following dates: February 9, 16, 23, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1973 regular session of the General Assembly to create an official in the Mountain Judicial Circuit known as an investigator for the District Attorney. To provide the method of local funding, a pro-rata cost to each county, and to abolish conflicting laws and other purposes. /s/ Jack Irvin Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Piedmont Herald which is the official organ of Stephens County, on the following dates: January 18, 25, February 1, 1973. /s/ Maylon K. London Senator, 50th District

Page 841

Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1973 regular session of the General Assembly to create an official in the Mountain Judicial Circuit known as investigator for the District Attorney to provide the method of local funding of pro rata cost to each county and to abolish conflicting laws, and other purposes. Jack Irvin Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: January 18, 25, February 1, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1973 regular session of the General Assembly to create an official in the Mountain Judicial Circuit, known as an investigator for the district attorney, to provide the method of local funding, a pro-rata cost to each county, and to abolish conflicting laws, and for other purposes. Jack Irvin Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following dates: January 18, 25, February 1, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973. STATE DEPARTMENTS, ETC. EMPLOYEE TRUST ACCOUNTS FOR TRAVEL EXPENSES PROVIDED, ETC. No. 431 (Senate Bill No. 366). An Act to authorize and require all Departments, Agencies, Institutions, and Boards of the State to establish employee

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trust accounts for travel expense purposes for use in conjunction with travel expenses incurred in the conduct of official State business; to provide for rules and regulations; to provide for rules and regulations governing such employee trust accounts; to require compliance by all Departments, Agencies, Institutions, and Boards of the State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each Department, Agency, Institution, and Board of the State is hereby authorized to establish such employee trust accounts as are necessary to account for State funds which are advanced to employees for travel purposes in the conduct of official State business as are necessary to carry out the intent and purpose of this Act. Employee trust accounts. Section 2. The Director of the Office of Planning and Budget shall develop the necessary rules, regulations, and procedures to govern the advance of State funds to employees prior to travel in the conduct of official State business, and to provide for proper accounting of the State funds advanced to such employees on a timely basis following such employees return from travel status. Rules. Section 3. Each employee granted an advance of State funds under this Act shall be the custodian of State funds entrusted to him, and shall file an accounting of such funds and shall reimburse unused travel advances as required by the rules and regulations adopted by the Director of the Office of Planning and Budget. Accounting. Section 4. Should any employee granted a travel advance under this Act fail to file an accounting and reimbursement as provided by the rules and regulations adopted by the Director of the Office of Planning and Budget, the head of each Agency shall file with the Director of the Office of Planning and Budget a certification of the amount so advanced which shall then become a lien against any and all funds or monies due the employee from the State, or the Employees' Retirement System of Georgia or the Teachers' Retirement System of Georgia. Liens.

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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 17, 1973. TRUSTSEXECUTORY TRUSTS MAY NOT BE REVOKED IN CERTAIN INSTANCES, ETC. No. 432 (Senate Bill No. 369). An Act to amend an Act providing that a trust shall be executory, and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries are sui juris and whether or not any remainder interest be created, so long as the trustee has any power or duties in regard to the trust company, approved February 17, 1950, (Ga. L. 1950, p. 310), so as to provide that a trust deemed executory by that statute may not be revoked or terminated in whole or in part if it is otherwise irrevocable; to provide that no trust shall be considered to be executed or revocable because the testator, settlor or some other person has retained or is given certain property rights thereunder; to provide that this amendment shall apply to existing trusts as well as trusts created after the effective date 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 providing that a trust shall be executory, and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries are sui juris and whether or not any remainder interest be created, so long as the trustee has any powers or duties in regard to the trust property, approved February 17, 1950 (Ga. L. 1950, p. 310),

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is hereby amended by striking the period after the word principal in section 1 and adding the following: ; and no such trust which is expressly or impliedly made irrevocable may be revoked or terminated in whole or in part while the trust is executory; and no such trust shall be considered to be executed or revocable because the testator or settlor or some other person has a life estate therein and has or retains a general power of appointment over assets in the trust or a remainder interest therein goes to or vests in the estate of such testator or goes to or vests in such settlor or other person or in the estate of such settlor or other person., so that when so amended, section 1 shall read as follows: Section 1. A trust shall be executory, and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries be sui juris and whether or not any remainder interest be created, so long as the trustee has any powers or duties in regard to the trust property such as to preserve or protect, to manage, to invest or reinvest, to collect income or proceeds, to sell or otherwise dispose of, to ascertain the objects or the beneficiaries, or to distribute income or principal; and no such trust which is expressly or impliedly made irrevocable may be revoked or terminated in whole or in part while the trust is executory; and no such trust shall be considered to be executed or revocable because the testator or settlor or some other person has a life estate therein and has or retains a general power of appointment over assets in the trust or a remainder interest therein goes to or vests in the estate of such testator or goes to or vests in such settlor or other person or in the estate of such settlor or other person. Executory trusts. Section 2. This Act shall apply to all executory trusts, whether in existence on the effective date of this Act, or created thereafter. 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 April 17, 1973. WILLSCERTAIN FIDUCIARY POWERS MAY BE INCORPORATED IN WILLS, ETC., BY REFERENCE. No. 433 (Senate Bill No. 370). An Act to provide for the incorporation by reference of various fiduciary powers into wills, trusts, or other instruments in writing; to provide for the exercise of such powers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Article, the term fiduciary means the one or more executors of the estate of a decedent, or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case shall be appropriate. Fiduciary defined. Section 2. By an expressed intention of the testator or settlor so to do contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in this Act as they exist at the time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in this Act by reference to that section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary. Incorporation by reference. Section 3. No power or authority conferred upon a fiduciary as provided in this Article shall be exercised by such

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fiduciary in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. Tax includes, but is not limited to, any federal, state, or local income, gift, estate or inheritance tax. Tax exemption, no deprivation of. Section 4. The following powers may be incorporated by reference as provided by this Act: (1) Retain Original Property.To retain for such time as the fiduciary shall deem advisable any property, real or personal, which the fiduciary may receive, even though the retention of such property by reason of its character, amount, proportion to the total estate or otherwise would not be appropriate for the fiduciary apart from this provision. Powers. (2) Sell and Exchange Property.To sell, exchange, give options upon, partition or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, with or without order of court, at public or private sale or otherwise, upon such terms and conditions, including credit, and for such consideration as the fiduciary shall deem advisable, and to transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple absolute or otherwise, free of all trust; and the party dealing with the fiduciary shall not be under a duty to follow the proceeds or other consideration received by the fiduciary from such sale or exchange. (3) Invest and Reinvest.To invest and reinvest, as the fiduciary shall deem advisable, in stocks (common or preferred), bonds, debentures, notes, mortgages or other securities, in or outside the United States; in insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest, or in annuity contracts for any beneficiary, in any real or personal property, in investment trusts; in participations in common trust funds, and generally in such property as the fiduciary shall

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deem advisable, even though such investment shall not be of the character approved by applicable law but for this provision. (4) Invest Without Diversification.To make investments which cause a greater proportion of the total property held by the fiduciary to be invested in investments of one type or of one company than would be considered appropriate for the fiduciary apart from this provision. (5) Continue Business.To the extent and upon such terms and conditions and for such periods of time as the fiduciary shall deem necessary or advisable, to continue or participate in the operation of any business or other enterprise, whatever its form or organization, including but not limited to the power: a. To effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise; b. To dispose of any interest therein or acquire the interest of others therein; c. To contribute or invest additional capital thereto or to lend money thereto, in any such case upon such terms and conditions as the fiduciary shall approve from time to time; d. To determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate or trust set aside for use in the business or to the estate or trust as a whole; and e. In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it shall not be necessary to itemize receipts and disbursements and distributions of property but it shall be sufficient for the fiduciary to show in the account a single figure or consolidation of figures, and the fiduciary shall be permitted to account for money and property received from the business and any payments made to the business in lump sum without itemization.

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(6) Form Corportion or Other Entity.To form a corporation or other entity and to transfer, assign, and convey to such corporation or entity all or any part of the estate or of any trust property in exchange for the stock, securities or obligations of any such corporation or entity, and to continue to hold such stock and securities and obligations. (7) Operate Farm.To continue any farming operation received by the fiduciary pursuant to the will or other instrument and to do any and all things deemed advisable by the fiduciary in the management and maintenance of such farm and the production and marketing of crops and dairy, poultry, livestock, orchard and forest products including but not limited to the following powers: a. To operate the farm with hired labor, tenants or sharecroppers; b. To lease or rent the farm for cash or for a share of the crops; c. To purchase or otherwise acquire farm machinery and equipment and livestock; d. To construct, repair, and improve farm buildings of all kinds needed in the fiduciary's judgment, for the operation of the farm; e. To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes such as for production, harvesting, or marketing, or for the construction, repair, or improvement of farm buildings, or for the purchase of farm machinery or equipment or livestock; f. To employ approved soil conservation practices in order to conserve, improve, and maintain the fertility and productivity of the soil; g. To protect, manage and improve the timber and forest on the farm and sell the timber and forest products when it is to the best interest of the estate;

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h. To ditch, dam and drain damp or wet fields and areas of the farm when and where needed; i. To engage in the production of livestock, poultry or dairy products, and to construct such fences and buildings and plant such pastures and crops as may be necessary to carry on such operations; j. To market the products of the farm; and k. In general, to employ good husbandry in the farming operation. (8) Manage Real Property. a. To improve, manage, protect, and subdivide any real property; b. To dedicate or withdraw from dedication parks, streets, highways, or alleys; c. To terminate any subdivision or part thereof; d. To borrow money for the purposes authorized by this subdivision for such periods of time and upon such terms and conditions as to rates, maturities and renewals as the fiduciary shall deem advisable and to mortgage or otherwise encumber any such property or part thereof, whether in possession or reversion; e. To lease any such property or part thereof to commence at the present or in the future, upon such terms and conditions, including options to renew or purchase, and for such period or periods of time as the fiduciary deems advisable although such period or periods may extend beyond the duration of the trust or the administration of the estate involved; f. To make gravel, sand, oil, gas and other mineral leases, contracts, licenses, conveyances or grants of every nature and kind which are lawful in the jurisdiction in which such property lies;

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g. To manage and improve timber and forests on such property, to sell the timber and forest products, and to make grants, leases, and contracts with respect thereto; h. To modify, renew or extend leases; i. To employ agents to rent and collect rents; j. To create easements and release, convey or assign any right, title, or interest with respect to any easement on such property or part thereof; k. To erect, repair or renovate any building or other improvement on such property, and to remove or demolish any building or other improvement in whole or in part; and l. To deal with any such property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with such property either in the same or in different ways from those specified elsewhere in this subdivision (8). (9) Pay Taxes and Expenses.To pay taxes, assessments, compensation of the fiduciary, and other expenses incurred in the collection, care, administration, and protection of the trust or estate. (10) Receive Additional Property.To receive additional property from any source and administer such additional property as a portion of the appropriate trust or estate under the management of the fiduciary; provided the fiduciary shall not be required to receive such property without the fiduciary's consent. (11) Deal with Other Trusts.In dealing with one or more fiduciaries: a. To sell property, real or personal, to, or to exchange property with, the trustee of any trust which the decedent or the settlor or his spouse or any child of his shall have created, for such estates and upon such terms and conditions as to sale price, terms of payment, and security as to the

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fiduciary shall seem advisable; and the fiduciary shall be under no duty to follow the proceeds of any such sale; and b. To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and securities as the fiduciary shall deem advisable from any trust created by the decedent, his spouse, or any child of his, for the purpose of paying debts of the decedent, taxes, the costs of the administration of the estate, and like charges against the estate, or any part thereof, or discharging any other liabilities of said trust or estate, and to mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to secure such loan or loans and to renew such loans. (12) Borrow Money.To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable, including the power of a corporate fiduciary to borrow from its own banking department, for the purpose of paying debts, taxes, or other charges against the estate or any trust, or any part thereof, and to mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to secure such loan or loans; and to renew existing loans either as maker or endorser. (13) Make Advances.To make loans or advances for the benefit or the protection of the trust or estate. (14) Vote Shares.To vote shares of stock owned by the estate or any trust at stockholders meetings in person or by special, limited, or general proxy, with or without power of substitution. (15) Register in Name of Nominee.To hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship so that title to the security may pass by delivery, but the fiduciary shall be liable for any act of the nominee in connection with the stock so held. (16) Exercise Options, Rights, and Privileges.To exercise all options, rights, and privileges to convert stocks,

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bonds, debentures, notes, mortgages, or other property into other stocks, bonds, debentures, notes, mortgages, or other property; to subscribe for other or additional stocks, bonds, debentures, notes, mortgages, or other property; and to hold such stocks, bonds, debentures, notes, mortgages, or other property so acquired as investments of the estate or trust so long as the fiduciary shall deem advisable. (17) Participate in Reorganizations.To unite with other owners of property similar to any which may be held at any time in the decedent's estate or in any trusts in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease, or sale of the property, incorporation or reincorporation, reorganization of readjustment of the capital or financial structure of any corporation, company or association the securities of which may form any portion of an estate or trust; to become and serve as a member of a stockholders or bondholders protective committee; to deposit securities in accordance with any plan agreed upon; to pay any assessments, expenses, or sums of money that may be required for the protection or furtherance of the interest of the distributees of an estate or beneficiaries of any trust with reference to any such plan; and to receive as investments of an estate or any trust any securities issued as a result of the execution of such plan. (18) Reduce Interest Rates.To reduce the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of an estate or trust. (19) Renew and Extend Obligations.To continue any obligation, whether secured or unsecured, upon and after maturity with or without renewal or extension upon such terms as the fiduciary shall deem advisable, without regard to the value of the security, if any, at the time of such continuance. (20) Foreclose and Bid in.To foreclose, as an incident to the collection of any bond, note or other obligation, any mortgage, deed of trust, or other lien securing such bond, note or other obligation, and to bid in the property at such foreclosure sale, or to acquire the property by deed from

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the mortgagor or obligor without foreclosure; and to retain the property so bid in or taken over without foreclosure. (21) Insure.To carry such insurance coverage, including public liability, for such hazards and in such amounts, either in stock companies or in mutual companies, as the fiduciary shall deem advisable. (22) Collect.To collect, receive, and receipt for rents, issues, profits, and income of an estate or trust. (23) Litigate, Compromise or Abandon.To compromise, adjust, arbitrate, sue on or defend, abandon, or otherwise deal with and settle claims in favor of or against the estate or trust as the fiduciary shall deem advisable, and the fiduciary's decision shall be conclusive between the fiduciary and the beneficiaries of the estate or trust and the person against or for whom the claim is asserted, in the absence of fraud by such persons; and in the absence of fraud, bad faith or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the estate or trust. (24) Employ and Compensate Agents, etc.To employ and compensate, out of income or principal or both and in such proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful to advise or assist in the proper settlement of the estate or administration of any trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys-in-fact, investment brokers, rental agents, realtors, appraisers, and tax specialists; and to do so without liability for any neglect, omission, misconduct, or default of such agent or representative, provided he was selected and retained with due care on the part of the fiduciary. (25) Acquire and Hold Property of Two or More Trusts Undivided.To acquire, receive, hold and retain the principal of several trusts created by a single instrument undivided until division shall become necessary in order to make distributions; to hold, manage, invest, reinvest, and account for the several shares or parts of shares by appropriate entries

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in the fiduciary's books of account, and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, that the provisions of this subdivision shall not defer the vesting in possession of any share or part of share of the estate or trust. (26) Establish and Maintain Reserves.To set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements, and general maintenance of buildings or other property out of rents, profits, or other income received. (27) Distribute in Cash or Kind.To make distribution of capital assets of the estate or trust in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests, as the fiduciary finds to be most practicable and for the best interests of the distributees (and the fiduciary may distribute types of assets differently among the distributees); and to determine the value of capital assets for the purpose of making distribution thereof if and when there be more than one distributee thereof, which determination shall be binding upon the distributees unless clearly capricious, erroneous and inequitable. (28) Pay to or for Minors or Incompetents.To make payments in money, or in property in lieu of money, to or for a minor or incompetent in any one or more of the following ways: a. Directly to such minor or incompetent; b. To apply directly in payment for the support, maintenance, education, and medical, surgical, hospital, or other institutional care of such minor or incompetent; c. To the legal or natural guardian of such minor or incompetent; d. To any other person, whether or not appointed guardian of the person by any court, who shall, in fact, have the care and custody of the person of such minor or incompetent.

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The fiduciary shall not be under any duty to see to the application of the payments so made, if the fiduciary exercised due care in the selection of the person, including the minor or incompetent, to whom such payments were made; and the receipt of such person shall be full acquittance to the fiduciary. (29) Apportion and Allocate Receipts and Expenses.To determine: a. What is principal and what is income of any estate or trust and to allocate or apportion receipts and expenses as between principal and income in the exercise of the fiduciary's discretion, and, by way of illustration and not limitation of the fiduciary's discretion, to charge premiums on securities purchased at a premium against principal or income or partly against each; b. Whether to apply stock dividends and other noncash dividends to income or principal or apportion them as the fiduciary shall deem advisable; and c. What expenses, costs, taxes (other than estate, inheritance, and succession taxes and other governmental charges) shall be charged against principal or income or apportioned between principal and income and in what proportions. (30) Make Contracts and Execute Instruments.To make contracts and to execute instruments, under seal or otherwise, as may be necessary in the exercise of the powers herein granted. Section 5. The enumeration in this Act of any power or authority of a fiduciary shall not create a presumption or raise an inference that such power or authority is not otherwise held by or granted by law to such fiduciary. Effect. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.

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STATE PROPERTIES CODE ENACTED. Code Chapter 91-1A Amended. No. 435 (Senate Bill No. 377). An Act to amend Code Chapter 91-1A of the Code of Georgia, known as the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, p. 146), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 249), and by an Act approved April 15, 1965 (Ga. L. 1965, p. 663), and by an Act approved March 20, 1970 (Ga. L. 1970, p. 455), and by an Act approved March 24, 1970 (Ga. L. 1970, p. 713), and by an Act approved April 7, 1971 (Ga. L. 1971, p. 578), and by an Act approved March 27, 1972 (Ga. L. 1972, p. 429), so as to change the name of the Code codified as Code Chapter 91-1A of the Code of Georgia; to provide for a short title; to provide for definitions of certain words and terms used in this Act and Code Chapter; to provide for section identification references; to create the State Properties Commission; to provide for the number of members, the membership, and the officers of the Commission; to provide for a quorum, voting, meetings, a seal, and bylaws of, by, and for the Commission; to provide compensation for the legislative members of the Commission; to provide powers and duties of the Commission; to provide for public competitive bidding concerning leases and sales of certain State Property; to provide for the acceptance or rejection of certain bids and bidders by the General Assembly and/or the Governor; to provide for execution of leases and sales of certain State Property; to provide an interesse termini limitation; to authorize the Commission to negotiate, prepare and enter into in its own name Rental Agreements and Revocable License Agreements; to provide for exploration of State owned lands for indication of mineral resources; to authorize the preparation and granting through public competitive bidding of Mineral Leases on State owned land; to vest in the Commission the power of eminent domain; to provide for the Commission acquiring real property for State agencies; to

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provide an exception to certain named State agencies of acquiring real property through the Commission; to provide that State agencies render technical assistance and services to the Commission; to provide that the railroad operation by the lessee of the Western and Atlantic Railroad be subject to the regulation of the Georgia Public Service Commission; to authorize the Commission to employ such personnel as may be necessary to discharge its duties; to authorize the Commission to promulgate a merit system of employment; to authorize Commission employees to be members of the Employees Retirement System of Georgia; to require the Commission to keep records and to make the same subject to public inspection; to authorize the Commission to adopt rules and regulations and to provide that any person violating the same shall be guilty of a misdemeanor; to provide that the Commission is not subject to the provisions of the Georgia Administrative Procedure Act; to provide for a liberal construction of this Code Chapter; to provide for the repeal of certain specific Acts and Code Chapter; to provide that this Act and Code Chapter shall not revive any Act or part thereof heretofore repealed or superseded; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 91-1A of the Code of Georgia, known as the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, p. 146), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 249), and by an Act approved April 15, 1965 (Ga. L. 1965, p. 663), and by an Act approved March 20, 1970 (Ga. L. 1970, p. 455), and by an Act approved March 24, 1970 (Ga. L. 1970, p. 713), and by an Act approved April 7, 1971 (Ga. L. 1971, p. 578), and by an Act approved March 27, 1972 (Ga. L. 1972, p. 429), is hereby further amended by striking said Code Chapter 91-1A in its entirety and by substituting in lieu thereof a new Code Chapter 91-1A of the Code of Georgia, to be inserted between Chapter 91-1 and Chapter 91-2 of the Code of Georgia, which shall read as follows:

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Code Chapter 91-1A State Properties Code Section 91-101a. Short title of Code Chapter. This Act and Code Chapter shall be known, and may be cited, as the `State Properties Code'. Code 91-101a amended Section 91-102a. Definitions. When the following words and terms appear in this Code Chapter, they shall have the meaning, usage and inclusion hereafter respectively ascribed to them, unless a different meaning, usage or an exclusion is clearly apparent from the context: Code 91-102a amended. (a) The word `Commission' shall mean the State Properties Commission created by Section 91-104a of this Code Chapter. The Commission: (1) was formerly known as the State Properties Control Commission; and (2) is the successor in law to the State Properties Control Commission, State Properties Acquisition Commission and the Mineral Leasing Commission; (b) The word `State' shall mean the State of Georgia; (c) The words `State Agency' or `State Agencies' shall mean any department, division, bureau, board, commission (including the State Properties Commission created by section 91-104a of this Code Chapter) or agency within the Executive Branch of State Government; (d) The word `Lease' shall mean a written instrument under the terms and conditions of which one party (Lessor) out of its own estate grants and conveys to another party or parties [Lessee(s)] an estate for years retaining a reversion in itself after such grant and conveyance; (e) The term `Rental Agreement' shall mean a written instrument the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only a usufruct;

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(f) The term `revocable license' shall mean the granting, subject to certain terms and conditions contained in a written Revocable License Agreement, to a named person or persons [Licensee (s)], and to that person or persons only, of a revocable personal privilege to use a certain described parcel or tract of the property (to be known as the licensed premises) for a named purpose. Regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the Licensee, a revocable license shall not confer upon the Licensee any right, title, interest or estate in the licensed premises, nor shall a revocable license confer upon the Licensee a license coupled with an interest or an easement. A revocable license may be revoked, cancelled or terminated, with or without cause, at any time by the Licensor (Commission); (g) The term `Revocable License Agreement' shall mean a written instrument which embodies a revocable license and which sets forth the names of the parties thereto and the terms and conditions upon which the revocable license is granted; (h) The words `acquire', `acquisition', and `acquiring' shall mean the obtaining of real property by any method including, but not limited to, gift, purchase, condemnation, devise, court order, and exchange; (i) The word `Person' shall mean any: individual; general or limited partnership; joint venture; firm; private, public or public service corporation; association; authority; fiduciary; governmental body, instrumentality or other organization of the State; county of the State; municipal corporation of the State; political subdivision of the State; governmental subdivision of the State; and any other legal entity doing business in the State; (j) The word `deed' shall mean either a fee simple deed without warranty or a quitclaim deed; (k) The words `power', `empower (ed)', `authority' and `authorized' are a synonym each to the other and when

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either is used it shall be deemed to include the other the same as if the other had been fully expressed. When the Commission has the power or is empowered, it has the authority and is authorized. The words `authorized' and `may' shall imply discretion and not requirement; (l) The words `mineral resources' shall include, but not be limited to, sand, sulphur, phosphate, oil and gas; (m) The word `Property' shall mean: (1) the Western and Atlantic Railroad including all the property associated with the Railroad as of December 26, 1969, unless the same has otherwise been provided for by Act or Resolution of the General Assembly; (2) all the property owned by the State in Tennessee other than that property included in (1) immediately preceding; (3) the State owned property facing Peachtree, Cain, and Spring Streets in the City of Atlanta, Fulton County, Georgia, upon which the Governor's Mansion once stood and which is now commonly referred to and known as the `Henry Grady Hotel Property' or `Old Governor's Mansion Site Property'; (4) any State owned real property the custody and control of which has been transferred to the Commission by Executive Order of the Governor; and (5) any State owned real property the custody and control of which has been transferred to the Commission by an Act or Resolution of the General Assembly without specific instructions as to its disposition; and (n) When the words `terms and conditions' are used they shall be deemed to include the following words: stipulations, provisions, agreements and covenants. Section 91-103a. Section identification references. The captions appearing immediately preceding the text of each of the sections of this Code Chapter are for the purpose of convenience only and shall be completely disregarded in construing this Code Chapter and the sections thereof. Code 91-103a amended. Section 91-104a. Commission; creation; number of members; members; officers; quorum; voting; meetings; minutes;

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seal; bylaws; compensation for legislative members of the Commission. (a) There is hereby created within the Executive Branch of State Government a public body which shall be known as the `State Properties Commission' and which shall consist of eleven members and be composed of: the Governor; the Secretary of State; the Director, Fiscal Division, Department of Administrative Services; the State Auditor; the Chairman of the Georgia Public Service Commission; the President of the Senate; the Speaker of the House of Representatives; the Chairman of the State Institutions and Property Committee of the House of Representatives; a member of the House of Representatives elected by a majority vote of the House of Representatives at the regular session of the General Assembly in odd numbered years; the Chairman of the Public Utilities Transportation Committee of the Senate; and a member of the Senate elected by a majority vote of the Senate at the regular session of the General Assembly in odd numbered years. The term of office of the elected members of the Commission is continued until their successors are duly elected. Code 91-104a amended. (b) The Governor shall be the Chairman of the Commission, the State Auditor shall be its Vice-Chairman, and the Secretary of State shall be its Secretary. Five members of the Commission shall constitute a quorum. No vacancy on the Commission shall impair the right of the quorum to exercise the powers and perform the duties of the Commission. With the sole exception of acquisitions of real property which acquisitions shall require nine affirmative votes of the membership of the Commission present and voting at any meeting, the business, powers and duties of the Commission may be transacted, exercised and performed by a majority vote of the Commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting on the matter on which the vote is taken.

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(c) Meetings shall be held on the call of the Chairman, Vice-Chairman or two Commission members whenever necessary to the performance of the duties of the Commission. Minutes or transcripts shall be kept of all meetings of the Commission and in the minutes or transcripts there shall be kept a record of the vote of each Commission member on all questions, acquisitions, transactions and all other matters coming before the Commission. The Secretary shall give, or cause to be given, to each Commission member not less than three days prior written notice of the date, time and place of each meeting of the Commission. (d) The Commission shall adopt a seal for its use, and may adopt bylaws for its internal government and procedures. (e) The legislative members of the Commission shall receive the same expense and travel allowances as members of interim legislative committees while traveling to and from and in attending to the business of the Commission. Such disbursements shall be paid from legislative funds. All other members of the Commission shall receive only their traveling and other actual expenses incurred in the performance of their official duties as Commission members. Section 91-105a. Powers and duties of the Commission. The Commission, in addition to other powers and duties set forth in other Sections of this Code Chapter, shall have the power and duty to: Code 91-105a amended. (a) inspect, control, manage, oversee and preserve the Property; (b) maintain at all times a current inventory of the Property; (c) authorize the payment of any tax or assessment legally levied by the State of Tennessee, or any governmental subdivision thereof, upon any part of the Property situated within the State of Tennessee;

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(d) prepare lease or sale proposals affecting the Property for submission to the General Assembly; (e) subject to the limitations contained in this Code Chapter, determine all of the terms and conditions of each instrument prepared and/or executed by it; (f) have prepared, in advance of advertising for bids as provided for in section 91-106a of this Code Chapter, a thorough report of such data as will enable the Commission to arrive at a fair valuation of the property involved in such advertisement; and to include within such report at least two written appraisals of the value of such property which appraisals shall be made by a Person or Persons familiar with property values in the area where such property is situated; provided, however, that one of the appraisals shall be made by a member of a nationally recognized appraisal organization and provided further, that in the case of the Western and Atlantic Railroad, the appraisal (other than the one required to be made by a member of a nationally recognized appraisal organization) may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission; (g) contract with any Person for the preparation of studies or reports as to: (1) the value of such Property including, but not limited to, sale value, lease value and insurance value; (2) the proper utilization to be made of such Property; and (3) any other data necessary or desirable to assist the Commission in the execution and performance of its duties; (h) insure the improvements on all or any part of the Property against loss or damage by fire, lightning, tornado or other insurable casualty; and insure the contents of such improvements against any such loss or damage; (i) inspect as necessary any of the Property which may be under a Lease, Rental Agreement or Revocable License Agreement in order to determine whether the Property is being kept, preserved, cared for, repaired, maintained, used

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and operated in accordance with the terms and conditions of the Lease, Rental Agreement or Revocable License Agreement, and to take such action necessary to correct any violation of the terms and conditions of such Lease, Rental Agreement or Revocable License Agreement; (j) deal with and dispose of any unauthorized encroachment upon, or use or occupancy of, any part of the Property, whether such encroachment, use or occupancy be permissive or adverse, or whether with or without claim of right therefor; to determine whether such encroachment, use or occupancy shall be removed or discontinued, or whether it shall be permitted to continue, and, if so, to what extent and upon what terms and conditions; to adjust, settle and finally dispose of any controversy that may exist or arise with respect to any such encroachment, use or occupancy in such manner and upon such terms and conditions as the Commission may deem to be in the best interest of the State; to take such action as the Commission may deem proper and expedient to cause the removal or discontinuance of any such encroachment, use or occupancy; and to institute and prosecute for and on behalf of and in the name of the State such suits and other legal proceedings as the Commission may deem appropriate for the protection of the State's interest in or the assertion of the State's title to such Property; (k) settle, adjust and finally dispose of any claim, dispute or controversy of any kind whatsoever arising out of the terms and conditions, operation or expiration of any Lease of the Property or grant of rights in the Property; (l) negotiate and prepare for submission to the General Assembly amendments to any existing Lease; (m) exercise such other powers and perform such other duties as may be necessary or desirable to inspect, control, manage, oversee and preserve the Property; and (n) do all things, and perform all acts, necessary or convenient to carry out the powers and fulfill the duties given to the Commission in this Code Chapter.

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Section 91-106a. Public competitive bidding procedure concerning leases and sales; acceptance or rejection of bids and bidders by the General Assembly and/or the Governor; execution of the leases and sales. Code 91-106a amended. (a) Any proposal to lease (other than a Lease of mineral resources provided for in section 91-110a of this Code Chapter) or sell any part of the Property pursuant to the power granted by subsection (d) of section 91-105a of this Code Chapter shall be initiated and carried out in accordance with the provisions of this section 91-106a of this Code Chapter. (b) Any such lease or sale shall be made upon public competitive bidding and the invitation for bids shall be advertised once a week for four consecutive weeks in (1) the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the Property to be bid upon and (2) the legal organ of Fulton County, Georgia. Prior to such advertising, the Commission shall prepare a proposed form of Lease or contract of sale and deed, and appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may prescribe. (c) Sealed bids shall be submitted to the Secretary of the Commission and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the Commission. All bids shall be opened in public on the date and at the time and place specified in the invitation for bids. The Commission shall formally determine and announce which bid and bidder it considers to be most advantageous to the State. The Commission shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (d) When the Commission formally determines and announces which bid and bidder it considers to be most advantageous to the State, the Commission shall then prepare the instrument of Lease or contract of sale and deed, in at least four counterparts, which Lease or contract of sale shall be immediately signed by the prospective lessee or

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purchaser whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. Such signing shall constitute a bid by the prospective lessee or purchaser and shall not be subject to revocation by the prospective lessee or purchaser unless it is rejected by the General Assembly or the Governor as hereinafter provided. A Resolution containing an exact copy of the proposed lease or contract of sale and deed, or to which an exact copy of the proposed lease or contract of sale and deed is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or if not in regular session at such time, at the next regular session of the General Assembly. Such Resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill. (e) If either the House of Representatives or the Senate shall fail to adopt (pass) the aforesaid Resolution during such regular session by a Constitutional majority vote in each House, then the bid shall be considered rejected by the General Assembly. (f) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, then the bid shall be considered rejected by the Governor. (g) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the purchaser the contract of sale for and on behalf of and in the name of the State, and thereupon both parties thereto shall be bound thereby. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the contract

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of sale. Whenever in the judgment of the Chairman of the Commission all of the terms and conditions of the contract of sale, or all of the precedent terms and conditions of the Lease, have been fulfilled and/or complied with, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the purchaser or lessee the deed or Lease for and on behalf of and in the name of the State. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the deed or Lease. Section 91-107a. Interesse termini limited. The Commission shall not submit to the General Assembly for its consideration any Lease the provisions of which provide that either: (a) the lessee would not obtain possession of the leased premises within a period of five years from the commencement date of the regular session of the General Assembly to which the Lease is submitted for consideration; or (b) the term of the Lease will not commence within a period of five years from the commencement date of the regular session of the General Assembly to which the Lease is submitted for consideration. Code 91-107a amended. Section 91-108a. Rental Agreements. Notwithstanding any provisions and requirements of law to the contrary, and particularly notwithstanding the provisions and requirements of Section 91-106a of this Code Chapter, the Commission is hereby authorized to negotiate, prepare and enter into in its own name Rental Agreements whereby a part of the Property is rented, without public competitive bidding, to a Person for a length of time not to exceed one year and for an adequate monetary consideration (in no instance to be less than a rate of two hundred fifty dollars per year), which shall be determined by the Commission, and pursuant to such terms and conditions as the Commission shall determine to be in the best interest of the State. The same Property, or any part thereof, shall not be the subject matter of more than one such Rental Agreement to the same Person unless the Commission shall determine that there are extenuating circumstances present which would make

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additional one year Rental Agreements beneficial to the State; provided, however, the same Property, or any part thereof, shall not, after the effective date of this Act and Code Chapter, be the subject matter of more than a total of three such one year Rental Agreements to the same Person. Code 91-108a amended. Section 91-109a. Revocable license agreements. (a) Notwithstanding any provisions and requirements of law to the contrary, and particularly notwithstanding the provisions and requirements of Section 91-106a of this Code Chapter, the Commission is hereby authorized to negotiate, prepare and grant in its own name, without public competitive bidding, a revocable license to any Person to cross through, over or under, or to otherwise encroach upon, any of the Property under the custody and control of the Commission. Code 91-109a amended. (b) Any grant of revocable license by the Commission to any Person shall be in writing and shall contain such terms and conditions as the Commission shall determine to be in the best interest of the State, provided that: (1) each grant of revocable license if not revoked prior to, shall stand revoked, canceled and terminated as of the twenty-fifth anniversary of the date of the Revocable License Agreement; (2) each grant of revocable license shall provide that regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the Licensee, the same shall not confer upon the Licensee any right, title, interest or estate in the licensed premises, nor confer upon the Licensee a license coupled with an interest or an easement; such grant of a revocable license conferring upon the Licensee, and only the Licensee, a mere personal privilege revocable by the Commission, with or without cause, at any time during the life of the revocable license; (3) each grant of revocable license shall be made for an

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adequate monetary consideration (in no instance to be less than two hundred fifty dollars), which shall be determined by the Commission; and (4) any grant of revocable license shall be subject to approval by any appropriate State regulatory agency that the proposed use of the licensed Property meets all applicable safety and regulatory standards and requirements. (c) The provisions of this Code Chapter Section 91-109a 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, relating to the construction of telegraph or telephone lines. Section 91-110a. Authority of Commission to: enter into a written contract with any Person whereby such Person is permitted to explore State owned lands for indications of mineral resources; prepare and grant through public competitive bidding Mineral Leases on State owned land. Code 91-110a amended. (a) The Commission for and on behalf of and in the name of the State is authorized to enter into, without the necessity of prior public competitive bidding, a written contract with any Person, whereby such Person is permitted to explore any State owned lands for indications of mineral resources. (b) The Commission for and on behalf of and in the name of the State is further authorized to lease to any Person the mineral resources located on State owned lands and to execute, grant and convey to such Person, a Lease upon such terms and conditions and permitting such operations as the Commission shall determine to be in the best interest of the State including, but not limited to: (1) the exclusive right to drill, dredge, and mine on the leased premises for mineral resources and to produce and appropriate any and all of the same therefrom; (2) the right to use, free of charge, mineral resources and water from the leased premises in conducting operations

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thereon and in treating to make marketable the products therefrom; (3) the right to construct and use on said leased premises telephone and telegraph facilities, pipelines and other facilities necessary for the transportation and storage of mineral resources produced therefrom; (4) the right to construct and use such canals and roads as are necessary for lessee's operations under the Lease; and (5) the right to remove at any time from the leased premises any property placed thereon by lessee. (c) When any Person shall desire to lease any State owned lands pursuant to the provisions of this section 91-110a, application therefor shall be made to the Commission in writing. The application shall include an accurate legal description and a plat of survey of the land sought to be leased and such other information as the Commission may require and shall further include a certified check for fifty dollars which shall be deposited with the Commission as evidence of the good faith of the applicant, which sum shall only be returned to an applicant who shall bid for but fail to secure a Lease. (d) Upon receipt of the application, the Commission shall make an inspection of the land sought to be leased and such geophysical and geological surveys thereof as the Commission may deem necessary. The Commission, after receiving a report as to the nature, character, surroundings and mineral resource value of such land, may offer for lease, through public competitive bidding, all or any portion of the land described in the application. The Commission shall cause to be published once a week for two consecutive weeks in (1) the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the land to be bid upon and (2) the legal organ of Fulton County, Georgia, an advertisement of an invitation for bids setting forth therein an accurate legal description of the land proposed to be leased, the date, time and place

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when and where bids therefor will be received and such other information as the Commission may deem necessary. Prior to the advertising, the Commission shall prepare a proposed form of Lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may prescribe. Sealed bids shall be submitted to the Secretary of the Commission and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the Commission. (e) All bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation for bids. The Commission shall formally determine and announce which bid and bidder it considers to be most advantageous to the State. The Commission shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (f) The Commission, acting for and on behalf of and in the name of the State, is hereby authorized to execute, grant and convey a Lease pursuant to the provisions of this Section 91-110a on any State owned land to any State agency without the necessity of complying with the public competitive bid procedure hereinabove stated; provided, however, the mineral resources so mined, dredged and removed from the State owned land must be utilized on projects of the State agency. (g) No oil and gas Lease shall be granted for a term to exceed twenty-five years. If production should not be secured within the first ten years of the lease term, the lease shall terminate. Any oil and gas lease shall be for a consideration of not less than one-eighth of the gross production of oil, or the value of same, that may be produced and sold and one-eighth of the gross production of gas, or the value of same, that may be produced and sold off of the leased premises, and ten cents per acre in advance for the first year, and twenty-five cents per acre in advance for the second year, and fifty cents per acre in advance for the third year, and one dollar per acre in advance for each year thereafter. When production has been secured in commercial

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quantities and the payment of royalty begins and continues to be paid, the lessee shall be exempt from further annual payments on the acreage. If production should cease and royalty is not paid, the lessee shall, at the end of the lease year in which royalty ceases to be paid, and annually thereafter in advance, pay one dollar per acre so long as the lessee may desire to maintain the rights acquired under the Lease. (h) In the event oil or gas should be produced in commercial quantities in a well within one thousand feet of the premises leased from the State, the State's lessee shall, within sixty days after the initial production in any such well, begin in good faith and prosecute diligently the drilling of an offset well or wells on the premises leased from the State. Such offset wells shall be drilled to such depth and such means shall be used as may be necessary to prevent the undue drainage of oil or gas from beneath the premises leased from the State. A log of each well shall be filed with the Commission and with the Director of the Earth and Water Division of the Department of Natural Resources within thirty days after the well has been completed or abandoned. (i) The development and operation of oil and gas wells on State owned lands shall be done, so far as practicable, in such manner as to prevent the pollution of water, destruction of fish, oysters and marine life, and the obstruction of navigation. Section 91-111a. Power of eminent domain; form to be taken in the exercise of the power of eminent domain. The Commission, acting for and on behalf of and in the name of the State, is hereby empowered to take or damage by condemnation, for the public purposes of the State, the property of any Person upon first paying or tendering just and adequate compensation to such Person. Such power of eminent domain shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by the Commission, acting for and on behalf of and in the name of the State, shall take the form provided in Part II of Title 36 of the Code of Georgia, as amended, or

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as it may hereafter be amended, or the form provided in Chapter 36-11 of the Code of Georgia, as amended, or as it may hereafter be amended. The power of condemnation and eminent domain authorized by this section 91-111a shall neither supersede nor abridge the powers of condemnation and eminent domain given severally to the Department of Transportation and the Board of Regents of the University System of Georgia. Code 91-111a amended. Section 91-112a. Acquisition of real property by a State agency. (a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boat launching ramps, and except for acquisitions of real property by the Commission resulting from transfers of custody and control of real property to the Commission by Executive Order of the Governor or by Act or Resolution of the General Assembly, all State agencies shall acquire real property through the Commission. Code 91-112a amended. (b) The Commission is hereby authorized to establish (and amend when the Commission deems it necessary) a procedure to facilitate the handling by the Commission of requests for acquisition of real property. (c) The State agency requesting acquisition of real property shall provide all of the funds necessary to acquire the said real property. Section 91-113a. Technical assistance. The Department of Natural Resources, the Georgia Public Service Commission and all other State agencies are hereby requested and directed to provide such technical assistance and services as shall be requested and needed by the Commission in the execution and performance of its duties under this Code Chapter. Code 91-113a amended.

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Section 91-114a. Lessee of the Western and Atlantic Railroad subject to regulation by Georgia Public Service Commission. The railroad operation by the lessee of the Western and Atlantic Railroad shall be subject to the regulation of the Georgia Public Service Commission. Code 91-114a amended. Section 91-115a. Personnel; merit and retirement systems. (a) The Commission is hereby authorized to employ an Executive Director and such other employees, either on a full-time or part-time basis, as may be necessary to discharge the duties of the Commission. Code 91-115a amended. (b) The Commission is hereby authorized to promulgate a merit system of employment under which the Executive Director and such other employees shall be selected and promoted on the basis of merit. (c) The Executive Director and all other employees of the Commission are hereby authorized to be members of the Employees Retirement System of Georgia. All rights, credits and funds in such Retirement System which are possessed by any Person at the time of his or her employment with the Commission are hereby continued and preserved, it being the intention of the General Assembly that such Person shall not lose any rights, credits or funds to which he or she may be entitled prior to being employed by the Commission. Section 91-116a. Records; public inspection. The Commission shall cause all of its records including, but not limited to, minutes or transcripts, reports, studies, forms of instruments, bidding papers, notices, advertisements, invitation for bids, bids, executed instruments and correspondence, to be permanently kept and maintained. Such records shall be open to public inspection and may be inspected by any citizen of the State during usual business hours unless the same are being used by the Commission, or by its employees, in the performance of its or their duties in reference thereto. Code 91-116a amended.

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Section 91-117a. Adoption of rules and regulations; penalties. (a) The Commission is hereby authorized to adopt, after reasonable notice and hearing thereon, such rules and regulations as it may deem appropriate in exercising its powers and performing its duties under this Code Chapter. Such rules and regulations so adopted by the Commission shall have the same dignity and standing as if their provisions were specifically stated in this Code Chapter. Code 91-117a amended. (b) Any Person who violates any rule or regulation adopted by the Commission, or who procures, aids or abets therein, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Section 91-118a. Not subject to Administrative Procedure Act. The Commission shall not be subject to the provisions of the Act known as the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, or as it may hereafter be amended. Code 91-118a amended. Section 91-119a. Liberal construction of this Code Chapter. This Code Chapter shall be liberally construed so as to effectuate the purposes of the Code Chapter. Code 91-119a amended. Section 91-120a. Specific repealer. The following Acts and Code Chapter are hereby specifically repealed: (a) An Act creating a Mineral Leasing Commission, approved March 9, 1945 (Ga. L. 1945, p. 352), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 270), and by an Act approved April 8, 1965 (Ga. L. 1965, p. 590); and Code 91-120a amended. (b) Code Chapter 36-1A of the Code of Georgia known as the `State Properties Acquisition Law', approved March 30, 1965 (Ga. L. 1965, p. 396), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 426). Section 91-121a. Negation of revivor. This Act and Code Chapter shall in no way be construed to revive any Act or

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Code Chapter, or any part thereof, heretofore repealed or superseded. Code 91-121a amended. Section 91-122a. General repealer. All other laws and parts of laws in conflict with this Act and Code Chapter are hereby repealed. Code 91-122a amended. Section 2. This Act and Code Chapter shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved April 17, 1973. PHYSICIANSDEFINITIONS OF CERTAIN DOCTORS PROVIDED, ETC. Code 84-901 Amended. No. 436 (Senate Bill No. 387). An Act to amend Code section 84-901 of the Code of Georgia of 1933, relating to the definition of the practice of medicine, as amended, particularly by an Act approved March 16, 1970 (Ga. L. 1970, p. 301), so as to define the terms doctors of medicine, licensed doctors of medicine, doctors of medicine licensed to practice in the State and similar terms as meaning and including only those persons who have graduated from a medical college and hold the degree of Doctor of Medicine and who also are licensed to practice medicine under the provisions of said Chapter; to provide exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-901 of the Code of Georgia of 1933, relating to the definition of the practice of medicine, as amended, particularly by an Act approved March 16,

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1970 (Ga. L. 1970, p. 301), is hereby amended by adding the following new paragraph to the end of said Code section: Provided, however, that the terms `doctors of medicine', `licensed doctors of medicine', `doctors of medicine licensed to practice in the State' and similar terms wherever used or appearing in this Chapter or elsewhere shall mean and include only those persons who have graduated from a medical college and hold the degree of Doctor of Medicine and who are licensed to practice medicine under the provisions of this Chapter., so that said Code section 84-901, as amended, shall read as follows: 84-901. `Practice of medicine', `to practice medicine', `practicing medicine', and `practice of medicine' defined. The terms `practice of medicine', `to practice medicine', `practicing medicine', and `practice medicine', as used in this Chapter, are hereby defined to mean holding one's self out to the public as being engaged in the diagnosis or treatment of disease, defects or injuries of human beings, or the suggestion, recommendation or prescribing of any form of treatment for the intended palliation, relief or cure of any physical, mental or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever, or the maintenance of an office for the reception, examination and treatment of persons suffering from disease, defect or injury of body or mind, or attaching the title `M.D.', `Oph.', `D.', `Dop.', `Surgeon', `Doctor', `D.O.', `Doctor of Osteopathy', either alone or in connection with other words, or any other words or abbreviations to his name, indicating that such person is engaged in the treatment or diagnosis of disease or injuries of human beings. Code 84-901 amended. Provided, however, that the terms `doctors of medicine', `licensed doctors of medicine', `doctors of medicine licensed to practice in the State' and similar terms wherever used or appearing in this Chapter or elsewhere shall mean and

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include only those persons who have graduated from a medical college and hold the degree of Doctor of Medicine and who are licensed to practice medicine under the provisions of this Chapter. Section 2. The provisions of this Act shall not be construed to restrict or affect the practice of optometry under Code Chapter 84-11, Code of Georgia 1933, as amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. MARRIAGE LICENSESMARRIAGE MANUALS PROVIDED FOR APPLICANTS. Code 53-201.1 enacted. No. 442 (Senate Bill No. 393). An Act to amend Code Chapter 53-2, relating to marriage licenses, as amended, so as to provide for the preparation of a marriage manual; to provide for the distribution of such manual; 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. Code Chapter 53-2, relating to marriage licenses, as amended, is hereby amended by inserting between Code section 53-201 and Code section 53-202, a new Code section, to be designated Code section 53-201.1, to read as follows: 53-201.1. Marriage Manual. (a) The Department of Human Resources shall prepare a marriage manual for distribution by the ordinary or his clerk to all applicants for a marriage license. The manual shall include, but not be limited to, material on family planning. Code 53-201.1 amended.

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(b) The manual provided in subsection (a) shall be issued by the ordinary or his clerk to applicants for a marriage license at the same time the marriage license is issued. (c) The Department of Human Resources shall promulgate rules and regulations to implement this section. (d) In order to be non-sectarian, the manual will include resource referral information for those who might have questions regarding religious beliefs in this area. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. EMPLOYEES' RETIREMENT SYSTEMPROVISIONS RELATIVE TO TAX COMMISSIONERS, ETC. CHANGED. No. 446 (House Bill No. 46) An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 637), and by an Act approved April 30, 1969 (Ga. L. 1969, p. 1013), so as to change the provisions relative to the coverage of tax commissioners, tax collectors or tax receivers under the Employees' Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 637), and by an Act approved April 30, 1969 (Ga. L. 1969, p. 1013), is hereby amended by striking subparagraph (5) of section 1 of the amendatory Act approved March 25, 1958 (Ga. L. 1958, p.

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637), as amended by the Act approved April 30, 1969 (Ga. L. 1969, p. 1013), in its entirety and by substituting in lieu thereof a new subparagraph (5) to read as follows: (5) In the event a new tax commissioner, tax collector or tax receiver is elected, the newly-elected tax commissioner, tax collector or tax receiver shall have until the last day of July of the first year he takes office to elect to establish a merit system of employment and to avail himself and his employees of the retirement benefits provided for herein. Provided, however, that each tax commissioner, tax collector or tax receiver who took office subsequent to December 31, 1956, and thus was unable to avail himself and his employees of the retirement benefits of this Act, shall have until July 1, 1973, to elect to establish a merit system of employment and to avail himself and his employees of the retirement benefits provided for herein. Any such tax commissioner, tax collector or tax receiver may obtain credit for service for himself and his employees from the first day the tax commissioner, tax collector or tax receiver assumed office subsequent to December 31, 1956, or from the date said officers' employees began working subsequent to said officers' election, respectively, by paying the regular employer and employee contributions from the first day of his term (or first day of employment, in the case of employees), plus six percent interest. No coverage shall ever be extended to any official or employee designated herein who is now covered or who becomes covered under the provisions of any other retirement benefit or similar system excluding Social Security Coverage. Any provision of this Act or any other law to the contrary notwithstanding, the office of any tax commissioner, tax collector or tax receiver covered by the provisions of this paragraph shall be deemed to be adjuncts of the State Revenue Department, and pursuant to paragraph (2) of this Section, the State Revenue Commissioner is hereby authorized and directed to pay from funds appropriated to the Revenue Department the employer contributions required by this Act for service rendered after any such tax commissioner, tax receiver, tax collector or employee thereof becomes a member of the Employees' Retirement System.

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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 17, 1973. JUVENILE COURT CODE OF GEORGIA AMENDEDCERTAIN CONCURRENT JURISDICTION WITH SUPERIOR COURTS PROVIDED, ETC. Code Title 24A Amended. No. 447 (House Bill No. 48). An Act to amend Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, so as to provide for concurrent jurisdiction of the juvenile court and superior court pursuant to Article VI, Section IV, Paragraph I of the Constitution in certain cases; to provide for transfer of cases to the juvenile court where there is an issue of custody; to redefine the term child as used in said Code Title; to except certain cases from the requirement of transfer from other courts to the juvenile court; to provide for bringing certain children before the superior court; to change the provisions for place of detention of a child; to reduce the minimum age for transfer of certain children from the juvenile court to another court; to allow the juvenile court to commit mentally ill or mentally retarded children; to provide sanctions for the unauthorized publication of the names and pictures of certain children; to change the provisions relative to juvenile courts acting as court of inquiry; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 24A, known as the Juvenile Court Code of Georgia, as amended, is hereby amended by striking

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Code section 24A-301, relating to jurisdiction over juveniles, in its entirety and substituting in lieu thereof a new Code section 24A-301, to read as follows: 24A-301. Jurisdiction over Juveniles. (a) The court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: Code 24A-301 amended. (1) Concerning any child; (A) who is alleged to be delinquent except when the allegation is based on a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the pententiary; (B) who is alleged to be unruly; (C) who is alleged to be deprived; (D) who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) or who is alleged to have committed a juvenile traffic offense in section 24A-3101. (2) Involving any proceedings; (A) for obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person, if such consent is required by law; (B) under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in Georgia; (C) for the termination of the legal parent-child relationship. (b) The court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime

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if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the penitentiary. (c) Where custody is the subject of controversy, except in those cases where the law now gives the superior courts exclusive jurisdiction, in the consideration of these cases, the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court. Section 2. Said Code Title is further amended by striking subsection (c) of Code section 24A-401, relating to definitions of terms used in the Juvenile Court Code of Georgia, in its entirety, and substituting in lieu thereof a new subsection (c), to read as follows: (C) `Child' means any individual who is: Code 24A-401 amended (1) under the age of 17 years. (2) under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court. Section 3. Said Code Title is further amended by striking Code section 24A-901, relating to transfer from other courts, in its entirety and substituting in lieu thereof a new Code section 24A-901, to read as follows: 24A-901. Transfer from Other Courts. If it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the defendant is a child, except in cases where the superior court has concurrent jurisdiction as provided in Section 24A-301 (b), the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. It shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court, or release

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him to the custody of his parent, guardian, custodian, or other person legally responsible for him, to be brought before the court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition. Code 24A-901 amended. Section 4. Said Code Title is further amended by striking subsection (a) of Code section 24A-1402, relating to release or delivery to court, in its entirety and substituting in lieu thereof a new subsection (a) of Code section 24A-1402, to read as follows: (a) A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall: Code 24A-1402 amended. (1) forthwith release without bond the child to his parents, guardian or other custodian upon their promise to bring the child before the court when requested by the court; or (2) bring the child before the juvenile court or deliver him to a detention or shelter care facility designated by the court or to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment. He shall promptly give written notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any temporary detention or questioning of the child necessary to comply with this subsection shall conform to the procedures and conditions prescribed by this Code and rules of court; or (3) bring the child who committed a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has concurrent jurisdiction as provided in section 24A-301 (b); however, pending a committal hearing authorized under Chapter 27-24 or indictment, such child shall be returned and placed in detention, if necessary, only in such places as are authorized by section 24A-1403.

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Section 5. Said Code Title is further amended by striking Code section 24A-1403, relating to place of detention, in its entirety, and substituting in lieu thereof a new Code section 24A-1403, to read as follows: 24A-1403. Place of Detention. (a) A child alleged to be delinquent may be detained only in: Code 24A-1403 amended. (1) a licensed foster home or a home approved by the court; (2) a facility operated by a licensed child welfare agency; (3) a detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court; (4) any other suitable place or facility, designated or operated by the court; or (5) any appropriate place of security, only if the facility in paragraph (3) is not available and the detention is in a room separate and removed from those for adults and it appears to the satisfaction of the court that public safety and protection reasonably require detention and the court so orders. (b) A child alleged to have committed an offense over which the superior court has concurrent jurisdiction under section 24A-301 (b) shall be detained pending a committal hearing under Chapter 27-24 or indictment only in the facilities stated in paragraphs (1) through (5) of subsection (a) unless it appears to the satisfaction of the juvenile court that public safety and protection reasonably require detention in a common jail and the court so orders. (c) If a case is transferred to any other court for criminal prosecution under section 24A-2501, the child may be

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transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. (d) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility designated by the court. (e) A child alleged to be deprived or unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1), (2), and (4) of subsection (a). Section 6. Said Code Title is further amended by striking Code section 24A-2501, relating to transfer to other courts, in its entirety and substituting in lieu thereof a new Code section 24A-2501, to read as follows: 24A-2501. Transfer to Other Courts. (a) After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if: Code 24A-2501 amended. (1) a hearing on whether the transfer should be made is held in conformity with sections 24A-1801, 24A-2001 and 24A-2002; and (2) notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing; and (3) the court in its discretion determines there are reasonable grounds to believe that (i) the child committed the

Page 888

delinquent act alleged, (ii) the child is not amenable to treatment or rehabilitation through available facilities, (iii) the child is not committable to an institution for the mentally retarded or mentally ill, and (iv) the interests of the child and the community require the child be placed under legal restraint and the transfer should be made; and (4) the child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in the penitentiary. (b) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition. (c) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Section. (d) Statements made by the child at any hearing under this Act are not admissible against him over objection in the criminal proceedings following the transfer. Section 7. Said Code Title is further amended by striking subsection (b) of Code section 24A-2601, relating to the disposition of a mentally ill or mentally retarded child, in its entirety and substituting in lieu thereof the following: (b) If it appears from the study and report that the child is committable under the laws of this State as a mentally retarded or mentally ill child, the court shall order the child detained and proceed within 10 days to commit the child to the Georgia Department of Human Resources, Mental health Division. Code 24A-2601 amended. Section 8. Said Code Title is further amended by striking subsection (g) (1) of Code section 24A-3503 relating to protections surrounding the taking of childrens' finger-prints

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and photographs, in its entirety and substituting in lieu thereof the following: (g) (1) The name or picture of any child under the jurisdiction of the court for the first time shall not be made public by any news media, upon penalty of contempt under section 24A-3601, except as authorized by an order of the court. Code 24A-3503 amended. Section 9. Said Code Title is further amended by striking subsection (a) of Code section 24A-3901, relating to juvenile courts acting as courts of inquiry, in its entirety and substituting in lieu thereof the following: (a) The juvenile court shall have jurisdiction to act as a court of inquiry, with all the powers and rights allowed courts of inquiry in Georgia, and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 years of age or over that may be in violation of the laws of Georgia, whenever such person is brought before the court in the course of any proceeding instituted under this Code. Whereupon, the court shall cause such person to be apprehended, and brought before it, upon either a writ of summons or warrant duly issued, or by arrest, and where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that such person has committed a misdemeanor or felony as prescribed under the laws of Georgia, the court in such instance shall either commit, or bind over to the court of proper jurisdiction in this State, or discharge such person, and, when justice shall require, the court shall cause such person to make such bond or bail, as the court shall deem proper under the circumstances, to cause such person to appear before the court of proper jurisdiction in this State, to be acted upon as provided by law. Code 24A-3901 amended. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.

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MINIMUM STANDARDS FOR DETENTION FACILITIES PROVIDED, ETC. No. 448 (House Bill No. 79). An Act to provide minimum standards for certain detention facilities within this State; to provide definitions; to provide sanitation and health standards; to provide for full-time jailers at detention facilities; to provide for security measures; to provide for fire and health inspections; to provide for other matters relative thereto; to provide 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. Definitions. In this Act, the following terms shall have the respective meanings listed in this Section unless the context clearly requires a different meaning: (a) detention facility means a municipal or county jail used for the detention of prisoners charged with or convicted of either a felony, misdemeanor or municipal offense; (b) inmate means a prisoner who is detained in a detention facility by reason of being charged with or convicted of a felony, misdemeanor or a municipal offense; (c) officer in charge means the sheriff, if the detention facility is under his supervision, or the warden, captain or superintendent having the supervision of any other detention facility. Section 2. Security. (a) It shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in such detention facility unless a full-time jailer is on duty at such detention facility at all times while a person is incarcerated therein. (b) If the local governing authority having jurisdiction over the detention facility has knowledge of the

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operation of such facility without a full-time jailer on duty while persons are incarcerated therein, each member of such local governing authority having such knowledge and failing to attempt to correct such deficiency shall be in violation of the provisions of this Act. (c) The officer in charge of every detention facility shall have the same inspected semiannually by an officer from the State Fire Marshal's office or an officer selected by the Safety Fire Commissioner of this State. Each detention facility shall be required to comply with the provisions of this Act relating to fire safety and the applicable rules and regulations promulgated by the Safety Fire Commissioner. The inspecting officer shall fill out a form provided by the officer in charge and said form shall be posted in a conspicuous place by the officer in charge, thereby evidencing inspection of such facility. (d) There shall be at least two separate keys for all locks at a detention facility, with one set in use and all duplicate keys safely stored under the control of a jailer or other administrative employee for emergency use. All security personnel must be familiar with the locking system of the detention facility and must be able to immediately release inmates in the event of a fire or other emergency. Regular locking and unlocking of door and fire escape locks must be made to determine if they are in good working order. Any damaged or nonfunctioning security equipment must be promptly repaired. Section 3. Sanitation and Health. (a) All aspects of housing, food preparation and food service and other operations of a detention facility shall conform to the applicable standards of the Department of Human Resources. (b) All inmates shall be given not less than two substantial and wholesome meals daily. (c) Sanitation inspections of both facilities and inmates shall be made as frequently as is necessary to insure against the presence of unsanitary conditions; provided, however,

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that an official from the Department of Human Resources or an officer designated by the Commissioner of Human Resources shall inspect such facilities at least once a month. New inmates should be carefully classified, with adequate segregation and treatment given as needed. (d) The officer in charge or his designated representative shall assure that each inmate is observed daily, and a physician shall be immediately called if there are indications of serious injury, wound or illness. The instructions of the physician shall be strictly carried out. Ill inmates shall be furnished such food as is prescribed by the attending physician. 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. No detention facility covered by the provisions of this Act shall be operated after January 1, 1974, unless such detention facility is in compliance with the provisions of this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. SHERIFFS' RETIREMENT FUND ACT AMENDEDCERTAIN RETIREMENT AGE REDUCED, ETC. No. 453 (House Bill No. 146). 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 subsequently amended, and particularly as amended by the Act approved March 31, 1972 (Ga. L. 1972, p. 705), so as to reduce the retirement age of those

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members of the Fund who have ceased to hold the office of sheriff and who are otherwise eligible to receive retirement benefits except for their not having reached the age of 60 years; so as to provide that such members of the Fund shall be eligible to receive retirement benefits from and after the date of April 1, 1973 and upon their reaching the age of 55 years; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Sub-section 3 of section 17 of the 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, and particularly as amended by an Act approved March 31, 1972, (Ga. L. 1972, p. 705) is hereby further amended by adding at the end of sub-section 3 of said section 17 the following language: Any member of the Sheriffs' Retirement Fund of Georgia who is otherwise eligible to receive retirement benefits except for his having reached the age of 60 years shall, from and after April 1, 1973, be eligible to receive retirement benefits upon such member reaching the age of 55 years even though such member may have ceased to hold the office of Sheriff., so that when amended said sub-section 3 of section 17 shall read as follows: 3. He must have reached the age of 55 years. Any member of the Sheriffs' Retirement Fund of Georgia who is otherwise eligible to receive retirement benefits except for his having reached the age of 60 years shall, from and after April 1, 1973, be eligible to receive retirement benefits upon such member reaching the age of 55 years even though such member may have ceased to hold the office of Sheriff. Age. Section 2. This Act shall be effective upon its approval

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by the Governor or upon its becoming law without the approval of the Governor. Effective date. Section 3. All laws or parts of laws in conflict with this said Act are hereby expressly repealed. Approved April 17, 1973. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDPROVISIONS RELATING TO VOCATIONAL SCHOOLS' FUNDS CHANGED No. 454 (House Bill No. 150). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to change the provisions relative to funds for vocational schools; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking section 33 in its entirety and substituting in lieu thereof a new section 33 to read as follows: Section 33. Funds for State Vocational Schools. The State Board of Education shall annually determine the amount of funds needed for operation of State vocational-technical schools established by the State Board of Education, area vocational schools, comprehensive vocational high schools, and other secondary school vocational programs. Such funds, including salaries of teachers over and above teachers earned under Section 11 of this Act, shall be made available for the operation of such schools and vocational programs under rules and regulations prescribed by the State Board of Education, provided, however, that the number

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of teachers for comprehensive vocational high schools and other secondary school vocational programs in excess of teachers earned under Section 11 of this Act shall not exceed one-third of the number of vocational education teachers approved by the State Board of Education for such schools and programs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. TEACHERS' RETIREMENT SYSTEMMINIMUM RETIREMENT BENEFITS PROVIDED. No. 455 (House Bill No. 162). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide for minimum retirement benefits for certain members who have previously retired; 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 (2) of section 5 a new paragraph (e) to read as follows: (e) In the case of the retirement of any member, the allowance to be received by such members shall not be less than $9.00 per month for each year of service not to exceed forty (40) years of service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.

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TEACHERS RETIREMENT SYSTEMEXEMPTIONS FROM EXECUTIONS PROVIDED. No. 456 (House Bill No. 167). 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 extend the exemptions and immunities accorded to all amounts paid by local school retirement systems for the account and benefit of members of such local systems; 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 section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. Exemptions From Execution. (a) The right to a pension, an annuity, or a retirement allowance, to the returns of contributions, the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act, and the moneys in the various accounts created by this Act, are hereby exempt from any State, county or municipal tax, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided. The exemptions and immunities provided hereunder shall extend to benefits accrued or accruing to any member of a local retirement system, whether such benefits are attributable to amounts paid by the retirement system to such local retirement system for the account and benefit of the member or otherwise. (b) A resident of this State who receives a pension, annuity or retirement allowance from a teachers' retirement system of another state or political subdivision shall have

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the same exemption or exemptions with respect thereto as are prescribed in subsection (a), provided the law of such other state or political subdivision allows substantially the same treatment to a person residing there with respect to a pension, annuity, or retirement allowance received from the Teachers' Retirement System of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. GAME AND FISHCOMMERCIAL FISH HATCHERY DEFINED, ETC. No. 459 (House Bill No. 189). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to define commercial fish hatchery; to change the provisions relative to the sale of game fish from private ponds; to authorize the sale of game fish by commercial fish hatcheries; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by adding a new subsection at the end of section 2 to be designated subsection (21) and to read as follows: (21) `Commercial fish hatchery' means a facility consisting of two or more ponds or a raceway system which is

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capable of growing fish from eggs, fry or fingerlings to a commercially saleable size and which produces fish from such eggs, fry or fingerlings for sale more than once annually. Definition. Section 2. Said Act is further amended by striking section 85 in its entirety and substituting in lieu thereof a new section 85 to read as follows: Section 85. (a) Except as otherwise provided herein and in section 85A of this Act, no person shall barter, sell or purchase or offer to barter, sell or purchase or have in possession for barter or sale any game fish; provided, however, this prohibition shall not apply to any American or hickory shad. Game fish shipped from without the State and accompanied by a bona fide bill of sale giving the details of the source of the fish and a description thereof, may be sold and resold, provided each seller has in his possession such bill of sale and otherwise has conformed to all the provisions of this Act and such rules and regulations as may be adopted by the Board of Natural Resources pertaining thereto. Sale of game fish. Exemption. (b) In accordance with the following requirements and rules and regulations of the Board of Natural Resources, the owner or owners of a private pond may sell the game fish therefrom by obtaining a permit from the Game and Fish Division of the Department of Natural Resources before taking the fish. Any such permit may be issued to any pond owner or owners only once annually. The permit shall limit the time for taking the fish from the private pond to fifteen days unless an extension is granted by the Game and Fish Division. Game fish taken from private ponds may be sold and resold under rules and regulations of the Board of Natural Resources. In each instance where the request to sell is approved, the Game and Fish Division will issue to the owner or owners of such private pond sufficient copies of the permit to provide one to the purchaser of the fish taken and one to any common carrier or carriers to be engaged in transporting the fish within the State. No permit shall be required to take or sell channel catfish from private ponds.

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(c) All game fish transported within this State for the purpose of barter, sale or purchase, or delivery on a barter, sale or purchase shall be accompanied by a permit to sell issued by the Game and Fish Division of the Department of Natural Resources. (d) No common carrier shall accept game fish within this State for transportation for barter, sale or purchase, or delivery on a barter, sale or purchase unless said fish be accompanied by a copy of the permit to sell, nor shall any common carrier transport game fish into or through this State for such purposes unless accompanied by proof that they were taken outside the geographical boundaries of this State as provided in subsection (a) of this Section. (e) Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Penalty. Section 3. Said Act is further amended by adding a new section between sections 85 and 86 to be designated section 85A and to read as follows: Section 85A. A commercial fish hatchery licensed under section 30(a) VII (13) of this Act may sell, for consumption or resale, all species of game fish subject to rules and regulations of the Board of Natural Resources. Exemption. 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 17, 1973.

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EMPLOYEES' RETIREMENT SYSTEMREQUIREMENTS FOR MAINTAINING PENSION AND ANNUITY RESERVE FUNDS ELIMINATED, ETC. No. 460 (House Bill No. 192). An Act to amend an Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the limitation on refund payback; to eliminate the requirements for maintaining an annuity reserve fund and a pension reserve fund; to transfer the monies from such funds to the pension accumulation fund; to clarify certain obligations of the pension accumulation fund; to renumber certain subsections; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by striking the word two from subsection (12) of section 4 and inserting in lieu thereof the word three so that when so amended, subsection (12) of section 4 shall read as follows: (12) Any current member having previously withdrawn his contributions not more than three times from the Employees' Retirement System and/or the Teachers' Retirement System of Georgia, may, after five (5) years' active service as a contributing member, reestablish such creditable service as he would have been eligible for as a member of either System had he not withdrawn his contributions, upon his payment into the System a sum equal to the amount withdrawn from either System, plus regular interest at the rate of four and one-fourth percent (4%) per annum from the date of his withdrawal to the date of repayment, and such interest shall be placed in the Pension Accumulation Fund. For any member having repaid into the Employees' Retirement System contributions previously withdrawn from the Teachers' Retirement System, a comparable employer

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contribution shall be paid to the Employees' Retirement System, plus accrued interest thereon, upon receipt of notice from this System. Refund payback. Section 2. Said Act is further amended by striking in its entirety the first paragraph of section 8, and substituting in lieu thereof the following: All the assets of the retirement system shall be credited according to the purpose for which they are held among three funds to be known as the annuity savings funds, the pension accumulation fund, and the expense fund. Credit. Section 3. Said Act is further amended by striking in its entirety paragraph (d) of subsection (1) of section 8 and substituting in lieu thereof a new paragraph (d) to read as follows: (d) The accumulated contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund. Upon the retirement of a member, his accumulated contributions shall be transferred from the annuity savings fund to the pension accumulation fund. Accumulated contributions. Section 4. Said Act is further amended by striking in its entirety subsection (2) of section 8. Section 5. Said Act is further amended by striking the first paragraph of subsection (3) of section 8, and inserting in lieu thereof the following: Pension accumulation fund. The pension accumulation fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities, and all benefits in lieu of annuities payable as provided in this Act. Should a beneficiary be restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to the annuity savings fund and credited to his individual account therein. The pension accumulation fund shall also be the fund in which shall be

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accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers and from which shall be paid all such pensions and other benefits, as follows:. Pension accumulation fund. Section 6. Said Act is further amended by striking paragraph (e) of subsection (3) of Section 8 in its entirety and substituting in lieu thereof a new paragraph (e) to read as follows: (e) All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the board of trustees shall transfer from the pension accumulation fund to the annuity savings fund such amounts as are sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund. Interest and dividends. Section 7. Said Act is further amended by striking in its entirety paragraph (f) of subsection (3) of section 8. Section 8. Said Act is further amended by striking in its entirety subsection (4) of section 8. Section 9. Said Act is further amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. Guaranty. The maintenance of annuity reserves and pension reserves as provided in this Act, the crediting of regular interest to the annuity savings fund as provided in section 8 of this Act, and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this Act, are hereby made obligations of the pension accumulation fund. All assets of the pension accumulation fund, and all income, interest and dividends derived from deposits and investments shall be used for the payment of said obligations and for no other purposes. Guaranty. Section 10. Said Act is further amended by renumbering

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subsections (3), (5), (6), (7), (8) and (9) of section 8 of said Act, as subsections (2), (3), (4), (5), (6) and (7), respectively. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. TEACHERS RETIREMENT SYSTEMLEAVE OF ABSENCE PROVISIONS CHANGED, ETC. No. 461 (House Bill No. 194). 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 leaves of absence; 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 subsection (4) of section 3 and substituting in lieu thereof a new subsection (4) to read as follows: (4) The membership of any member shall terminate if he dies, retires under this retirement system or withdraws his contributions, or if in a period of five 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 four years

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but not more than five 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 prior to the break in service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than five years but not more than six 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 prior to the break in 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 service of the United States approved by the Board of Trustees, or if he would cease to be a member by reason of illness preventing him from rendering the service otherwise required by this subsection. The Board of Trustees may also grant an additional year of leave to a teacher for each child born to or adopted by said teacher while on authorized leave. 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 contributions shall be made to his system by the State or other employer by reason of his service during any such time, except as otherwise provided by this Act. In the event a member desires to pursue full-time study which will require a break in service of more than the normal four years herein provided in order to insure active membership, the Board of Trustees may approve a leave of absence for study purposes in addition to the normal four

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year break in service so that the combined break in service does not exceed six years. Such study leave shall be continuous. In no event shall a member's account remain in an active status longer than six consecutive years. In order to be given creditable service for any period of approved study leave, the member must be granted a leave of absence by his last employer and continue to be carried in the employment of such employer in a covered position equivalent to one-half time or more and on the basis of the salary the member was receiving for full-time employment from the employer immediately prior to the commencement of the study leave and provided the member pays the appropriate member contributions on the salary paid to him during the study leave and the employer pays the appropriate employer matching funds if the source of funds to pay the member's salary is other than State funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. TEACHERS' RETIREMENT SYSTEMDISABILITY RETIREMENT PROVISIONS CHANGED, ETC. No. 462 (House Bill No. 195). 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 disability retirement; to change the provisions relative to death benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p.

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640), as amended, is hereby amended by striking paragraph (a) of subsection (3) of section 5 in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows: (a) Any member in service or on authorized leave may retire on disability upon written application to the Board of Trustees; provided that the said member at the time of retirement shall have 10 years or more of creditable service, and the member's application for disability retirement is approved by the medical board. The medical board, after a medical examination of such member by a qualified physician appointed by the Board of Trustees, shall certify that the applicant is mentally or physically incapacitated for further performance of duty involving active membership with the Teachers' Retirement System of Georgia, that such incapacity is likely to be permanent, and that he should be retired. The effective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Disability. Section 2. Said Act is further amended by striking in its entirety subsection (5) of section 5 and inserting in lieu thereof a new subsection (5) to read as follows: (5) Death Benefit. (a) Upon the death of any member, who was in service or on authorized leave at the time of his death, leaving a named beneficiary, the beneficiary, depending upon the beneficiary designation form on file with the Teachers' Retirement System, shall be entitled to: (i) A cash refund of the member's contributions and interest accumulated at the date of the member's death; or (ii) A monthly benefit computed in the same manner as though the member had retired as of the date of death on a disability allowance as provided for in (3) (c) above, electing Option 2 as provided in subsection (8); or (iii) A choice of electing either (i) or (ii) of this paragraph. Death benefits. (b) In order for a beneficiary to be eligible for a monthly

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death benefit under (ii) or (iii) of paragraph (a), the deceased member must have had a minimum of 10 years of creditable service at the time of death. The nearest year of attained age of both the member and the beneficiary at the time of the member's death will be used in the application of appropriate actuarial tables and in determining the monthly benefits of the beneficiary. A monthly death benefit will commence the first day of the month following the month in which the member's death occurred. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDLOCAL BOARDS OF EDUCATIONPROCEDURE FOR REHIRING TEACHERS PROVIDED, ETC. No. 473 (House Bill No. 278). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to provide that local boards of education shall tender a new contract for the ensuing school year to every teacher on the payroll of the local school system at the beginning of the preceding school year or notify any such teacher that they are not going to rehire him giving him the reasons 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 known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by adding a new section, immediately following section 7, to be designated section 7A, to read as follows:

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Section 7A. Any other provisions of this Act or any other laws to the contrary notwithstanding, local boards of education shall tender a new contract for the ensuing school year to every teacher on the payroll of the local school system at the beginning of the preceding school year, except teachers who have resigned or who have been terminated, by April 15 of each year or notify any such teacher that they are not going to rehire him for the ensuing school year. The notification shall be in writing. 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 17, 1973. SOIL AND WATER CONSERVATION LAW AMENDEDEMPLOYEES TO BE SUBJECT TO MERIT SYSTEM OF EMPLOYMENT, ETC. No. 478 (House Bill No. 306). An Act to amend the Soil and Water Conservation Districts Law, approved March 26, 1937 (Ga. L. 1937, p. 377), as amended, so as to provide that all employees of the State Soil and Water Conservation Committee, except members of the committee, shall be subject to a merit system of employment as promulgated by the State Soil and Water Conservation Committee, under which all such employees shall be selected on a basis of merit, fitness, and efficiency, according to law; to provide that all such employees shall be authorized to become and be members of the Employees' Retirement System of Georgia as established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended; to provide for commencement dates; to provide for the payment of contributions required by the Act creating the Employees' Retirement System of Georgia;

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to provide that all rights, credits and funds in said retirement system possessed by persons at the time of their employment by the State Soil and Water Conservation Committee shall be continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits or funds to which they may be entitled prior to becoming employees of the committee; 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 Soil and Water Conservation Districts Law, approved March 26, 1937 (Ga. L. 1937, p. 377), as amended, is hereby amended by adding at the end of section 4 a new subsection, to be designated subsection (e), to read as follows: (e) All employees of the State Soil and Water Conservation Committee, except members of the committee, shall be subject to a merit system of employment as promulgated by the State Soil and Water Conservation Committee, under which all such employees shall be selected on a basis of merit, fitness, and efficiency, according to law. All such employees are hereby authorized to become and be members of the Employees' Retirement System of Georgia as established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended. There shall be paid from the funds appropriated for the operation of the State Soil and Water Conservation Committee all employer contributions required by the Act creating the Employees' Retirement System of Georgia. All rights, credits and funds in said retirement system possessed by persons at the time of their employment by the State Soil and Water Conservation Committee are hereby continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits or funds to which they may be entitled prior to becoming employees of the committee. Section 2. This Act shall become effective on July 1, 1973. The commencement date for employees of the State Soil and Water Conservation Committee becoming members

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of the Employees' Retirement System of Georgia and for the contribution of funds required by the Act creating the Employees' Retirement System of Georgia shall be July 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. EDUCATIONREQUIRED IMMUNIZATIONS OF SCHOOL CHILDRENTIME PROVISIONS CHANGED, ETC. Code 32-911 Amended. No. 479 (House Bill No. 364). An Act to amend Code section 32-911, relating to the immunization of school children prior to their admission to public schools, as amended, particularly by an Act which became law without the approval of the Governor (Ga. L. 1968, p. 1436), so as to provide for a certain period of time within which a parent or guardian of a school child and school officials may secure the required immunization without violating the provisions of said section; to redefine exemptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-911, relating to the immunization of school children prior to their admission to public schools, as amended, particularly by an Act which became law without the approval of the Governor (Ga. L. 1968, p. 1436), is hereby amended by deleting in its entirety subsection (c) and substituting in lieu thereof a new subsection (c) to read as follows: (c) Any school official permitting any child to remain enrolled in any public school for a period in excess of 120 days in violation of this Section and any parent or guardian

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of any child who shall fail to comply with the provisions of this Section within 120 days of the date the child shall first be admitted to any public school shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Time. Section 2. Said Code section is further amended by deleting in its entirety subsection (e) and substituting in lieu thereof a new subsection (e) to read as follows: (e) The provisions of this section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious beliefs of said parent or guardian, provided that immunization may be required in these cases when such disease is in epidemic stages. To comply with the requirements of this subsection, the parent or guardian must furnish the school an affidavit in which said parent or guardian swears under oath that the immunization required by this Chapter conflicts with the religious beliefs of said parent or guardian. Exemptions. 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 17, 1973. JUDGES EMERITUSCERTAIN COMPENSATION AND EXPENSES PROVIDED FOR CERTAIN DUTIES. No. 480 (House Bill No. 383). An Act to amend an Act creating the office of judge of the superior courts emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, and to amend an Act providing the duties and expenses of the judges emeritus of

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the superior courts, approved March 5, 1962 (Ga. L. 1962, p. 547), as amended, so as to provide for the compensation and expenses of superior court judges emeritus for performing certain duties; 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 creating the office of judge of the superior courts emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, is hereby amended by striking from section 5 the following: Such judges shall be compensated, in addition to the salary provided for herein, in the amount of $10 per day for such services. Section 2. Said Act is further amended by inserting, following section 5, a new section, to be designated section 5A, to read as follows: Section 5A. Judges emeritus, while serving as judges of the superior courts as herein provided, shall receive compensation in the amount of $50 per day. In addition to such compensation, such judges emeritus shall receive their actual expenses and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage shall be paid from State funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the judge emeritus as to the number of days served and the expenses and mileage. Compensation. Section 3. An Act providing the duties and expenses of the judges emeritus of the superior courts, approved March 5, 1962 (Ga. L. 1962, p. 547), as amended, is hereby amended by striking from section 3 the following: It is further enacted that judges emeritus while serving as judges of the superior court as herein provided shall receive in addition to the salary provided by law, actual expenses in an amount set by the governing authority of the

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county in which the judge emeritus serves, and mileage at the same rate as other State employees, for such service, which shall be paid by the governing authority of the county in which the judge emeritus serves from funds provided for the operation of the superior courts upon a certificate by the judge emeritus as to the number of days served and expenses and mileage. Section 4. Said Act is further amended by inserting, following section 3, a new section, to be designated section 3A, to read as follows: Section 3A. Judges emeritus, while serving as judges of the superior courts as herein provided, shall receive compensation in the amount of $50 per day. In addition to such compensation such judges emeritus shall receive their actual expenses and shall receive mileage at the same rate as other State employees for such services. Said compensation, expenses and mileage shall be paid from State funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the judge emeritus as to the number of days served and the expenses and mileage. Expenses. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. REVENUECERTAIN MUNICIPALITIES EXEMPTED FROM USING COUNTY TAX ASSESSMENTS (15,000 OR MORE IN COUNTIES OF 59,000-60,000). Code 92-4004 Amended. No. 514 (House Bill No. 587). An Act to amend Code section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation, so as to exempt

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certain municipalities from the provisions of said Code Section; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4004, relating to the requirement that municipal tax assessing authorities use the county assessment on property which is subject to both municipal and county ad valorem taxation, is hereby amended by adding at the end of said Code Section, the following: Provided, further, where there are existing municipal and county assessments for any municipality with 15,000 or more persons according to the United States Decennial Census of 1970, or any future census, located within counties having populations of not less than 59,000 and not more than 60,000 according to the United States Decennial Census of 1970, or any future federal census, the State Revenue Commissioner may, for each parcel of property, or class of property, designate which of the two assessments shall be used., so that when so amended, said Code section shall read as follows: 92-4004. The board of tax assessors in each municipality shall use as the basis for fair market value of property subject to both municipal and county ad valorem taxation the 100 percent fair market value determined for the property for county ad valorem tax purposes before being reduced to the 40 percent assessed value required by law for county ad valorem taxation purposes. As soon as such information is available and upon request, each county shall make available to the governing authority of each municipality lying wholly or partially within such county, without charge, the fair market values of all property subject to both county and municipal ad valorem taxation for the current year. Provided, however, where there are existing municipal and county assessments for any municipality with 20,000 or more persons according to the United States Decennial

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Census of 1970, or any future federal census, located within counties having populations of not less than 400,000 and not more than 600,000 according to the United States Decennial Census, or any future federal census, the State Revenue Commissioner may, for each parcel of property, or class of property, designate which of the two assessments shall be used. Provided, further, where there are existing municipal and county assessments for any municipality with 15,000 or more persons according to the United States Decennial Census of 1970, or any future census, located within counties having populations of not less than 59,000 and not more than 60,000 according to the United States Decennial Census of 1970, or any future federal census, the State Revenue Commissioner may, for each parcel of property, or class of property, designate which of the two assessments shall be used. Code 92-4004 amended. 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. 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 17, 1973.

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DRIVERS' LICENSESPROVISIONS RELATIVE TO HONORARY DRIVERS' LICENSES CHANGED. No. 517 (House Bill No. 611). An Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of drivers' licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved April 6, 1972 (Ga. L. 1972, p. 1076), and an Act approved April 6, 1972 (Ga. L. 1972, p. 1078), so as to provide that a new license shall not be issued unless the holder of an honorary driver's license specifically requests a new license in lieu of his honorary license; to provide that the holders of honorary drivers' licenses shall be informed that they may retain their honorary drivers' licenses if they so choose at the time such persons take the examination for visual acuity; to provide that the holder of any honorary driver's license who surrendered or turned in his honorary driver's license at the time he took the examination for visual acuity during 1973 shall be furnished, at the request of such person, a duplicate of his original honorary driver's license; to provide that it shall be the duty of the Department of Public Safety to make available to any holder of an honorary driver's license which was surrendered during 1973 a duplicate of such license so surrendered, including thereon the signature of the Governor originally signing such honorary driver's license; to provide for requirements for the issuance of such duplicate licenses; to provide for procedures in connection with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of drivers' licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved April 6, 1972 (Ga. L. 1972, p. 1076), and an Act approved April 6, 1972 (Ga. L. 1972, p. 1078), is hereby

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amended by adding to subsection (b) of section 5A of Article IV, following: he may retain his honorary license in lieu of being issued a new license., the following: A new license shall not be issued unless the holder of the honorary driver's license specifically requests a new license in lieu of his honorary license. The holders of honorary drivers' licenses shall be informed that they may retain their honorary drivers' licenses or may obtain new honorary drivers' licenses if they so choose at the time such persons take the examination for visual acuity., and by adding at the end of said section a new subsection, to be designated subsection (c), to read as follows: (c) The holder of any honorary driver's license who surrendered or turned in his honorary driver's license at the time he took the examination for visual acuity during 1973 shall be furnished, at the request of such person, a duplicate of his original honorary driver's license. Such duplicate shall be furnished without cost to the holder of such honorary license, but such person shall surrender the license furnished to him during 1973 before being issued the duplicate of his original honorary license. It shall be the duty of the Department of Public Safety to make available to any holder of an honorary driver's license which was surrendered during 1973 a duplicate of such license so surrendered, including thereon the signature of the Governor originally signing such honorary driver's license., so that when so amended, section 5A shall read as follows: Section 5A. (a) Any other provisions of this Act to the contrary notwithstanding, after January 1, 1973, the holder of a Georgia driver's license of any class shall be reexamined at least every four years by the Director for the purpose of ascertaining the holder's visual acuity. The

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Director shall examine the licensee for visual acuity initially under the provisions of this Section at the time the holder applies for a renewal of his license after January 1, 1973. No license shall be issued or renewed unless the applicant's visual acuity is correctable to 20/60 vision. No license shall be issued by the Director to be effective for a period in excess of four years. The applicant may furnish the certificate of a licensed physician or optometrist certifying the visual acuity of each eye of the applicant, which certificate shall be dated within 12 months of the date of renewal, and such certificate may be accepted by the Director in lieu of his own examination, but this shall not prevent the Director from examining the applicant himself if he doubts that the applicant meets the minimum standards of visual acuity. (b) The provisions of subsection (a) shall also apply to each holder of an honorary driver's license except where in conflict with the provisions of this subsection. In the event the holder of an honorary license meets the minimum requirements for visual acuity as provided for in subsection (a), he may retain his honorary license in lieu of being issued a new license. A new license shall not be issued unless the holder of the honorary driver's license specifically requests a new license in lieu of his honorary license. The holders of honorary drivers' licenses shall be informed that they may retain their honorary drivers' licenses or may obtain new honorary drivers' licenses if they so choose at the time such person takes the examination for visual acuity. The Director shall provide for a notation to be entered in the file and on the license of the holder of an honorary license as to the date of the examination, and the holder shall be required to meet such minimum requirements each four years thereafter. In the event the holder of an honorary license shall fail to meet the aforesaid minimum requirements, his honorary license shall be stamped `Void' and he shall not be authorized to operate a motor vehicle until such time as such minimum requirements shall be met. Such holder, however, shall be allowed to retain such void license. When and if such minimum requirements are met by the holder, he shall be issued a

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new honorary driver's license. No fee whatsoever shall be charged the holder of an honorary driver's license for the issuance of any license or for any matter in connection with an examination for visual acuity. Every holder of an honorary driver's license shall take the first examination for visual acuity pursuant to this Section during the months of his birthday beginning with January 1, 1973, and ending December 30, 1973. (c) The holder of any honorary driver's license who surrendered or turned in his honorary driver's license at the time he took the examination for visual acuity during 1973 shall be furnished, at the request of such person, a duplicate of his original honorary driver's license. Such duplicate shall be furnished without cost to the holder of such honorary license, but such person shall surrender the license furnished to him during 1973 before being issued the duplicate of his original honorary license. It shall be the duty of the Department of Public Safety to make available to any holder of an honorary driver's license which was surrendered during 1973 a duplicate of such license so surrendered, including thereon the signature of the Governor originally signing such honorary driver's license. Duplicate license. 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 17, 1973.

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HEALTHGEORGIA RADIATION CONTROL ACT AMENDEDREGULATION OF RADIATION EXTENDED, ETC. Code Chapter 88-13 Amended. No. 540 (House Bill No. 713). An Act to amend Code Chapter 88-13, relating to control of ionizing radiation and known as the Georgia Radiation Control Act, as amended, so as to extend regulation of radiation to include all types of radiation; to change certain definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-13, relating to control of ionizing radiation and known as the Georgia Radiation Control Act, as amended, is hereby amended by striking the word ionizing from Code section 88-1302, wherever the same shall appear, so that when so amended, Code section 88-1302 shall read as follows: 88-1302. Declaration of policy. It is the policy of the State of Georgia, in furtherance of its responsibility to protect the public health and safety: Code 88-1302 amended. (a) to institute and maintain a program to permit development and utilization of sources of radiation for purposes consistent with the health and safety of the public; and (b) to prevent any associated harmful effects of radiation upon the public through the institution and maintenance of a regulatory program for all sources of radiation, providing for. (1) compatibility with the standards and regulatory programs of the federal government for by-product, source and special nuclear materials;

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(2) a single, effective system of regulation within the State; and (3) a system consonant insofar as possible with those of other states. Section 2. Said Code Chapter is further amended by striking from subsections (b) and (d) of Code section 88-1303 the word ionizing, wherever the same shall appear, so that when so amended, subsections (b) and (d) shall read as follows: (b) `Radiation machine' means any device designed to produce or that produces radiation or nuclear particles when the associated control devices of the machine are operated. Code 88-1303 amended. (d) `Permissible radiation exposure' means an amount of radiation for an individual that may be established in standards adopted by the Department of Public Health. Section 3. Said Code Chapter is further amended by adding at the end of Code section 88-1303 a new subsection, to be designed subsection (k), to read as follows: (k) `Radiation' means gamma rays and X rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves with frequencies between 1 Hertz and 1024 Hertz and wavelengths between 3 [times] 108 meters and 3 [times] 10-16 meters. Code 88-1303 amended. Section 4. Said Code Chapter is further amended by striking the word ionizing from subsections (a), (c), (d), (h) and (j) of Code section 88-1306, so that when so amended, subsections (a), (c), (d), (h) and (j) shall read as follows: (a) Develop comprehensive policies and programs for the evaluation, determination, and amelioration of hazards

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associated with the use of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs for regulation of by-product, source, and special nuclear materials;. Code 88-1306 amended. (c) Encourage, participate in, or conduct studies, investigations relating to the control of sources of radiation, the measurement of radiation, the effect upon public health and safety of exposure to radiation, and related problems;. (d) Adopt, promulgate, amend, and repeal such rules, regulations and standards which may provide for licensing or registration relating to the manufacture, production, transportation, use, handling, storage, disposal, sale, lease, or other disposition of radioactive material and radiation machines as may be necessary to carry out the provisions of this Chapter; provided, that prior to adoption of any regulation or standard, or amendment or repeal thereof, the Department shall afford interested parties an opportunity, at a public hearing, conducted as provided in Chapter 88-3 of this Title, to submit data or views orally or in writing. The recommendations of nationally recognized bodies in the field of radiation protection shall be taken into consideration in such standards relative to permissible dosage of radiation;. (h) Collect and disseminate information relating to the control of sources of radiation, including but not limited to: (1) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (2) maintenance of a file of registrants possessing sources of radiation requiring registration under the provisions of this Chapter, and regulations thereunder, and any administrative or judicial action pertaining thereto;. (j) Exempt certain sources of radiation or kind of uses or users from the licensing or registration requirements set forth in this Chapter when the Department determines that the exemption of such sources of radiation or kinds

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of users will not constitute a significant risk to the health and safety of the public;. Section 5. Said Code Chapter is further amended by striking from Code section 88-1311 the word ionizing, wherever the same shall appear, so that when so amended, Code section 88-1311 shall read as follows: 88-1311. Impounding of materials. (a) The Department shall have the authority in the event of an emergency to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this Chapter or any rules or regulations issued thereunder. Code 88-1311 amended. (b) The Department may release such sources of radiation to the owner thereof upon terms and conditions in accordance with the provisions of this Chapter and rules and regulations adopted thereunder or may bring an action in the appropriate superior court for an order condemning such sources of radiation and providing for their destruction or other disposition so as to protect the public health and safety. Section 6. Said Code Chapter is further amended by striking from Code section 88-1312 the word ionizing, wherever the same shall appear, so that when so amended, Code section 88-1312 shall read as follows: 88-1312. Prohibited uses. It shall be unlawful for any person to use, manufacture, produce, transport, receive, acquire, own or possess any source of radiation required to be licensed or registered hereunder, unless licensed by or registered with the Department in accordance with the provisions of this Chapter and rules and regulations adopted and promulgated thereunder. Code 88-1312 amended. Section 7. This Act shall become effective April 1, 1973. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.

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BANKS AND BANKINGNATIONAL BANKS, FEDERAL SAVINGS AND LOAN ASSOCIATIONS, ETC., TO BE TAXED AS STATE BANKS, ETC. Code 92-2406 repealed; Code 92-3102 amended. No. 558 (House Bill No. 801). An Act to provide that it shall be the policy of this State that national banks and banking associations, federal savings and loan associations and building and loan associations shall be taxed in the same manner and to the same extent as banks organized and chartered under the laws of Georgia and that both shall be taxed in the same manner and to the same extent as other private domestic corporations organized for profit; to provide for the creation and administration of an Intangible Tax Equalization Fund; to provide an effective date; to repeal and amend conflicting laws and portions of laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the policy of this State that national banks and banking associations, federal savings and loan associations and building and loan associations shall be taxed in the same manner and to the same extent as banks organized and chartered under the laws of Georgia and that both shall be taxed in the same manner and to the same extent as other private domestic corporations organized for profit. Policy. Section 2. An Act entitled An Act to Classify Property for Taxation, approved December 27, 1937, (Ga. L. 1937-38, Extra. Sess., p. 156), is hereby amended by striking from section 7 thereof the following words: apply to shares of banks or banking associations (or moneyed capital in the hands of individual citizens of Georgia in competition with national banks), nor shall it be deemed to

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so that said section, as amended, shall read as follows, beginning with the second sentence thereof: The stock of corporations organized under the laws of this State are also exempt from said tax if such corporation pays all taxes in Georgia as now provided for by law: Provided, this exemption shall in no event be construed to modify, amend, or repeal the provisions of the property tax (including the franchise tax as applied to utility corporations) on property owned by a corporation organized under the laws of Georgia or the capital stock (license) tax applying to corporations organized under the laws of Georgia. Exemption. Section 3. The following laws and parts of laws in conflict with this Act are herewith repealed or amended: (a) Section 2 of an Act entitled An Act to Classify Property for Taxation, approved December 27, 1937 (Ga. L., 1937-38 Extra. Sess., p. 156), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1050), is hereby amended by striking from said section, as amended, the following words: Franchises and all shares of bank or banking associations, including Federal Land Banks, together with all moneyed capital in the hands of individual citizens of Georgia coming into competition with the business of National Banks are hereby classified to be taxed as heretofore provided by law and shall not be subject to the provisions of the following sections of this Act. Taxation. (b) Subsection (d) of section 3 of said Act entitled An Act to Classify Property for Taxation is herewith repealed in its entirety. (c) Section 7 of said Act entitled An Act to Classify Property for Taxation is hereby amended by striking therefrom the following words: to apply to shares of banks or banking associations (or moneyed capital in the hands of individual citizens of

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Georgia in competition with national banks), nor shall it be deemed (d) Said Act entitled An Act to Classify Property for Taxation, as amended by an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 170), is hereby amended by striking in its entirety subsection (a) of section 14 of said Act, as amended. (e) An Act approved December 22, 1953 (Ga. L. 1953, Nov. Sess., p. 379), is hereby amended by repealing in their entirety sections 1, 2, 3, and 4 of Part II and sections 1 and 2 of Part III of said Act. (f) Subsection (k) of section 3 of paragraph 45 (a) of an Act entitled General Tax Act, approved August 25, 1927 (Ga. L. 1927, p. 56), particularly as amended by an Act approved August 29, 1929 (Ga. L. 1929, p. 84), and by an Act approved March 31, 1931 (Ga. L. 1931, Extra. Sess., p. 76), is hereby repealed and subsections (1) through (p) of section 3 of said Act, as amended, are hereby redesignated subsections (k) through (o). (g) Section 92-2406 of the Code of Georgia, as amended, is herewith repealed in its entirety. Code 92-2406 repealed. (h) Subsection (b) of section 5 of an Act entitled The Income Tax Act of 1931 (Ga. L. 1931, Extra. Sess., p. 24) and subsection (i) of section 5 of said Act, particularly as amended by an Act approved March 5, 1943 (Ga. L. 1943, p. 320) are herewith repealed in their entirety and subsections (c) through (h) of section 5 of said Act are hereby redesignated subsections (b) through (g), and subsections (j) through (m) are redesignated subsections (h) through (k). (i) Section 92-3102 of the Code of Georgia, as amended, is hereby further amended by striking from paragraph 2 of subsection (b) thereof the following words: There shall also be subtracted dividends on stocks of banks and trust companies incorporated under the banking laws of this State or of the United States.

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so that said paragraph 2, as amended, shall read as follows: There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent includible in gross income for Federal income tax purposes but exempt from State income taxes under the laws of the United States. Any amount subtracted under this subsection shall be reduced by any expenses directly attributable to the production of the interest or dividend income. Code 92-3102 amended. (j) An Act to classify property for taxation, Ga. L. 1937-38, Ex. Sess., p. 165, is hereby amended by adding at the end of section 10 thereof a new section to be entitled section 10A to read as follows: Section 10A. There is herewith created an Intangible Tax Equalization Fund to be funded in fiscal year 1974 in the amount of $3.5 million and annually thereafter in an amount to be determined by the General Assembly for the purpose of compensating certain counties, cities, and school systems for losses of revenues occasioned by the taxation of banks and other financial institutions in the same manner as commercial corporations. The Intangible Tax Equalization Fund shall be administered by the State Revenue Commissioner and shall be disbursed by him to the tax commissioner, tax collector, and other appropriate fiscal officer of the various counties, cities, and school systems of this State not later than April 1 of each year according to the following procedure: Intangible Tax Equalization Fund. The Commissioner shall determine the gross loss in revenues incurred by each county, city, and school system on account of the repeal of the intangible tax upon the shares of the stockholders of banks and banking associations, Ga. L. 1966, p. 284, Ga. Code section 92-2406, and the repeal of the intangible tax on the net worth of building and loan associations and federal savings and loan associations (Ga. L. 1953, pp. 379, 388). This amount of gross loss shall

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be reduced by the revenue increases, if any, accrued to each county, city, and school system from the taxation of previously exempt personal property owned by banks and other financial institutions, from license fees imposed upon banks and other financial institutions, from the tax upon intangible property owned by banks and other financial institutions, and from the intangible recording tax imposed upon banks and other financial institutions by the repeal of Ga. L. 1953, Nov. Sess., pp. 379, 383, Ga. L. 1955, pp. 288-89, Ga. Code section 92-164, so as to show a net loss of revenue. All of the funds appropriated to the Intangible Tax Equalization Fund shall be distributed among those counties, cities, and school systems incurring net revenue losses in the same ratio that the net loss, if any, of each county, city, and school system bears to the total of the net losses of all counties, cities, and school systems; Provided, that no county, city, or school system shall receive an amount of money in excess of its net revenue loss as herein computed. After the amount herein before specified is funded, the balance of any new tax monies derived from this Act shall be appropriated to local governments. Section 4. This Act shall become effective on January 1, of the calendar year following any year in which the General Assembly shall have appropriated the monies as provided in section 3(j) hereof to the Intangible Tax Equalization Fund. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.

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SOIL AND WATER CONSERVATION DISTRICTS ACT AMENDEDCOMPOSITION OF ADVISORY COMMITTEE CHANGED. No. 564 (House Bill No. 815). An Act to amend an Act establishing soil and water conservation districts and providing for the conservation of soil and water resources, approved March 26, 1937 (Ga. L. 1937, p. 377), as amended, so as to change the composition of the Advisory Committee; to change the method by which districts are created and their boundaries altered; to change the terms of office of elected supervisors; to provide for additional appointed supervisors; to change the terms of office of the appointed supervisors; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing soil and water conservation districts and providing for the conservation of soil and water resources, approved March 26, 1937 (Ga. L. 1937, p. 377), as amended, is hereby amended by striking in its entirety the first paragraph of subsection a. of section 4 and substituting in lieu thereof the following: a. There is hereby established, to serve as any agency of the State and to perform the functions conferred upon it in this Act, the State Soil and Water Conservation Committee. The following shall serve as members of the Committee: five district soil and water conservation supervisors who shall be appointed by the Governor as hereinafter provided. Commencing with appointments for the year 1977, the Governor shall appoint to the Committee one supervisor from each of the five Georgia Association of Soil and Water Conservation District Groups. Such appointments shall be for terms of office of one, two, three, four and five years, respectively. Thereafter, successors shall be appointed for terms of office of five years and until their successors are duly appointed. The following shall

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serve ex officio in an advisory capacity to the State Soil and Water Conservation Committee: the Director of State Agricultural Extension Service, the Commissioner of the Department of Natural Resources, the Director of the Georgia Agricultural Experiment Stations, the Executive Director of the Agricultural Stabilization Conservation Service, the Georgia State Director of the Farmer's Home Administration, the Director of the Southern Piedmont Conservation Research Center, the President of the Georgia Association of Conservation Districts, the Director of the Georgia Forestry Commission, the Georgia Supervisor of Natural Forests of the U.S. Forestry Service, the State Conservationist of the Soil Conservation Service, the Dean of the State College of Agriculture located at Athens, Georgia, the Director of Vocational Agriculture in Georgia, the Commissioner of Agriculture of Georgia, and such other representatives of State or Federal agencies as the State Committee deems desirable. The Committee shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this Act. Members. Section 2. Said Act is further amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows: Section 5. The number and geographical boundaries of the several soil and water conservation districts shall remain as they existed on July 1, 1973, unless changed as hereinafter provided. In the event two-thirds of the supervisors within each of the affected districts, each of the governing authorities of each county within any affected district and the State Soil and Water Conservation Committee shall agree to the alteration of any district or the formation of any new such district, the alteration or formation may be effected if all such approvals are filed with the State Soil and Water Conservation Committee along with the description of the altered boundaries or the boundaries of the new districts. The alteration of existing districts or formation of new districts may not be effected so that the boundaries

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of any such district will traverse the boundaries of any Area Planning and Development Commission within the district or districts. All of the property and assets of any altered district shall be distributed among the affected districts in accordance to the same ratio used in the distribution of State appropriated funds to the effected districts. Section 3. Said Act is further amended by inserting between section 7 and 8 a new section, to be known as section 7A, to read as follows: Section 7A. Notwithstanding the above provisions to the contrary: (a) as the terms of the office of the present elected supervisors shall expire, their successors shall be elected to serve for terms of office of four years and until their successors are duly elected; (b) the State Soil and Water Conservation Committee shall appoint one supervisor for each county for those districts which contain three or more counties or portions of three or more counties. Appointments by the Committee shall be made from a list submitted to the Committee by the elected supervisors of the district containing three nominees for each appointive position. Appointed supervisors shall serve for terms of office of two years and until their successors are appointed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. INTOXICATING BEVERAGEWINESCERTAIN PRODUCTION BY HEAD OF HOUSEHOLD AUTHORIZED, ETC. No. 577 (House Bill No. 873). An Act to provide that a head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his household without any requirement to

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be licensed for such purpose; to provide that there shall be no excise tax on such wine; 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. A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. The excise tax upon wine, imposed by an Act relating to the manufacture, sale and taxation of wine, approved March 30, 1937 (Ga. L. 1937, p. 851), as amended, particularly by an Act approved March 24, 1969 (Ga. L. 1969, p. 111), shall not apply to any wine produced pursuant to the provisions of this Act. Section 2. An Act approved March 23, 1935 (Ga. L. 1935, p. 492), as amended, relating to the making of wine, is hereby amended by striking in their entirety sections 1 and 2. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. ENDANGERED WILDLIFE ACT OF 1973. No. 599 (House Bill No. 972). An Act to provide for the protection of rare specimens of animal life within this State; to provide a short title; to define certain terms; to provide for rules and regulations; 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:

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Section 1. Short title. This Act shall be known and may be cited as the Endangered Wildlife Act of 1973. Section 2. Definitions. Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows: (a) Protected species means a species of animal life which the Department of Natural Resources shall have designated as such and shall have made subject to the protection of this Act. (b) Person means any natural person, firm, corporation, partnership, proprietorship, or other legal entity. (c) Department means the Department of Natural Resources. Section 3. Powers and duties of the Department of Natural Resources. (a) The Department of Natural Resources shall identify and inventory, within two years after the effective date of this Act, any species of animal life within this State which it may determine to be rare, unusual or in danger of extinction, and upon such determination, such species shall be designated protected species and shall become subject to the protection of this Act. (b) The Department shall, from time to time, designate additional animal life as protected species, and such species shall become subject to the protection of this Act. (c) The Department shall issue such rules and regulations as it may deem necessary for the protection of such protected species and for the enforcement of the provisions of this Act. Such rules and regulations shall not affect rights in private property, nor public or private streams, nor impede construction of any nature. Such rules and regulations shall be limited to the regulation of the capture, killing, or selling of protected species, and the protection of the habitat of said species on public lands. (d) The Department may delegate the powers and duties

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which this Act grants to it to any official or officials of the Department of Natural Resources. Section 4. Penalty. Any person violating any rule or regulation promulgated by the Department of Natural Resources pursuant to the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 5. Effective date. This Act shall become effective April 1, 1973. Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. REVENUEACT AMENDED EXEMPTING CERTAIN PROPERTY FROM TAXATIONCATTLE PRODUCTION DEFINED. No. 607 (House Bill No. 994). An Act to amend an Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. L. 1946, p. 12), as amended by an Act approved March 27, 1947 (Ga. L. 1947, p. 1183), an Act approved February 23, 1955 (Ga. L. 1955, p. 262) and an Act approved March 12, 1965 (Ga. L. 1965, p. 182), so as to define the word production as applied to cattle; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the exemption of property from taxation, approved January 31, 1946 (Ga. L. 1946, p. 12), as amended by an Act approved March 27, 1947 (Ga. L. 1947, p. 1183), an Act approved February 23, 1955 (Ga. L. 1955, p. 262) and an Act approved March 12, 1965 (Ga. L.

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1965, p. 182), is hereby amended by adding a new sentence at the end of subsection (a) of section 1, to read as follows: The word `production' as applied to brood cows shall mean a period of nine months from the time that such brood cows are able to conceive at age twelve months rather than when said brood cows are born. Defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. VITAL AREAS ACT OF 1973. No. 609 (House Bill No. 1000). An Act to create the Vital Areas Council; to provide for the members of the Council; to designate areas of study for the Council; to provide for the powers, duties and responsibilities of the Council; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Vital Areas Act of 1973. Section 2. Declaration of Policy. The General Assembly finds and declares that there are areas in this State which preservation and orderly development are of vital concern to all citizens of the State because of the substantial public investment which created them or their character as natural resources. The General Assembly further declares that the primary role in the planning and regulation of these areas to ensure their preservation and orderly development should be the responsibility of the local governments within the jurisdiction in which these areas lie.

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The General Assembly further declares that the State and local governments should establish policy and standards for the planning and regulation of these areas. The General Assembly therefore declares that the purpose of this Act shall be to establish a Vital Areas Council to recommend specific vital areas in the State and to provide recommendations for a system of local and State partnership to ensure that the development and conservation of the areas of the State of vital concern shall balance a desire for economic gain with a need for natural resource preservation and public health protection that is essential to the health, welfare, and public interest of the State. Section 3. Creation and appointment of the Vital Areas Council. There is hereby created the Vital Areas Council which shall be composed of fifteen members appointed as follows: (1) Three members shall be appointed by the Governor of the State; (2) Three members shall be appointed by the Lieutenant Governor of the State; (3) Three members shall be appointed by the Speaker of the House; (4) Three members shall be appointed by the members of the Georgia House of Representatives and the Georgia Senate whose districts lie wholly or partially within the counties of Bryan, Camden, Chatham, Glynn, Liberty and McIntosh; (5) Three members shall be appointed by the members of the Georgia House of Representatives and the Georgia Senate whose districts lie wholly or partially within the counties of Rabun, Habersham, Towns, White, Union, Lumpkin, Fannin, Gilmer, Pickens, Stephens, and Dawson. Members appointed may include private citizens, local elected officials, and representatives of organizations and

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groups. No member of the Georgia General Assembly shall be appointed to this Council. The members of the Council shall receive no compensation for their services on the Council, but shall be reimbursed for their actual expenses incurred while discharging their duties which have been imposed by this Act. The Council shall be abolished on June 30, 1974. Section 4. General Regions of Vital State Concern. The following general geographic regions are designated for study by the Vital Areas Council: (a) Costal ZoneGenerally the region within the counties of Bryan, Camden, Chatham, Glynn, Liberty, and McIntosh. (b) MountainsGenerally the region within the counties of Dawson, Fannin, Gilmer, Habersham, Lumpkin, Pickens, Rabun, Towns, Union, Stephens, and White. (c) Rivers and StreamsThe following rivers and streams: AlapahaFrom the Crisp County-Wilcox County line to the Georgia-Florida boundary line. AltamahaFrom the confluence of the Oconee and the Ocmulgee to the Intracoastal Waterway. ChattahoocheeFrom the Union County-White County line to the Jim Woodruff Dam. FlintFrom Georgia Highway 85 to the Jim Woodruff Dam. DogFrom the Carroll County-Douglas County line to its confluence with the Chattahoochee. ChattoogaFrom the North Carolina-South Carolina-Georgia boundary line to Tugaloo Dam. ChestateeFrom the Forest Service Proclamation Boundary to Buford Dam.

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EtowahFrom the Forest Service Proclamation Boundary to the Rome city limits. OcmulgeeFrom the Jackson Lake Dam to its confluence with the Oconee. OconeeFrom the Oconee County-Oglethorpe County-Greene County line to its confluence with the Ocmulgee. Saint Mary'sFrom the Okefenokee National Refuge Boundary to the Intracoastal Waterway. SuwaneeFrom the Okefenokee National Refuge Boundary to the Georgia-Florida boundary line. SweetwaterFrom the Cobb County-Douglas County line to its confluence with the Chattahoochee. (d) Heritage SitesThose areas designated by the Georgia Heritage Trust Advisory Commission created by execution order, dated July 21, 1972. (e) Major Highways and InterchangesThe interstate highway system, as created, defined and established in Title 23 U.S.C.; major regional parkways, as created, defined and established in Title 23 U.S.C.; tollways, as created, defined and established in Ga. L. 1972, p. 179 (Act No. 861), and interchanges of the interstate highway system, major regional parkways and tollways. (f) AirportsThe areas around the approach and departure runways of those airports defined and established by the Federal Department of Transportation, Federal Aviation Administration Advisory Circular Number 150/5090-2 (25 June 1971) to be in the secondary category of the U. S. Airport System. Section 5. Public Hearings. The Vital Areas Council, established above, shall designate specific areas of vital State concern within the regions generally described in section 4 above. The Council shall hold a public hearing within the boundaries of each Area Planning and Development Commission

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on the designation of the specific areas of State vital concern, notice of which public hearing shall be given in writing to each unit of local government affected and published in the newspaper in which the sheriff's advertisements for the locality or localities affected are published; provided, however, that the publication of such notices shall be in the two newspapers having the largest daily circulation in the locality if such locality is within a 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 such census. The Vital Areas Council shall submit a report of the designated vital areas within the regions described in section 4 to the 1974 Session of the General Assembly. Section 6. Development of Recommended Standards for Conservation, Preservation and the Orderly Development of Proposed Vital Areas. The Vital Areas Council shall recommend standards for the protection and orderly development of areas of vital State concern. The Vital Areas Council shall report to the 1974 Session of the General Assembly of the State of Georgia such recommended standards. 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 17, 1973. TRUSTEESPROCEDURE PROVIDED FOR RESIGNING TRUST, ETC. No. 615 (House Bill No. 1017). An Act to provide for the procedure by which a trustee may resign his trust; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Any trustee who has accepted his trust may resign said trust upon filing his application to the Superior Court wherein is located the major portion of the trust res or the Superior Court of the residence of the trustee or of one or more income beneficiaries of the trust, and showing to the satisfaction of such court that Procedures. (a) Said trustee is unable to continue serving as such trustee due to age, illness, infirmity or similar reason; or (b) Greater burdens have devolved upon the office of trustee than those which were originally contemplated or should have been contemplated when the trust was accepted; and the assumption of such additional burdens would work a hardship upon the trustee; or (c) Disagreement exists between one or more of the beneficiaries of the trust and the trustee in respect to the trustee's management of the trust, which disagreement and conflict appears deleterious to the best interests of the trust; or (d) Where the resignation of said trustee will result in or permit substantial financial benefit to the trust; or (e) Where said resigning trustee is one of two or more acting trustees, and the co-trustee or co-trustees will continue in office, with no adversity to the trust contemplated; and (f) In each of the above situations (subparagraphs (a) through (e)) the Will or the trust instrument evidences no clear intent that the trustee should not be permitted to resign under the circumstances stated. Section 2. In addition to the foregoing any trustee may petition such Superior Court (as provided in section 1 of this Act) for permission to resign his trust, and said Superior Court may permit same and accept his resignation if, after hearing evidence thereof, the court determines that it

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would not be disadvantageous to the trust and that a suitable successor trustee is available who will accept said trust. Section 3. Upon any application of a trustee to resign his trust, the petition shall be served upon all persons who are or may be beneficiaries of trust income and upon all persons holding vested remainder interests, and a rule nisi shall issue directing said beneficiaries to show cause why the resignation should not be accepted; and if no good cause is shown and the court is satisfied that the interest of the trust estate will not suffer, the resignation shall be allowed and the trustee shall be discharged from his trust when he has fairly settled his accounts with his successor trustee and filed with the court the receipt of such successor or his acknowledgement of the undertaking of such trust; provided, however, that the Superior Court shall have authority, in its discretion, to accept jurisdiction of such resignation petition and to order such resignation upon the service of the petition upon a majority of such income beneficiaries and a majority of beneficiaries holding vested remainder interests if it appears to the court that it will be to the advantage of the trust estate not to require full service upon all such beneficiaries; and provided, further, that the court shall have authority to order any other or additional service when, in the discretion of the court, the circumstances of the case so require. Minors in interest shall be allowed three years from the time of their arrival at majority to examine into and open such settlement. Service. Section 4. Anything in the foregoing to the contrary notwithstanding, any trustee may resign his trust and the court shall accept same upon the written request of all adult beneficiaries then entitled to receive income from the trust, and of a majority of beneficiaries who at the time the request is filed hold vested remainder interests provided that a suitable successor trustee is named and willing to undertake said trust. Section 5. The resignation of the trustee shall not relieve such trustee from accounting and from liability for his actions up to the time of his resignation. Accounting.

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Section 6. In all cases of resignation of a trustee the Superior Court may mold its decree and accept the said resignation and discharge said trustee from future duties and responsibilities upon such terms as the court deems proper. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. CHEROKEE JUDICIAL CIRCUITCOURT REPORTER PLACED ON SALARY, ETC. No. 668 (House Bill No. 1219). An Act to provide for an annual salary for the court reporter of the Cherokee Judicial Circuit; to provide for the compensation of a secretary for the court reporter; 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. The court reporter of the Cherokee Judicial Circuit shall receive an annual salary, for his services as such, of $10,000, payable in equal monthly installments as hereinafter provided. The secretary to the court reporter of said circuit shall receive a salary of $350 per month, payable as hereinafter provided. Salary. Section 2. The compensation for the court reporter and the secretary, provided for above, shall be paid from the counties comprising said circuit, in the same proportion that each county's population bears to the total population of the Cherokee Judicial Circuit.

Page 943

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the court reporter and the secretary of the court reporter of the Cherokee Judicial Circuit; to repeal conflicting laws; and for other purposes. This 19 day of February, 1973. Joe Frank Harris Representative, 8th District Tom L. Shanahan Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Tribune which is the official organ of Bartow County, on the following dates: February 22, March 1, 8, 1973. /s/ Tom L. Shanahan Representative, 7th District

Page 944

Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the court reporter and the secretary of the court reporter of the Cherokee Judicial Circuit; to repeal conflicting laws; and for other purposes. This 19th day of February, 1973. J. Beverly Langford Senator, 51st District Tom L. Shanahan Representative, 7th District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times which is the official organ of Gordon County, on the following dates: February 21, 28, March 7, 1973. /s/ Tom L. Shanahan Representative, 7th District

Page 945

Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. GEORGIA PORTS AUTHORITY ACT AMENDEDMEMBERSHIP CHANGED. No. 677 (Senate Bill No. 72). An Act to amend an Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by an Act approved February 1, 1955 (Ga. L. 1955, p. 120), as amended by an Act approved February 29, 1960 (Ga. L. 1960, p. 150), and as amended by an Act approved March 14, 1966 (Ga. L. 1966, p. 457), so as to change the membership comprising said Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by an Act approved February 1, 1955 (Ga. L. 1955, p. 120), as amended by an Act approved February 29, 1960 (Ga. L. 1960, p. 150), and as amended by an Act approved March 14, 1966 (Ga. L. 1966, p. 457), is hereby amended by striking the words, The Authority shall consist of seven members to be appointed by the Governor, one of whom shall be a resident of the First Congressional District as it is now constituted, and another from the Eighth Congressional District as it is now constituted, and five other members shall be selected from the State at large. from Section 2 and inserting in lieu thereof the words:

Page 946

The Authority shall consist of seven members to be appointed by the Governor from the State at large. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. CHILDREN AND YOUTH ACT AMENDEDCERTAIN FINANCIAL AID PROVIDING FOR CERTAIN FAMILIES ADOPTING CERTAIN CHILDREN. No. 678 (Senate Bill No. 177). An Act to amend an Act known as the Children and Youth Act approved March 14, 1963 (Ga. L. 1963, p. 81), so as to provide that the Department of Human Resources may provide financial assistance to families adopting children who would otherwise remain in foster care at state expense; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 11 of an Act known as the Children and Youth Act approved March 14, 1963 (Ga. L. 1963, p. 81), relating to the duties of the Division of Children and Youth (now Department of Human Resources) is hereby amended by adding a new subsection to be numbered (6) and to read as follows: (6) Provide financial assistance after the consumation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed seventy-five percent (75%) of the amount paid for boarding such child and for

Page 947

special services, such as medical care, not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The Department may review the supplements paid at any time, but at least annually to determine the need for continued assistance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon the signing by the Governor or upon its becoming law without his signature. Effective date. Approved April 18, 1973. GEORGIA CODE OF PUBLIC TRANSPORTATION. Title 95A Amended. No. 679 (Senate Bill No. 140). An Act to revise, classify, consolidate, and repeal Title 95, Code of Georgia of 1933, as amended, and other laws relating to all public roads, bridges and ferries and other modes of transporation in the State, and to establish new laws relating thereto; to provide for the administration, financing, construction, maintenance, and operation of an adequate and integrated system of public roads and other modes of transportation in Georgia so that the safety, convenience and interests of the various modes of public transportation and the public will be promoted and served; to provide a new Code of Public Transportation, Title 95A, composed as follows: Chapter 95A-1, Title, Purpose, Legislative Intent, Construction and Definitions; Chapter 95A-2, Classification and Designation, Long-Range Plans, providing for three jurisdictional classifications of public roads: State Highway System; County Road System; Municipal Street System, providing the procedure by

Page 948

which these systems are designated, providing a system of functional characteristics for the State Highway System, providing that the Department of Transportation shall prepare maps of the State Highway System and the County Road System, providing that the Department shall keep written records of the mileage on the State Highway System and on each County Road System, providing for the promulgation by the Department of reasonable rules and regulations for keeping these records, providing a procedure whereby a county may request an official measurement by the Department of its County Road System, providing what shall constitute the official record of the State Highway System, providing what shall constitute the official record of a county road system, providing that the Department shall develop a comprehensive, statewide, twenty-year transportation plan, providing for public hearings on transportation plans, providing for the State Transportation Board's approval or disapproval of such plan; Chapter 95A-3, Administration of the State Highway System, providing for the composition of the Department of Transportation, providing for the powers and duties of the Department, providing authority for the Department to perform all acts necessary and proper for, or incidental to, the efficient operation and development of the Department, of the State Highway System, and other modes of transportation, providing authority for the Department to adopt rules, regulations and procedures in exercising its powers, providing that the Department may be sued or may institute a law suit, providing for the liability of the Department in certain suits against counties, providing for the composition, qualifications, selection, term of office, procedure for filling vacancies, compensation, frequency of meetings and general organization of the State Transportation Board, providing for the powers and duties of said Board, providing for the selection, term of office, amount of bond, limitations and removal of the Commissioner of the Department of Transportation, providing for the power and duties of the Commissioner, providing that certain of the duties and powers of the State Board of Transportation may be exercised by the Commissioner when the Board is not in session, providing for a Deputy Commissioner, a State Highway

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Engineer, a Treasurer and an Assistant Treasurer of the Department; Chapter 95A-4, County Road Administration, providing for the powers and duties of a county in maintaining an adequate county road system; providing authority for the county to perform all acts necessary and proper for, or incidental to, the efficient operation and development of a county road system, providing authority for the county to adopt rules and regulations in exercising its powers; Chapter 95A-5, Municipal Street Administration, providing for acquisition by municipalities of State Highway System rights-of-way, providing for the responsibility of a municipality with respect to its street system, providing for the powers of a municipality in maintaining an adequate municiapl street system, providing authority to adopt rules and regulations in exercising its powers, providing authority for a municipality to perform all acts necessary and proper for, or incidental to, the efficient operation and development of its municipal street system, providing for liability for defects in the municipal street system; Chapter 95A-6, Property Acquisition and Disposition, providing authority for the State, a county, or a municipality to acquire property for public road purposes, providing the procedures for acquisition of property for public road purposes, providing for condemnation by the State, a county, or a municipality for public road purposes, providing for a proceeding in rem, providing for the protection of the rights of interested persons, providing for the contents of the petition to condemn, providing for the vesting of title to condemned property in the condemnor by the filing of a declaration of taking and by the depositing of the estimated compensation into courts, providing a procedure for service of the petition and notice to tax collecting authorities and to the public, providing that matters of service should not delay work, providing for the issuance of a rule nisi, providing for an order by the court that the money deposited be paid, providing that the declaration of taking is self-executing and if no appeal is filed by condemnee then sum deposited is to be paid and entry of judgment is to be made in favor of condemnee for amount deposited, providing for the filling of a notice of appeal with the court, providing for interlocutory hearings, bond and reference to special master, providing that

Page 950

interlocutory rulings are not reviewable by higher court, providing for the issue to be tried by a jury, providing for further review of jury findings, providing for the right of intervention for persons claiming an interest in the property, providing that the issue in such intervention shall be reduced to the sole question of just and adequate compensation, providing that the presiding judge shall rule upon questions of law, providing that neither appeal nor bond shall prevent the vesting of title in the condemnor, providing the scope of the verdict, providing for the moulding of the decree, providing for the entering of final judgment, providing for the payment of interest, providing that Chapters 36-2 to 36-6 and 36-11 of the Code of Georgia of 1933, and an Act of the General Assembly approved March 13, 1957, p. 387 (Ga. Code Ann. ch. 36-6A), are not repealed and that the provisions of Chapter 95A-6 are cumulative, providing the authority for the Department, a county or a municipality to substitute, relocate or abandon public roads, providing the procedure for abandonment, providing the authority to dispose of property no longer needed, providing the procedure for disposition of property with an option to the owner at the time of acquisition or his successor in interest, providing authority to improve, use, maintain, or lease property not presently needed for public road purposes, providing for administration of relocation assistance for persons displaced by federal-aid highway projects in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 91st Congress, 2nd Session), providing that federal law is to govern in case of conflict and providing authority for the Department to take the necessary steps to secure full benefit of federal-aid programs; Chapter 95A-7, Finance, providing that the Director of the Fiscal Division of the Department of Administration is the proper authority to receive federal funds, providing for waiver by the Department of any provisions of Chapter 95A-7 inconsistent with federal laws, rules or regulations, providing for the appropriation of federal funds, providing the definition of State Public Transportation Fund, providing for the priorities of the State Public Transportation Fund expenditures, providing for specific expenditures from the State

Page 951

Public Transportation Fund; providing the limitations on expenditures from the State Public Transportation Fund, providing for the procurement of rights-of-way for the State Highway System, providing for reimbursement to counties and municipalities for rights-of-way where construction not begun within seven years; Chapter 95A-8, Contracts, Part I, Department of Transportation, providing the Department with authority to contract, providing the form and content of the contract, providing limitations on the authority to contract, providing authority for political subdivisions to negotiate contracts with the Department, providing for Board approval of contracts, providing that the Commissioner has authority to execute any Department contract, providing that Department road work contracts shall be let by public bid unless specifically excepted by the provisions of Chapter 95A-8, providing for advertisement for bids on road work contracts, providing for the prequalification of bidders, providing that the Department may charge for proposal forms, providing for the form and amount of a proposal guaranty and the conditions upon which it will be returned, providing for the awarding of the contract, providing for the requirement of performance and payment bonds, providing that the proposal guaranty becomes property of Department upon failure of a successful bidder to execute contract or furnish bonds, providing the requirements of a contractor's oath, providing for supplemental and extension agreements, providing that federal law governs in case of conflict and that Department is to secure benefits of federal programs; Part II, Counties, providing the definition of contract, providing the county with authority to contract, providing for the form and content of the contract, providing authority to enter into intergovernmental contracts for public road work, providing the limitations on a county's authority to negotiate a contract, providing that except as authorized in Chapter 95A-8, all county contracts shall be let by public bid, providing for advertisement for bids on road work contracts, providing that a county may charge for proposal forms, providing for the form and amount of a proposal guaranty and the conditions upon which it will be returned, providing the procedure for the awarding of the contract, providing the requirement of

Page 952

performance and payment bonds, providing that a county may require a bridge repair bond, providing for liability of a county which fails to take a payment bond or a bridge repair bond, providing that if a successful bidder fails to execute the contract or furnish required bonds, his proposal guaranty is forfeited to the county, providing the requirement of a contractor's oath, providing for the applicability of Chapter 23-17 of the Code of Georgia of 1933; Part III, Municipalities, providing the definition of contract, providing a municipality with the authority to contract, providing the form and content of a contract, providing the authority for intergovernmental contracts for public road work, providing the limitations on a municipality's authority to negotiate a contract, providing that municipal contracts shall be let by bid unless the provisions of Chapter 95A-8 specifically provide otherwise, providing for advertisement for bids on construction contracts, providing that the municipality may charge for proposal forms, providing the amount and form of the proposal guaranty and the conditions upon which it will be returned, providing the procedure for the awarding of the contract, providing the requirement of performance and payment bonds, providing for the liability of a municipality when it fails to take payment bond, providing that when the successful bidder fails to execute the contract or furnish required bonds, his proposal guaranty is forfeited, providing for the contractor's oath, providing for the applicability of Chapter 23-17 of the Georgia Code of 1933; Chapter 95A-9, Regulation of Public Roads, providing in Article I for issuance by the Department of uniform regulations governing the erection and maintenance of uniform signs, signals, markings, and other traffic-control devices for public roads and all railroad crossings at grade, providing for obedience of traffic-control device, providing that removing, defacing or damaging such device is unlawful, providing for the prohibition of certain signs, devices and structures and authorizing their removal as a public nuisance, providing in Article II that the obstruction of, encroachment on, solicitation on, or material injury to any part of a public road is unlawful, providing authority for the Department, counties and municipalities, to regulate parking and making it unlawful to park on

Page 953

State Highway System for over 48 hours, providing in Article III for the Control of junkyards, providing definitions, providing limitations on junkyards, providing for the screening of existing junkyards, providing authority for the Department to promulgate regulations governing junkyards, providing for the acquisition and removal of existing junkyards, providing that an unlawful junkyard is a public and private nuisance and authorizing its removal, providing authority for the Department to enter into intergovernmental contracts concerning junkyards, providing that the violation of any provision of Article III or regulation pursuant thereto is unlawful and each day's presence of an offending junkyard is a separate offense, and providing that a more restrictive law concerning junkyards is not affected by this Act, providing in Article IV for the control of outdoor advertising, providing for the declaration of legislative intent, providing for definitions, limitations on outdoor advertising devices, providing for restrictions on outdoor advertising in commercial or industrial areas, providing for restrictions on directional signs, providing for exceptions to spacing limitations, providing for restrictions on public service signs, providing for authority of Department to issue regulations, providing for the necessity of a permit for outdoor advertising, providing for procedures in applying for such permits, providing authority for the Department to acquire and pay for certain advertising devices, providing conditions for such compensation, providing eminent domain authority in acquisition procedures, providing that any acquisition and payment is contingent on matching federal funds, providing that it is an offense to erect or maintain a sign without a permit, providing a penalty therefor, providing that such erection or maintenance is an enjoinable public nuisance, providing that it is an enjoinable nuisance to maintain a sign not lawfully in existence on October 6, 1971, providing authority to enter private land for the removal of advertising devices, providing authority for more restrictive local laws, providing for dissemination of information to the public, providing authority to contract with the United States Department of Transportation, providing in Article V for limited-access roads, providing definitions, providing the Department, counties and municipalities

Page 954

with the authority to establish limited-access roads, providing for the design of a limited-access road, providing for the acquisition of lands and land rights for limited-access facilities and service roads, providing for designation of limited-access roads, providing for the development of local service roads, and providing that the powers of other State agencies are not infringed by this Article, providing in Article VI for the control of commercial driveways, providing the definition of commercial driveway, providing that the construction, reconstruction, alteration or improvement of a commercial driveway is unlawful if a permit is not obtained from the Department, providing that the Department may barricade, displace, or close such drive at the violator's expense, providing for the changing or closing of unsafe existing commercial driveways, providing the authority for the Department to collect expenses of altering driveways and the authority for the Department to close, barricade or change a commercial driveway, providing the authority for the Department to promulgate regulations to effectuate the purposes of this Article, and providing that nothing in this Article is intended to limit counties and municipalities in the regulation of public roads under their exclusive jurisdiction, providing in Article VII for the control of subdivision entrances to State Highways, providing the definition of subdivision, providing that Department shall recommend approval or rejection of plats submitted to a planning commission, providing for Department approval or rejection of development plans where no local planning commission exists, providing the basis of Department recommendations and requirements, and providing that the requirement of obtaining a commercial driveway permit is not affected; providing in Article VIII for the regulation of the load and dimension of vehicles using the public roads of the State, providing for general limitations as to such dimensions and loads, providing for exemptions to such limitations, providing for the securing of loads on vehicles, providing for the maximum height of vehicles, providing for the maximum width of vehicles, providing for the maximum length of vehicles, and exceptions thereto, providing for the maximum gross and axle weights of vehicles, providing for enforcement of such load limitations

Page 955

through the administration collection of monies as liquidated damages to the roads, providing for the issuance of permits for vehicles to exceed the maximum limits of dimension or weight, providing for police powers of the Department of Transportation, providing general authority of law enforcement officers to stop, inspect, and weigh vehicles, providing penalties for failure to stop or to be weighed or inspected; Chapter 95A-10, Utilities and Railroads, providing in Article I for utilities, providing for the payment by the Department of costs for the removal and relocation of government-owned utilities, providing the procedure for the removal and relocation of utilities by the Department, providing authority for the Department to assist a relocated utility in obtaining a replacement right-of-way, providing for the payment of removal and relocation expenses by the utility, and providing the authority for the Department to promulgate regulations, providing in Article II for railroads, providing for the maintenance of grade crossings, providing for the responsibility for the construction of new grade crossings, providing the authority of the Department, a county or a municipality to eliminate grade crossings, providing the procedure for grade crossing elimination, providing for the division of costs in a grade crossing elimination project, providing for the responsibility for the maintenance of an overpass or underpass, providing for grade crossing elimination by special agreement, providing for improvement of unsafe or inadequate underpass or overpass by the Department, a county, or a municipality, providing for authority for the Department, a county, or municipality to order the installation of protective devices and providing for the division of the costs of acquisition and installation, providing the Department, a county, or a municipality with the authority to prevent a grade crossing by using an underpass or overpass, providing the Department, a county, municipality, or railroad the authority to regulate pedestrian, vehicular and railroad traffic when necessary to perform maintenance on grade crossings or separation structures, providing procedures for the enforcement of maintenance duties of the Department, county, municipality, or railroad, providing for judicial review of an order of the Department concerning disputes between

Page 956

the Department and railroads, and providing in Article III for the right to injunctive relief; Chapter 95A-11, Crimes, providing that any conduct made unlawful in Title 95A shall be punishable as a misdemeanor unless otherwise provided, providing that the Department may enjoin any such unlawful act, providing that the construction and maintenance of a private road is unlawful, and providing that it is duty of all State and local law enforcement officers to enforce any provision of Title 95A which states that any act or omission is unlawful; Chapter 95A-12, State Highway and Tollway Authorities, providing in Article I for the Georgia Highway Authority, providing definitions, providing for the continuation of the Authority as a political entity with all its powers heretofore granted not to be impaired or diminished and the rights of holders of bonds not to be impaired or diminished, providing for the membership of the Authority, providing for the powers of the Authority, providing that contracts shall be let by competitive bids, providing for the conveyance of property to the Authority, providing for reimbursing political subdivisions for property used as an urban road, providing for the initiation of projects, surveys, plans, specifications and studies by the Department and for reimbursement for the Department's expenses by the Authority, providing for the leasing of projects to the State and the Department, providing that county road or urban road projects are to become part of the public road system, providing for the cessation of rentals, providing for the payment of rentals and the enforcement of covenants, providing for the creation of the Authority fund, providing for issuance of bonds by the Authority, providing the sale price and interest rate of bonds, providing the form, denominations, registration and place of payment of such bonds, providing for the signatures and seal on the bonds, providing for the negotiability of bonds and their exemption from taxation, providing for the use of the proceeds, providing for the issuance of interim receipts and certificates or temporary bonds, providing for the replacement of lost or mutilated bonds, providing that no condition precedent is necessary to issue bonds, providing the permissible objects of issuance, providing that the bonds are not a debt of the State nor is

Page 957

the credit of the State pledged, providing for security, designating to whom the proceeds of the bonds are paid, providing for the pledging of revenues by the Authority, providing the remedies of the bondholders, providing for the issuance of refunding bonds, providing that the bonds are legal investments and are security for deposits, providing for exemption from taxation by virtue of a State covenant, providing that all actions concerning bonds shall be brought in the Superior Court of Fulton County, Georgia, providing the procedure for confirming and validating the bonds, providing the procedure for a declaratory adjudication of the validity of lease contracts, providing for protection of a bondholder's interest, providing that all monies received are held as trust funds, providing that the powers of the Authority are supplemental and additional to powers conferred by other laws, and providing for the liberal construction of the Article, providing in Article II for the State Tollway Authority, providing definitions, providing for the continuation of the Authority as a political entity, providing for the membership of the Authority, providing for the powers of the Authority, providing that all construction contracts be let by competitive bids, providing for joint meetings of the Authority and the State Transportation Board to initiate projects and authorizing the Authority to reimburse Board for expenses of such projects, providing the power to convey the State's highway rights-of-way to the Authority, providing for the exercise of toll powers, providing for the cessation of tolls and conveyance of projects to the Department, providing the funds which are to constitute the Authority fund and how the fund may be used, providing the duty to prescribe rules and regulations for the operation of the projects, providing for the issuance of negotiable revenue bonds, providing the sale price and interest rate of such bonds, providing for the form, denominations, the registration and place of payment of bonds, providing for the signature and seal to appear on the bonds, providing for the negotiability and exemption from taxation of the bonds, providing for the use of the proceeds of the bonds, providing for the issuance of interim receipts, interim certificates or temporary bonds, providing for the replacement of lost or mutilated bonds, providing that no

Page 958

conditions precedent is necessary to issue bonds, providing the permissible objects of issuance, providing that the issuance of bonds does not constitute a debt of the State, nor a pledge of the faith and credit of the State, providing that bonds may be secured by trust indenture, designating to whom proceeds of bonds are paid, providing for the pledging of revenue by the Authority and for the creation of a sinking fund for this purpose, providing the remedies of the bondholders, and that the taxing power of the State is not affected, providing for the issuance of revenue refunding bonds, providing that the bonds are legal investments and are also securities which may be deposited, providing for the exemption of the Authority and its bonds from taxation by virtue of a State covenant, providing that all actions concerning bonds shall be brought in the Superior Court of Fulton County, Georgia, providing for the confirmation and validation of the bonds, providing for the protection of the bondholder's interest, providing that all monies received by the Authority are held as trust funds, providing the authority to fix and collect tolls and designating the use of funds collected, providing that the powers authorized in Article II are supplemental and additional to powers conferred by other laws, providing for a liberal construction of this Article, to provide for the specific repeal of certain code sections and statutes, and amendments thereto, as indicated in Section 2 hereof; to provide for severability; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: SECTION 1. The following Code Title 95A shall constitute the Georgia Code of Public Transportation:

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CHAPTER 95A. TITLE, PURPOSE, LEGISLATIVE INTENT, CONSTRUCTION, DEFINITIONS. Section 95A-101. Short Title. Section 95A-102. Purpose and legislative intent. Section 95A-103. Construction. Section 95A-104. Definitions. CHAPTER 95A-1. TITLE, PURPOSE, LEGISLATIVE INTENT, CONSTRUCTION, DEFINITIONS. Section 95A-101. Short title. This Act shall be known as the Georgia Code of Public Transportation. Section 95A-102. Purpose and legislative intent. The purpose of this Act is to provide a code of statutes for the public road and other transportation facilities of the State, the counties, and municipalities of Georgia. The legislative intent is to provide an effective legal basis for the organization, administration and operation of an efficient, modern system of public roads and other modes of transportation. Section 95A-103. Construction. This Act shall be construed liberally to effectuate its purposes. Section 95A-104. Definitions. The following words and phrases, wherever used in this Title, shall have the meaning as in this Chapter ascribed to them unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the Chapter of which they are a part. Abandon: By official action as required by Chapter 95A-6, to close permanently to public travel or to relinquish jurisdiction thereof a pre-existing public road, thereby foreclosing the duty of future maintenance thereon. Board: The State Transportation Board. Borrow Pit: Land from which dirt, gravel, rock or related material will be excavated and used for a public road

Page 960

purpose. It shall not be construed as being required to be immediately adjacent or contiguous to the road or project under construction, repair, or reconstruction. Bridge: A structure, including the approaches thereto, erected in order: (1) to afford unrestricted vehicular passage over any obstruction in any public road, including, but not limited to rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals; or (2) to afford unrestricted vehicular passage under or over existing railroads and public roads. Commissioner: The Commissioner of the Department of Transportation. Construction: The planning, location, surveying, supervising, inspecting, and actual building of a new road; or, the paving, grading, widening, relocation, reconstruction or other major improvement of a substantial portion of an existing public road together with all activities incident to any of the foregoing. County: Either one of the several counties or any division, department, agency, authority, instrumentality, or branch thereof; or the county governing authority, which shall mean the Ordinary, Board of County Commissioners, County Commissioner, or other county officers having in charge the roads, bridges and revenues of the county. Dedication: The donation by the owner, either expressly or impliedly, and acceptance by the public of property for public road purposes, in accordance with statutory or common law provisions. Department: The Department of Transportation. Director of the Fiscal Division of the Department of Administrative Services:

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The described official if the voters at the 1972 general election approve the amendment to the Constitution of Georgia, eliminating the State Treasurer as an elected Constitutional officer. (S.R. No. 313; Ga. L. 1972, p. 1545); if such an amendment is disapproved by the voters the term Director of the Fiscal Division of the Department of Administrative Services whenever used in this Title shall mean the State Treasurer. Federal-aid systems: Those public roads in Georgia comprised of the Interstate and National Defense System, the federal-aid primary system, the federal-aid secondary system, and the federal-aid urban system as those terms are defined in Title 23, section 103, United State Code. Grade crossing: A crossing at grade of a public road intersecting a track or tracks of a railroad. Grade separation structure: An underpass or overpass, as defined herein. Let: To award a contract to one of several persons who have submitted competitive bids therefor in response to advertisement. Limited-access road: A public highway, road, or street for through traffic, and over, from or to which owners or occupants of abutting land, or other persons, have no right or easement or only a limited right or easement of access, light, view, or air by reason of the fact that their property abuts upon such limited-access highway, road or street or for any other reason. Maintenance: The preservation, including repairs and resurfacing not amounting to construction as herein defined, of a public road. Municipality: A municipality which is incorporated and the governing body of which holds at least six regular meetings within each year and which for a period of one year has levied and collected an ad valorem tax on the real property in said municipality or shall have for said one-year period

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performed at least two of the following municipal activities and sevices: (1) Furnished water service; (2) Furnished sewage service; (3) Furnished garbage collection; (4) Furnished police protection; (5) Furnished fire protection; (6) Assessed and collected business licenses; (7) Furnished municipal street lighting facilities, or any division, department, agency, authority, instrumentality, or branch of the foregoing. Where the context requires or otherwise indicates the term municipality may also mean the municipal governing authority, which shall mean the mayor and council, board of alderman, board of commissioners, or other chief legislative body of a municipality. Negotiated contract: A contract made without formal advertising for competitive bids. Overpass: A bridge, including the approaches thereto and all appurtenances thereof, for carrying public road traffic over a railroad or another public road or for providing pedestrian walkways over a public road. Person: Any individual, partnership, corporation, association or private organization of any character. Private road: A privately-owned road or way, including any bridge thereon, which is only open for the benefit of one or more individuals and not for the general public, or a road which lies on privately-owned land. Proposal guaranty: Acceptable surety furnished by a bidder as a guaranty that he will enter into a contract and will furnish contract performance and payment bonds if a contract is awarded to him.

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Protective devices: Gates, flashing light signals, and similar devices or combinations thereof, together with necessary appurtenances, to be installed or in operation at any grade crossing and which comply with the safety standards determined by the Department as being adequate at that time for the protection of traffic. Public road: The highway, road, street, avenue, drive, detour, or other way open to the public and intended or used for its enjoyment and for the passage of vehicles in any county or municipality of the State of Georgia, including but not limited to the following public rights, structures, sidewalks, facilities and appurtenances incident to the construction, maintenance and enjoyment of such rights-of-way: surface, shoulders and sides; bridges; causeways; viaducts; ferries; overpasses; underpasses; railroad grade crossings; tunnels; signs, signals, markings or other traffic control devices; buildings for public equipment and personnel used for or engaged in administration construction or maintenance of such ways or research pertaining thereto; wayside parks; parking facilities; drainage ditches; canals, culverts; rest areas; truck-weighing stations or check points; scenic easements and easements of light, air, view and access. Right-of-Way: A general term denoting land, property, or interest therein, usually but not required to be in a strip, acquired for or devoted to a public road. Scenic easement: A servitude devised to permit land to remain in private ownership for its normal agricultural, residential or other use consistent with public road purposes, but at the same time placing a control over the future uses of the area to maintain its scenic, landscape, sightly or safety values for the public road which the land adjoins. State Agency: Any division, department, instrumentality, branch or other body of the State to which State governmental functions have been delegated.

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Subcontract: A contract by which one agrees with a party to another contract to perform all or a part of such other contract. Underpass: A bridge, including the approaches thereto and all appurtenances thereof, for carrying a railroad or another public road over a public road or for providing a pedestrian walkway underneath a public road. Utility: Any publicly-, privately-, or cooperatively-owned line, facility, or system for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including publicly-owned fire and police and 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 owning or managing a utility as heretofore defined. Vehicle: A device in, upon, or by which any person or property is or may be transported or drawn upon a public road. CHAPTER 95A-2. CLASSIFICATION AND DESIGNATION; PLANNING. Section 95A-201. Jurisdictional classification of public roads. (a) State Highway System. (b) County road systems. (c) Municipal street systems. Section 95A-202. Designation of the State Highway System. (a) Designation procedures.

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(b) Functional characteristics. Section 95A-203. Designation of county road systems. Section 95A-204. Official records of public road systems. (a) Department to prepare maps of State and county systems. (b) Department to keep written records of State and county systems. (c) Rules and regulations for keeping records. (d) Counties may request measurement. (e) Official record of the State Highway System. (f) Official record of a county road system. Section 95A-205. Duty of Department to develop long range transportation plans. Section 95A-201. Jurisdictional classification of public roads. For purposes of jurisdiction and administration, the public roads of Georgia shall be divided and classified in accordance with the three types of classifications provided in this section. (a) State Highway System. The State Highway System shall consist of those public roads which on the effective date of this Title are shown by the records of the Department to be State-aid roads; those public roads thereafter designated by the Department as part of the State Highway System; and all National Interstate and Defense Highways within the State. (b) County road systems. Each county road system shall consist of those public roads within that county, including county roads extending into any municipality within the county, which are shown to be part of that county road system by the Department records on the effective date of

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this Title and any subsequent additions to such county road system made by the county. (c) Municipal street systems. Each municipal street system shall consist of those public roads within the limits of that municipality which are not in any other classification under this section. Section 95A-202. Designation of the State Highway System. (a) Designation procedures. Whenever the Board, or the Commissioner when the Board is not in session, deems it necessary in the public interest to have a new or existing public road designated as part of the State Highway System, whether as additional mileage or as part of a substitution or relocation, the Board by resolution, or the Commissioner, by written notice to the Board, may designate such road to be a part of the State Highway System. If the road proposed to be designated is a part of either a county road system or a municipal street system, the Department shall give written notice to the county or municipality of the effective date that such road shall become part of the State Highway System. Any change on the State Highway System by designation shall be recorded on the official map and in the written records of the State Highway System, as provided for in section 95A-204 (a). (b) Functional characteristics. The State Highway System shall consist of an integrated network of arterials and of other public roads or bypasses serving as the major collectors therefor. No public road shall be designated as a part of the State Highway System unless it meets at least one of the following requirements: (1) Serves trips of substantial length and duration indicative of regional, statewide, or interstate importance; (2) Connects adjoining county seats; (3) Connects urban or regional areas with outlying areas, both intra- and interstate; or

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(4) Serves as part of the principal collector network for the statewide and interstate arterial public roads. Section 95A-203. Designation of county road systems. Each county shall designate by resolution roads to be a part of its county road system, and such resolutions shall be recorded in the minutes of the county. All such roads shall be laid out on the shortest and best route to the place to which they are intended to go, and with as little injury to private property as possible. When a road has been designated as a part of a county road system, this change shall be recorded on the official map of the county road system, as provided for in Section 95A-204 (a), and in the written record of the county road system, as provided for in section 95A-204 (b). Section 95A-204. Official records of public road systems. (a) Department to prepare maps of State and county systems. The Department shall prepare an official map showing all public roads on the State Highway System. Changes to the State Highway System shall be recorded on this map as soon as is reasonably possible, and such map, as it is periodically revised, shall be filed with the Secretary of State and shall be open for public inspection. As often as reasonably possible, but not less than once every five years the Department shall also prepare and distribute to each county a map showing all the public roads on its county road system, including extensions into municipalities. (b) Department to keep written records of State and county systems. The Department shall keep written records of the mileage on all public roads on the State Highway System and on all public roads on each of the county road systems. These written records shall be revised as soon as is reasonably possible after any changes to the above public road systems. They shall indicate whether roads are paved or unpaved, and shall contain information as to the condition, status, type and use of all such public roads, and such other information as deemed necessary for sound, longrange planning of public road construction and maintenance.

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These records shall be made available to each county and to the public. (c) Rules and regulations for keeping records. The Department may provide reasonable rules and regulations for keeping accurate and up-to-date, between official measurements, the mileage record called for in this section. Each county shall comply with such rules and regulations. (d) Counties may request measurement. Not more often than every four years, a county may request an official measurement of its county road system under the rules and regulations of the Department and the Department shall comply with such a request if properly made. Whenever a mileage measurement is to be made in any county, whether in response to a request or in the regular course of measurement for the records of the Department, the county shall furnish a representative to accompany the representatives of the Department in its measurement. In case of disagreement between the Department representative and the county representative as to their findings, the matter shall be referred to the Commissioner, whose decision as to the facts thereof shall be final and conclusive. The distribution of the county grants based on public road mileage of the county road system shall be made on the basis of the latest official mileage record for each county as shown by Department records at the end of the preceding fiscal year. (e) Official record of the State Highway System. The official record of the State Highway System shall consist of an official map, as provided for in subsection (a), and a written record, as provided for in subsection (b), the written record to have priority in case of conflict between the two. Resolutions of the Board designating a road as part of the State Highway System, as provided for in section 95A-202(a), and certifications of abandonment, as provided for in Section 95A-619(a), shall serve as the official record until such changes are recorded on the official map and in the written record. (f) Official record of a county road system. The official record of a county road system shall consist of an official

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map, as provided for in subsection (a) and a written record, as provided for in subsection (b), the written record to have priority in case of conflict between the two. The minutes of the county containing resolutions designating roads as a part of a county road system, as provided for in section 95A-203, and certifications of abandonment, as provided for in section 95A-619(b), shall serve as the official record until such changes are recorded on the official map and in the written record. Section 95A-205. Duty of Department to develop long range transportation plans. (a) Definitions: For the purpose of this section, the following words shall have the meaning respectively ascribed to them in this section: (1) Local governing body means the governing body of the city, town, municipality, county or other local governing unit or authority in the area in which the transportation facility will be located. (2) Major transportation facility means: (A) Any facility primarily designed to rapidly and efficiently transport people or goods and including, but not limited to, air transport facilities, railroads, bus services, terminals, freeways, expressways, arterial highways, belt highways, and port facilities; or (B) Any facility or facilities utilized in providing a mass transit system for a standard metropolitan area or urban area. (3) Standard metropolitan area means a county or group of contiguous counties or parts thereof as designated by the Department which contain at least one (1) central city of fifty thousand (50,000) inhabitants or more as determined by the latest available Federal census or such other population estimate as may be provided by law. (4) Urban area means an area including and adjacent to a municipality and other urban centers having a population of five thousand (5,000) or more as determined by the

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latest available Federal census or such other population estimates as may be provided by law within boundaries to be fixed by the Department of Transportation. (5) Transportation corridor means a strip of land between two (2) termini or central points within which travel, topography, land uses, environment and other characteristics are evaluated for transportation purposes. (6) Comprehensive plan means the major transportation facilities described herein as well as collectors and interconnecting routes within and/or between standard metropolitan areas, urban areas, and rural areas. (b) Comprehensive twenty year transportation plan. (1) The Department in conjunction with affected local governmental bodies, regional planning agencies, and other appropriate State and Federal agencies shall develop: (A) A comprehensive, statewide, twenty (20) year transportation plan; (B) A comprehensive transportation plan for all standard metropolitan areas and those areas which the Department determines, based upon population projections, will become a standard metropolitan area within twenty (20) years, such plan to supplement and be compatible with the statewide transportation plan; and (C) Comprehensive plans for regions and urban areas as such plans are deemed necessary by the Department. (2) Priority for developing comprehensive plans shall be given to areas in which the need for construction of major transportation facilities is anticipated. (3) In developing comprehensive transportation plans, the Department shall take into account: (A) Future as well as present needs;

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(B) All possible alternative modes of transportation; (C) The joint use of transportation corridors and major transportation facilities for alternate transportation and community uses; (D) The integration of any proposed system into all other types of transportation facilities in the community and/or region; (E) The coordination with other development plans in the community and region so as to facilitate and synchronize growth; and (F) The total environment of the community and region including land use, state and regional development goals and decisions, population, travel patterns, traffic control features, ecology, pollution effects, aesthetics, safety, and social and community values. (c) Coordination with planning agencies and local governments. In order to insure an integrated transportation system, the planning, location and design of transportation facilities shall be coordinated with the appropriate planning agencies and the affected local governmental bodies. (d) Adoption of other than Department plans; plans for support facilities. (1) The Department may adopt local or regional transportation plans as part of, or in lieu of, the Department's plan. (2) The Department may develop and design plans for arterial and collector roads and streets, vehicular parking areas, other transportation modes and facilities and other support facilities which are consistent with the Department's comprehensive transportation plans. The Department may render to local governmental bodies or their planning agencies such technical assistance and services as are necessary so that local plans and facilities are coordinated with the Department's plans and facilities.

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(e) Development of planning techniques; periodic updating of plans. The Department shall develop systematic techniques for considering those factors to be used in developing comprehensive plans pursuant to subsection (b) so that all transportation facilities are so planned that they will function as integral parts of the overall plan for community, regional, and State development as portrayed in the comprehensive plans; and these plans shall be updated at reasonable intervals so as to maintain a viable plan for a twenty (20) year planning period. (f) Public hearings. (1) The Department shall, pursuant to its rules and regulations, hold planning hearings at the appropriate State, regional or local level, at which time the comprehensive transportation plans included in subsection (b) will be presented for discussion and comment. (2) The Department shall, pursuant to its rules and regulations, hold hearings at the appropriate regional or local level for major transportation facilities, or as required by federal law, as follows: (A) A facility, site, or project corridor hearing, at a time after the selection of the type or types of transportation facility or facilities to be constructed and prior to the final selection of the specific site or corridor of the proposed facility. (B) A design hearing, at a time prior to the Department's commitment to a specific design proposal for the facility or facilities. (3) These public hearings shall be so conducted as to provide an opportunity for effective participation by interested persons in transportation policy decisions, the process of transportation planning, modal selections, and site and route selection, and in the specific location and design of major transportation facilities. The various factors involved in the decision or decisions and any alternative proposals shall be clearly presented so that the persons attending the

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hearing may present their views relating to the decision or decisions which will be made. (4) Opportunity for public hearings; (A) The Department may satisfy the requirements for a public hearing by holding a public hearing or by publishing two (2) notices of opportunity for public hearing in a newspaper having general circulation in the vicinity of the proposed undertaking, and holding a public hearing if any written requests for such a hearing are received. The procedure for requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than twenty-one (21) days after the publication of the first notice of opportunity for public hearing and no less than fourteen (14) days after the date of publication of the second notice of opportunity for public hearing. (B) A copy of the notice of opportunity for public hearing shall be furnished to the U. S. Department of Transportation, the appropriate departments of State government and affected local governments and planning agencies at the time of publication. If no requests are received in response to a notice within the time specified for the submission of requests, the Department shall be deemed to have met the hearing requirements. (C) The opportunity for another public hearing shall be afforded in any case when proposed locations or designs are changed from those presented in the notices specified herein or at a public hearing so as to have a substantially different transportation service, social, economic, or environmental effect. (D) The opportunity for a public hearing shall be afforded in each case in which the Department is in doubt as to whether a public hearing is required. (5) Notice of public hearing; (A) When a public hearing is to be held, two notices of such hearing shall be published in a newspaper having

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general circulation in the vicinity of the proposed undertaking. The first notice shall be published no less than thirty (30) days prior to the date of the hearing and the second notice shall be published no less than five (5) days prior to the date of the hearing. (B) Copies of the notice for public hearing shall be mailed to the U. S. Department of Transportation, appropriate departments of State government, and affected local governments and planning agencies. (g) Board approval of plans. All long range comprehensive transportation plans developed pursuant to this section shall be submitted to the Board for its approval or disapproval. (h) Rules and Regulations. The Department shall promulgate any rules and regulations consistent with its practices that it deems necessary in order to implement the provisions of this Act. CHAPTER 95A-3. ADMINISTRATION OF THE STATE TRANSPORTATION SYSTEM Section 95A-301 Composition of the Department of Transportation. Section 95A-302 Powers and duties of the Department of Transportation. Section 95A-303 Incidental powers; authority to adopt rules and regulations in exercising powers. Section 95A-304 Suits by or against the Department. Section 95A-305 Liability of Department for certain suits against counties. Section 95A-306 State Transportation Board. Section 95A-307 Powers and duties of the Board.

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Section 95A-308 Commissioner of the Department of Transportation. Section 95A-309 Powers and duties of Director. Section 95A-310 Other Department officials. Section 95A-301. Composition of the Department of Transportation. The Department of Transportation shall consist of the State Transportation Board, the Commissioner of the Department of Transportation, the Deputy Commissioner of the Department of Transportation, the State Highway Engineer, the Treasurer and the Assistant Treasurer of the Department of Transportation and such subordinate employees as may be deemed necessary by the Commissioner. Section 95A-302. Powers and duties of the Department of Transportation. The powers and duties of the Department of Transportation unless otherwise expressly limited by law, shall include, but not be limited to, the following: (a) Responsibility for State Highway System and other work. The Department shall plan, designate, improve, manage, control, construct, and maintain a State Highway System and shall have control of and responsibility for all constructions maintenance, or any other work upon the State Highway System and all other work which may be designated to be done by the Department by the provision of this Title or of any other law: Provided, that on those portions of the State Highway System lying within the corporate limits of any municipality the Department shall be required to provide only substantial maintenance activities and operations, including but not limited to reconstruction and major resurfacing, reconstruction of bridges, erection and maintenance of official Department signs, painting of striping and pavement delineators, furnishing of guardrails and bridge rails, and other major maintenance activities; (b) Department to receive funds for public road purposes and other functions. The Department shall be the State agency to receive, and shall have control and supervision of, all funds appropriated for public road work by the State and

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activities incident thereto from the net proceeds of motor fuel tax, as provided in Article VII, Section IX, Paragraph IV of the Constitution of Georgia of 1945, as amended, (Ga. Code Ann. section 2-6204(b)), and any other funds appropriated or provided for by law for such purposes or for performing other functions of the Department of Transportation. If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the Department and to counties for public road work and activities incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the Department by the Director of the Fiscal Division of the Department of Administrative Services, notwithstanding any provisions to the contrary in an Act approved Feb. 12, 1962, (Ga. L. 1962, p. 17, Ga. Code Ann. ch. 40-4); (c) Providing for surveys and other things. The Department shall provide for surveys, plans, maps, specifications, and other things necessary in designating, supervising, locating, abandoning, relocating, improving, constructing, or maintaining the State Highway System, or any part thereof or any activities incident thereto, or in doing such other work on public roads as the Department may be given responsibility for or control of by law; (d) Reimbursement of Law Department for services. The Department shall reimburse the State Department of Law for expenses incurred when the Attorney General of Georgia assigns any assistant Attorney General or any deputy assistant Attorney General to perform specific legal services in connection with the validation of any bonds as authorized by an Act approved April 17, 1969 (Ga. L. 1969, pp. 484, 485, Ga. Code Ann. section 40-1633), or in connection with contract lawsuits and the acquisition of rights-of-way for any project on the State Highway System constructed, or to be constructed, by the Department of Transportation and when such services are designated by the Attorney General to include specific items of legal services involving the trial or preparation for trial of individual condemnation cases, contract lawsuits and related matters on such project or projects,

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or a group or series of condemnation cases, contract lawsuits and related matters in connection with a specific project or projects: Provided, that no such reimbursement shall be made until the Attorney General has submitted a statement of the expenses of such legal services to the Department, which statement shall include the names of the assistant Attorney General performing such services, the items of legal services performed and the cost thereof, and further, that no reimbursement shall be made for the expenses of legal services for contract lawsuits unless such services had the advance approval of the Commissioner; (e) Authority to make contracts. The Department shall have the authority to negotiate, let, and enter into contracts with any person, State agency, or county or municipality of the State for the construction or maintenance of any public road or any other mode of transportation or for the benefit of or pertaining to the Department or its employees in such manner and subject to such express limitations as may be provided by law. (f) Agreements with other states. The Department shall have the authority to negotiate and enter into reciprocal agreements and contracts with other states, or agencies or subdivisions thereof, concerning public roads and other modes of transportation, activities incident thereto; (g) Authority to accept federal aid. The Department shall be the proper agency of the State to discharge all duties imposed on the State by any Act of Congress allotting federal funds to be expended for public road and other transportation purposes in this State. The Department shall have the authority to accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this Title is intended to conflict with any federal law and, in case of such conflict, such portion as may be in conflict with such

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federal law is hereby declared of no effect to the extent of the conflict; (h) Acquisition and disposition of property; power of eminent domain. The Department shall have the authority to exercise the right and power of eminent domain, and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property, or any rights or interests therein, for public road and other transportation purposes or for any activities incident thereto, subject to such express limitations as are provided by law; (i) Entry upon lands for purpose of examinations. The Department and its authorized agents and employees shall have the authority to enter upon any lands in the State for the purpose of making such surveys, soundings, drillings, and examinations as the Department may deem necessary or desirable to accomplish the purposes of this Title, and such entry shall not be deemed a trespass, nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding: Provided, that reasonable notice be given the owner or occupant of the property to be entered, that such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property; (j) Authority to control access to roads on State Highway System. In locating, relocating, constructing, improving, or maintaining any road on the State Highway System, the Department shall have the authority to control or limit access thereto, including the authority to close off or regulate access from any part of any public road on a county road system or municipal street system to the extent necessary in the public interest; (k) Roads within and leading to State parks. The Department shall have the authority to construct and to perform substantial maintenance of public roads within the boundaries of State parks and on main access roads leading into such parks.

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(l) Minimum standards for bridges; permits for bridge construction; determining and posting maximum limits. (1) The Department shall have the authority to formulate, promulgate, and enforce rules and regulations setting minimum safety standards for bridges on federal-aid public roads and to inspect and close any bridge on any such public road which does not comply with the minimum standards set by the Department and which the Department determines is unsafe for public travel. No new bridge shall be constructed on any such public road without there first having been obtained a permit for its construction from the Department, such permit to be issued only where the proposed bridge will meet the minimum standards set by the Department. (2) The Department may inspect and determine the maximum load, weight, and other vehicular dimensions which can be safety transported over each bridge on the State Highway System and may post on each such bridge a legible notice showing such maximum safe limits. It shall be unlawful for any person to haul, drive, or bring on any bridge any vehicle, load, or weight which in any manner exceeds the maximum limits so ascertained and posted on such bridge; (m) Authority to establish, permit, and regulate ferries. The Department shall have the authority to establish, maintain, and operate ferries as part of a public road and to authorize and issue permits for any State agency, any county or municipality, or any private person to establish, maintain, and operate ferries as part of a public road whenever, in the discretion of the Department, such ferries are reasonably necessary and in the best interest of the public: Provided, that all such ferries shall be operated subject to such rules and regulations as the Department may adopt to protect the public interest, and the authorization of any such ferry may be revoked whenever, in the discretion of the Department, its continued operation is no longer necessary or in the best interest of the public.

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(n) Duties with respect to the Metropolitan Atlanta Rapid Transit Authority. The Department shall have those duties and powers in regard to programs relating to the Metropolitan Atlanta Rapid Transit Authority established by Section 8(i) of an Act approved March 10, 1965 (Ga. L. 1965, pp. 2243, 2255), particularly as amended by Section 5 of an Act approved March 16, 1971 (Ga. L. 1971, pp. 2092, 2095). Unless inconsistent with the provisions of this Title, any reference in the Georgia statutes cited in this subsection to the Department of, or the Board of, Industry and Trade shall mean the Department of Transportation. (o) Duties with respect to inspecting motor vehicles for violations of licensing or fuel tax registration requirements. The Department shall have the authority and duty relating to the inspection for violations of motor vehicle licensing and fuel tax registration requirements and the Department shall report violations of said requirements to the Commissioner of Revenue. (p) Duties with respect to State aircraft. (1) All State aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices or other agencies of the State of Georgia and authorized agents of the General Assembly, or either branch thereof, and Department-owned airfields and their appurtenances, shall be managed and maintained by the Department. The cost for the use of such State aircraft shall be charged by the Department to the using agency. The amount of such charge shall be determined by the Department. (2) The Department shall have all those powers and duties formerly set forth in Section 8 of an Act approved March 8, 1968 (Ga. L. 1968, pp. 130, 133; Ga. Code Ann. section 40-3008), which statute relates to the maintenance and operation of State aircraft, supervision of their pilots, and similar matters. (3) No department, board, bureau, commission, authority, office or other agency of the State of Georgia shall be authorized to expend State funds to purchase, lease, rent,

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charter, maintain or repair State aircraft to be used in connection with State business or to employ a person whose official duties consist of piloting State aircraft, except the Department of Transportation. (4) The supervisor of purchases shall purchase all aircraft for the Department in the same manner as other State purchases. (q) Powers with respect to aviation policy and development; airport construction, airmarkers. (1) Development of aviation policies; assistance to political subdivisions: Subject to general appropriations for such purposes, the Department is authorized to plan for and establish a long-term policy in regard to the establishment, development, and maintenance of aviation and aviation facilities in the State; to promote and encourage the use of aviation facilities of the State for air commerce in the State and between the State and other States, and foreign countries; to cooperate, counsel and advise with the Aeronautics Advisory Board in regard to the planning, construction, development, and maintenance of airports, landing fields, and air navigation facilities in the State; to cooperate, counsel and advise with political subdivisions of the State, and with other departments, boards, bureaus, commissions, agencies or establishments, whether Federal, State, or local or public or private, for the purpose of promoting and obtaining coordination in the planning for, and in the establishment of, development, maintenance and protection of a system of air routes, airports, and landing fields in the State, and of other aviation facilities in the State. (2) Construction: Subject to general appropriations for such purposes, the Department is authorized to construct or to contract with any State agency, political subdivision, authority, or person for the construction of airports and of facilities and appurtenances incident to their operation. The authority and limitations of Chapter 95A-8 pertaining to Department contracts and subcontracts for construction of public roads shall likewise apply to such airport construction contracts, provided: that such a contract when negotiated with a political subdivision shall not be subject to the limitation

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of section 95A-802 (d) (1) (A) pertaining the average bid price for the 60 day period preceding the making of the contract. The provisions of Chapter 95A-6 shall apply to the acquisition or disposition of land or interests therein for such airport construction. (3) Air markers on roofs: Subject to general appropriations for such purposes the Department is authorized to establish air markers at appropriate locations throughout the State to facilitate air navigation within the State. Said markers shall consist of painting on appropriately located roofs of buildings the names of towns or cities within which such buildings are located, such names to be painted in sufficient size to be legible under good visibility conditions from a height of at least 3,000 feet. The Department is authorized to obtain roof releases from the owners of buildings upon which air markers are to be painted, or otherwise to obtain permission from such owners to use such roofs for such purposes; and to pay the owners reasonable and nominal rentals therefor, if such payment is necessary in order to obtain the appropriate permission for the use of such roofs for such purposes. (4) Maintenance of Department-owned or leased airports and facilities: Subject to general appropriations for such purposes, the Department is authorized to maintain or to control for the maintenance of Department-owned or leased airports, their facilities and appurtenances incident to their operation. The authority and limitations of Chapter 95A-8 pertaining to contracts and subcontracts for maintenance of public roads shall likewise apply to such contracts for the maintenance of such Department-owned or leased airports, provided that such a contract when negotiated with a political subdivision shall not be subject to the limitation of section 95A-802 (d) (1) (A) pertaining to the average bid price for the 60 day period preceding the making of the contract. Section 95A-303. Incidental powers; authority to adopt rules and regulations in exercising powers. In addition to the powers specifically delegated to it in this Title, the Department shall have the authority to perform all acts which

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are necessary, proper, or incidental to the efficient operation and development of the Department and of the State Highway System and of other modes and systems of transportation, and the provisions of this Title shall be liberally construed to that end. Any power vested by law in the Department, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by the Department in a reasonable manner, pursuant to such rules, regulations, and procedures as the Department may adopt and subject to such limitations as may be provided by law. Section 95A-304. Suits by or against the Department. (a) Suits and settlement of claims. The Department shall have the authority to bring suits, and it may be sued in such actions as are permitted by law. In addition, the Department may adjust and make settlement of any and all claims presented to it under oath. (b) Venue and service of process. All suits brought ex contractu by or against the Department shall be brought in a county where any part of the work is to be or has been performed. All other suits by or against the Department shall be brought in the county in which the cause of action arose, issued from the county where the suit is filed, upon the Commissioner of the Department of Transportation personally or by leaving a copy of the same in the office of the Commissioner in the State Highway Building, Atlanta, Georgia. Section 95A-305. Liability of Department for certain suits against counties. (a) Suit for damages in cause of action accruing on public road taken over by Department. The Department of Transportation shall defend any suit, and be responsible for all damages awarded therein, in any court of this State against any county under existing laws whenever the cause of action accrues on a public road which at the time of accrual had been designated by the Department as a part of the State Highway System: Provided, that no suit under this Section may be brought until the construction of the public road on

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which the injury complained of occurred has been completed and such public road has been officially opened to traffic as provided in subsection (b) of this section. When any such suit is brought against a county in any court of this State, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such suit against the county upon the Department of Transportation by providing for service of a second original process, issued from the court where the suit is filed, upon the Commissioner of the Department of Transportation personally or by leaving a copy of the same in the office of the Commissioner in the State Highway Building, Atlanta, Georgia. The service of process in such suit upon the county shall not be perfected until such second original process has been served as herein provided. The Department of Transportation shall also have the right and authority to defend, adjust, and settle in the name of such county and on its behalf any claim for damages for which the Department utimately may be liable under this section. (b) Official opening of road to public. A public road shall be officially opened to traffic within the meaning of this section on the date that the Department gives written notice to the contractor or political subdivision performing the work on such road of final acceptance of such work, or otherwise in writing acts so as to open the road to traffic by the general public. Section 95A-306. State Transportation Board. (a) Composition and qualifications. The State Transportation Board shall be composed of one member to be chosen from each congressional district of the State in the manner hereinafter provided. Each member of the Board shall be a resident of the congressional district which he represents. In the event any person who is an officer, agent, official, or employee of the State, or of any county, municipality or other political subdivision thereof, or who is a member of the General Assembly, is appointed or elected as a member of the Board, such person must resign as such officer, agent, official, employee or member prior to taking office as a member of the Board.

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(b) Selection and term of office. The enactment into law of this section shall not affect the terms of office of the members of the Board then existing. Upon the expiration of the term of office of each such member, his successor and all successive members thereafter shall be selected in the manner hereinafter provided to serve for a term of five years and until his successor is duly elected and certified. The member of the Board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and senatorial districts embraced or partly embraced within such congressional district, meeting in caucus at the regular session of the General Assembly immediately preceding the expiration of the term of office of each such Board member. Said caucus shall be called at the State Capitol by the Speaker of the House of Representatives and the President of the Senate within the first ten (10) days of the convening of the General Assembly in regular session by mailing to the members of the General Assembly, who are affected, written notice at least four days before the caucus, which notice shall state the time, place, and purpose of said caucus. Within fifteen (15) days after each such election, the Speaker of the House, and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who, upon receipt thereof, shall immediately issue his commission thereon. (c) Vacancies. In the event that any vacancy for any cause shall occur in the membership of the Board during any regular session of the General Assembly, the remainder of the unexpired term shall be filled by a member elected by a majority vote of those members of the General Assembly from the counties and senatorial districts, embraced or partly embraced within the congressional district where the vacancy occurred, in the same manner as provided herein for the election of Board members. In the event that any vacancy for any cause shall occur in the membership of the Board while the General Assembly is not in session, the remainder of the unexpired term shall be filled by a member elected by a majority vote of those members of the General Assembly from the counties and senatorial districts, embraced or partly embraced within the congressional district

Page 986

where the vacancy occurred, at a meeting which shall be called by the Speaker of the House of Representatives and the President of the Senate at some convenient location and in the manner provided herein for the election of Board members. (d) Organization of Board. The Board shall, by majority vote of those members present and voting at regular sessions, elect from their number a chairman and vice-chairman, who shall serve at the pleasure of the Board. In like manner, the Board shall also elect a secretary, who need not necessarily be a member of the Board, and who shall also serve at the pleasure of the Board. (e) Meetings. The Board shall meet in regular session at least one day each month, at least nine of which regular sessions are to be held at the Headquarters of the Department of Transportation in Atlanta, and at such other special meetings as may be called by the Commissioner, by the chairman, or by a majority of the members of the Board, upon reasonable written notice to all members of the Board. Further, the chairman of the Board or the Commissioner of the Department of Transportation is hereby authorized from time to time to call meetings of committees of the Board, which are established by Board policy; to require the attendance of a member or members of the Board at places within or without the State when in the opinion of the chairman or the Commissioner, the member or members of the Board are needed to properly attend to the Department's business. A majority of the Board shall constitute a quorum for the transaction of all business, including election or removal of the Commissioner. Except as otherwise provided in this Title, any power of the Board may be exercised by a majority vote of those members present at any meeting at which there is a quorum: (f) Compensation. Notwithstanding the provisions of section 89-707 of the Code of Georgia of 1933, the members of the Board shall receive no salary but shall receive the sum of twenty dollars ($20) per diem for each day of actual attendance at meetings of the Board and Committee meetings, and for each day actually spent in studying the road

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needs of the various counties within their respective districts, except that no member shall receive compensation for more than four days of study per year for each county in his district. In addition, they shall receive actual expenses incurred in connection with making such studies and attending meetings and the actual cost of transportation to and from the place of meeting by the nearest practical route from their homes as well as the mileage expended in visiting said counties. Such per diem and expense shall be paid from funds appropriated to the Department of Transportation upon presentation of vouchers by members of the Board, approved by the chairman and signed by the Secretary. Section 95A-307. Powers and duties of the Board. The Board shall be charged with the general control and supervision of the Department. In the exercise of such general control and supervision, the Board shall have such duties, powers, and authority as are expressly vested in it by the provisions of this Title including but not limited to: (a) designation of public roads on the State Highway System; (b) approval of negotiated construction contracts, of Authority lease agreements, or of the advertising of non-negotiated construction contracts; (c) confirmation or rejection of the recommendation for appointment of the following Department officers: The Deputy Commissioner; The State Highway Engineer; the Treasurer and the Assistant Treasurer of the Department of Transportation; and (d) approval of all long-range plans and programs of the Department. Section 95A-308. Commissioner of the Department of Transportation. (a) Basic authority. The Commissioner of the Department of Transportation shall be the chief executive officer of the Department. (b) Selection and term of office. The approval of this section shall not affect the term of office of the Commissioner then holding office. Upon the expiration of the term of office of that Commissioner, his successor and each succeeding Commissioner thereafter shall be selected by a vote of the majority of the total number of members of the Board

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and shall serve for a term of four years and until his successor is selected by the Board and duly qualified. (c) Removal and vacancies. Upon a vote of the majority of the total members of the Board the Commissioner shall be subject to removal by the Board for just cause, after reasonable notice, copy of charge, hearing and opportunity for presentation of evidence. In the event of a vacancy in the office of the Commissioner by reason of resignation, removal, death, or permanent incapacity and inability to perform the duties of the office, the Deputy Commissioner shall become Acting Commissioner to serve until such time as the Board at any regular or called meeting selects a new Commissioner to fill the unexpired term of office created by such vacancy. (d) Bond. The Commissioner shall qualify, upon selection, by executing a bond in the amount of one hundred thousand dollars ($100,000) with a corporate surety licensed to do business in Georgia and payable to the Governor and his successors in office, such bond to the approved by the Governor, and conditioned on the faithful discharge of his duties as Commissioner. The premium of such bond shall be paid from funds of the Department of Transportation. (e) Limitations. The Commissioner shall devote full time and attention to the duties and responsibilities of his office. No person who serves as Commissioner shall be eligible, except as hereinafter provided, to qualify as a candidate in any primary, special or general election for any State or federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Commissioner and for a period of 12 months after the date he ceases to serve as Commissioner: Provided, however, nothing contained herein shall prevent the Commissioner from being appointed to any other office, nor disqualify him from running in any election to succeed himself in any office to which he was appointed, nor to hold such office in the event he is elected thereto and otherwise qualified therefor: Provided, however, the Commissioner shall resign as Commissioner of the Department of Transportation before accepting any such appointive office.

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Section 95A-309. Powers and duties of the Commissioner. (a) Administration of the Department; exercise of powers vested in the Department. As the chief executive officer of the Department, the Commissioner shall have direct and full control of the Department. He shall possess, exercise, and perform all the duties, powers, and authority which are now or may be hereafter vested in the Department by law, except those duties, powers, and authority which are expressly reserved by law to the Board. When the Board is not in regular or called session, the Commissioner shall perform, exercise, and possess all duties, powers, and authority of the Board except: (1) approval of the advertising of non-negotiated construction contracts; (2) approval of authority-lease agreements; (3) confirmation or rejection of the recommendation for appointment of the following Department officers: The Deputy Commissioner; the State Highway Engineer; the Treasurer and the Assistant Treasurer of the Department of Transportation; and (4) approval of long-range plans and programs of the Department. The Commissioner shall also have the authority to exercise the power of eminent domain and to execute all contracts, authority-lease agreements, and all other functions except those that cannot legally be delegated to him by the Boards. (b) Employment of personnel. (1) The Commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he may deem necessary or useful to the effective operation and administration of the Department, except that the Commissioner shall not employ a person who is related within the second degree of consanguinity to the Commissioner or any member of the Board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a Board member or appointment of a Commissioner. The Commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the Department.

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(2) The power granted to the Commissioner herein shall be subject to and limited by the provisions of an Act approved February 4, 1943 (Ga. L. 1943, p. 171; Ga. Code Ann. ch. 40-22), as amended by an Act approved March 23, 1960 (Ga. L. 1960, p. 1162; Ga. Code Ann. sections 40-2207, 40-2244, 40-2245), and an Act approved February 10, 1949 (Ga. L. 1949, p. 504; Ga. Code Ann. Sections 40-2210 through 40-2212), establishing a merit system for Department of Transportation employees, to the extent that the same, or any amendments thereto, are now or may be hereafter applicable to Department personnel. Section 95A-310. Other Department officials. (a) Deputy Commissioner. The Commissioner shall appoint a Deputy Commissioner of the Department of Transportation of Georgia, whose appointment shall be subject to the approval of the Board, to serve at the pleasure of the Commissioner. Before assuming the duties of his office said Deputy Commissioner shall qualify by giving bond with a corporate surety, licensed to do business in Georgia, in the amount of one hundred thousand dollars ($100,000) and payable to the Governor and his successors in office. Said bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office, including any duties of the office of the Commissioner which the Deputy Commissioner may be required to perform as Acting Commissioner. The premium for said bond shall be paid out of the funds of the Department. Said Deputy Commissioner shall be the Assistant Commissioner and shall be empowered to act in his own name for the Commissioner: Provided, that he may exercise to the extent permitted by law only such powers and duties of the Commissioner as have been previously assigned to him in writing by the Commissioner, and provided further, that in the event of the Commissioner's temporary incapacity which causes his absence from the Highway Department building in Atlanta, Georgia for 30 consecutive days, in which case Deputy Commissioner shall assume all the powers and duties of the Commissioner, to be exercised until such time as the Commissioner's temporary absence or incapacity shall cease. In the event of the Commissioner's permanent incapacity, the Deputy

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Commissioner shall become Acting Commissioner, as provided in section 95A-308(c). (b) State Highway Engineer. The Commissioner shall appoint a State Highway Engineer whose appointment shall be confirmed or rejected by the Board at the next regular Board meeting following his appointment to serve at the pleasure of the Commissioner. The State Highway Engineer shall be the chief engineer of the Department and shall be a professional engineer registered in accordance with the provisions of an Act approved March 8, 1945 (Ga. L. 1945, p. 294; Ga. Code Ann. ch. 84-21), as the same is now or may be hereafter amended, and who shall be experienced in highway engineering. (c) Treasurer and Assistant Treasurer. The Commissioner shall appoint a Treasurer of the Department of Transportation whose appointment shall be confirmed or rejected by the Board at the next regular Board meeting following his appointment to serve at the pleasure of the Board. Before assuming the duties of his office, the Treasurer shall qualify by giving bond, with a corporate surety, licensed to do business in Georgia, in the amount of one hundred thousand dollars ($100,000) and payable to the Governor and his successors in office. Said bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for said bond shall be paid out of the funds of the Department. The duties of the Treasurer shall be to receive all funds from all sources to which the Department is entitled, to account for all funds received by the Department, and to perform such other duties as may be required of him by the Commissioner. The Commissioner shall have the authority to appoint an Assistant Treasurer in the same manner and under the same conditions as set forth herein for the appointment of the said Treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the Treasurer. Said Assistant Treasurer shall assume the duties of office of Treasurer upon the incapacity or death of the Treasurer and shall serve until a new Treasurer is appointed as herein provided.

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CHAPTER 95A-4. COUNTY ROAD ADMINISTRATION Section 95A-401. Duties of a county. (a) Responsibility for county road system and other work. (b) Administration of funds. (c) Posting limits and signs on bridges. (d) Map of county road system. (e) Acquisition of rights-of-way. (f) Relocation Assistance. Section 95A-402. Powers of the county. (a) Contracts. (b) Acceptance of federal-aid and State grants. (c) Acquisition and disposition of property. (d) Entry upon lands for purpose of examination. (e) Employment of personnel. (f) Regulation of utilities. (g) Power to purchase through the State. (h) Road tax. (i) Preparation of surveys, maps, specifications. (j) Incidental powers; authority to adopt rules and regulations in exercising powers.

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Section 95A-401. Duties of the county. The duties of a county with respect to its county road system, unless otherwise expressly limited by law, shall include, but not limited to, the following: (a) Responsibility for county road system and other work. A county shall plan, designate, improve, manage, control, construct, and maintain an adequate county road system and shall have control of and responsibility for all construction, maintenance, or other work related to the county road system. Such work may be accomplished through the use of county forces, including prison labor, by contract as authorized herein, or otherwise as permitted by law. Nothing in this subsection shall be construed to prevent a county from entering into a contract providing for a municipality to maintain an extension of the county road system within the municipal limits; (b) Administration of funds. A county shall control, administer, and account for funds received for the county road system and activities incident thereto from any source whatsoever, whether federal, State, county, municipal, or any other; and it shall expend such funds for and on behalf of the county in connection with the county road system, and for any purpose in connection therewith which may be authorized in this Title or by any other law; (c) Posting limits and signs on bridges. A county shall inspect and determine the maximum load, weight, and other vehicular dimensions which can be safely transported over each bridge on the county road system and shall post on each bridge a sign containing a legible notice showing such maximum safe limits, each such sign to conform to the Department regulations promulgated under authority of section 95A-901: Provided, however, the Department is authorized to give technical assistance to counties when so requested, in carrying out the provisions of this subsection. It shall be unlawful for any person to haul, drive, or bring on any bridge any vehicle, load, or weight which in any manner exceeds the maximum limits so ascertained and posted on such bridge, and any person hauling, driving, or otherwise bringing on such bridge any load or weight exceeding

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the maximum limits so ascertained and posted shall do so at his own risk, and the county shall not be liable for any damages to persons or property that may result therefrom; (d) Map of county road system. A county shall keep on file in the office of the County Clerk, available for public inspection, the map of the county road system prepared by the Department as provided in section 95A-204(a); (e) Acquisition of rights-of-way. A county shall procure the necessary rights-of-way for public roads of the State Highway System within the county in compliance with section 95A-602(e) and section 95A-707. (f) Relocation assistance. In acquiring property for rights-of-way on its county road system, the county shall comply with the requirements of the applicable provisions of the Uniform Relocation System and Real Property Acquisition Policy Act of 1970 Public Law 646, 91st Congress, 2d session, approved January 2, 1971, and in general be guided by the policies applicable to the Department, as set forth in section 95A-623 of this Title. Section 95A-402. Powers of the county. The powers of a county with respect to its county road system, unless otherwise expressly limited by law, shall include, but not limited to, the following: (a) Contracts. A county shall have the authority to negotiate, let, and enter into contracts with any person or any State agency, county, or municipality of the State for the construction, maintenance, administration, or operation of any public road or activities incident thereto, in such manner and subject to such express limitations as may be provided by Chapter 95A-8 of this Title or any other provision of law: Provided, that a county shall also have the authority to perform such road work with its own forces or with a combination of its own forces and the work of a contractor, notwithstanding any contrary provisions of section 1704 of Title 23 of the Code of Georgia of 1933 as amended;

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(b) Acceptance of federal-aid and State grants. A county shall have the authority to accept and use federal and State funds and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid or State-aid acts and programs in connection with the county's public roads. Nothing in this Title is intended to conflict with any federal law and, in case of such conflict, such portion as may be in conflict with such federal law is hereby declared of no effect to the extent of the conflict; (c) Acquisition and disposition of property. (1) Real property. A county shall have the authority to acquire and dispose of real property or any interest therein for public road purposes, as provided in Chapter 95A-6. In any action to condemn property or interests therein for such purposes, notice thereof shall be signed by the condemning county; and such notice shall be deemed to be the official action of said county in regard to the commencement of said condemnation proceedings. For good cause shown a county, at any time after commencement of condemnation proceedings and prior to final judgment-[therein, may dismiss its condemnation action, provided that (1) the condemnation proceedings have not been instituted under the provisions of sections 95A-603 through 95A-616 and (2) the condemnor has first paid to the condemnee all expenses and damages accrued to the condemnee up to the date of the filling of the motion for dismissal of the condemnation action.]. (2) Personal property. Pursuant to the requirements of Chapter 95A-8, a county shall have the power to purchase, borrow, rent, lease, control, manage, receive, and make payment for all personal property, such as equipment, machinery, vehicles, supplies, material, and furniture, which may be needed in the operation of its county road system; to lease, rent, lend, or otherwise temporarily transfer county property used for road purposes, as authorized by law; and to sell or otherwise dispose of all personal property owned by the county and

Page 996

used in the operation of said county road system which is unserviceable, and to execute such instruments as may be necessary in connection with the exercise of the foregoing powers; (d) Entry upon lands for purpose of examination. A county and its authorized agents and employees may enter upon any lands in the county for the purpose of making such surveys, soundings, drillings, and examinations as the county may deem necessary or desirable to accomplish the purposes of this Title, and such entry shall not be deemed a trespass, nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding: Provided, reasonable notice of such entry shall be given the owner or occupant of such property, such entry shall be done in a reasonable manner, with as little inconvenience as possible to the owner or occupant of the property, and the county shall make reimbursement for any actual damages resulting from such entry; (e) Employment of personnel. A county shall have the authority to employ, discharge, promote, set and pay the salaries and compensation of its personnel, and determine the duties, qualifications, and working conditions for all persons whose services are needed in the construction, maintenance, administration, operation, and development of its county road system; to work prisoners maintained in the county public work camp or prisoners hired from the State Board of Corrections and maintained by the latter; and to employ or contract with such engineers, surveyors, attorneys, consultants, and all other employees, as independent contractors whose services may be required, subject to the limitations of existing law; (f) Regulation of utilities. A county may grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals and other equipment, facilities or appliances of any utility in, on, along, over, or under the public roads of the county which are a part of the county road system lying outside the corporate limits of a municipality,

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provided however, that such regulations shall not be more restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the Department with respect to utilities on the State Highway System under authority of section 95A-1005. As a condition precedent to the granting of such permits, the county may require application in writing specifically describing the nature, extent, and location of the portion of the utility affected, and may also require the applicant to furnish an indemnity bond or other acceptable security conditioned to pay any damages to any part of the county road system or to any member of the public caused by work of the utility performed under authority of such permit: Provided, that at all times it shall be the duty of the county to insure that the normal operation of the utility does not interfere with the use of the county road system. The county may also order the removal or discontinuance of the utility, equipment, facility, or appliances where such removal and relocation is made necessary by the construction or maintenance of any part of the county road system lying outside the corporate limits of a municipality. In so ordering the removal and relocation of a utility, or in performing such work itself, the county shall conform to the procedure set forth for the Department in Section 95A-1002 and Section 95A-1004 except that when the removal and relocation has been performed by the county, it shall certify the expenses thereof for collection to its county attorney. (g) Power to purchase through the State. A county shall have the power to purchase supplies for county road system purposes through the State as authorized by an Act approved April 10, 1968 (Ga. L. 1968, pp. 1352, 1353, Ga. Code Ann. sections 40-1945 through 40-1947): (h) Road tax. In addition to any taxes authorized by Title 92, Chapter 37 of the Code of Georgia of 1933, as amended, to be levied and collected for the construction and maintenance of its county road system and activities incident thereto, a county is hereby authorized to levy and collect any millage as may be necessary for such purposes;

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(i) Preparation of surveys, maps, specifications. A county may provide for surveys, maps, specifications, and other things necessary in designating, supervising, locating, abandoning, relocating, improving, constructing, or maintaining the county road system, or any part thereof, or any activities incident thereto or necessary in doing such other work on public roads as the county may be given responsibility for or control of by law; (j) Incidental powers; authority to adopt rules and regulations in exercising powers. In addition to the powers specifically delegated to it in this Title, a county shall have the authority to adopt and enforce rules, regulations, or ordinances to require permits and to perform all other acts which are necessary, proper, or incidental to the efficient operation and development of the county road system, and the provisions of this Title shall be liberally construed to that end. Any power vested in or duty placed on a county, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by a county in a reasonable manner subject to such limitations as may be provided by law. CHAPTER 95A-5. MUNICIPAL STREET ADMINISTRATION Section 95A-501. Acquisition of State Highway System rights-of-way. Section 95A-502. Responsibility for municipal street system and other work. Section 95A-503. Powers of municipal governing authorities. (a) Contracts. (b) Acceptance of federal-aid and State grants. (c) Acquisition management, and disposition of real property; eminent domain.

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(d) Acquisition and disposition of personal property. (e) Entry upon land for purpose of examination. (f) Employment of personnel. (g) Regulation and control of parking. (h) Power to purchase through the State. (i) Lighting. (j) Utilities. (k) Surveys, maps, specifications. Section 95A-504. Incidental powers; authority to adopt rules and regulations. Section 95A-505. Liability for defects. (a) Neglect. (b) State Highway System. Section 95A-501. Acquisition of State Highway System rights-of-way. Acquisition of rights-of-way for public roads on the State Highway System located within the corporate limits of a municipality shall be made in compliance with section 95A-602(e) and Section 95A-707. Section 95A-502. Responsibility for municipal system and other work. A municipality shall plan, designate, improve, manage, control, construct, and maintain and adequate municipal street system and shall have control of and responsibility for all construction, maintenance, or other work related to the municipal street system. Such work may be accomplished through the use of municipal forces, including prison labor, by contract as authorized herein, or otherwise as permitted by law.

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Section 95A-503. Powers of municipal governing authorities. The powers of a municipality with respect to its municipal street system, unless otherwise expressly limited by law, shall include, but not be limited to, the following: (a) Contracts. Subject to the limitations of section 95A-802 (d) (1) (A), a municipality has the authority to contract with any person, the federal government or its agencies, the State or its agencies, other municipalities, a county in which the municipality lies, or any combination of the foregoing entities for the construction, reconstruction, or maintenance of any public road located within the municipality; (b) Acceptance of federal-aid and State grants. A municipality may accept and use federal and State funds for municipal street purposes and do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this Title is intended to conflict with any such federal-aid law and, in case of such conflict, such portion as may be in conflict with such federal law is hereby declared of no effect to the extent of the conflict; (c) Acquisition, management, and disposition of real property; eminent domain. A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its municipal street system under the procedures provided in Chapter 95A-6. In acquiring property for rights-of-way on its system, the municipality shall comply with the requirements of the applicable provisions of the Uniform Relocation System and Real Property Acquisition Policy Act of 1970 Public Law 646, 91st Congress, 2nd session, approved January 2, 1971, and in general be guided by the policies applicable to the Department, as set forth in section 95A-623 of this Title. For good cause shown a municipality, at any time after commencement of condemnation proceedings and prior to final judgment therein, may dismiss its condemnation action, provided that (1) the condemnation proceedings have not been instituted under the provisions of sections 95A-603

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through 95A-616 and (2) the condemnor has first paid to the condemnee all expenses and damages accrued to the condemnee up to the date of the filing of the motion for dismissal of the condemnation action. (d) Acquisition and disposition of personal property. Subject to the requirements of Chapter 95A-8, a municipality may purchase, borrow, rent, lease, control, manage, receive, and make payment for all personal property, such as equipment, machinery, vehicles, supplies, material, and furniture, which may be needed in the operation of the municipal street system, and may sell or otherwise dispose of all personal property owned by the municipality and used in the operation of said municipal street system which is no longer necessary or useful in connection with the operation of said system, and execute such instruments as may be necessary in connection with the exercise of the foregoing powers; (e) Entry upon land for purpose of examination. A municipality and its authorized agents and employees shall have the authority to enter upon any lands in the municipality for the purpose of making such surveys, soundings, drillings, and examinations as the municipality may deem necessary or desirable to accomplish the purposes of this Title, and such entry shall not be deemed a trespass, nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding: Provided, that reasonable notice be given the owner or occupant of the property to be entered, that such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property, and the municipality shall make reimbursement for any actual damages resulting from such entry; (f) Employment of personnel. A municipality may employ, discharge, promote, set and pay the salaries and compensation of its personnel, and determine the duties, qualifications, and working conditions for all persons whose services are needed in the construction, maintenance, administration, operation, and development of its municipal street system; and may employ or contract as independent contractors with such engineers, surveyors, attorneys, consultants,

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and all other employees whose services may be required, subject to the limitations of existing law; (g) Regulations and control of parking. A municipality may regulate and control the use of the public roads on its municipal street system and on portions of the county road systems extending within the corporate limits of the municipality; and any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow of traffic, and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the State Highway System located within the corporate limits of the municipality when authorized by the Department pursuant to section 95A-904; (h) Power to purchase through the State. A municipality may purchase supplies for municipal street system purposes through the State, as authorized by an Act approved April 10, 1968 (Ga. L. 1968, pp. 1352, 1353, Ga. Code Ann. sections 40-1945 through 40-1947); (i) Lighting. A municipality may provide lighting and maintenance thereof on any public road located within its limits; (j) Utilities A municipality may grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system and of a county road system lying within its municipal limits, provided, however, that such regulations shall not be more restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the Department with respect to utilities on the State Highway System under authority of section 95-1005. As a condition precedent to the granting

Page 1003

of such permits, the municipality may require application in writing specifically describing the nature, extent, and location of the portion of the utility affected. The municipality may also require the applicant to furnish an indemnity bond or other acceptable security conditioned to pay for any damage to any part of a public road or to any member of the public caused by the work of the utility performed under authority of such permit: Provided, that it shall be the duty of the municipality to insure that the normal operation of the utility does not interfere with the use of any portion of the municipal street system or of a municipal extension of a county public road. The municipality may also order the removal and relocation of the utility, equipment, facilities, or appliances where such removal and relocation is made necessary by the construction and maintenance of any part of the municipal street system or municipal extension of a county public road. In so ordering the removal and relocation of a utility, or in performing such work itself, the municipality shall conform to the procedure set forth for the Department in Sections 95A-1002 and 95A-1004 except that when the removal and relocation have been performed by the municipality, it shall certify the expenses thereof for collection to its city attorney; (k) Surveys, maps, specifications. A municipality may provide for surveys, maps, specifications, and other things necessary in supervising, locating, abandoning, relocating, improving, constructing, or maintaining the municipal street system, or any part thereof, or any activities incident thereto or necessary in doing such other work on public roads as the municipality may be given responsibility for or control of by law. Section 95A-504. Incidental powers; authority to adopt rules and regulations. In addition to the powers specifically delegated to it in this Title, a municipality shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient operation and development of the municipal street system, and the provisions of this Title shall be liberally construed to that end. Any such power

Page 1004

vested by law in a municipality, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by a municipality in a reasonable manner, pursuant to such rules, regulations, and procedures as a municipality may adopt and subject to such limitations as may be provided by law. Section 95A-505. Liability for defects. (a) Neglect. A municipality is hereby relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof, or when such defect has not existed for a sufficient length of time for notice thereof to be inferred. (b) State Highway System. A municipality is hereby relieved of any and all liability resulting from or occasioned by defective construction of those portions of the State Highway System or county road system lying within its corporate limits or resulting from the failure of the Department or the county to maintain such roads as required by law unless the municipality constructed or agreed to perform the necessary maintenance of such road. CHAPTER 95A-6 PROPERTY ACQUISITION AND DISPOSITION Section 95A-601. Right to acquire property for public road purposes. Section 95A-602. Acquisition procedures. Section 95A-603. Condemnation for public road purposes; proceeding in rem; protection of the rights of interested persons. Section 95A-604. Petition; contents.

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Section 95A-605. Condemnation by declaration of taking for public road purposes; deposit of funds; title of condemnor. Section 95A-606. Service; notice to tax-collecting authorities and to public; matters of service not to delay work. Section 95A-607. Rule nisi. Section 95A-608. Order of court for payment. Section 95A-609. Declaration of taking effective before judgment; entry of judgment; disposition of funds. Section 95A-610. Filing notice of appeal. Section 95A-611. Interlocutory hearings; bond; reference to special master; interlocutory rulings not reviewable by higher court. Section 95A-612. Appeal to jury; issues; further review. Section 95A-613. Rights of intervention; issue reduced to sole question of just and adequate compensation. Section 95A-614. Rulings upon questions of law. Section 95A-615. Neither appeal nor bond to prevent vesting of title in condemnor. Section 95A-616. Verdict; moulding decree; final judgment; interest. Section 95A-617. Construction of Chapter; other laws not repealed; methods of procedure as cumulative of other methods. Section 95A-618. Authority to substitute, relocate, or abandon public roads. Section 95A-619. Procedure for abandonment.

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Section 95A-620. Authority to dispose of property no longer needed. Section 95A-621. Procedure for disposition of property. Section 95A-622. Property management. Section 95A-623. Relocation assistance for persons displaced by highway projects. Section 95A-624. Federal law to govern in case of conflict; Department to secure benefits of federal programs. Section 95A-601. Right to acquire property for public road and other transportation purposes. Any property may be acquired in fee simple or in any lesser interest, including scenic easements, air space, and rights of access, by a State agency or a county or municipality through gift, devise, exchange, purchase, prescription, dedication, eminent domain, or in any other manner provided by law, for present or future public road or other transportation purposes. Public road purposes shall include, but not be limited to: rights-of-way; detours; bridges; bridge approaches; ferries; ferry landings; overpasses; underpasses; viaducts; tunnels; fringe parking facilities; borrow pits; offices; shops; depots; storage yards; buildings and other necessary physical facilities of all types; roadside parks and recreational areas; the growth of trees and shrubbery along rights-of-way; scenic easements and other aesthetic purposes; drainage, maintenance or safety purposes; the elimination of encroachments, private or public crossings, or intersections; the establishment of limited-access public roads; the relocation of utilities; and any and all other purposes which may be reasonably related to the development, growth, or enhancement of the public roads in Georgia. Property shall not be acquired for future public road purposes, as that term is used in this section, unless: (A) construction will be commenced on the property to be acquired within a period of not less than two years nor more than seven years following the ends of the fiscal year in

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which the Secretary of Transportation of the United States approves an advance of all the necessary funds to the Department for the acquisition of rights-of-way for said construction under authority of the provisions of Title 23, section 108, United States Code, as now or hereafter amended; and (B) the intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following: (1) A substantial monetary savings; (2) The enhancement of the integration of highways with public or private urban redevelopment; or (3) The forestalling of the physical or functional obsolescence of highways. In the process of acquiring property or property rights for any public road purpose, an entire lot, block, or tract of land may be acquired if by so doing the interest of the public will be best served. Section 95A-602. Acquisition procedures. All acquisition of property for public road and other transportation purposes shall proceed under the methods set out in this Chapter and in Title 36 of the Code of Georgia of 1933, as amended. Any instrument which conveys or any order and judgment which vests such property to a State agency, county, or municipality shall be recorded in the name of the agency, county, or municipality in each county wherein the property may lie, notwithstanding the provisions of Section 104 of Title 91, Code of Georgia of 1933. In the case of property acquired by the Department, the instrument or order and judgment shall also be kept in the records of the Department. The provisions of the Act approved April 18, 1967 (Ga. L. 1967, p. 788; Ga. Code Ann. ch. 92-8), shall not apply to property acquired under the authority of this Chapter. (a) By donation, transfer, or devise. The Department or any county or municipality is authorized to accept donations,

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transfers, or devises of land from private persons, from the federal government, or from other State agencies, counties, or municipalities, provided such land is suitable for present or future public road purposes. Any property may be so acquired in fee or any lesser interest, provided the State agency, county, or municipality thereby obtains an interest sufficient to insure reasonable protection of the public investment which it may thereafter make in such land. The instrument which conveys such property shall be recorded in the county or counties where said property lies and, in the case of property acquired by the Department, shall also be kept in the records of the Department. (b) By exchange. Any State agency, county, or municipality, for public road purposes, is authorized to enter into agreements with other State agencies, counties, or municipalities, with the federal government, and with private persons for the exchange of real property or interests therein for public road purposes. Such exchange shall not be consummated unless the exchange serves the best interest of the public, and the property to be acquired in exchange is appraised as equal or greater value than the property to be exchanged. (c) By prescription. Notwithstanding the provision of Section 406 of Title 85 of the Code of Georgia of 1933, any State agency, county, or municipality is authorized to acquire by prescription and to incorporate into its system of public roads any road on private land which has come to be a public road by the exercise of unlimited public use for the preceding seven years or more. (d) By dedication. Any State agency, county, or municipality may acquire rights-of-way or other real property or interests therein by dedication, provided that the property is adequate for public road purposes and serves the best interests of the public, and provided further, that the agency, county, or municipality receives a warranty deed except where the property is acquired from a State or federal agency, county, or municipality in which case, where legally possible, a warranty deed shall be received; but if

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it is not legally possible then a quit claim deed shall be received. (e) Acquisition for Department by county or municipality. When a road is approved as part of the State Highway System, it shall be the duty of the county or municipality through which the road will pass to assist the Department in procuring the necessary rights-of-way as economically as possible, and all expenses thereof shall be paid as provided in section 95A-707: Provided that, whenever the county or municipality acquires property for the Department, title to such property may be acquired in the name of the Department. Section 95A-603. Condemnation for public road purposes; proceeding in rem; protection of rights of interested persons. Whenever any State agency, county, or municipality desires to take or damage private property, including the taking or damaging of scenic easements, air rights, rights-of-access, and other interests in land, for public road purposes in pursuance of any law so authorizing, and shall find or believe, concerning which the decision of the condemning authority shall be final and conclusive, that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy, or that there are or may be persons unknown or nonresident who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein, or that there are minors or persons under disability who are or may be interested therein, or that there are taxes due or that should be paid thereon, or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter, such State agency, county, or municipality, through any authorized representative, either in term time or vacation, may file a proceeding in rem in the superior court of the county having jurisdiction, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. Section 95A-604. Petition; contents. The petition shall set forth the facts showing the right to condemn; the property,

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or other interests therein, to be taken or damaged; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; descriptions of the persons or classes of persons unknown whose rights therein are to be excluded or otherwise affected; and such other facts as are necessary for a full understanding of the cause and shall pray the judgment of the court in accordance with sections 95A-609 or 95A-616. If any of the persons referred to, so far as may be known, are minors or under disability, the fact shall be stated. Section 95A-605. Condemnation by declaration of taking for public road purposes; deposit of funds; title of condemnor. (a) Filing of declaration. Whenever it shall be desired to take or damage private property, including the taking or damaging of scenic easements, air, rights-of-access, and other interests in land, for any public road purpose, the petitioner may institute proceedings in the superior court having jurisdiction and shall file a declaration of taking signed by: the Attorney General of Georgia or his duly authorized assistant Attorney General if seeking to acquire property on behalf of the Department, or the county governing authority if seeking to condemn for county road system purposes, or the municipal governing authority if seeking to condemn for municipal street system purpose and shall declare that said lands are hereby taken for the use of the condemnor, subject to the order of the court hereinafter provided for. Said declaration of taking shall contain or have annexed thereto: (1) A statement of the authority under which, and the public use for which, said lands are taken; (2) A description of the lands taken, sufficient for the identification thereof; (3) A statement of the estate or interest in said lands taken for said public use;

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(4) A plat showing the lands taken; (5) A statement of the sum of money estimated by said condemning authority to be just compensation for the land taken, including consequential damages to land not taken, accompanied by a sworn copy as an exhibit of the appraiser's statement justifying said sum; and (6) A certified copy of an order by the Commissioner if the property is being condemned for the Department, or by the county or municipality if the property is being condemned for the county or municipality, finding that the circumstances are such that it is necessary to proceed in the particular case under the provisions of this Chapter, and specifically authorizing condemnation under the provisions of this Chapter. Such an order of the Commissioner or governing authority shall be conclusive as to the use of the property condemned, as well as the authority to condemn under the provisions of this Chapter. (b) Deposit of estimated compensation; vesting of title. Upon the filing of said declaration of taking and the deposit into court, which deposit shall be made at the time the declaration of taking is filed to the use of the persons entitled thereto, of the sum of money estimated in the declaration by said condemning authority to be just compensation, title to said land in fee simple absolute, or such lesser interest as is specified in said declaration, shall vest in the condemnor and said land shall be deemed to be condemned and taken for the use of the condemnor; and the right to just compensation for the same shall vest in the persons entitled thereto: Provided, however, that nothing herein contained shall be construed so as to deprive the property owner of due process of law as guaranteed to every such person by the Constitution of this State and of the United States. Section 95A-606. Service; notice to tax collecting authorities and to public; matters of service not to delay work.

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Upon the filing of the petition and declaration, the same shall be served in the following manner: (a) Where the owner or owners of such property, or any person having a claim against or interest in the same, are residents of this State, the petition and declaration shall be served upon such persons personally and, in cases where such persons are residents of this State but not of the county in which such property is located, such service shall be by second original, as in other cases; (b) If the owner, or any of the owners, or any person having a claim against or interest in said property, shall be a minor or under any disability whatsoever, such notice shall be served upon his or her personal representative; and, if such personal representative shall be a nonresident of this State, such service shall be made upon the ordinary of the county in which the property is located, who shall appoint a guardian ad litem to represent such minors or persons under disability in said litigation; (c) If there is no personal representative, such notice shall be served personally upon the minor, where such minor is a resident of this State, and, if such minor be not a resident of the county where the property is located, such service shall be by second original, as is provided by law in other cases, and upon the ordinary of the county where such property is located, who shall appoint a guardian ad litem to represent such minor in said litigation; (d) If such ordinary, by reason of interest or other cause, is disqualified, such notice shall be served upon the clerk of the superior court of the county, who shall appoint a guardian ad litem to represent the minor or person under disability; (e) If the property condemned is trust property or property in which remainders have been created, such notice shall be served upon the trustee, and also upon such persons as have an interest under the conveyance and who are of age: Provided, however, that where any of the persons

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to be served are not residents of the county, such service shall be by second original, as in other cases. (f) A copy of said petition and declaration shall be served upon the tax collecting authority of any county or municipality in which such property may be located, who shall make known in writing the taxes due on the property, and the court shall give such direction as will satisfy the same and discharge the lien thereon; (g) In all instances, and in addition to the service hereinbefore provided for, the condemnor shall, at the time of filing the petition and declaration of taking, cause a copy of such proceedings to be posted on the bulletin board at the courthouse; and, in addition thereto, such advertisement shall be published in the official newspaper of the county in which such property is located, which notice shall describe the property taken, so as to identify the same, and shall give the name or names of the owners of such property or persons having an interest in or claims against such property, so far as the same may be known, and such notice shall be published in said newspaper once each week for two weeks subsequent to the filing of such petition and declaration; (h) If a nonresident of this State owns the property condemned, or any interest therein, where such interest be as the owner of the fee or some lesser interest, or any easement, or as a guardian for a minor or a person non compos mentis, or as a trustee, or growing out of similar facts, such nonresident, in the event that his address be known, shall be served with a true and correct copy of the petition and declaration, together with any orders of the court thereon. It shall be the duty of the clerk of the superior court for the county, wherein such condemnation proceeding is pending, to enclose a copy of said petition and declaration in an envelope, properly addressed to such nonresident at his last-known address, and to deposit the same in the United States mail, properly registered and with a return receipt requested; and such clerk shall make a return service, showing these facts, upon the original petition and declaration in such matter, for which he shall be paid the fee he receives

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for like service for each service made, the same to be taxed against the costs in said case. Such certificate of service shall be final and conclusive as to service of said petition upon such nonresident and shall become a part of the record in said matter. Where the address of such nonresident be unknown, whether he be the owner of the property, or a minor, or the trustee or guardian of such minor, or having any other lawful interest in such property, the method of advertising the condemnation of the particular property, as provided for in Section 1117 of Title 36 (Ga. L. 1966, p. 320), and in section 617a of Title 36 (Ga. L. 1966, p. 320), relating to eminent domain procedures before a special master, and in Section 3 of an Act approved March 10, 1966 (Ga. L. 1966, p. 320), relating to the exercise of the power of eminent domain, shall be sufficient service upon such nonresidents, and shall be final and conclusive: Provided, however, that, in that event, it shall be the duty of the condemnor, in filing the petition for condemnation, to certify that the address of such person or persons is unknown to the condemnor; and, whereupon, it shall be the duty of the sheriff of the county wherein such condemnation is pending to inquire into the truth of such allegation, and to enter up a certificate upon such condemnation proceeding, within three days from the filing of the same verifying the truth of such allegation; and this certificate, together with the method of advertising of such condemnation proceedings provided for in the laws and statutes described above, shall be final and conclusive as to lawful service of such petition or condemnation upon such nonresident of this State, and for each such certificate the sheriff shall receive the fee he receives for like service for each such certificate, the same to be taxed as other costs in said case. The foregoing provisions supersede and nullify the provisions of section 36-309 of the Georgia Code of 1933, as to service of such petition by the ordinary, but it is not the intent of this section to repeal the remaining provisions of said section 36-309, but the same shall remain in full force and effect; nor is it the intent of this Section to repeal any provision of the Acts of the General Assembly described

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in section 95A-603, but the only purpose of this Section is to clarify and make more definite and certain the method of service of condemnation proceedings, brought under the provisions of said Acts upon nonresidents of this State; and other methods of service provided for in said Acts shall remain in full force and effect. Provided, however, that this being a proceeding in rem, no provision as to service shall be so construed as to invalidate the intent of the condemnor, or as to delay the taking of the property described in the declaration of taking and in the petition, nor, in any manner, to delay the progress of the work for which the taking was made; and a substantial compliance with the provisions for service, as heretofore set out, shall be deemed sufficient: and, provided further that, at any stage of the cause before final verdict and judgment, the judge of the superior court may order such additional service to be made, additional parties to be named, as may be required by equity and justice; but this shall not be so construed as to invalidate the taking or delay the progress of the work. Section 95A-607. Rule nisi. Upon proper pleadings and evidence, under the applicable rules of law, the judge of the superior court shall have the authority to set aside, vacate, and annul the said declaration of taking, together with any title acquired thereby, in the same way and manner and for the same reasons as is provided by section 709 of Title 37 of the Code of Georgia of 1933, and by section 160 of Title 81A (Ga. L. 1966, p. 609; Ga. L. 1967, p. 226). The power of the court in this respect shall not be construed as extending to a determination of questions of necessity, but there shall be a prima facie presumption that the property condemned is taken for and is necessary to the public use provided for in this Chapter; and such power shall be restricted to the following questions: (a) Fraud or bad faith, as contemplated by said sections 37-709 and 81A-160; (b) The improper use of the powers of this Chapter, such as are not contemplated by the provisions of the Chapter;

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(c) The abuse or misuse of the powers of the Chapter; (d) Such other questions as properly may be raised under the provisions of section 95A-614, including the question of whether or not the Chapter has been invoked in some respect beyond the privileges conferred by the Chapter, or by an unauthorized agency, county, or municipality. If the condemnee shall desire to raise such questions as are heretofore outlined, the same shall be done by proper pleadings, in the form of a petition addressed to the judge of the superior court having jurisdiction thereof, filed in the same proceedings not later than 30 days subsequent to the date of service upon the condemnee of the declaration of taking, and the presiding judge shall cause a rule nisi to be issued and served upon the condemnor, requiring it to show cause before him at a time and place designated by him why the title acquired by the said declaration of taking should not be vacated and set aside in the same way and manner as is now provided for setting aside deeds acquired by fraud. Such hearing shall be had not earlier than 15 days from the time of service of such rule nisi upon the condemnor, nor later than 60 days from the date of filing of said declaration of taking, and with the right of appeal by either party, as in other cases. Section 95A-608. Order of court for payment. Upon the application of the parties in interest, and not earlier than 15 days subsequent to the date of the last advertisement in the official newspaper of the county, as provided for in subparagraph (g) of section 95A-606, the court shall order that the money deposited in the court, or any part thereof applied for, be paid forthwith to the parties found to be entitled thereto, for the just compensation to be awarded in said proceedings: Provided, however, that where the validity of the proceedings has been placed in issue, as provided for in section 95A-607, the court shall not order the payment of the fund to the condemnee pending a final determination of such questions. Upon the filing of a declaration of taking, the court shall have power to fix the time, the same to be not later than

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60 days from the date of the filing of the declaration of taking, as provided in section 95A-605, within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. Section 95A-609. Declaration of taking effective before judgment; entry of judgment; disposition of funds. No judgment of any court, nor order or ruling of the judge thereof, shall be necessary to give effect to the declaration of taking provided for in section 95A-605 but the same shall be self-executing; subject, however, to the power of the court as provided for in section 95A-607. If no appeal is filed, as provided for in section 95A-610, the condemnor shall, at the next term of the superior court convening not earlier than 30 days subsequent to the date of service, as provided for in section 95A-606, or at any time thereafter, pay all accrued court costs in said case to the clerk of the superior court in which the same is pending, at which time the judge of the superior court shall enter up judgment in favor of the condemnee and against the condemnor for the sum of money deposited by the condemnor with the declaration of taking. If such sum has been withdrawn from the court by such condemnee, as provided for in section 95A-608, the clerk of the superior court shall mark such judgment satisfied; and, if the condemnee has not withdrawn such sum, the said clerk shall immediately apply the same to the payment of such judgment and either transmit the same to such condemnee or cause him to be notified that he holds the same subject to his demand. In any event, the case shall be transferred, under the conditions heretofore set out, to the closed docket. Nothing provided for herein shall be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking, as provided for in section 95A-605. Section 95A-610. Filing notice of appeal. If the owner, or any of the owners, or any person having a claim against

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or interest in said property, shall be dissatisfied with the compensation, as estimated in the declaration of taking and deposited in court, as provided for in section 95A-605, such person or persons, or any of them shall have the right, at any time subsequent to the filing of declaration and the deposit of the fund into court but not later than 30 days following the date of the service as provided for in section 95A-606, to file with the court a notice of appeal, the same to be in writing and made a part of the record in the proceedings. Section 95A-611. Interlocutory hearings; bond; reference to special master; interlocutory rulings not reviewable by higher court. An appeal having been filed as provided in section 95A-610, such appellant or appellants, at any time before the beginning of the trial of the issue formed on such appeal, but not later than 90 days after the date of service as provided in section 95A-606, may file in the case a petition for an interlocutory hearing on the issue of whether the amount deposited in court as just and adequate compensation is sufficient. Said petition shall be served as may be directed by the court. Such interlocutory petition shall be verified, and shall state the amount which is claimed by the petitioner to represent just and adequate compensation, together with a sworn, written statement of the facts upon which the claim is based. Upon the presentation of the interlocutory petition to the judge of the court in which the case is pending, the case shall be referred to a special master appointed under the provisions of an Act approved March 13, 1957 (Ga. L. 1957, p. 387; Ga. Code Ann. ch. 36-6A). The special master shall determine from the declaration of taking and the sworn exhibit thereto, the verified interlocutory petition, personal inspection of the property, and other evidence presented at the hearing required by section 5 of an Act approved March 13, 1957 (Ga. L. 1957, p. 387; Ga. Code Ann. section 36-605a), whether the condemnor should be required to deposit any additional amount as estimated compensation, and shall, within 10 days of the date of reference to him, make an interlocutory award based upon such determination. Upon approval of such interlocutory

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award by the court, and service of a copy upon the condemnor, as may be directed by the court, the condemnor shall within 15 days pay into court any additional amount required to be paid by the interlocutory award. Upon the application of the party or parties in interest at any time before a jury verdict on the appeal, the court shall order that the additional money deposited in court be paid forthwith to the parties found to be entitled thereto: Provided, however, that any party or parties receiving any payment of any amount paid into court pursuant to an interlocutory award shall, before receiving such payment, file in the case a bond in the amount of such payment conditioned for the repayment of any amount so received by such party which may be in excess of the amount awarded by the jury upon the trial of the appeal. Such bond shall be executed by a surety company authorized to do business in this State and, in the event the amount awarded by the jury on final trial of the appeal shall be less than the total amount paid into court by the condemnor, judgment may be entered against the principal and surety on said bond for the amount by which the total amount paid into court exceeds the amount awarded by the jury, and if the amount awarded by the jury is less than the original deposit, judgment may be entered against the condemnee for that part of the judgment not covered by the bond. The special master shall be compensated as provided in an Act approved March 13, 1957 (Ga. L. 1957, p. 387; Ga. Code Ann. ch. 36-6A), or any other provision of law. The interlocutory award provided for in this section shall not be subject to exceptions to any higher court, and shall not be vacated or modified after 15 days. Section 95A-612. Appeal to jury; issues; further review. After the notice of appeal has been filed, as provided in section 95A-610, it shall be the duty of the court at the next term thereof which shall convene not earlier than 30 days subsequent to the date of service, as provided for in section 95A-606, to cause an issue to be made and tried by a jury as to the value of the property taken and the

Page 1020

consequential damages to property not taken, with the same right to move for a new trial and file a notice of appeal as in other cases at law, provided an interlocutory award has not become final, as provided in section 95A-611. When such an appeal has been filed pursuant to section 95A-610, all subsequent proceedings thereon shall have the nature of a de novo investigation with the right of either party, under the rules of evidence as provided for in the general laws of this State, to introduce evidence concerning: (1) the fair market value of the property taken or other evidence of just and adequate compensation, (2) the prospective and consequential damages to the remaining property by reason of the taking and use of the property for the purposes for which taken, and (3) the consequential benefits accruing to such remaining property by reason of such taking and use: Provided, such consequential benefits, if any, may be offset against such consequential damages, if any; but, in no event, shall consequential benefits be offset against the value of the property actually taken. Provided further that 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, 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 95A-613. Rights of intervention; issue reduced to sole question of just an adequate compensation. No provision contained in this Chapter in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known his right or claims in the property or in the fund arising therefrom. Any such person claiming an interest or any rights therein may file appropriate pleadings or intervention at any time before verdict and be fully heard thereon. If any person, at any time during the pendency of such proceeding, shall desire to come in and be heard on any claim to the fund or interest therein, he shall be allowed to do so. After the declaration of taking and the payment of the fund into the registry of the court, as provided

Page 1021

for in Section 95A-605, the petitioner shall not be concerned with or affected by any subsequent proceedings, except as to the appeal and interlocutory petition hereinbefore provided for, and concerning which, the sole issue shall be as to the amount of just and adequate compensation; subject, however, to the power of the court as provided for in Section 95A-607. Section 95A-614. Rulings upon questions of law. All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of notice of appeal, if any, shall be passed on by the presiding judge who may, from time to time, in term or vacation, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court. Section 95A-615. Neither appeal nor bond to prevent vesting of title in condemnor. No appeal in any cause under this Chapter nor any bond or undertaking given shall operate to prevent or delay the vesting of title to such lands in the condemnor, subject, however, to the power of the court as provided in section 95A-617. Section 95A-616. Verdict; moulding decree; final judgment; interest. The verdict of the jury shall have respect to the lands described in the declaration of taking, as set forth in Section 95A-605, or such interest therein as may be described in said declaration, or to any separate claim against the property or interest therein, as may be ordered, and may be moulded under the direction of the court so as to do complete justice and avoid confusion of interest. The court shall give such direction as to the disposition of the fund as shall be proper, according to the rights of several respondents. After the verdict of the jury the court shall, in instances where no motion for new trial or notice of appeal is filed within the time provided for by law, or where such verdict has been affirmed by a proper appellate court and the remittitur

Page 1022

from such court has been made the judgment of the superior court, enter up judgment in favor of the condemnee and against the condemnor in the amount of such verdict, together with the accrued court costs, which judgment shall be immediately credited with the sum of money deposited by the condemnor with the declaration of taking, and which shall bear interest as provided herein; and upon the failure or refusal of the condemnor to immediately deposit such increase in such sum into the registry of the court, as well as the accrued court costs, it shall be the duty of said clerk to issue execution therefor. After just and adequate compensation has been ascertained and established by judgment, the said judgment shall include, as part of the just and adequate compensation awarded, interest from the date of taking to the date of payment pursuant to final judgment, at the rate of seven per cent per annum on the amount awarded by final judgment as the value of the property as of the date of taking; but interest shall not be allowed on so much thereof as shall have been paid into the court and was subject to withdrawal by the condemnee without the requirement of posting a bond as required by section 95A-611. Provided, if the condemnee posted said bond and withdrew the additional deposit made after the special master's award, and is later awarded a sum greater than the original deposit but less than the special master's award, said condemnee shall not be entitled to interest on this additional deposit for the time he had use of the money, but he shall be entitled to receive the percentage of the reasonable cost of the bond that the sum awarded over the original deposit bears to the sum of the special master's award over the original deposit. If the condemnee is later awarded a sum that exceeds the special master's award and he has posted bond and withdrawn the additional deposit, he shall not be entitled to interest on this additional deposit for the time he had use of the money but he shall be entitled to the reasonable cost of the bond. No sum so paid into the court shall be charged with commissions or poundage.

Page 1023

In any event, the case shall be transferred, under the conditions heretofore set out, to the closed docket; nor shall anything herein provided for be construed as in any way affecting the title acquired by the condemnor by virtue of the declaration of taking provided for in section 95A-605. Section 95A-617. Construction of Chapter; other laws not repealed; methods of procedure as cumulative of other methods. The provisions of this Chapter shall not be construed as repealing Chapters 36-2 to 36-6 or 36-11 of the Code of Georgia of 1933, nor that certain Act of the General Assembly approved March 13, 1957, p. 387; nor Ga. Code Ann. ch. 36-6A, all prescribing a method of procedure for condemnation of private property, but as supplementary thereto and cumulative thereof in cases where the condemnation is for public road purposes. Section 95A-618. Authority to substitute, relocate, or abandon public roads. Whenever deemed in the public interest, the Department or a county or a municipality may substitute for, relocate, or abandon any public road that is under its respective jurisdiction, provided that a county or municipality shall first obtain the approval of the Department where any expenditure of federal or State funds is thereby required. Section 95A-619. Procedure for abandonment. (a) The Department. Before abandoning any public road on the State Highway System, the Department shall confer with the governing authority of the counties or municipalities concerned, and give due consideration to their wishes in the said abandonment, but in case of disagreement the judgment of the Department shall prevail. When it is determined that a section of the State Highway System has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, and after having conferred with the counties and municipalities, the Department, by certification signed by the Commissioner and accompanied by a plat or sketch, may declare that section of the State Highway System

Page 1024

abandoned. Thereafter, that section of road shall no longer be a part of the State Highway System and the rights of the public in and to the section or road, as a public road, shall cease. Prior to so certifying the abandonment of a road or section thereof, the Department shall give notice of its intentions to the counties or municipalities through which such road passes. If such county or municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed to be abandoned and to maintain such road, the certificate of abandonment shall so state and thereafter the abandoned road shall form part of the county road or municipal street system of the particular county or municipality. Whenever the Department abandons a road and a county or a municipality takes over the road, the Department shall convey, by quit claim deed executed by the Director, such road to the county or municipality. If the appropriate county or municipality is unwilling to take over the road and maintain it, the property may be disposed of by the Department as provided in Section 95A-621: Provided, that if the county or municipality has not indicated its desire to take over the road within 30 days after receiving notice, it shall be conclusively presumed that the county or municipality is unwilling to take over the road, and provided further, that before the Department disposes of the abandoned road it shall give 15 days notice to the county or municipality during which time such county or municipality may reconsider its decision and take over the road. (b) County. When it is determined that a section of the county road system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, the county, by certification recorded in its minutes, accompanied by a plat or sketch and after notice to property owners located thereon, may declare that section of the county road system abandoned. Thereafter, that section of road shall no longer be part of the county road system and the rights of the public in and to the section of road, as a public road, shall cease.

Page 1025

Prior to certifying the abandonment of a road or section thereof, the county shall give notice of its intention to the municipality into which or through which any part of such road passes. If such municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed to be abandoned and to maintain such road, the certification of abandonment shall so state and thereafter that part of the abandoned road within the municipality shall form part of the municipal street system of the particular municipality. Whenever a county abandons a road and a municipality takes over the road the county, by quit claim deed executed by the chairman or presiding officer, shall convey such road to the municipality. If such municipality is unwilling to take over the road and maintain it, the property may be disposed of by the county as provided in section 95A-621: Provided, if the municipality has not indicated its desire to take over the road within 30 days after receiving notice, it shall be conclusively presumed the municipality is unwilling to take over the road: Provided further, that before the county disposes of the abandoned road it shall give 15 days notice to the municipality during which time such municipality may reconsider and take over the road. (c) Municipality. When it is determined that a section of the municipal street system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, the municipality, by certification recorded in its minutes, accompanied by a plat or sketch and after notice to property owners located thereon, may declare that section of the municipal street system abandoned. Thereafter, that section of road shall no longer be a part of the municipal street system and the rights of the public in and to that section of street, as a public road, shall cease. The property may be disposed of by the municipality as provided in section 95A-621. Section 95A-620. Authority to dispose of property no longer needed. Whenever any property has been acquired in any manner by the Department, a county, or a municipality for public road purposes and thereafter the Department,

Page 1026

county, or municipality determines that all or any part of said property or any interest therein is no longer needed for such purposes because of changed conditions, the Department or said county or municipality is hereby authorized to dispose of such property or such interest therein in accordance with the provisions of section 95A-621: Provided, that any disposition of property acquired for utility relocation, as provided in section 95A-1003, or on which utilities are located, shall not be subject to the provisions of section 95A-621: Provided further, that no provision of this Title shall be construed to prevent the Department from conveying to the federal government land or interests in land acquired for federal parkways in the State of Georgia, as provided in an Act approved April 28, 1969 (Ga. L. 1969, p. 982, Ga. Code Ann. ch. 95-28). Section 95A-621. Procedure for disposition of property. (a) Option to owner of property at time of acquisition or his successor in interest. In disposing of property, as authorized under section 95A-620, the Department, a county, or a municipality, shall notify the owner of such property at the time of its acquisition, or his successor in interest, in writing or by publication, if his address is unknown, and he shall have an option to reacquire such property as provided herein. Publication, if necessary, shall be in a newspaper of general circulation in the county where such property is located. When an entire parcel or any interest therein is being disposed of, it may be reacquired under such option at such price as may be agreed upon but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be so reacquired by the original owner or his successor in interest at the market value thereof at the time the Department, county, or municipality decides the property is no longer needed. If such option is not exercised within sixty (60) days after due notice, the Department, county, or municipality may proceed to sell such property as provided in subsection (b).

Page 1027

(b) Public sale; advertisement. Such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for two weeks for such bids. The Department or the county or municipality shall have the right to reject any and all bids in its discretion, to readvertise, or to abandon the sale. Such public advertisement shall be inserted once a week in such newspapers, or other publication, or both, as will insure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include, but not be limited to, the following items: (1) A description sufficient to enable the public to identify the property; (2) The time and place for submission and opening of sealed bids; (3) The right of the Department or the county or municipality to reject any one or all of the bids; (4) All the conditions of sale; and (5) Such further information as the Department or the county or municipality may deem advisable as in the public interest. (c) Conveyance of property; proceeds of sale. Any conveyance of property shall require the approval of the Department, county, or municipality, by order of the Commissioner on behalf of the Department, and in the case of a county or municipality, by resolution to be recorded in the minutes of its meeting. If the Department or the county or municipality approves a sale of property, then the Commissioner, chairman, or presiding officer, may execut a quit claim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller.

Page 1028

Section 95A-622. Property management. In order that any interest in real property acquired for public road purposes may be used most economically, the Department, counties, or municipalities in addition to the authority granted in section 95A-620 to dispose of property no longer needed and in section 95A-602(b) to exchange property, may, notwithstanding the provisions of an Act approved February 21, 1964 (Ga. L. 1964, p. 46, Ga. Code Ann. ch. 91-1A), improve, use, maintain, or lease any interest in property acquired for public road purposes that is not presently needed for public road purposes. If the Department, a county, or a municipality decides to lease any such property, or interest therein, the owner of such property at time of acquisition, or his successor in interest, shall have the right to lease such property at a price equal to the highest sealed public bid if the bid is acceptable to the Department, county, or municipality: Provided, however, the Department, county, or municipality may negotiate a lease for the rental of any residential property at an appraised fair market value to be determined by the Department, county, or municipality where the estimated rental for one year at such fair market value does not exceed $3,000; and provided further, the owner of such property at the time of its acquisition or his successor in interest shall have the first right to lease such property at the appraised fair market value unless at the time of its acquisition such residential property was leased to a tenant, in which case said tenant, instead of the former owner, shall have the first right to lease such property at the appraised fair market value. If no bids, or bids which are insufficient, are received, then the Department, county, or municipality may negotiate a lease with said former owner or his successor in interest or may readvertise for new public bids. The Department, county, or municipality may negotiate a lease with any State or federal agency, county, or municipality without the aforesaid requirement of sealed bids or leasing to the former owner. The Department, county, or municipality shall have the right to impose reasonable restrictions, terms, or conditions on the use of such leased property.

Page 1029

Unless said property or interest therein is leased to a taxexempt person or body, it shall be subject to all applicable taxes, both real and personal. Section 95A-623. Relocation assistance for persons displaced by federal-aid highway project. (a) The Department, as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, 2nd Sess. (1) Section 210, thereof, shall make or approve payments for relocation expenses and replacement housing expenses and shall provide relocation assistance advisory services for any person, family, business, farm operation, or non-profit organization displaced by federal-aid highway project in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the Department and; (2) Section 305(2), thereof, shall make or approve payments to any person, family, business, farm operation, or non-profit organization whose real property has been acquired by the Department or is subject to a condemnation proceeding brought by the Department for any federal-aid highway project in the State, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the Department: (A) for expenses incident to the transfer of real property acquired by the Department, prepayment of mortgage penalties, and a pro rata portion of real property taxes on real property acquired by the Department; (B) for litigation expenses actually incurred by the condemnee in any condemnation proceeding brought by the Department if the final judgment is that the Department cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the Department; or

Page 1030

(C) for litigation expenses incurred by the plaintiff in any inverse condemnation proceeding brought against the Department and in which judgment is rendered in favor of the plaintiff. (b) In acquiring real property for any federal-aid highway project to be placed on the State Highway System, the costs of which are financed in whole or in part from federal funds allocated to the Department, 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 91-616, 91st Congress, approved January 2, 1971, and shall, to the greatest extent practicable, be guided by the following 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

Page 1031

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 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; and (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. (c) In acquiring property for any federal-aid highway project to be placed on the State Highway System the costs of which are financed in whole or in part from federal funds allocated to the Department, the Department shall be guided by the land acquisition policies relating to buildings, structures, and improvements, specified by section 305(1) of

Page 1032

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: (1) Notwithstanding any other provision of the 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 (a) of this subsection, 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 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 subsection 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. (d) Nothing contained in this section shall be construed as creating in any condemnation proceeding brought under

Page 1033

the power of eminent domain, any element of value or of damage. Section 95A-624. Federal law to govern in case of conflict; Department to secure benefits of federal programs. Nothing in this Chapter is intended to conflict with any federal law and, in case of such conflict, such portion as may be in conflict with such federal law is hereby declared of no effect to the extent of the conflict. The Department is hereby authorized to take the necessary steps to secure the full benefit of any federal-aid program and to meet any contingencies not provided for in this Chapter, abiding at all times by a fundamental purpose to plan, construct, reconstruct, and maintain, as economically as possible, the public roads of Georgia which will best promote the interest, welfare, and progress of the citizens of the State of Georgia. CHAPTER 95A-7. FINANCE ARTICLE I FEDERAL FUNDS Section 95A-701. Receipt of federal funds. Section 95A-702. Appropriation of federal funds. ARTICLE II STATE PUBLIC TRANSPORTATION FUND Section 95A-703. Definition. Section 95A-704. Priority of expenditures from State Public Transportation Fund. Section 95A-705. Other expenditures from State Public Transportation Fund.

Page 1034

Section 95A-706. Limitation on expenditures from State Public Transportation Fund. Section 95A-707. Procuring rights-of-way for State Highway System. Section 95A-708. Reimbursement to counties not begun within seven years. ARTICLE I FEDERAL FUNDS Section 95A-701. Receipt of federal funds. The Director of the Fiscal Division of the Department of Administrative Services is designated the proper authority of the State of Georgia to receive any of the federal-aid funds apportioned by the federal government under the provisions of Title 23, United States Code, and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes. If any provisions of this Chapter are inconsistent with or contrary to any laws, rules, regulations or other requirements of the United States Department of Transportation and/or other federal agencies, the Department is hereby authorized and empowered to waive such provisions of this Chapter in order to resolve any such inconsistency or conflict, it being the purpose of this Chapter to enable the Department to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction and/or maintenance of public roads of the State of Georgia. Section 95A-702. Appropriation of federal funds. All federal funds received by the Director of the Fiscal Division under the provisions of section 95A-701 are continually appropriated to the Department for the purpose specified in the grants of such funds, provided that no federal funds or funds appropriated to the Department shall be expended for procurement of rights-of-way for a road to be constructed

Page 1035

on a county road system, except as otherwise provided by law or by agreement between the federal government and the Department. ARTICLE II STATE PUBLIC TRANSPORTATION FUND Section 95A-703. Definition. As used in this Chapter, the State Public Transportation Fund shall mean that money the expenditures of which are controlled and supervised by the Department by virtue of section 95A-302(b). Section 95A-704. Priority of expenditure from State Public Transportation Fund. Subject to the restrictions on expenditures imposed by section 95A-706, the State Public Transportation Fund shall be expended by the Department in the order specified herein: (a) First, to pay the rentals on lease contracts entered into pursuant to authority of Article VII, Section VI, Paragraph I(a) of the Constitution of Georgia (Ga. Code Ann. Section 2-5901(a)); (b) Next, to pay the costs of operating the Department and for any emergencies or unusual situations; (c) Next, to pay the costs necessary to comply with the conditions of federal-aid apportionments to the State of Georgia for the planning, surveying, constructing, paving, and improving of the public roads in Georgia; (d) Next, a sum equal to at least 15% of the State Public Transportation Fund, said sum to be used as follows: (1) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the State Highway System;

Page 1036

(2) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the State Highway System; and (3) The remaining one-third to pay all or part of the costs of the planning, surveying, constructing, reconstructing, paving, and improving of the public roads of Georgia determined by the Department to be most in need of such work; (e) After the requirements set out in the foregoing subsections have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the State Highway System, for maintaining roads within and leading to State Parks, and for construction of public roads by Department forces. Section 95A-705. Other Expenditures from State Public Transportation Fund. Expenditures from the State Public Transportation Fund may be made under such conditions as the Department may provide for streets, driveways, and parking areas located upon the property of and serving: (1) Public schools; (2) Colleges of the University system; (3) State agencies and governments of political subdivisions and; (4) Hospitals constructed with the assistance of financial grants from the federal government, authorized by Title 42, Chapter 6A, Subchapter IX, United States Code, as amended. Section 95A-706. Limitations on expenditures from State Public Transportation Fund. Notwithstanding the provisions of the preceding section, except as expressly authorized elsewhere in this Title, no funds from the State Public Transportation Fund shall be expended for the construction or maintenance of: (a) Private driveways, roads, or bridges, or; (b) Public roads that have since been abandoned. Section 95A-707. Procuring rights-of-way for State Highway System. Whenever property is acquired under the provisions

Page 1037

of section 95A-602(e), all expenses of the acquisition thereof, including the purchase price and all direct and consequential damages awarded in any proceeding brought to condemn any such right-of-way, shall be paid by the county in which such right-of-way or portion thereof is situated, or where it lies within the limits of a municipality, acquisition expenses shall be paid by such municipality unless the county concerned agrees to procure such right-of-way on behalf of the municipality: Provided, that nothing contained in this section shall prevent the Department from using the State Public Transportation Fund to acquire such right-of-way, to pay any damage awarded on account of the location of any road that is a part of the State Highway System, or to assist a county or municipality in so doing: Provided further, that nothing in this section shall be construed to authorize an expenditure from the State Public Transportation Fund for the procurement of right-of-way for a road to be constructed on a county road system or municipal street system, except as otherwise provided by law or by agreement between the federal government and the Department. Section 95A-708. Reimbursement to counties and municipalities for rights-of-way where construction not begun within seven years. The Department shall be required to reimburse any county or municipality of this State the sums actually expended by it in accordance with the provisions of section 95A-602(e) where construction on the right-of-way so acquired by the county or municipality has not been begun within seven years from the date title to such right-of-way was acquired in the name of the Department. CHAPTER 95A-8. CONTRACTS Part I Department of Transportation ARTICLE I AUTHORITY TO CONTRACT Section 95A-801. Authority to contract; form and content of contract.

Page 1038

Section 95A-802. Limitations on authority to contract. Section 95A-803. Approval of contracts. Section 95A-804. Execution of contracts. ARTICLE II BIDDING REQUIREMENTS Section 95A-805. Public bids required. Section 95A-806. Advertisements. Section 95A-807. Prequalification of bidders. Section 95A-808. Charge for proposals. Section 95A-809. Proposal guaranty. Section 95A-810. Award of contract. Section 95A-811. Performance and payment bonds. Section 95A-812. Failure to execute contract. Section 95A-813. Contractor's oath. Section 95A-814. Supplemental and extension agreements. Section 95A-815. Federal law to govern in case of conflict. Part II Counties ARTICLE I AUTHORITY TO CONTRACT Section 95A-816. Definitions. Section 95A-817. Authority to contract; form and content of contract. Section 95A-818. Intergovernmental contracts.

Page 1039

ARTICLE II BIDDING REQUIREMENTS Section 95A-820. Public bids required. Section 95A-821. Advertisements. Section 95A-822. Charge for proposals. Section 95A-823. Proposal guaranty. Section 95A-824. Award. Section 95A-825. Performance and payment bonds. Section 95A-826. Bridge repair bond. Section 95A-827. Liability of county for failure to take bond. Section 95A-828. Failure to execute contract. Part III Municipalities ARTICLE I AUTHORITY TO CONTRACT Section 95A-831. Definitions. Section 95A-832. Authority to contract; form and content of contract. Section 95A-833. Intergovernmental contracts for public road work. Section 95A-834. Limitations on authority to negotiate contracts.

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ARTICLE II BIDDING REQUIREMENTS Section 95A-835. Public bids required. Section 95A-836. Advertisement. Section 95A-837. Charge for proposals. Section 95A-838. Proposal guaranty. Section 95A-839. Award of contract. Section 95A-840. Performance and payment bonds Section 95A-841. Effect of failure to take bond. Section 95A-842. Failure to execute contract. Section 95A-843. Contractor's oath. Section 95A-844. Applicability of other laws. Part I Department of Transportation ARTICLE I AUTHORITY TO CONTRACT Section 95A-801. Authority to contract; form and content of contract. The Department shall have the authority to contract as set forth in this Chapter and in section 95A-302 of this Title. All Department construction contracts shall be in writing and such contracts for the construction of a public road shall include as a cost of the project provisions for sowing vegetation, if appropriate, on all banks, fills, cuts, ditches, and other places where soil erosion is likely to result from the necessary incidents to road work along the right-of-way of the road project.

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Section 95A-802. Limitations on authority to contract. (a) Appropriation anticipation. The Department is 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 obligation; 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 Ann. Section 2-5901), and the provisions of Article VII, Section IX, Paragraph II (e) (Ga. Code Ann. Section 2-6202 (e), of the Constitution of Georgia; and the Department is 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 appropriated to the Department for activities incident to providing and maintaining an adequate system of public roads in the State, and the cost incident thereto may be pledged by the Department. (b) Lease contracts. (1) The Board shall not enter into any lease contract if: (A) the aggregates of all lease rentals from that and all other such lease contracts including the contract or contracts proposed to be entered into exceeds $19,900,000 per annum, or 15 per cent of the funds appropriated to the Department in the fiscal year immediately preceding the entering into any such lease rental contract, whichever is greater; or (B) such lease contract constitutes security for bonds or other obligations issued by the lessor. (2) The execution of any lease contract is prohibited until the General Assembly has specifically provided funds in an appropriations Act for the payment of at least one year's rental under such contract. (c) Purchasing and procurement contracts. The Department is prohibited from entering into any contract for the purchase of supplies, materials, and equipment, except as authorized by (1) an Act approved April 4, 1967 (Ga. L. 1967,

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p. 381, Ga. Code Ann. Section 40-2001), authorizing the Department to purchase passenger-carrying trucks; or (2) the provisions of Chapter 40-19 of the Code of Georgia of 1933, known as the Chapter Creating the Supervisor of Purchases, as amended. (d) Negotiated construction contracts. (1) The Department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $5,000 or more except contracts: (A) With counties, municipalities, State agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contracts; (B) With a railroad company or utility concerning relocation of its tracks or facilities, where the same are not then located on a public road and such relocation is necessary as an incident to the construction or improvement of a public road: Provided that nothing contained in this subsection shall be construed as requiring the Department to furnish a site or right-of-way for railroad or railway lines or tracks or utility facilities required to be removed from a public road: Provided further, that this subsection shall not prevent the Department from assisting the removal and relocation of publicly owned utilities from locations on public roads as provided in Section 95A-1001: or (C) For emergency construction or maintenance involving the expenditure of $5,000 or more when the public interest requires that the work be done without the delay to advertising for public bids. (2) A Department contract negotiated and made with a political subdivision, as authorized by subsection (d) (1) (A) of this section, may be subcontracted to any person or political subdivision. It may be performed with convict labor (except in the case of a public work constructed with federal aid) or the forces of such political subdivision or those of a political subdivision to which such contract has been subcontracted.

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However, the Department shall have the authority to furnish planning, contract plans, specifications, and engineering supervision over a public road being constructed by a political subdivision or by its subcontractor. Any subcontract made under authority of this subsection shall not constitute the basis of any claim against the Department nor shall such subcontract be considered an assignment of the rights of the political division under its contract with the Department. (e) Prohibition against assuming duties of maintenance of public roads not on State Highway System. Except for public roads within and leading to State Parks the Department is prohibited from maintaining any public road not on the State Highway System. Any Department contract with a State agency or political subdivision for construction of a public road not then, nor to become upon completion of the contract, part of the State Highway System or a road within or leading to a State Park shall not relieve the agency or the political subdivision of the responsibility for maintaining such public road as such duty is imposed herein and by sections 95A-401 and 95A-501. Section 95A-803. Approval of contracts. The advertising of all non-negotiated Department construction contracts shall have the prior approval of the Board. When the Board is not in session the Commissioner may approve negotiated construction contracts. In determining public roads most in need of work thereon and also the type, class, width, location, and order of priority of each project, the Board shall take into consideration such factors as the use of the public road in question, the present need and anticipated development of the area traversed by it, and whether or not it is a school bus or mail route, as well as its use for agricultural or industrial purposes, together with the information disclosed by the records required by Chapter 95A-2 of this Title to be maintained by the Department. Section 95A-804. Execution of contracts. The Commissioner shall have full authority to execute contracts and authority lease agreements on behalf of the Department whenever such contracts or agreements have been approved as and when required by this Title.

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ARTICLE II BIDDING REQUIREMENTS Section 95A-805. Public bids requested. Except as authorized by section 95A-802(d), all Department construction and maintenance contracts shall be let by public bid. Section 95A-806. Advertisements. (a) Publication. On all contracts required to be let by public bid, the Commissioner shall advertise for competitive bids for at least two weeks; the public advertisement shall be inserted once a week in such newspapers, or other publications, or both, as will insure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. (b) Content. Such advertisement shall include, but not be limited to, the following items: (1) A description sufficient to enable the public to know the approximate extent and character of the work to be done; (2) The time allowed for performance; (3) The terms and time of payment, including a statement that final payment of amounts withheld or deposited in escrow need not be made until the State Highway Engineer's Certification of satisfactory completion of work and acceptance thereof, as provided in an Act approved April 10, 1971 (Ga. L. 1971, p. 635); (4) Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained; (5) The amount of the required proposal guaranty; (6) The time and place for submission and opening of bids;

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(7) The right of the Department to reject any one or all bids; and (8) Such further notice as the Department may deem advisable as in the public interest. Section 95A-807. Prequalification of bidders. In order to establish a list of reliable persons qualified to bid on a Department contract or to subcontract with such persons, and to insure that the contract may be awarded to the lowest reliable bidder, the Department may adopt and publish uniform and reasonable rules and regulations which may include, but not be limited to, the following: (a) A requirement that every contractor desiring to be qualified to bid or subcontract file with the Department an application including, among other information: a financial statement; a complete questionnaire regarding the contractor's organization and the work performed by such contractor; and a statement of equipment owned or leased by such contractor; (b) Conditions under which a contractor or subcontractor may become disqualified to bid, or to subcontract; (c) Procedures for assigning maximum capacity ratings to contractors and subcontractors; and (d) Provisions for waiving prequalification of contractors for construction of specialty items. For the purpose of this subparagraph specialty items shall mean work that requires highly specialized knowledge, craftsmanship or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole. Section 95A-808. Charger for proposals. A bidder shall be required to pay to the Department a reasonable sum, sufficient to cover the cost to the Department of copies of the bid proposal form of the Department, the Standard Specifications

Page 1046

of the Department, and the plans of the contract, if such plans are required because the particular contract calls for construction. Section 95A-809. Proposal guaranty. (a) Amount. No bid will be considered by the Department unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the Treasurer of the Department for an amount deemed by the Department in the public interest necessary to insure that the successful bidder will execute the contract on which he bid. (b) Return. A proposal guaranty will be returned to a bidder upon receipt by the Department of the bidder's written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by the Department of the lowest reliable bidder, the Department will return the proposal guaranties to all bidders except that of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the Department and the successful bidder agree in writing to a longer period of time. Section 95A-810. Award of contract. The Department shall award the contract to the lowest reliable bidder where at least two or more bids have been received from reliable bidders: Provided, the Department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the Department may readvertise, perform the work itself, or abandon the project. Section 95A-811. Performance and payment bonds. Where the contract price exceeds $5,000, no Department construction contract shall be valid unless the contractor first shall give:

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(1) the performance and payment bonds required by the Act approved February 27, 1956 (Ga. L. 1956, p. 340, Ga. Code Ann. section 23-1705), as amended; and (2) such other bonds or insurance policies required by the Department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies. Section 95A-812. Failure to execute contract. If the successful bidder fails to sign the contract or furnish the bonds or policies required by the preceding section, the proposal guaranty will become the property of the Department as liquidated damages. The contract then may be readvertised or the project may be abandoned. Section 95A-813. Contractor's oath. A successful bidder, before commencing the work, shall execute a written oath, as required by Title 23, section 1711 of the Code of Georgia of 1933, stating that he has not violated Title 23, section 1710 of the Code of Georgia 1933, which makes it unlawful to restrict competitive bidding. Section 95A-814. Supplemental and extension agreements. The Department shall be authorized to execute supplemental agreements to said original contract covering changes and/or revised or new unit prices and items and supplementing the original contract not to exceed a 20 per cent increase in cost of the project and to execute extention agreements affecting the length of the project which may be increased by adding sections of said project or by relocation of said project not to exceed 20 per cent of the total length of the project or 20 per cent of total contract cost. Section 95A-815. Federal law to govern in case of conflict; Department to secure benefits of federal program. Nothing in this Chapter is intended to conflict with any federal law, and in case of such conflict such portion as may be in conflict with such federal law is hereby declared of no effect to the extent of the conflict. The Department is hereby authorized to take the necessary steps to secure the full benefit of the federal aid program and to meet any contingencies

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not provided for in this Chapter, abiding at all times by a fundamental purpose to plan, survey, construct, reconstruct, maintain, improve, and pave as economically as possible, the public roads of Georgia which, under the terms of this Chapter, are most in need of such construction or work and will best promote the interest, welfare, and progress of the citizens of the State of Georgia. Part II Counties ARTICLE I AUTHORITY TO CONTRACT Section 95A-816. Definition. As used in Part II of this Chapter, the word contract has the following meaning: A contract or subcontract entered into by a county with any person, with the State or federal government or an agency of either, with another county or counties, with a municipality or municipalities, or any combination of the foregoing entities, for the construction, reconstruction, or maintenance of all or part of a public road, including but not limited to a contract for the purchase of materials, the hiring of labor, for professional services, or for other things or services incident to such work. Section 95A-817. Authority to contract; form and content of contract. A county shall have the authority to contract as set forth in this Chapter and in Section 95A-402(a) of this Title. Any contract for work on all or part of the county road system shall be in writing, and shall be approved by resolution which shall be entered on the minutes of such county. Section 95A-818. Intergovernmental contracts for public road work. (a) General. Subject to the limitations of this section, in addition to the Authority to contract with a private contractor,

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a county may enter into a contract with the State, a State agency, another county or municipality, or with any combination or number of the foregoing entities for work on any public road system of the State of Georgia. (b) Contracts of such county with State agencies. Such a contract with a State agency is subject to the limitations of section 95A-802 of this Title, including the cost of the negotiated contract, and the right of the Department to supervise performance of the contract. (c) Contracts with adjoining counties. A county shall have authority to enter into a contract with adjoining counties for the joint work on a road constituting a part of the county road system of those counties parties to such contract. (d) Contracts with incorporated municipalities of a county. A county shall have the authority provided in section 95A-833 (b) of this Title to contract with a municipality and expend funds for work on public roads within a municipality in said county. Section 95A-819. Limitations on authority to negotiate contracts. A county is prohibited from negotiating a contract except one: (a) involving the expenditure of less than $5000; (b) with a State agency or county or municipality, with which a county is authorized to contract in accordance with the provisions of the preceding two sections; (c) for the purchase of those materials, supplies, and equipment necessary for the county's construction and maintenance of its public roads and to support and maintain the county's forces used in such work, as authorized by Section 1704, Title 23, Code of Georgia of 1933, as amended; (d) subject to the provisions of Chapter 95A-10 of this Title, with a railroad or railway company or publicly or privately owned utility concerning relocation of its line,

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tracks, or facilities, where the same are not then located in a public road and such relocation or grade crossing elimination is necessary as an incident to the construction of a new public road, or to the reconstruction or maintenance of an existing public road: Provided that nothing contained in this subsection shall be construed as requiring a county to furnish a site or right-of-way for railroad or railway lines or tracks of public utility facilities required to be removed from a public road; (e) for engineering or other kinds of professional or specialized services; (f) for emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or (g) otherwise expressly authorized by law. ARTICLE II BIDDING REQUIREMENTS Section 95A-820. Public bids required. Except as authorized by Section 95A-819, all contracts shall be let by public bid. Section 95A-821. Advertisements. (a) Publication. Notwithstanding any provision of Chapter 17, Title 23 of the Code of Georgia of 1933 and of any other provision of law to the contrary, on all contracts to be let by public bid a county shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week for two weeks in such newspaper wherein the county sheriff's sales are advertised or in such other newspapers or publications, or both, as will insure adequate publicity, the first insertion to be two weeks prior to the opening of the sealed bids, the second, to follow one week after the publication of the first insertion.

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(b) Content. Such advertisement shall include, but not be limited to, the following: (1) A description sufficient to enable the public to know the approximate extent and character of the work to be done; (2) The time allowed for performance; (3) The terms and time of payment; (4) Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained; (5) The amount of the proposal guaranty, if one is required; (6) The time and place for submission and opening of bids; (7) The right of the county to reject any one or all bids; and (8) Such further notice as the county may deem advisable as in the public interest. Section 95A-822. Charge for proposals. A county may require each bidder to pay a reasonable sum sufficient to cover the cost to the county, where applicable, of the bid proposal form, the contract, and its specifications. Section 95A-823. Proposal guaranty. (a) Amount. No bid will be considered by a county unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the county for an amount deemed by the county in the public interest necessary to insure that the successful bidder will execute the contract on which he bid. (b) Return. A proposal guaranty will be returned to a bidder upon receipt by the county of the bidder's written

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withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by a county of the lowest reliable bidder, the county will return the proposal guaranties to all bidders except that of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the county and the successful bidder agree in writing to a longer period of time. Section 95A-824. Award. Where a contract has been let for bid, the county, by resolution entered in its minutes, shall award the contract to the lowest reliable bidder. Provided the county shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, may readvertise, perform the work itself, or abandon the project. Section 95A-825. Performance and payment bonds. Notwithstanding any provision of section 1704, Title 23 of the Code of Georgia of 1933 to the contrary, when the price of a contract let to bid is $5000 or more, no contract of a county shall be valid unless the contractor first shall give: (a) a bond in the amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time; (b) the payment bond required by section 1705 (2), Title 23, Code of Georgia of 1933; and (c) such other bonds required by the county in its advertisement for bids including, but not limited to, public liability and property damage insurance bonds. Section 95A-826. Bridge repair bonds. Where the contract relates to the construction of, or reconstruction of all or a part of a bridge, the county or counties affected may require the successful contractor to add to the conditions of the performance bond required under section 95A-825(a), the following condition: To keep said bridge in good condition for a period of not less than seven years. The term bridge as used in this section shall include the approaches to such bridge within 50 feet of either end except when the

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bridge itself measures 100 feet or more and in said event within 100 feet of either end of said bridge. Section 95A-827. Effect of failure to take bond. (a) Payment bond. If the payment bond required by Section 95A-825(b) is not taken, the county then shall be liable for losses to subcontractors, laborers, and materialmen and other persons as provided in section 1706, Title 23, Code of Georgia of 1933, as amended, for loss to them resulting from failure to take such bond. (b) Bridge repair bond. If the condition of bridge repair authorized by section 95A-826 to be added to the performance bond is not taken, the contracting county or counties shall be primarily liable for all injuries caused by reason of any defective bridge for damages occurring within seven years of the contractor's work on the bridge and its acceptance by the county or counties: Provided the county shall be discharged from all liability upon the inclusion in the performance bond of the aforesaid bridge repair condition. (c) Freedom of county governing authority from personal liability. Nothing in this section shall be construed so as to impose personal liability on the county governing authority. Section 95A-828. Failure to execute contract. If the successful bidder fails to sign the contract or furnish the bonds required under authority of the preceding Section, his proposal guaranty, if one had been required by the county, will become the property of the county as liquidated damages. The contract then may be readvertised, performed with county forces, or the project abandoned. Section 95A-829. Contractor's oath. A successful bidder, before commencing the work, shall execute a written oath, as required by Section 1711 of Title 23 of the Code of Georgia of 1933, stating that he has not violated section 1710 of Title 23 of the Code of Georgia 1933, which makes it unlawful to restrict competitive bidding.

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Section 95A-830. Applicability of other laws. Unless the provisions of Part II of this Chapter indicate to the contrary, the provisions of Chapter 17, Title 23, of the Code of Georgia of 1933, as amended, shall apply thereto, and the words public works, as used in said Chapter 17 in Part II of this Chapter, shall be construed to include public roads, as defined in section 95A-104 of this Title. PART III MUNICIPALITIES ARTICLE I AUTHORITY TO CONTRACT Section 95A-831. Definitions. As used in Part III of this Chapter, the word contract shall have the following meaning: A contract or subcontract entered into by a municipality with any person, the State or Federal government or an agency of either, with another municipality or municipalities, with a county or counties, or any combination of any of the foregoing entities, for the construction, reconstruction, or maintenance of all or part of a public road in said municipality, including but not limited to one for the purchase of materials, for the hiring of labor, for professional services, or for other things or services incident to such work. Section 95A-832. Authority to contract; form and content of contract. A municipality shall have the authority to contract as set forth in this Chapter and in Chapter 95A-5 of this Title. Any contract for work on all or part of the municipal road system shall be in writing, and be approved by resolution which shall be entered on the minutes of such municipality. Section 95A-833. Intergovernmental contracts for public road work.

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(a) Contracts with State agencies. A contract with a State agency is subject to those limitations of sections 95A-802(d) (1) (A) and 95A-802 (d) (2). (b) Contracts. (1) A municipality may contract with any county in which part of said municipality lies for the construction and maintenance of a public road within the limits of such municipality. (2) In such contract, the county may agree to use any county funds available for the construction and maintenance of roads in such county, including funds derived from general obligation bonds issued after approval in a county-wide election, to pay the costs, in whole or in part, of the construction or maintenance of such public road. (3) In such contract, the municipality may agree to use any funds available for the construction and maintenance of roads in such municipality, together with any funds the municipality may collect pursuant to its power to assess any part of its share of the cost of such contract against abutting and adjoining property and the owners thereof according to the provisions of Title 69, Chapter 4 of the Code of Georgia 1933, as amended, as if the municipality were performing the work alone, unless the terms of such assessment shall be in violation of the municipality's charter, an ordinance of the municipality, or a general law of the State. (4) The work under such contract may be performed either by county or municipal forces or by a contractor employed by either, or jointly. Section 95A-834. Limitations on authority to negotiate contracts. A municipality is prohibited from negotiating a contract except one: (a) involving the expenditure of less than $5,000; (b) with a State agency or political subdivision as authorized by sections 95A-832 and 95A-833;

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(c) with a railroad or railway company or publicly- or privately-owned utility as authorized by the provisions of Chapter 10; (d) for engineering or other kinds of professional or specialized services; (e) for emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or (f) otherwise expressly authorized by law. ARTICLE II BIDDING REQUIREMENTS Section 95A-835. Public bids required. Except as authorized by section 95A-834, all contracts shall be let by public bid. Section 95A-836. Advertisement. (a) Publication. Notwithstanding any provision of Section 408, Title 69 of the Code of Georgia of 1933 to the contrary, on all contracts to be let by public bid a municipality shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week in such newspapers, wherein the county sheriff's sales are advertised or in such newspapers or other publications, or both, as will insure adequate publicity, the first insertion to be at least two weeks prior to the opening of the sealed bids, the second to follow one week after the first publication. (b) Content. Such advertisement shall include, but not be limited to, the following: (1) A description sufficient to enable the public to know the approximate extent and character of the work to be done;

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(2) The time allowed for performance; (3) The terms and time of payment; (4) Where and under what conditions and costs the detailed plans and specifications and proposal forms may be obtained; (5) The amount of the proposal guaranty, if one is required; (6) The time and place for submission and opening of bids; (7) The right of the municipality to reject any one or all bids; and (8) Such further notice as the municipality may deem advisable as in the public interest. Section 95A-837. Charge for proposals. A municipality may require each bidder to pay a reasonable sum sufficient to cover the cost to the municipality, where applicable, of the bid proposal form, the contract, and its specifications. Section 95A-838. Proposal guaranty. (a) Amount. A municipality may require that each bid on a particular contract, as a prerequisite to the bid being considered, be accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the municipality for an amount deemed by the municipality in the public interest necessary to insure that the successful bidder will execute the contract on which he bid. (b) Return. Such proposal guaranty will be returned to a bidder upon receipt by the municipality of the bidder's written withdrawal of his bid if such receipt is before the time scheduled for the opening of bids. Upon the determination by the municipality of the lowest reliable bidder, the municipality will return proposal guaranties to all bidders except

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the proposal guaranty of the lowest reliable bidder. If no contract award is made within 30 days after the date set for the opening of bids, all bids shall be rejected and all proposal guaranties shall be returned unless the municipality and the successful bidder agree in writing to a longer period of time. Section 95A-839. Award of contract. Notwithstanding any provisions of section 409, Title 69, Code of Georgia of 1933, to the contrary, where a contract has been let for bid, the municipality, by resolution entered in its minutes, shall award the contract to the lowest reliable bidder. Provided the municipality shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, may readvertise, perform the work itself, or abandon the project. Section 95A-840. Performance and payment bonds. Where the contract price is $5000 or more, no construction contract of a municipality shall be valid unless the contractor first shall give: (1) the performance and payment bonds required by the Act approved February 27, 1956 (Ga. L. 1956, p. 340; Ga. Code Ann. section 23-1705), as amended; and (2) such other bonds or insurance policies required by the municipality in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies and bonds to maintain in good condition such completed construction for a period of not less than five years. Section 95A-841. Effect of failure to take bond. If the payment bond required by section 95A-840 is not taken, the municipality then shall be liable for losses to subcontractors, laborers, and materialmen and other persons as provided in section 1706, Title 23, Code of Georgia of 1933, as amended, for loss to them resulting from failure to take such bond. Section 95A-842. Failure to execute contract. If the successful bidder fails to sign the contract or furnish the bonds required under authority of section 95A-840, his proposal

Page 1059

guaranty, if one had been required by the municipality, will become the property of the municipality as liquidated damages. The contract then may be readvertised, or the project may be abandoned. Section 95A-843. Contractor's oath. A successful bidder, before commencing the work, shall execute a written oath, as required by section 1711, Title 23, Code of Georgia of 1933, stating that he has not violated Section 1710, Title 23, Code of Georgia of 1933, which makes it unlawful to restrict competitive bidding. Section 95A-844. Applicability of other laws. Unless the provisions of Part III of this Chapter indicate to the contrary, the provisions of Chapter 17, Title 23, Code of Georgia of 1933, as amended, shall apply thereto. CHAPTER 95A-9. REGULATION OF PUBLIC ROADS ARTICLE I SIGNS AND SIGNALS Section 95A-901. Uniform signs, signals, markings, and other traffic-control devices. Section 95A-902. Certain signs, devices, and structures prohibited; authority to remove. ARTICLE II ENCROACHMENTS AND OBSTRUCTIONS Section 95A-903. Obstructions of, encroachments on, solicitation on, or material injury to public roads. Section 95A-904. Authority to regulate parking.

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ARTICLE III CONTROL OF JUNKYARDS Section 95A-905. Definitions. Section 95A-906. Limitations on junkyards. Section 95A-907. Screening of existing junkyards. Section 95A-908. Authority to promulgate regulations governing junkyards. Section 95A-909. Acquisition and removal of existing junkyards. Section 95A-910. Unlawful junkyards declared nuisances, authority to remove. Section 95A-911. Intergovernmental contracts. Section 95A-912. Enforcement and interpretation. ARTICLE IV CONTROL OF OUTDOOR ADVERTISING Section 95A-913. Legislative intent. Section 95A-914. Definitions. Section 95A-915. Limitation on outdoor advertising; exceptions. Section 95A-916. Restrictions on outdoor advertising in commercial or industrial areas. Section 95A-917. Restrictions on directional signs. Section 95A-918. Exception to spacing limitations. Section 95A-919. Restrictions on public service signs.

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Section 95A-920. Authority of Department to promulgate regulations. Section 95A-921. Necessity for permit. Section 95A-922. Applications for permits. Section 95A-923. Acquisition and compensation for removal of certain advertising devices. Section 95A-924. Conditions for compensation. Section 95A-925. Exercise of eminent domain. Section 95A-926. Compensation contingent upon federal matching funds. Section 95A-927. Penalty for erecting and maintaining sign without a permit. Section 95A-928. Penalty for maintaining unauthorized sign. Section 95A-929. Erection or maintenance of unauthorized sign a public nuisance. Section 95A-930. Maintenance of existing sign a public nuisance. Section 95A-931. Authorization to enter on private lands to remove sign. Section 95A-932. More restrictive local laws authorized. Section 95A-933. Dissemination of information to public. Section 95A-934. Department authorized to contract with United States Department of Transportation.

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ARTICLE V LIMITED-ACCESS ROADS Section 95A-935. Definitions. Section 95A-936. Authorization of limited-access roads. Section 95A-937. Design of limited-access road. Section 95A-938. Acquisition of lands and land rights. Section 95A-939. Designation of limited-access roads. Section 95A-940. Development of local service roads. Section 95A-941. Powers of other State agencies not infringed. ARTICLE VI CONTROL OF COMMERCIAL DRIVEWAYS Section 95A-942. Commercial driveways defined. Section 95A-943. Permits required for commercial driveways. Section 95A-944. Changing or closing existing commercial driveways. Section 95A-945. Authority of Department to collect expenses of altering driveways. Section 95A-946. Authority of Department to promulgate regulations. Section 95A-947. Limited application of Article to public roads under jurisdiction of counties or municipalities.

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ARTICLE VII CONTROL OF SUBDIVISION ENTRANCES TO STATE HIGHWAYS Section 95A-948. Subdivision defined. Section 95A-949. Department recommendation of approval or rejection of plats submitted to planning commission. Section 95A-950. Department approval or rejection of plats, where no local planning commission. Section 95A-951. Basis of recommendations and requirements. Section 95A-952. Requirement of obtaining a commercial driveway permit. ARTICLE VIII SIZE, WEIGHT, AND LOAD Section 95A-953. Width of vehicle. Section 95A-954. Height and length of vehicles and loads. Section 95A-955. Limitation as to weight of vehicle. Section 95A-956. Enforcement of load limitations. Section 95A-957. Permits for excess weight and size. Section 95A-958. Exceptions. Section 95A-959. Loads on vehicles. Section 95A-960. Police powers of the Department of Transportation.

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Section 95A-961. General authority of law enforcement officers; penalty for failure to stop for examination. Section 95A-962. Authority of officials believing size and weight regulations, or licensing or fuel tax requirements being violated; failure of driver to stop or to drive upon scales. Section 95A-963. Authority to adopt rules and regulations in exercising powers. ARTICLE I SIGNS AND SIGNALS Section 95A-901. Uniform signs, signals, markings, and other traffic-control devices. (a) Department to issue uniform regulations. The Department shall promulgate uniform regulations governing the erection and maintenance on the public roads of Georgia of signs, signals, markings, or other traffic-control devices, such uniform regulations to supplement and be consistent with the laws of this State. Insofar as practical, with due regard to the needs of the public roads of Georgia, such uniform regulations shall conform to the recommended regulations as approved by the American Association of State Highway Officials. (b) Signs on State Highway System. In conformity with its uniform regulations, the Department shall place and maintain, or cause to be placed and maintained, such traffic-control devices upon the public roads of the State Highway System as it shall deem necessary to regulate, warn, or guide traffic, except that the Department shall place and maintain a sign for each railroad crossing at grade on the State Highway System, warning motorists of such crossing: Provided that each railroad company shall also erect and maintain a Railroad Crossbuck Sign on its right-of-way at every such crossing. The Department may remove or direct removal of all traffic-control devices and signs which are erected on the

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State Highway System by any governing authority without the permission of the Department. (c) Signs on county road and municipal street systems. Counties and municipalities shall place and maintain, in conformity with the uniform regulations of the Department, such traffic-control devices upon the public roads on their respective public road systems as are necessary to regulate, warn, or guide traffic, except that counties and municipalities also shall erect and maintain a sign, for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing: Provided that in addition each railroad company shall erect and maintain a Railroad Crossbuck Sign on its right-of-way at all such crossings. (d) Unlawful to remove, deface, or damage official traffic-control device. It shall be unlawful for any person to remove, deface or damage in any way any official traffic-control device lawfully erected or maintained pursuant to the provisions of this section or of other law. Section 95A-902. Certain signs, devices, and structures prohibited; authority to remove. (a) Unauthorized signs or devices on public road right-of-way prohibited. It shall be unlawful for any person to erect, place, or maintain within the right-of-way of any public road any sign, signal, or other device except as required or authorized by the provisions of Section 95A-901 or of other law. (b) Structures imitating or interfering with official device or obstructing view on public road prohibited. It shall be unlawful for any person to erect, place or maintain in a place of position visible from any public road any unauthorized sign, signal, device, or other structure which: (1) imitates, resembles, or purports to be an official traffic-control device;

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(2) hides from view or interferes with the effectiveness of any official traffic-control device; (3) obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) because of its nature, construction, or operation constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Authority to remove prohibited signs. Any sign, signal, device, or other structure erected, placed, or maintained on the right-of-way of any public road in violation of subsection (a) or subsection (b) is hereby declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b), but not on the right-of-way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within thirty (30) days after the giving of such order of removal, such officials are hereby authorized to remove or cause to be removed such structure; and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within sixty (60) days after the receipt of said statement, the Department shall certify the amount thereof for collection to the Attorney General. ARTICLE II ENCROACHMENTS AND OBSTRUCTIONS Section 95A-903. Obstruction of, encroachment on, solicitation on, or material injury to public roads. It shall be unlawful

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for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or materially injure any part of any public road. Section 95A-904. Authority to regulate parking. Notwithstanding the provisions of sections 90, 91, 92, 93 of an Act approved January 11, 1953 (Ga. L. 1953, pp. 556, 598-600 as amended; Ga. Code Ann. sections 68-1668 through 68-1771): (a) The Department may regulate and prohibit the parking of any type of vehicle on any public road on the State Highway System, including extensions thereof into or through municipalities. Whenever any State or local law enforcement officer finds a vehicle parked in violation of law or the Department regulations, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer is authorized to provide for the removal of such vehicle to the nearest garage or other place of safety, at the owner's expense; (b) A county may regulate and control the parking of vehicles on the county road system and to this end the county may place parking meters on or immediately adjacent to any or all such roads, except extensions into a municipality, for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A county may also place such parking meters on or adjacent to any public road on the State Highway System located within the county and outside the corporate limits of a municipality when authorized by the Department pursuant to subsection (a); (c) A municipality may regulate and control the parking of vehicles on its municipal street system and on extensions of a county road system within its corporate limits and to this end may place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on

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the State Highway System located within the corporate limits of the municipality when authorized by the Department pursuant to subsection (a); (d) It shall be unlawful for any person to park or leave unattended any vehicle upon the right-of-way of any public road on the State Highway System for over 48 hours. ARTICLE III CONTROL OF JUNKYARDS Section 95A-905. Definitions. As used in this Article, the following words have the following meanings: (a) Junk: old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste; junked, dismantled, or wrecked automobiles, or parts thereof; or iron, steel, and other old scrap ferrous or nonferrous material; (b) Automobile graveyard: any establishment which is maintained or used for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts; (c) Junkyard: any establishment which is maintained or used for storing, buying, or selling junk or for an automobile graveyard; and the term shall include garbage dumps, sanitary fills, and scrap processor establishments; (d) Scrap processor: any person, firm, or corporation engaged only in the business of buying scrap iron and metals, including, but not limited to, old automobiles, for the specific purpose of processing into raw material for remelting purposes only, and whose principal product is ferrous and non-ferrous scrap for shipment to steel mills, foundries, smelters, and refineries, and who maintains an established place of business in this State and has facilities and machinery designed for such processing. Section 95A-906. Limitations on junkyards. It shall be unlawful for any person to establish, operate, or maintain

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any junkyard, any portion of which is within one thousand (1000) feet of the nearest edge of the right-of-way of any Interstate or federal-aid primary highway, except the following: (a) Those which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highway systems, or otherwise removed from sight; (b) Those located within areas which are zoned for industrial use under authority of law; (c) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations which shall be promulgated by the Commissioner; and (d) Those which are not visible from the main-traveled way of the system. Section 95A-907. Screening of existing junkyards. Any junkyard lawfully in existence on April 6, 1967, which is within one thousand (1000) feet of the nearest edge of the right-of-way and visible from main-traveled way of any public road on the Interstate or federal-aid primary system, shall, whenever feasible, be screened by the Department so as not to be visible from such public road. Such junkyards may be screened at locations either on the right-of-way of such public road or on property acquired by the Department for that purpose outside such right-of-way. Whenever the Commissioner determines that it is in the best interest of the State, the Department may acquire, pursuant to any of the procedures for property acquisition as set forth in Chapter 95A-6 of this Title, such property, or interests therein, outside existing public road rights-of-way as may be necessary to provide adequate screening of such junkyards. Section 95A-908. Authority to promulgate regulations governing junkyards. The Department may promulgate

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uniform and reasonable regulations governing the screening or fencing of junkyards, including the materials used in such screening or fencing and the location, construction, and maintenance thereof. Section 95A-909. Acquisition and removal of existing junkyards. (a) Authority to acquire and remove. When the Commissioner determines that the topography of the land adjoining a public road will not permit adequate screening of any junkyard lawfully in existence on April 6, 1967, or that such screening would not be economically feasible, the Department shall have the authority to acquire, pursuant to any of the procedures for property acquisition authorized in Chapter 95A-6 of this Title, such interests in lands as may be necessary to secure the relocation, removal, or disposal thereof. The Commissioner shall determine whether it would be more feasible to relocate, remove, or dispose of the junkyards which cannot be screened, and his determination shall be final and conclusive. (b) When removal required. All junkyards lawfully in existence on April 6, 1967, which do not conform to the requirements of section 95A-906 and which in the determination of the Commissioner cannot be made to conform by screening, shall be required to be removed under this Section as soon as funds are available for that purpose: Provided that the Department shall not be required to expend any funds for screening or removal under this Article unless and until federal-aid matching funds are made available for this purpose. Section 95A-910. Unlawful junkyard declared nuisances; authority to remove. Any junkyard, which comes into existence after April 6, 1967, the establishment, operation, or maintenance of which is made unlawful by Section 95A-906, is declared to be a public and private nuisance and may be forthwith removed, obliterated, or abated at the order of the Commissioner. The Department may then submit by registered mail a statement of the expenses of such removal, obliteration, or abatement to the person owning or operating

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such junkyard, and if payment is not made to the Department within sixty (60) days of receipt thereof, the Department shall certify the amount for collection to the Attorney General. Section 95A-911. Intergovernmental contracts. The Department is hereby authorized to enter into agreements with the United States Secretary of Transportation as provided by Title 23 of the United States Code, relating to the control of junkyards in areas adjacent to the Interstate and federal-aid primary systems, and to take action in the name of the State to comply with the terms of such agreements. Section 95A-912. Enforcement and interpretation. (a) Violation of any provision or regulation unlawful. Violation of any of the provisions of Article III of this Chapter or of any lawful regulation promulgated pursuant thereto shall be unlawful. Each day's presence of the offending junkyard shall be a separate offense. State and local law enforcement officers shall assist Department employees in enforcing the provisions of this Article or any lawful regulation promulgated pursuant thereto. (b) More restrictive law not affected. Nothing in this Article shall be construed so as to abrogate or affect the provisions of any lawful ordinance, regulation, resolution, or other law which are more restrictive than the provisions of this Article. ARTICLE IV CONTROL OF OUTDOOR ADVERTISING Section 95A-913. Legislative intent. The General Assembly declares it to be the policy of this State that the erection or maintenance of outdoor advertising in areas adjacent to the rights-of-way of roads of the State Highway Systems, which are also a part of the Interstate and Primary Systems of Highways within the State, shall be regulated in accordance with the terms of this Article and the regulations promulgated by the Commissioner pursuant thereto and that

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all outdoor advertising which does not conform to the requirements of this Article are public nuisances. It is the intention of the General Assembly to provide a statutory basis for the regulation of outdoor advertising consistent with the public policy relating to areas adjacent to roads of the State Highway System which also form a part of the Interstate and Primary Systems of Highways declared by the Congress in Title 23, Section 103, United States Code, Highways. Section 95A-914. Definitions. As used in this Article, the following words and phrases shall have the meaning prescribed herein as follows: (a) Interstate System or Interstate Highway means any road of the State Highway System which is a portion of the National System of Interstate and Defense Highways located within this State, as officially designated, or as may hereafter be so designated, by the Department, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, section 103, United States Code, Highways, or any limited access highway as officially designated, or as may hereafter be so designated, by the Department, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, section 103, United States Code, Highways. (b) Primary System or Primary Highway means any road of the State Highway System which is a portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Department, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, Section 103, United States Code, Highways. (c) Outdoor Advertising or Sign means any outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or information contents of which are visible from any place on the main traveled way of the Interstate or Primary Highway Systems.

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(d) Safety Rest Area or Rest Area means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control for the convenience of the traveling public. (e) Information Center means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as the Department may consider desirable. (f) Maintain means to allow to exist. (g) Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or the normal maintenance or repair of a sign structure. (h) Zoned commercial or industrial areas means those areas which are zoned for industrial or commercial activities pursuant to State or local zoning laws or ordinances as part of a comprehensive zoning plan. Strip zoning shall not be considered as a bona fide comprehensive zoning plan. Comprehensive zoning plans shall be approved by the Board for the purposes of outdoor advertising only when an application for a permit is made. (i) Unzoned Commercial or Industrial Areas means those areas which are not zoned by State law or local ordinance and on which there is located one or more permanent structures devoted to an industrial or commercial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 600 feet from and beyond the edge of the activity in each direction and a corresponding zone directly across a Primary Highway which is not also a limited access highway when the same is not a public park, public playground, public recreational area, public forest, parkland, scenic area, cemetery, primarily residential, or locally zoned. All measurements shall be from the outer edges of the regularly

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used buildings, parking lots, storage, processing, or landscaped areas of the commercial or industrial activity, and not from the property lines of the activity, and shall be along or parallel to the edge of the pavement of the highway. (j) Industrial or Commercial Activity means those activities, commonly and generally recognized as commercial or industrial except that none of the following activities shall be considered commercial or industrial. 1. Outdoor Advertising structures. 2. Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, wayside fresh produce stands. 3. Transient or temporary activities. 4. Activities not visible from the main traveled way. 5. Activities more than 660 feet from the nearest edge of the right-of-way. 6. Activities conducted in a building principally used as a residence. 7. Railroad tracks and minor sidings. (k) Traveled way means the portion of a roadway for the movement of vehicles, exclusive of shoulders. (l) Main traveled way means the traveled way of a highway on which through traffic is carried, and in the case of a divided highway, it means the traveled way of each of the separated roadways for traffic traveling in opposite directions. It does not include such facilities as frontage roads, turning roadways or parking areas. (m) Visible means capable of being seen (whether or not legible) without visual aid by a person of normal vision acuity.

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(n) Specific interest of the traveling public means information regarding places offering lodging, food, motor vehicle fuels and lubricants, and motor vehicle service and repair facilities or any other service or product available to the general public. (o) Scenic Area means any area of particular scenic beauty or historical significance as determined by the State, federal, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty. (p) Parkland means any publicly owned land which is designated or used as a public park, recreation area, wild life or waterfowl refuge or historic site. (q) Directional and other official signs and notices means only official signs and notices, public utility signs, service club and religious notices, public service signs and directional signs. (r) Official signs and notices means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in State, federal, or local law for the purpose of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government agencies or non-profit historical societies shall be considered official signs. (s) Public utility signs means warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations. (t) Service club and religious notices means signs or notices, whose erection is authorized by law, relating to meetings of non-profit service clubs or charitable associations, or religious services, which signs do not exceed eight square feet in area.

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(u) Public service signs means signs located on school bus stop shelters which identify the donor, sponsor, or contributor of said shelters and which contain safety slogans of messages which occupy not less than 60% of the sign area. (v) Directional Signs means signs containing directional information about public places owned or operated by State, federal, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. (w) Private shall not mean, through the effect of this bill, public owned property leased to others. Section 95A-915. Limitation on outdoor advertising; exceptions. No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main traveled way of the Interstate or Primary Highways in this State except the following: (a) Directional and other official signs and notices; (b) Signs advertising the sale or lease of the property upon which they are located; (c) Signs advertising activities conducted or maintained within 100 feet from the nearest part of the activity as the dimensions of said activity are determined by Department regulations, which regulations need not take into consideration the property lines of said activity; (d) Signs located in areas zoned commercial or industrial which provide information in the specific interest of the traveling public. (e) Signs located in unzoned commercial or industrial areas which provide information in the specific interest of the traveling public.

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Section 95A-916. Restrictions on outdoor advertising in commercial or industrial areas. No signs authorized by the provisions of subsections (d) and (e) of section 95A-915 hereof shall be erected or maintained which: (a) advertises an activity that is illegal under Georgia or federal laws or regulations in effect at the location of such signs or at the location of such activity; (b) is obsolete; (c) is not structurally safe, clean, and in good repair; (d) is not securely affixed to a substantial structure which is permanently attached to the ground; (e) is attached to, drawn, or painted upon trees, rocks, or other natural features; (f) moves or has any moving or animated parts; (g) emits or utilizes in any manner any sound capable of being detected on the main traveled way by a person with normal hearing; (h) if illuminated, contains, includes, or is illuminated by any flashing service information such as time, date, temperature, weather, or other similar information; (i) if illuminated, is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with the operation of a motor vehicle; (j) if illuminated, is illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, device, or signal; (k) contains an area, to be measured by the smallest square, rectangle, triangle, circle, or combination thereon

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which encompasses the entire sign, in excess of 1200 square feet or exceeds 30 feet in height or 60 feet in length, inclusive of any border and trim, but excluding the base, apron, supports, and other structural members; provided, however, that in counties having a population greater than 500,000, according to the United States Decennial Census for 1970 or any such future census, the maximum size of 1200 square feet, the maximum height of 30 feet and the maximum length of 60 feet may be exceeded, but in no event shall any such sign exceed 3000 square feet; provided further that no such oversize signs shall be erected after the effective date of this Article; (l) contains more than two facings visible from the same direction on the main traveled way. Double-faced, back-to-back, and V-type constructed signs shall, for the purpose of determining compliance with size and spacing limitations, be considered as one sign; (m) is within 300 feet of a residence without the written consent of the owner; (n) is within 500 feet of a public park, public playground, public recreation area, public forest scenic area, or cemetery; (o) is located so as to obscure, or otherwise interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic; (q) is located adjacent to an Interstate highway and which is within 500 feet of another sign on the same side of the highway; provided, however, that such signs may be located within 500 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign facing located within the 500 foot zone is visible from the Interstate highway at any time; (r) is located outside of the corporate limits of a municipality and adjacent to an Interstate highway within 500 feet of an interchange, intersection at grade, or safety rest area. The foregoing 500 foot zone shall be measured along

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the Interstate highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way; (s) is located outside of the corporate limits of a municipality and adjacent to a highway on the Primary System which is within 300 feet of another sign on the same side of the highway; provided, however, that such signs may be located within 300 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign facing located within the 300 foot zone is visible from the Primary System highway at any one time; (t) is located within the corporate limits of a municipality and adjacent to a highway on the Primary System which is within 100 feet of another sign on the same side of the highway; provided, however, that such signs may be located within 100 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign facing located within the 100 foot zone is visible from the Primary System highway at any one time. Section 95A-917. Restrictions on directional signs. The provisions of subsections (a), (b), (c), (d), (e), (f), (g), (i), (j), (m), (n), (o), (p), (q), (s), and (t) of section 95A-916 hereof are applicable to directional signs authorized by section 95A-915 a hereof, and in addition thereto, no directional signs shall be erected or maintained which: (a) is located in a rest area, parkland, or scenic area; (b) contains an area, to be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, in excess of 150 square feet or exceeds 20 feet in height or 20 feet in length, inclusive of any border and trim, but excluding the base, apron, supports, and other structural members; (c) contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights; (d) is located adjacent to an Interstate highway and which is within 2,000 feet of an interchange or intersection

Page 1080

at grade. The foregoing 2,000 foot zone shall be measured along the Interstate highway from the point at which the pavement commences or ceases to widen at exists from or entrances to the main traveled way; (e) is located within 2,000 feet of a rest area, parkland, or scenic area; (f) is located within one (1) mile of another directional sign facing the same direction of travel; (g) creates the existence of more than three directional signs pertaining to the same activity facing the same direction of travel along a single route approaching the activity; (h) is located along the Interstate System at a point more than 75 air miles from the advertised activity; (i) is located along the Primary System at a point more than 50 air miles from the advertised activity; (j) contains information other than the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. The sign shall not contain descriptive words, phrases, pictorial or photographic representations of the activity or its environs; (k) advertises privately-owned activities or attractions other than natural phenomena, scenic attractions, historic, educational, cultural, scientific, and religious sites, and outdoor recreational areas and which are nationally or regionally known and are of outstanding interest to the traveling public, as determined by the State Highway Board. Section 95A-918. Exception to spacing limitations. Signs which are authorized by and erected or maintained pursuant to subsections (b) and (c) of section 95A-915 hereof, or which are official signs or notices, as defined herein, and signs which are not lawfully erected or maintained shall not be counted nor shall measurements be made therefrom for

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the purpose of determining the spacing limitations prescribed in Sections 95A-916 and 95A-917 hereof. Section 95A-919. Restrictions on public service signs. No public service sign authorized by subsection (a) of section 95A-915 hereof shall be erected or maintained which: (a) is attached to a school bus shelter the construction of which is not authorized by State law or local ordinance; (b) is attached to a school bus shelter located at a place not approved by the governmental agency having jurisdiction of the highway along which said shelter is located; (c) contains an area, to be measured by the smallest square, rectangle, triangle, circle, or combination thereof which encompasses the entire sign, in excess of 32 square feet; (d) creates the existence of more than one sign on each shelter facing in any one direction. Section 95A-920. Authority of Department to promulgate regulations. The Department is hereby authorized to promulgate rules governing the issuance of permits for the erection and maintenance of outdoors advertising authorized by subsections (a), (d) and (e) of section 95A-915 hereof and which are not prohibited by the provisions of this Article, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the State declared in this Article, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code, Highway. Section 95A-921. Necessity for permit. (a) On and after October 6, 1971, no person, firm, or corporation shall erect or maintain a sign authorized by subsection (a), (d), or (e) of section 95A-915 hereof without a permit issued by the Department;

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(b) On and after January 1, 1972, no person, firm, or corporation shall maintain a sign lawfully in existence on the effective date of this Article and which is authorized by the provision of this Article without a permit issued by the Department. Section 95A-922. Applications for permits. Applications for permits and the renewal thereof shall be made to the Department upon forms prescribed by the Department; shall contain the signature of both the applicant and the owner of the land or interest therein on which the sign is to be erected and such other information as may be required by the Department; and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for, and shall be valid only if the sign is erected and maintained in accordance with this Article during the 12 month period next following the date of issuance. The fee for the initial issuance of a permit shall be $25.00. The fee for the renewal of a permit shall be $10.00. The money received from permit fees shall be used to help defray the expenses of administering the provisions of this Article, any provision of Georgia Code sections 92-3501 through 92-3503 and 92-3601 through 93-3604, as amended, to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected or maintained pursuant to the provisions of this Article, the Department shall, within 60 days, issue a permit or renewal authorizing the erection or maintenance, or both, of the sign for which application was made. Application for the renewal of a permit shall be made to the Department not more than 90 nor less than 60 days before the expiration date of the permit for which renewal is sought. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with the provisions of this section. Permits and renewals shall be transferable and shall be surrendered by the holder thereof to the Department after any change in the ownership of the sign or the land upon which it is located takes place and shall be accumulated by written notice to the Department, verified under oath by the holder of the permit or renewal thereof, identifying the person, firm, or corporation to whom

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the sign or land, or any interest therein, has been sold. An application to have said permit transferred shall be made within 15 days of the change in ownership. Section 95A-923. Acquisition and compensation for removal of certain advertising devices. The Department of Transportation is authorized to acquire by purchase, gift, or condemnation, and to pay just compensation for any property rights in outdoor advertising signs, displays, and devices which were lawfully in existence on October 6, 1971, but which do not conform to the provisions of this Article. The Department shall be limited to an expenditure of 5 million dollars for the State of Georgia's part of just compensation. The Department shall be prohibited from paying more than 25 percent of any award for just compensation. Section 95A-924. Conditions for compensation. The compensation provided for in Section 95A-923 hereof is authorized to be paid only for the following: (a) the taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and (b) the taking from the owner of the real property on which the sign, display, or device, is located, of the right to erect and maintain such signs, displays, and devices thereon. (c) the actual financial loss suffered by the lessee under a written lease expressly and solely permitting the erection and maintenance of a sign, display or device (which was lawful on the date such lease was executed) from the refusal by the Department to issue a permit for the erection of such sign, display or device; provided that the amount of compensation paid may not exceed the pro rata part of the entire rental paid and to be paid under such lease for the unelapsed portion thereof remaining on the effective date of this Article. (d) the actual financial loss suffered by the lessor under a written lease expressly and solely permitting the erection and maintenance of a sign, display or device (which was

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lawful on the date such lease was executed) from the refusal by the Department to issue a permit for the erection of such sign, display or device; provided that the amount of compensation paid may not exceed the pro rata part of the entire rental paid and to be paid under such lease for the unelapsed portion thereof remaining on the effective date of this Article. Section 95A-925. Exercise of eminent domain . The Department may exercise the power of eminent domain in the manner provided by law for acquisition of real property needed for the construction of highways in Chapter 95A-6 of this Title, whenever it is necessary, in the judgment of the Commissioner of the Department, to acquire those interests specified in section 95A-924. Section 95A-926. Compensation contingent upon federal matching funds . The Department shall not acquire any sign by purchase or condemnation, any portion of the cost of which is eligible for Federal participation until such time as Federal matching funds have been apportioned to and made available to the Department for such acquisition. No sign shall be acquired by condemnation except after 3 months' written notice being given to the owner thereof of the intention to so acquire the same, during which time the penalties provided by this Article shall not apply. Section 95A-927. Penalty for erecting and maintaining sign without a permit. It shall be unlawful for any person, firm, or corporation to erect or maintain any sign, for which a permit is required by this Article, without a valid permit or renewal thereof issued by the Department, and upon conviction of the violation of this section, said person, firm, or corporation shall be punished by the imposition of a fine of not more than $1,000, imprisonment for not more than 12 months, or both. Each day, or fraction thereof, during which a sign is unlawfully maintained shall constitute a separate offense. The Commissioner and officials or employees of said Department designated by the Commissioner are authorized to take such actions as may be necessary or appropriate to procure the prosecution and conviction of any

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person, firm, or corporation violating the provisions of this section. Section 95A-928. Penalty for maintaining unauthorized sign. It shall be unlawful for any person, firm, or corporation to maintain any sign not authorized by this Article and which is not lawfully in existence on the effective date of this Article and upon conviction of the violation of this section, said person, firm, or corporation shall be punished by the imposition of a fine of not more than $1,000, imprisonment for not more than 12 months, or both. Each day, or fraction thereof, during which a sign is unlawfully maintained shall constitute a separate offense. The Commissioner and officials or employees of said Department designated by the Commissioner are authorized to take such actions as may be necessary or appropriate to procure the prosecution and conviction of any person, firm, or corporation violating the provisions of this Section. Section 95A-929. Erection or maintenance of unauthorized sign a public nuisance. The erection or maintenance by any person, firm, or corporation, of any sign, for which a permit is required by this Article, without a valid permit or renewal thereof issued by the Department is hereby declared to be a public nuisance. In addition to the remedies provided for in this Article or which may otherwise exist under the laws of this State, the Department is authorized to bring an equitable proceeding to enjoin any person, firm, or corporation from erecting or maintaining without a valid permit or renewal thereof any sign for which a permit or renewal thereof is required by this Article. It shall not be necessary in order to obtain the equitable relief herein provided for the Department to allege and prove that there is no adequate remedy at law. Section 95A-930. Maintenance of existing sign a public nuisance. The maintenance by any person, firm, or corporation of any sign not authorized by this Article and which was not lawfully in existence on October 6, 1971, is hereby declared to be a public nuisance. In addition to the remedies provided for in this Article or which may otherwise exist under the laws of this State, the Department is authorized

Page 1086

to bring an equitable proceeding to enjoin any person, firm, or corporation from erecting or maintaining without a valid permit or renewal thereof any sign for which a permit or renewal thereof is required by this Chapter. It shall not be necessary in order to obtain the equitable relief herein provided for the Department to allege and prove that there is no adequate remedy at law. Section 95A-931. Authorization to enter on private lands to remove sign. The Commissioner and officials or employees of the Department designated by the Commissioner are authorized to go into and upon privately owned lands for the purpose of administering the provisions of this Article, including the removal of signs. Section 95A-932. More restrictive local laws authorized. Nothing in this Article shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution, which is more restrictive than the provisions of this Article. Section 95A-933. Dissemination of information to public. In order to provide information in the specific interest of the traveling public, the Department is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish information centers at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable. Section 95A-934. Department authorized to contract with United States Department of Transportation. The Department in behalf of this State, is authorized to enter into agreements, subject to the provisions of this Article with the United States Secretary of Transportation as provided by Title 23, United States Code, relating to the control of outdoor advertising in areas adjacent to the Interstate and Primary Systems, including the establishment of information centers at safety rest areas, and to take action in the name of the State to comply with the terms of such agreement.

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ARTICLE V LIMITED-ACCESS ROADS Section 95A-935. Definitions. As used in this Article, the following words have the following meanings: (a) Limited-access road: A public road for through traffic and over, from, or to which owners or occupants of abutting land, or other persons, have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited-access road or for any other reason; (b) Local service road: Any public road, whether existing at the time of the designation of a limited-access road or thereafter established, which serves the owner or occupant of any land or improvements abutting a limited-access road and which gives a means of ingress to and egress from any such lands or improvements. Section 95A-936. Authorization of limited-access roads. The Department or a county or a municipality in this State, acting alone or in cooperation with each other or with any federal, State, or local agency, are hereby authorized and empowered to plan, designate, establish, regulate, abandon, alter, improve, maintain, and provide limited-access public roads wherever the Department or such authorities consider that traffic conditions, present or future, justify such special facilities: Provided, that traffic conditions, present or future deemed as justifying such special facilities shall be construed to mean a road having present traffic volumes requiring a minimum of four-lane road, or traffic volumes estimated to be accommodated by the road within a period not to exceed twenty (20) years from the date of such consideration that will require a minimum of four lanes of road and provided further, that within municipalities such authorization shall be subject to such municipal consent as may be provided by law. The Department or a county or a municipality, in addition to the specific powers granted in this Article, also shall have

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and may exercise, relative to limited-access facilities, any and all additional authority now or hereafter vested in them relative to other public roads in their jurisdiction. No commercial enterprise or activities shall be authorized or conducted by the Department or any other agency, or by a county or municipality of the State within or on the property on which have been constructed limited-access roads as defined in this Article: Provided, that the term commercial enterprise or activities shall not be so construed as to prevent the installation of public utility facilities, to the extent that it is authorized by law, or as to prevent the proper management of property acquired for future construction of public roads including limited-access roads, as such acquisition is authorized in Chapter 95A-6 of this Title. Section 95A-937. Design of limited-access road. Limited-access roads may be so designed as to regulate, restrict, or prohibit access thereto so as to best serve the traffic for which such facility is intended. The authority designating and establishing any limited-access road is authorized: to divide and separate such highway into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating such separate roadways by signs, markers, or stripes; and to designate the proper lanes for traffic moving in opposite directions; and may prohibit making turns at specified points. Said designating authority may recommend the fixing of such rates of speed on such roads and on the separate lanes of such roads as deemed in the public interest, for such action to be taken by the Commissioner of Public Safety as he may find necessary, or for such action as may be decided upon by the municipality if in a municipality. No person shall have any right of ingress to or egress from or passage across any limited-access road to or from abuting lands except at the designated points to which access may be permitted, and under such arrangements and conditions as may be specified from time to time. Section 95A-938. Acquisition of lands and land rights. The Department, a county, or a municipality may acquire private or public property and property rights for limited-access

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facilities and service roads, including rights of access, view, air, and light through gift, devise, purchase, or condemnation in the same manner as such governmental units are now or hereafter may be authorized by law to acquire such property or property rights in connection with public roads within their respective jurisdictions. In the process of acquiring property or property rights for any limited-access facility Department or the county or municipality, in its discretion, may acquire an entire lot, block, or tract of land if, by so doing, the interest of the public will best be served. Section 95A-939. Designation of limited-access roads. The Department, a county, or a municipality may designate and establish limited-access roads as new or additional facilities or may designate or establish existing public roads to be limited-access roads. The Department or the counties or municipalities, shall have authority to provide for the elimination of intersections at grade of limited-access highways with existing State, county, or municipal public roads or railroad rights-of-way by grade separation or local service roads or by closing off such roads or streets at the right-of-way boundary line of such limited-access road; and after the establishment of any limited-access road, no public road which is not a part of such facility shall intersect the same at grade. No public road shall be opened into or connected with any established limited-access road without the consent of the governmental authority having jurisdiction of such limited-access highway in the same manner as such governmental units are now or hereafter may be authorized by law. Section 95A-940. Development of local service roads. In connection with the development of any limited-access facility, the Department, a county, or a municipality are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, abandon, and dispose of local service roads or streets or to designate as local service roads any existing public road, and to exercise jurisdiction over service roads in the same manner as authorized over any other public roads on their public road systems, if such local service roads are deemed necessary or desirable. Such local service roads shall be of appropriate design, and shall be separated from

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the limited-access facility property by means of any or all devices designated as necessary or desirable by the proper authority. Section 95A-941. Powers of other State agencies not infringed. The provisions of this Article shall in no way take away from, impair, or infringe upon the authority, duty, power, or obligations of the Coastal Highway District or the Georgia Coastal Scenic Highway Authority. ARTICLE VI CONTROL OF COMMERCIAL DRIVEWAYS Section 95A-942. Commercial driveway defined. As used in this Article, the term commercial driveway shall mean any private entrance, exit, ramp, tunnel, bridge, sideroad, or other vehicular passageway to any property used for commercial purposes, except a farm or a dwelling house not exceeding a four-family capacity, and which leads to or from any public road on the State Highway System. Section 95A-943. Permits required for commercial driveways. It shall be unlawful for any person to construct a new commercial driveway, or reconstruct, alter, or improve any existing commercial driveway, without first having obtained a permit from the Department therefor and complying with the Department regulations authorized by section 95A-947. A violation of this section, in addition to being unlawful, shall entitle the Department to barricade, displace, or otherwise close such driveway and to collect the costs therefor from the violator as provided in section 95A-946. Section 95A-944. Changing or closing existing commercial driveways. Any commercial driveway constructed prior to the effective date of this Article and adjudged by the Department to be unsafe for the traveling public or in violation of Department regulations promulgated pursuant to section 95A-946 of this Article may be changed or caused to be changed by the Department so as to eliminate any unsafe features, or it may be closed or displaced by substitution

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therefor of another driveway at such place or of such design as may be deemed safe. Liability for the expense of such change or substitution will be determined in accordance with section 95A-945. Section 95A-945. Authority of Department to collect expenses of altering driveways. (a) Violations of section 95A-943. Upon discovery of a violation of Section 95A-943, the Department shall give written notice by certified mail to the offender to commence removing any offending condition within ten (10) days of receipt of such notice. Upon failure to comply with such notice or to complete such work within a reasonable time after such notice, the Department may remove, prevent, or rectify any offending condition by barricading or closing the commercial driveway or a portion thereof, or by other methods, and certify the expenses thereof for collection to the Attorney General. (b) Changing, altering, or substituting for driveways in existence at the effective date of this Article. Where, in accordance with section 95A-944, a change is made in a commercial driveway in existence on the effective date of this Title, the Department shall be liable for the expenses thereof: Provided that the commercial driveway so changed did not, before such change provide an unsafe and unreasonable access from the abutting property, considering that there exists in the owner of the abutting property a private property right to have a reasonable access from such property to the public road as the same was and would have continued to be according to the mode of its original use. Before making any change or substitution in a commercial driveway in existence on the effective date of this Title, when the Department has determined that it shall not bear the expenses thereof, the Department first shall give written notice to the abutting property owner to begin within ninety (90) days the necessary change in or substitution of the driveway: Provided that in the case of a nuisance such notice need be given only ten (10) days in advance. Upon failure of the abutting property owner to complete the necessary

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change or substitution, then the Department may perform the necessary work, and certify the expenses thereof for collection to the Attorney General. Section 95A-946. Authority of Department to promulgate regulations. The Department is hereby granted the authority to promulgate uniform and reasonable regulations to carry out the purpose of this Article. In making such regulations the Department shall specify among other things the circumstances under which commercial driveway permits may be issued or revoked: Provided such regulations shall not deprive the landowner of reasonable access to the public road on the State Highway System. Section 95A-947. Limited application of Article to public roads under jurisdiction of counties or municipalities. Nothing in this Article is intended to limit the authority of a county or a municipality to regulate highways, roads, or streets under their exclusive jurisdiction. ARTICLE VII CONTROL OF SUBDIVISION ENTRANCES TO STATE HIGHWAYS Section 95A-948. Subdivision defined. For the purpose of this Article the term subdivision means all divisions of a tract or parcel of land into two or more lots, buildings, sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new public road or a change in existing public roads, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided: Provided, however, that the following are not included within this definition: (1) The combination or recombination or portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the municipality;

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(2) The division of land into parcels of five acres or more where no new street is involved. Section 95A-949. Department recommendation of approval or rejection of plats submitted to planning commission. A planning commission created under an Act approved March 13, 1957, as amended (Ga. L. 1957, p. 420 as amended; Ga. Code Ann. ch. 69-12), shall submit two copies of the proposed subdivision plat to the Department if such proposed subdivision includes or abuts on any part of the State Highway System. The Department, within thirty (30) days of receipt of the plat, shall recommend approval and note its recommendation on the copy to be returned to the planning commission or recommend rejection. Failure of the Department to act within this thirty-day period shall constitute approval. If the plat is recommended for rejection, the reasons for rejection and requirements for approval shall be given the commission in writing, but such recommendation shall be advisory only and shall not be binding on the planning commission concerned. Section 95A-950. Department action where no existing planning commission. The proprietor of a subdivision to be developed within a county or municipality which has not created a planning commission as authorized by an Act approved March 13, 1957, as amended (Ga. L. 1957, p. 420 as amended; Ga. Code Ann. ch. 69-12), shall submit three copies of the plat to the Department, if such a proposed subdivision includes or abuts on any part of the State Highway System. The Department, within thirty (30) days of receipt of the plan, shall approve or reject it, (with written reasons for such rejection and requirements for approval), and note such action on the copy to be returned to the proprietor as well as on the copy to be returned to the county or municipal governing authority concerned. Such rejection shall be binding on the county or municipality concerned, unless the county or municipal governing authority concerned by official action recorded in its minutes overrules such Department action. Failure of the Department to act within the thirty-day period provided herein shall constitute approval.

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Section 95A-951. Basis of recommendations and requirements. Where the Department is required to make recommendations to a planning commission under section 95A-949, or to approve a proposed plat under section 95A-950, the Department, in addition to considering other factors, shall base its recommendation or approval on the following being provided for in the plat: (a) Dedication to the Department in fee simple of any portion of the subdivision which includes any part of the State Highway System, such dedication to include land necessary for future widening of the State Highway System; (b) An adequate provision for traffic safety in laying out public roads which enter the State Highway System. Section 95A-952. Requirement of obtaining a commercial driveway permit. Nothing in this Chapter shall dispense with the requirement of obtaining a commercial driveway permit as set forth in Article VI of this Chapter. ARTICLE VIII SIZE, WEIGHT AND LOAD Section 95A-953. General Limitations. No vehicle or load shall be operated or moved upon the public roads of Georgia, a dimension or the weight of which exceeds the limitations specified in sections 95A-956 through 95A-959 of this Chapter, unless exempted in section 95A-954 or authorized to do so by a permit issued pursuant to the provisions of section 95A-961. Section 95A-954. Exemptions for farming, agricultural, and forest management equipment. The limitations of section 95A-957 as to width, and of section 95A-958 as to length, shall not apply to the following loads and vehicles, which may exceed such limitations without a permit: farming or agricultural equipment or forest management equipment, whether self-propelled or being hauled, when such vehicle or equipment is being operated during daylight hours upon a public road not part of the National System of Interstate

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and Defense Highways, by the owner thereof or his agent, within a radius of 40 miles of the property of the owner. The foregoing exemptions do not apply to vehicles hauling or transporting forest products. Section 95A-955. Securing loads on vehicles. (a) No vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create a safety hazard, provided that this section shall not prohibit the necessary spreading of any substance in public road maintenance or construction operations. (b) No person shall operate, or load for operation, on any public road any vehicle with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached or in any manner becoming a hazard to other users of the public road. (c) Nothing in this section, nor any regulations based thereon, shall conflict with federal regulations or Georgia Public Service Commission regulations applying to the securing of loads on motor vehicles. Section 95A-956. Height of vehicles and loads. Except when so authorized by a permit issued pursuant to the provisions of section 95A-961, no vehicle unladen or with a load, shall exceed a height of 13 feet, 6 inches. Section 95A-957. Width of vehicles and loads. Unless exempted in section 95A-954 or so authorized by a permit issued pursuant to the provisions of section 95A-961, no vehicle shall exceed a total outside width, including load thereon, of 96 inches, not including mirrors and accessories attached thereto. Section 95A-958. Length of vehicles and loads. (a) General. Unless exempted in section 95A-954 or subsection (b) or so authorized by a permit issued pursuant to

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the provisions of section 95A-961, no vehicle or combination of vehicles shall exceed a total length of 55 feet. (b) Exceptions. (1) Loads of poles, logs, pilings, lumber, structured steel, timber structural members, piping, and pre-stressed and precast concrete may exceed the length of 55 feet without requiring a permit, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. In addition to the single trip permits so required herein for vehicles exceeding 75 feet in length, and annual permits for these vehicles may be secured if the motor vehicles are transporting poles and pilings from the woods to the processing plant (for the purpose of this Article, processing plant is hereby defined as a business and manufacturing of poles and pilings for commercial purposes) or transporting poles for utility companies when such poles cannot be readily dismantled or separated. (2) Vehicles transporting motor vehicle (commonly known as automobile carriers) may exceed the length of 55 feet, but the total length of vehicle and load shall not exceed 60 feet. Section 95A-959. Weight of vehicle and load. (a) General. Except when so authorized by a permit issued pursuant to the provisions of Section 95A-961, no wheel on any vehicle operated upon any public road of this State, equipped with high pressure, pneumatic, solid rubber or cushion tires, shall carry a load which exceeds 8,000 pounds by more than 13 percent, or an axle load which exceeds 16,000 pounds by more than 13 percent; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13 percent, or any axle load which exceeds 18,000 pounds by more than 13 percent. An axle load shall be defined as the total load on all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart. If the driver of any vehicle can comply with the requirements of this section by shifting or equalizing the load on all wheels or axles and

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does so when requested by the proper authority, said driver shall not be held to be operating in violation of this section. Provided, however: (i) that the maximum total gross weight shall not exceed 73,280 pounds; (ii) that on a public road of a county road system, this maximum total gross weight shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road; and (iii) that not withstanding the provisions of this section, no vehicle or combination of vehicles shall be operated over any bridge with a posted weight limit which is less than the gross weight of the vehicle and its load. (b) Exceptions. The weight limitations in this section, except the limitation of subsection (a) (iii), may be exceeded without a permit, when operated or moved on a public road other than one which is part of a National System of Interstate and Defense Highways, by a motor vehicle or combination of vehicles whose axle load does not exceed 23,000 pounds and whose gross weight does not exceed 75,000 pounds, when; (1) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation or residence within the county where originally cut or the adjoining county; (2) Hauling live poultry from a farm to a processing plant located in the same county or an adjoining county; or (3) Hauling feed from a feed mill to a farm located in the same county or an adjoining county. Such vehicles or combination thereof using the public roads at night shall be equipped with lights clearly visible

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for a distance of not less than 300 feet from the front and rear thereof. Section 95A-960. Enforcement of load limitations. (a) Any person who violates the load limitation provisions of Section 95A-959 shall be conclusively presumed to have damaged the public roads, including bridges, of this State by reason of such overloading and shall recompense the State for such damage in accordance with the following schedule: For the first 1,000 pounds of excess weight, $.01 per pound; plus $.02 per pound for the next 2,000 pounds of excess weight; plus $.03 per pound for the next 2,000 pounds of excess weight; plus $.04 per pound for the next 3,000 pounds of excess weight; plus $.05 per pound for all excess weight over 8,000 pounds. Where a vehicle is authorized to exceed the weight limitations of Section 95A-959 by a permit issued pursuant to the provisions of Section 95A-961, the term excess weight shall mean that weight which exceeds the weight allowed by such permit. For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit. The foregoing schedules shall apply separately, to: (1) the excess weight of the gross load and (2) sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the State only for the largest of the money damages imposed under clauses (1) and (2) of this paragraph. The owner of the offending vehicle or its operator, before being allowed to move the vehicle, shall pay such monies at the place of violation to a member of the Department authorized by the Commissioner to receive such funds, who shall give an official written receipt for such monies.

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(b) Any provision of Georgia Code section 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary notwithstanding, all monies collected in accordance with this section shall be transmitted to the Treasurer of the Department, thereafter to be disposed of as follows: (1) where the violation occurred on a limited access road, as that term is defined in section 95A-935, or where the violation occurred at a permanent weighing station established by the Department, all such monies shall be retained by the Department to help defray the expenses of enforcing the weight, length, width and height limitations set forth in this Article, and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the Department; and (2), where the violation occurred on any other public road one-half of such monies shall be retained by the Department for the aforesaid purposes, and the other half shall be transmitted by the Department, quarterly, to the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county. Payments made pursuant to subsection (a) shall be without prejudice to any defense or rights the payor may have, and he may at any time, within 30 days after such payment, in writing demand the return of the same from the Commissioner, and if such payment, plus six percent interest up to the date of refund, shall not be refunded within 90 days thereafter, may sue the Department for the amount so demanded. Such suit may be brought either in the Superior Court of Fulton County or in the superior court of the county wherein the alleged violation occurred. (c) Any owner or operator of a vehicle which is operated on the public roads of this State in violation of the weight limitations provided in this Article, shall be required, in addition to paying the monies provided in subsection (a), to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle. (d) Any person authorized by law to enforce the provisions of this Article may seize the offending vehicle, of an owner who fails, or whose operator has failed to pay, the monies prescribed in subsection (a) and hold such vehicle until the prescribed monies are paid. Any person seizing

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such vehicle under this subsection, or subsection (c), may, when necessary, store said vehicle and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the State or any political subdivision because of damage to or loss of such load or any part thereof. Section 95A-961. Permits for excess weight and dimension. (a) General. The Commissioner or the official of the Department designated by the Commissioner may, in his discretion, upon application in writing and good cause being shown therefore, issue a permit in writing authorizing the applicant to operate or move upon the State's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law: Provided, that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated, and further provided that no permit shall be issued to any vehicle whose operation upon the public roads of this State threatens to unduly damage a road or any appurtenance thereto, except that aforesaid dismantling limitation shall not apply to loads of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet and which are not moved on part of the National System of Interstate and Defense Highways. Permits may be issued on application to the 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. The Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits; provided

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such rules and regulations are not in conflict with the provisions of this Title and other provisions of law. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or State Trooper or authorized agent of the Department. The application for any such permit shall specifically describe the type of permit applied for, as said types of permits are described in subsection (c), and the application for a single trip permit in addition shall describe the points of departure and destination. The Commissioner or the official of the Department designated by the Commissioner is authorized to withhold such permit, or, if such permit is issued, to establish seasonal or other time limitation within which the vehicles described may be operated on the public road indicated, or otherwise to limit or prescribe conditions of operation of such vehicle, when necessary to assure against undue damage to the road foundation, surfaces or bridge structures, and require such undertaking or other security as may be deemed necessary to compensate the State for any injury to any roadway or bridge structure. For just cause, including, but not limited to, repeated and consistent past violations, the Commissioner or an official of the Department designated by the Commissioner, may refuse to issue, or may cancel, suspend, or revoke the permit of an applicant or permittee. (b) Duration and limits of permits. (1) Annual. The Commissioner or the official of the Department designated by the Commissioner, may pursuant to the provisions of this Section issue an annual permit which shall permit a vehicle to be operated on the public roads of this State for 12 months from the date the permit is issued even though the vehicle or its load exceed the maximum limits specified in this Article:

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Provided, that an annual permit shall not authorize the operation of a vehicle (a) whose total gross weight exceeds 100,000 pounds; (b) whose single axle weight exceeds 25,000 pounds; (c) whose total length exceeds 75 feet; (d) whose total width exceeds 96 inches or whose load width exceeds 144 inches; or (e) whose height exceeds 14 feet, six inches, provided however that an annual permit to operate a vehicle which exceeds a height of 13 feet and six inches shall be issued only 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 Department to be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs or other highway structures damages by a vehicle operating under authority of such overheight 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 permittee, his agents, or operators. (2) Single Trip. The Commissioner may issue a single trip permit, pursuant to the provisions of this section, to any vehicle. (c) Fees. The Department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows: (1) Annual. Charges for the issuance of annual permits shall be as follows: (a) For 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;

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(b) For heavy equipment: (i) Overweight, overlength, or overwidth $100.00 (ii) Overheight (any equipment) $ 50.00 A tractor and trailer (low boy type) may, after depositing a load referred to in this subsection 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. (c) For loads of concrete pipe, and plywood not to exceed nine feet wide.... $100.00, provided that such loads may not be operated on the National System of Interstate and Defense Highways. (d) For the annual permits authorized by Section 95A-958(b) (1) for vehicles exceeding 75 feet in length.... $100.00; (2) Three months. The charges for the issuance of three months permits for loads of tobacco not to exceed nine feet wide shall be.... $25.00, provided that such loads may not be operated on the National System of Interstate and Defense Highways. (3) Single Trip. Charges for the issuance of single trip permits shall be as follows: (a) Mobile homes, modular homes, sectional houses, portable buildings and boats: (i) Up to and including 12 feet wide, 75 feet long $10.00 (ii) Boats in excess of 12 feet wide $20.00 (iii) Mobile homes, modular homes, sectional houses, and portable buildings in excess of 75 feet long $20.00

Page 1104

(b) Heavy equipment: (i) Over on only one of the following limitations: Weight, length, height, width $ 5.00 (ii) Over more than one of the above limitations $10.00 (c) Miscellaneous: (i) Houses $20.00 (ii) Off-the-road equipment $ 5.00 (iii) Timber, structural members, poles and piling over 75 feet long $ 5.00 (iv) Other oversized equipment not herein specified $20.00 (v) Other overheight loads not herein specified $ 5.00 Notwithstanding any provision of Georgia Code sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended, to the contrary, all fees collected in accordance with this section shall be paid to the Treasurer of the Department to help defray the expenses of enforcing the limitations set forth in this Article and to be used for public road maintenance purposes in addition to any sums appropriate therefor to the Department. Section 95A-962. Police powers of the Department of Transportation. The Department is hereby invested with the authority to exercise certain police powers and by appropriate resolution to designate, deputize and delegate to an appropriate member of a permit and enforcement team of

Page 1105

the Department the necessary authority to enforce: (1) the provisions of this Article; and (2) the licensing or fuel tax registration requirements contained in section 95A-302(p). Nothing contained herein shall be construed so as to permit any such designated member of a permit and enforcement team to carry any firearm or weapon for the purpose of enforcing the provisions of this Article. Section 95A-963. General Authority of law enforcement officers; penalty for failure to stop for examination. (a) Authority to stop, inspect or weigh. Any law enforcement officer, or employee of the Department to whom has been designated enforcement authority pursuant to Section 95A-962, who observes a motor vehicle being operated upon a public road of the State, and who has reason to believe that: (1) any provision of this Article is being violated; (2) the vehicle is improperly licensed in violation of the provisions of an Act approved December 24, 1937, (Ga. L., 1937-38, Extra Sess., p. 259; Ga. Code Ann. sections 92-2901 through 92-2916, and 92-9901); or (3) a fuel tax registration card is not being carried, or that a proper distinguishing identification marker is not affixed to the vehicle in violation of an Act approved March 21, 1968, (Ga. L. 1968, p. 360; Ga. Code Ann. sections 92-1409 and 92-9966), is hereby authorized to stop such vehicle and weigh, measure or inspect the same. Violations of said licensing or fuel tax registration and identification requirements shall be reported to the State Department of Revenue. (b) Penalties for failure to stop or drive on scales. (1) Criminal. If the operator of said vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) to stop, weigh, measure or inspect the vehicle or its load, said operator shall be punished by a fine not to exceed $200.00. Said operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer, or employee of the Department

Page 1106

authorized to enforce the provisions of this Article, apprehends said operator for any violation of this Article. (2) Suspension of license. In addition, said operator's driver's license or non-resident's driving privilege shall be suspended for a period of not more than ninety (90) days by the Department of Public Safety if the Department of Transportation shall so request and present to the Department of Public Safety satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for non-resident driving privileges, or for a renewal of same, hereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the Department. CHAPTER 95A-10. UTILITIES AND RAILROADS ARTICLE I. UTILITIES Section 95A-1001. Payment of costs of removal and relocation of government-owned utilities. Section 95A-1002. Removal and relocation of utilities. Section 95A-1003. Authority of Department to assist a relocated utility in obtaining a replacement right-of-way. Section 95A-1004. Expense of utility removal and relocation. Section 95A-1005. Authority to promulgate regulations. ARTICLE II. RAILROADS Section 95A-1006. Maintenance of grade crossings. Section 95A-1007. Responsibility for construction of new grade crossings.

Page 1107

Section 95A-1008. Authority of Department, counties, and municipalities to eliminate grade crossings. Section 95A-1009. Procedure for grade crossing elimination. Section 95A-1010. Division of costs of grade crossing elimination project. Section 95A-1011. Maintenance of overpass or underpass. Section 95A-1012. Elimination by agreement. Section 95A-1013. Improvement of existing underpass or overpass where unsafe or inadequate. Section 95A-1014. Installation of protective devices. Section 95A-1015. Underpass or overpass pursuant to new or relocated railroad line or public road. Section 95A-1016. Regulation of traffic when necessary to perform maintenance. Section 95A-1017. Authority of Department, counties, and municipalities to require performance of railroads' responsibilities of maintenance and authority for railroads to require performance of Department's, counties', and municipalities' responsibilities of maintenance. Section 95A-1018. Review of order. ARTICLE III. RIGHT TO INJUNCTIVE RELIEF Section 95A-1019. Right to injunctive relief. ARTICLE I UTILITIES Section 95A-1001. Payment of costs of removal and relocation of government-owned utilities.

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(a) Authority of Department to pay costs of removal and relocation. The Department is authorized to pay or participate in the payment of the cost of removing and relocating any of the following facilities, or any component part thereof if they are owned by a municipal corporation, county, or State agency or by an authority created under the laws of the State of Georgia pertaining to public utilities, without regard to whether such facilities were originally installed upon right-of-way of the State Highway System or a county road system, or a municipal street system, where such removal and relocation is made necessary by the construction or maintenance of any public road by the Department: water distribution and sanitary sewer facilities and systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, steam, waste, and storm water not connected with highway drainage, including fire and police signals, traffic-control devices, and street lighting systems. (b) Waiver of provisions in existing permits. The Department, as to municipal corporations, counties, State agencies, and authorities controlled by such municipal corporations, counties, or other State agencies, is authorized to waive provisions in existing permits and agreements in conflict with this law. (c) Limitation on costs payable. The costs of removing and relocating the above facilities, which the Department is authorized to pay or participate in by this section, shall be limited to the cost of removing and relocating those facilities physically in place and in conflict with proposed construction and, where replacement is necessary, to the cost of replacement in kind. That proportion of cost representing improvement or betterment in a facility shall be excluded from cost eligible for payment or participation by the Department under this section, except to the extent that such improvement or betterment is made necessary by the public road construction or maintenance. (d) Cost deemed part of project costs. All costs incurred by the Department under the provisions of this section shall be deemed to be a part of the costs of the project requiring

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removal and relocation of any of the above facilities. Section 95A-1002. Removal and relocation of utilities. (a) Department authorized to order removal and relocation. Any utility using or occupying any part of a public road which the Department has undertaken to improve, or intends to improve, shall remove and relocate its facility when, in the reasonable opinion of the Department, the facility constitutes an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the reasonable opinion of the Department, the facility will interfere with such contemplated construction or maintenance. (b) Notification; failure to remove and relocate. Whenever the Department reasonably determines it necessary to have a utility removed and relocated, the Department shall give to such utility at least sixty (60) days written notice directing the removal and relocation of such utility obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and relocation of the utility facilities, the Department may give the utility a final notice directing that such removal shall be begun not later than ten (10) days from the receipt of such final notice. If such utility does not, within ten (10) days from receipt of such final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the Department may remove or relocate the same with its forces or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary to accomplish the removal or relocation and the expenses of such removal or relocation may be paid and collected as provided in section 95A-1004. Section 95A-1003. Authority of Department to assist a relocated utility in obtaining a replacement right-of-way. (a) Whenever a public road improvement necessitates the acquisition,

Page 1110

by the Department, of a utility's privately-owned rights-of-way and the relocation of such utility's facilities, the Department may, with the written consent of the utility, provide a replacement right-of-way. (b) Whenever a public road improvement requires the relocation of a utility, occupying public road rights-of-way, the Department may, at the written request of such utility, provide to the utility a right-of-way which is not on public road right-of-way. In this event, the utility shall reimburse to the Department the acquisition costs. (c) Title to property acquired for utility relocations under subsection (a) or (b) of this section, and as authorized by section 95A-601, may be transferred to such utility as authorized in section 95A-620. Provided, however, that the procedures for sale of property as set forth in Section 95A-621 shall not be applicable to the transfer of property acquired for utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quit-claim deed by the Commissioner. Section 95A-1004. Expense of utility removal and relocation. The expenses incurred by the Department as a result of utility removal and relocation pursuant to section 95A-1002(b), including the cost of acquiring new land or interests therein pursuant to section 95A-1003(b), shall be paid out of the available appropriations of the Department for the construction or maintenance of public roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the Department. In the event the utility does not make payment or arrange to make payment to the Department within sixty (60) days after the receipt of said statement, the Department shall certify the amount for collection to the Attorney General: Provided, that nothing in this section shall restrict the authority of the Department, pursuant to section 95A-1001, to pay any or all of the expenses of removal and relocation of government-owned utilities; and provided further, that nothing in this Chapter shall be construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation for such property interest. Section 95A-1005. Authority to promulgate regulations. The Department may promulgate reasonable regulations

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governing the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and other such signals, and other equipment and appliances of any utility in, on, along, over, or under any part of the State Highway System or any public road project which the Department has undertaken or agreed to undertake or which has been completed by the Department pursuant to its authority. In addition to the requirements of such Department regulations, it shall be the responsibility of the utility to obtain whatever franchise is required by law. ARTICLE II RAILROADS Section 95A-1006. Maintenance of grade crossings. Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such grade crossings in such condition as to permit the safe and convenient passage of public traffic. Such duty of maintenance shall include that portion of the public road lying between the track or tracks and for two (2) feet beyond the ends of the cross ties on each side of such crossing. Section 95A-1007. Responsibility for construction of new grade crossings. (a) New grade crossing created by new or relocated railroad line. Where a new grade crossing results from the construction of a new or relocated railroad line, the railroad shall be responsible for and bear all expenses of the construction of such grade crossing. The Department, when such a grade crossing is on the State Highway System, a county, when such a grade crossing is on its county road system, or a municipality, when such a grade crossing is on its municipal street system, may impose such terms and conditions on the nature and manner of construction of such a grade crossing, including the installation of protective devices, as may be reasonably necessary for the safety and convenience of the traveling public.

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(b) New grade crossing created by new or relocated public road. Where a new grade crossing results from the construction of a new or relocated public road, the Department, when such road is on the State Highway System, a county, when such road is on its county road system, or a municipality, when such road is on its municipal street system, shall be responsible for and bear all expenses of the construction of such grade crossing. The railroad may impose such terms and conditions on the nature and manner of construction of such a grade crossing, including the installation of protective devices, as may be reasonably necessary for the safety and convenience of the traveling public. While on the right-of-way of any railroad during the construction of any such grade crossing, employees or contractors of the Department or any county or municipality shall be subject to such rules and regulations of the railroad as may be reasonably necessary for the protection of its traffic, passengers, property, and its safe operations. (c) Relocation of existing grade crossing for public safety. Notwithstanding the provisions of subsection (b), the Department, in respect to a grade crossing on the State Highway System, a county, in respect to a grade crossing on its county road system, or a municipality, in respect to a grade crossing on its municipal street system, may close and relocate an existing grade crossing by relocation of a part of the public road involved whenever such closing and relocation is reasonably necessary in the interest of public safety; and the procedure for such closing and relocation and the division of costs of construction shall be the same as provided in sections 95A-1009 and 95A-1010 for elimination of a grade crossing by construction of an underpass or overpass. (d) Department to resolve disputes. Where there is disagreement as to the terms and conditions imposed on the nature and manner of construction by the Department, county or municipality pursuant to the provisions of subsection (a), or by the railroad pursuant to subsection (b), then the Department shall make such determination after reasonable opportunity for a hearing is given to all parties concerned.

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Section 95A-1008. Authority of Department, counties, and municipalities to eliminate grade crossings. When it is reasonably necessary in the interest of public safety the Department in respect to the State Highway System, a county in respect to its county road system, or a municipality in respect to its municipal street system, may authorize and direct the elimination of a grade crossing by construction of an underpass or overpass: Provided, that any such elimination shall be in accordance with the provisions of this Chapter, and that no grade crossing on a county road system or municipal street system shall be eliminated upon order of the county or municipality until and unless the Department shall approve the plans and specifications of the proposed construction. Section 95A-1009. Procedure for grade crossing elimination. (a) Agreement between railroad and Department or county or municipal governing authority. Whenever the Department, a county, or a municipality shall decide to eliminate any grade crossing on their respective public road systems by means of an underpass or overpass, prompt notice of such decision shall be given to the railroad or railroads involved; and within thirty (30) days thereafter the representatives of the Department, the county, or the municipality and of the railroads involved shall meet and, within 90 days, agree to a plan and specifications for the construction of a grade separation structure. Any such agreement between a county, or municipality and a railroad shall be submitted to the Department for its approval, and work leading to the elimination of the grade crossing pursuant to the agreement shall not be begun until and unless the Department approves the same. The Department, county or municipality, by agreement with the railroad or railroads involved, may apportion the work to be done in the construction of such grade separation structure between the railroad or railroads and the Department or the county or the municipality. (b) Procedure if agreement not reached. If agreement is not reached within 90 days, the Department, county, or

Page 1114

municipality may proceed with construction of a grade separation structure or may by written order direct the railroad or railroads involved to proceed with the construction of a grade separation structure according to the plan and specifications accompanying such order: Provided, that no work shall be begun on any grade separation structure on a county or municipal public road system until and unless the Department approves the plan and specifications of such structure. It shall be the duty of said railroad to begin work on any such grade separation structure within four (4) months after receipt of an order to that effect, and to complete that structure within a reasonable time: Provided, the railroad shall not be required to do the actual physical work of providing approaches by fill to an overpass or the excavating beneath an underpass or the approaches thereto, although the cost of such work shall be considered as part of the cost of the grade crossing elimination, whether actually performed by the railroad, the Department, the county, or the municipality, and such cost shall be apportioned as provided in Section 95A-1010. If the railroad does not begin work within four (4) months after receipt of an order to that effect, the Department, county, or municipality may proceed with the construction of the proposed grade separation structure. If the railroad begins work within four (4) months after receipt of an order to that effect, but thereafter fails to complete such work within a reasonable time, the Department, county, or municipality may proceed to complete the unfinished work. (c) Authority to collect costs from railroad. In any case where the construction of all or part of a grade separation structure is done by the Department, a county, or a municipality, a statement of any railroad's share of the costs of the project, as determined pursuant to section 95A-1010, plus eight percent per annum interest on each expenditure of the cost of such project, shall be submitted to the railroad upon completion of the project. In the event that the railroad does not make payment or arrange to make payment to the Department, county, or municipality within sixty (60) days of receipt of said statement, the Department shall certify the amount for collection to the Attorney General, or in the case of a project on a county or municipal public

Page 1115

road system, the county or municipality shall take appropriate action for the collection of the amount thereof. In the event said share is not paid within the time specified above, said share or any unpaid portion thereof shall bear interest at a rate of eight percent per annum from the date due. (d) Railroad approval of plans. The Department, a county, or a municipality shall not construct or require any railroad to construct an underpass of a plan, specification, or design, the strength of which, in the judgment of the railroad shall not be sufficient to meet the requirements of its traffic thereover. In a plan providing for an overpass or underpass, the Department, a county, or a municipality shall not interfere with or change the grade or alignment of the track or tracks of any railroad or relocate the line of the railroad without its consent. Section 95A-1010. Division of costs of grade crossing elimination project. (a) Costs of project in which railroad required to share. The costs of the grade crossing elimination project in which the railroad or railroads shall be required to share shall include the costs of surveys, preparation of plans and specifications, and the securing of estimates or bids, if any, and the total costs of construction of the grade separation structures involved, including the establishment of drainage and any excavation and other expenses involved in constructing public roadways or railroad lines under any grade separation structure: Provided, that the railroad or railroads shall not be required to participate in the cost of any construction outside the limits of grade or alignment change required for the public road to go over or under the track or tracks of the railroad or railroads nor in any costs apportionable to purposes other than the elimination of the grade crossing. Where additional lanes are added to the public road, the railroad's share of the cost, if any, shall be based on the cost of a grade elimination project having the same number of lanes as the public road prior to the construction of said grade elimination project.

Page 1116

(b) Division of costs. The costs of the project shall be shared by the parties involved in such manner as may be agreed upon by the railroad or railroads involved and the Department, county, or municipality. Such agreement shall have precedence over any existing agreement on the same subject matter and shall give consideration to the following factors: the benefits accruing to the railroad or railroads and to the public, respectively, from the elimination of the grade crossing; the circumstances under which the grade crossing was created; any preexisting rights of the railroad or railroads as result of being first in position; comparison of the degree of danger caused by the railroad or railroads and by quantity and character of traffic upon the public road; and what is generally, under comparable circumstances considered to be reasonable, provided that in no event shall the railroad be required to pay more than 50 percent of the cost of a grade crossing elimination project on a county road system or on a municipal street system. In the event agreement cannot be reached, the determination of what portion of the costs shall be the fair and reasonable share of the railroads involved shall be made by the Department after reasonable opportunity for hearing to all parties concerned. In making such determination, the Department shall give due regard to the considerations heretofore enumerated. The agreed, or in the absence of agreement, the independently appraised value of the fee or any lesser interest in the right-of-way of the railroad used for such project shall be determined and such value credited to the railroad as a part of its participation in the cost of the project, provided that nothing in this section shall prevent the Department, county or municipality from exercising its rights of eminent domain as now or hereafter provided by law. For the purpose of this subsection, the costs of the project shall mean: (1) in the case of a project for part of a county road or municipal street system, the total costs of such project, less the sum of any funds for such project furnished by the federal and State governments; and (2) in the case of a project for part of the State Highway System, the total costs of such project, less any funds furnished by the federal government.

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(c) Use of railroad right-of-way. All railroads shall permit the temporary use, free of cost, of so much of their rights-of-way as may be necessary during the construction or maintenance of any of the aforesaid grade separation structures or any grade crossing or protective devices; Provided, that whenever any employees or contractors of the Department or of any county or municipality shall enter the right-of-way of any railroad, they shall be subject to any reasonable rules and regulations such railroad may make for the protection of its traffic, employees, passengers and operations. Section 95A-1011. Maintenance of overpass or underpass. (a) Overpass on State Highway System. It shall be the duty of the Department to maintain all overpasses on the State Highway System. (b) Overpass on county road or municipal street system. It shall be the duty of the county and the municipality to maintain at their own expense the drainage, surface, pavement, approaches, and guardrails of all overpasses on their respective public road systems. It shall be the duty of the railroad involved to maintain at its own expense any floors constructed of wood and the foundations, piers, abutments, and superstructures of all overpasses on the county or municipal public road system. (c) Underpasses. It shall be the duty of the railroad or railroads involved to maintain all underpasses, except the lighting, drainage, and pavement of the public roads thereunder, which shall be maintained by the Department, counties, or municipalities on their respective public road systems. (d) Expense of the Department; railroad; no Department liability. All maintenance herein required by the Department shall be at the expense of the Department, and all maintenance herein required by the railroad shall be at the expense of such railroad: Provided, the duty of maintenance imposed upon the Department by this section shall not operate

Page 1118

to subject the Department to liability for damages resulting from any failure to properly maintain. (e) Except as provided in section 95A-1010(b) hereof nothing in this chapter shall be construed as voiding agreements executed prior to the effective date of this Title. Section 95A-1012. Elimination by agreement. Nothing in this Article shall be construed to prevent the Department, a county, or a municipality from reaching special agreements with a railroad company providing for grade crossing elimination by means of relocation of either the railroad or public road involved, or by other means not expressly provided for in this Article, and from arranging joint participation in the cost of such elimination in accordance with the procedures in section 95A-1010. Section 95A-1013. Improvement of existing underpass or overpass where unsafe or inadequate. Whenever, an existing underpass or overpass is unsafe or inadequate to reasonably serve the traffic for which it was constructed, the Department or the county or the municipality may proceed to bring about improvement of said existing structure. In such event the procedure, division of the cost of construction, and maintenance responsibilities in regard to such improvement shall be as provided in sections 95A-1009 through 95A-1012. Section 95A-1014. Installation of protective devices. (a) Time of beginning work; notice; Department approval, etc. Whenever, in the judgment of the Department in respect to the State Highway System, a county in respect to its county road system, or a municipality in respect to its municipal street system, such protection is reasonably necessary for the safety of the traveling public, the Department or the county or the municipality may order the protection of a grade crossing by the installation of protective devices. Prompt notice of such order shall be given to the railroad or railroads involved, and within thirty (30) days thereafter the representatives of the Department, the county, or the municipality and of the railroad or railroads

Page 1119

involved shall meet and, within 90 days, agree to a plan and specifications for the acquisition and installation of protective devices. If an agreement is not reached within 90 days, the Department, the county, or the municipality may order the railroad company or companies involved to proceed with the acquisition and installation of protective devices, as indicated in the plan and specifications accompanying its order: Provided, that no work leading to the installation of protective devices at a grade crossing on a county or municipal public road system shall be begun until and unless the plan and specifications for such device is approved by the Department. It shall be the duty of the railroad or railroads to proceed with acquisition and installation of protective devices within sixty (60) days after receipt of an order to that effect and to complete such acquisition and installation within six (6) months thereafter. (b) Division of costs of acquisition and installation; maintenance responsibilities. The expense of acquiring and installing a protective device shall be shared between: (1) the Department and the railroad involved in such portions as may be determined by the negotiation procedures set forth in section 95A-1010(b), including consideration of all pertinent factors included in said section 95A-1010(b) to be weighed in determining a reasonable division of costs, and including the right of the Department after a hearing to make the determination of the fair and reasonable cost to be shared by the railroad in the event that agreement as such division of costs cannot be reached; and (2) the county or municipality and the railroad involved, equally: Provided, however, that if such device shall be required as a result of a new road being constructed over an existing railroad, one hundred percent (100%) of such cost shall be the responsibility of the Department, county or municipality involved, and, if at a new railroad, one hundred percent (100%) of such cost shall be the responsibility of the railroad. For the purpose of this subsection expense of acquiring and installing a protective device shall mean: (1) in the case of a protective device for part of a county road or municipal street system, the total cost of such project, less the sum of any funds for such project furnished by the federal and state governments; and (2) in the case of a

Page 1120

protective device for part of the State Highway System, the total cost of such project, less any funds furnished by the federal government. The railroad or railroads shall maintain all protective devices at its or their own expense and nothing in this subsection shall be construed to impose any public liability on the Department or any county or municipality in any manner regarding such devices: Provided, however, that nothing in this subsection shall prevent an agreement between the railroad or railroads and an industry or industries assessing the cost of construction or maintenance of such devices against the industry or industries to be served by such track. (c) Authority to collect costs. In any case where the protective devices are acquired and installed by agreement or by order of the Department, a county or municipality, a statement of such public agency's share of the costs of the project as determined by such agreement or pursuant to the provisions of subsection (b), shall be submitted by the railroad involved to the public agency involved upon completion of the project and upon non-payment may be collected as provided by law. Section 95A-1015. Underpass or overpass pursuant to new or relocated railroad line or public road. Where, because of the building of new or relocated railroad track or tracks or because of a new or relocated public road, a grade crossing would otherwise be created and the Department, the county, or the municipality having jurisdiction of the public road involved, determines that it is reasonably necessary and in the public interest to prevent such grade crossing by means of an underpass or overpass, the procedure to be followed, the division of costs, and the maintenance responsibilities shall be the same as is provided in sections 95A-1009 through 95A-1011. Section 95A-1016. Regulation of traffic when necessary to perform maintenance. (a) Duty of railroads to assist the Department, counties and municipalities. Whenever it is necessary for the Department, a county or a municipality to perform any maintenance

Page 1121

in regard to a grade separation structure, protective devices, or grade crossing, responsibility for which is imposed on such Department, county, or municipality by the provisions of this Article, and the regulation and control of railroad traffic is necessary for the performance of such maintenance, it shall be the duty of the railroad or railroads involved, after receiving notice, to assist the Department, county or municipality by providing reasonable regulation and control of railroad traffic, having due regard to the needs of such traffic and to the public welfare. (b) Duty of Department, counties, and municipalities to assist railroads. Whenever it is necessary for a railroad to perform any maintenance in regard to a grade separation structure, protective devices, or grade crossing, responsibility for which is imposed on such railroad by the provisions of this Article, and the regulation and control of pedestrian and vehicular traffic is necessary for the performance of such maintenance, it shall be the duty of the Department, the county or the municipality, after having received notice, to assist the railroad by providing reasonable regulation and control of pedestrian and vehicular traffic, having due regard to the needs of such traffic and to the public welfare. Section 95A-1017. Authority for Department, counties and municipalities to require performance of railroads' responsibilities of maintenance and authority for railroads to require performance of Department's, counties' and municipalities' responsibilities of maintenance. (a) Whenever any maintenance of a grade separation structure, protective devices, or a grade crossing is reasonably necessary for the safety and convenience of the traveling public and such maintenance is the responsibility of a railroad under the provisions of this Article, the Department, county or the municipality concerned may give written notice to the railroad of the necessity of such maintenance. If the railroad does not proceed with the performance of such maintenance within thirty (30) days after receipt of such notice, the Department, the county or the municipality may perform such maintenance and thereafter

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collect from the railroad the cost of such maintenance, following the collection procedures of Section 95A-1009(c). Nothing in this section shall be construed so as to prevent the Department, a county or a municipality from performing any emergency maintenance, which is necessary for the safe passage of public traffic, provided reasonable notice is given to the railroad involved, and from collecting the expenses of such maintenance. (b) Whenever any maintenance of a grade separation structure, protective devices, or a grade crossing is reasonably necessary for the safe passage of railroad traffic and such maintenance is the responsibility of the Department, a county or municipality, the railroad concerned may give written notice to the Department, county or municipality of the necessity of such maintenance. If the Department, county or municipality does not proceed with the performance of such maintenance within thirty (30) days after receipt of such notice, the railroad may proceed to enforce performance of such maintenance as provided in section 95A-1019. Nothing in this section shall be construed so as to prevent a railroad from performing an emergency maintenance which is necessary for the safe passage of railroad traffic, provided reasonable notice is given to the Department, county or municipality involved, and from collecting the expenses of such maintenance. Section 95A-1018. Review of order. Any judgment, decision, or order of the Department, upon any question involving the advisability or necessity of eliminating any grade crossing, of installing any protective device, or of improving any grade crossing structure, or involving any other question concerning the State Highway System arising under the provisions of this Article, shall be subject to judicial review, in such manner as is now or hereafter provided by law. Pending the final determination of any judicial proceedings so instituted, the Department, without prejudice to it or the railroad involved, and at its own risk, may proceed with the work involved in such litigation, subject to final judgment of the court as to all questions involved in such litigation.

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ARTICLE III RIGHT TO INJUNCTIVE RELIEF Section 95A-1019. Right to injunctive relief. The Department, or county or the municipality or the railroad or the utility concerned, may petition for an injunction to enforce the performance of any duty, or act, imposed by this Chapter or for an order to restrain the breach of any duty or the commission of any act, imposed or prohibited or unauthorized by the provisions of this Chapter. CHAPTER SECTION 95A-11. CRIMES Section 95A-1101. Misdemeanor to violate provisions of Title. Section 95A-1102. Construction and maintenance of private roads prohibited. Section 95A-1103. Duty of law enforcement officers to enforce provisions of this Title. Section 95A-1101. Misdemeanor to violate provisions of Title. Whoever violates any of the provisions of this Title for which no specific penalty is provided, whether or not such act or omission is expressly declared elsewhere in this Title to be unlawful, or any of the rules and regulations issued under authority of and in accord with the provisions of this Title, upon conviction shall be punished as for a misdemeanor: Provided, that a violation of sections 95A-959 and 95A-960 shall not be considered a crime. In addition, the Department shall have the right to enjoin any act or omission so punishable as a misdemeanor or punished otherwise as provided elsewhere in this Title. Section 95A-1102. Construction and maintenance of private roads prohibited. It shall be unlawful for any official, officer, or employee of the Department, the State Tollway Authority, the Georgia Highway Authority, or any similar

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authority hereafter created, or of any county or municipality to authorize the construction or maintenance of any private road. Section 95A-1103. Duty of law enforcement officers to enforce provisions of this Title. It shall be the duty of all state and local law enforcement officers to enforce any provisions of this Title which states that any act or omission is unlawful. CHAPTER 95-12. GEORGIA HIGHWAY AND TOLLWAY AUTHORITIES ARTICLE I. GEORGIA HIGHWAY AUTHORITY Section 95A-1201 Definitions. Section 95A-1202 Authority as a political entity; powers not to be impaired or diminished; rights of holders of bonds not to be impaired or diminished. Section 95A-1203 Membership of the Authority. Section 95A-1204 Powers of the Authority. Section 95A-1205 Contracts; competitive bids. Section 95A-1206 Conveyance of property. Section 95A-1207 Authority authorized to reimburse political subdivisions for property used as an Urban Road. Section 95A-1208 Initiation of projects; surveys, plans, specifications, and studies by Department, reimbursement for expenses. Section 95A-1209 Lease of projects. Section 95A-1210 County or Urban Road projects to become part of public road system. Section 95A-1211 Cessation of rentals.

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Section 95A-1212 Payment of rentals; enforcement of covenants. Section 95A-1213 Authority fund. Section 95A-1214 Bonds. Section 95A-1215 Same; sale price and interest rate. Section 95A-1216 Same; form; denominations; registration; place of payment. Section 95A-1217 Same; signatures; seal. Section 95A-1218 Same; negotiability; exemption from taxation. Section 95A-1219 Same; proceeds of bonds. Section 95A-1220 Same; interim receipts and certificates or temporary bonds. Section 95A-1221 Same; replacement of lost or mutilated bonds. Section 95A-1222 Same; condition precedent to and object of issuance. Section 95A-1223 Same; credit of State not pledged. Section 95A-1224 Same; security. Section 95A-1225 Same; to whom proceeds of bonds shall be paid. Section 95A-1226 Same; pledges of revenue. Section 95A-1227 Same; remedies of bondholders. Section 95A-1228 Same; refunding bond.

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Section 95A-1229 Same; bonds as legal investment; security for deposit. Section 95A-1230 Same; exemption from taxation; covenant of State. Section 95A-1231 Same; venue and jurisdiction of actions. Section 95A-1232 Same; Validation. Section 95A-1233 Same; adjudication declaratory of lease contracts' validity. Section 95A-1234 Same; interest of bondholders protected. Section 95A-1235 Moneys held as trust funds. Section 95A-1236 Powers declared supplemental and additional. Section 95A-1237 Liberal construction of Article. ARTICLE II. STATE TOLLWAY AUTHORITY Section 95A-1238 Definitions. Section 95A-1239 Authority as a political entity. Section 95A-1240 Membership of the Authority. Section 95A-1241 Powers of the Authority. Section 95A-1242 Contracts; competitive bids. Section 95A-1243 Joint meetings of Authority and Board; project studies; reimbursement of Board for expenses. Section 95A-1244 Power to convey highway rights-of-way to Authority.

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Section 95A-1245 Exercise of toll powers. Section 95A-1246 Cessation of tolls; conveyance to State. Section 95A-1247 Authority fund. Section 95A-1248 Rules and regulations for operations of projects. Section 95A-1249 Revenue bonds. Section 95A-1250 Same; sale price and interest rate. Section 95A-1251 Same; form; denominations; registration; place of payment. Section 95A-1252 Same; signature; seal. Section 95A-1253 Same; negotiability; exemption from taxation. Section 95A-1254 Same; proceeds of bonds. Section 95A-1255 Same; interim receipts and certificates or temporary bonds. Section 95A-1256 Same; replacement of lost or mutilated bonds. Section 95A-1257 Same; conditions precedent to issuance; object of issuance. Section 95A-1258 Same; credit of State not pledged. Section 95A-1259 Same; security. Section 95A-1260 Same; to whom proceeds of bonds shall be paid. Section 95A-1261 Same; pledges of revenue; sinking funds.

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Section 95A-1262 Same; remedies of bondholders; taxing power not affected. Section 95A-1263 Same; refunding bonds. Section 95A-1264 Same; bonds as legal investments; security for deposit. Section 95A-1265 Same; exemption from taxation; covenant of State. Section 95A-1266 Same; venue and jurisdiction of action. Section 95A-1267 Same; validation. Section 95A-1268 Same; interest of bondholders protected. Section 95A-1269 Moneys held as trust funds. Section 95A-1270 Revenues, tolls, and earnings; use. Section 95A-1271 Powers declared supplemental and additional. Section 95A-1272 Liberal construction of Article. ARTICLE I GEORGIA HIGHWAY AUTHORITY Section 95A-1201. Definitions. As used in this Article, the following words and terms shall have the meaning hereafter indicated unless the context shall clearly indicate another or different meaning or intent: (a) Authority. The public corporation created by an Act approved April 4, 1967 (Ga. L. 1967, pp. 385, 387; Ga. Code Ann. ch. 95-23), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 385), and further amended by an Act

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approved April 3, 1972 (Ga. L. 1972, p. 826), known as the Georgia Highway Authority Act which merged the public corporation, 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 with the Georgia State Highway Authority heretofore created by an Act approved March 25, 1953 (Ga. L. 1953, p. 626), as amended, and known as the Georgia State Highway Authority Act, which provided, as stated in said 1967 Act, that: all property, assets, choses in action, or other things of value of both of the constituent public corporations shall be vested in and be the property of the Georgia Highway Authority (the continuing and surviving public corporation); all the rights, powers, and duties, including their perpetual existence heretofore legally granted to both constituent public corporations, shall be vested in the Georgia Highway Authority, subject, however, to all debts, obligations, liabilities, and duties incurred by the two constituent public corporations; the purpose and intention of such merger was that the Georgia Highway Authority as the successor and continuing corporation, would be for the continuation of all the purposes of both constituent public corporations and would be vested with the rights, powers, duties, and obligations of both constituent public corporations, together with the additional powers and rights granted by the aforesaid Georgia Highway Authority Act of 1967. (b) Bonds and revenue bonds. Any bonds issued by the Authority or either of the constituent public corporations, whether issued under the provisions of this Article or otherwise, including refunding bonds. (c) Project. As used in this Article, the term project shall mean: (1) A continuous length or stretch of State Road (including bridges thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Article, or as to which any such action has been completed by the Authority; and

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(2) A continuous length or stretch of County Road (including bridges thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Article, or as to which any such action has been completed by the Authority; and (3) A continuous length or stretch of Urban Road (including bridges thereon) as to which the Authority has undertaken or agreed to undertake any action permitted by the terms of this Article, or as to which any such action has been completed by the Authority; and (4) One or more bridges (as herein defined) together with the approaches thereto (as herein defined). (d) Bridge. A structure of standard design approved by the Department or its successor in office erected in order: (1) To afford unrestricted vehicular passage over obstructions in the public roads of the State; or between the State and any neighboring state, including but not limited to, rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public roads, and canals; and (2) To afford unrestricted vehicular passage under existing railroads and public roads. (e) Approach. Not more than three miles of the traffic artery on either end of the bridge and within the limit shall mean so much of the traffic arteries on either end of the bridges as shall be required to develop the maximum traffic capacity of the bridge, including necessary grading, paving, drainage structures or facilities, and other construction necessary to the approach. (f) State Road. Any public road or portion thereof which is part of the State Highway System, the National System of Interstate and Defense Highways, the federal-aid primary system, the federal-aid secondary system, or the Appalachian Development Highway System, together with the local access roads appertaining thereto, in the manner provided by law.

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(g) County Road. Any public road or portion thereof, not located wholly within the boundaries of an incorporated municipality and not now or as of the particular time of inquiry in the future part of a State Road or Urban Road as defined herein, provided that the meaning of the term County Road shall include a public road or portion thereof on the federal-aid secondary system if such road or portion thereof is not part of the State Highway System. The term shall include not only such roads as come within this definition at the time of the approval of this Article, 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 Article. The fact that a road owned by the Authority and leased to the State may, as provided by this Article, be declared part of the State Highway System shall not destroy its identity as a county road for the purposes of this Article: Provided, that nothing in the definition of county road shall in any manner alter the legal effect of said term which is intended to be synonymous with rural road as used in the Georgia Highway Authority Act of 1967. (h) Urban Road. Any public road or portion thereof located: (i) Anywhere wholly within the boundaries of an urban county; or (ii) Wholly or partly within an urban incorporated municipality within the boundaries of a county with a population under 50,000 according to the most recent official United States census and extending no more than two miles outside of such urban incorporated municipality. The term shall include not only such roads as come within this definition at or after the approval of this Article, 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 Article. The fact that a road owned by the Authority and leased to the State may as provided by this Article be declared part of the State Highway System shall not destroy its identity as an Urban Road for the purposes of this Article.

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(i) Urban County. Any county with a population of more than 50,000 according to the most recent official United States census. (j) Urban Incorporated Municipality. A municipal corporation incorporated and chartered pursuant to an Act of the General Assembly of Georgia, and which has a population of 5,000 or more according to the most recent official United States census. (k) Governing Authority of a County. The commissioner, board of commissioners, commission or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county. (l) Governing Authority of any Incorporated Municipality. The mayor, board of aldermen, city council, board, council, commission or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any incorporated municipality. (m) Cost of project or projects. The cost of construction, cost of all lands, properties, franchises, and rights in property, the cost of all machinery and equipment necessary for operation of a project, financing charges, interest prior to and during construction, cost of engineering, plans and specifications, surveys and supervision, legal expenses, expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, fiscal expense, and such other expense as may be necessary or incident to the financing authorized by this Article and the expense of construction or any action permitted by this Article with respect to a particular project, and the placing of the same in operation, and including any other expense authorized by this Article to be incurred by the Authority which is incurred with respect to any action as regards a particular project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under the provisions of this Article for such project or group of projects.

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(n) Self-liquidating. A project or group of projects shall be self-liquidating if in the judgment of the Authority the revenues, rents, and earnings derived by the Authority therefrom will be sufficient to pay the principal of and interest on bonds which may be issued for the cost of such project or group of projects plus the cost of maintaining, repairing, and operating said projects or combination of projects and other lawful expenses of the Authority. (o) Board. As used in this Article shall mean either the State Transportation Board or the Commissioner of the State Department of Transportation acting as the chief executive officer of said Department and whenever any action is required to be taken, any power is permitted to be exercised, any approval to be granted or any contract is to be executed pursuant to any provision of this Article by the State Transportation Board, the same may be taken, exercised, granted, or executed by said Commissioner to the extent permitted by law. Section 95A-1202. Authority as a political entity; powers not to be impaired or diminished; rights of holders of bonds not to be impaired or diminished. The Georgia Highway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of this State known as the Georgia Highway Authority. It shall continue to have perpetual existence. In said 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 subject to the limitations of Section 95A-1231. Except as provided in this Article, the powers heretofore granted by law to the Georgia Highway Authority to carry out the purpose for which it was originally created shall not be impaired or diminished. Furthermore, no provision of this Article is intended to, nor shall any provision be construed as, diminishing or impairing the rights of the holders of any bonds issued by the Georgia Rural Roads Authority or the Georgia State Highway Authority or of the holders of any bonds issued by the Georgia Highway Authority outstanding before the approval of this Article,

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and should it be determined that any provision of this Article, does diminish or impair any such right in any manner such provision is hereby declared to be ineffective to that extent, but shall be effective for all other purposes. Section 95A-1203. Membership of the Authority. The members of the Georgia Highway Authority shall be ex officio the Governor, the Commissioner of the Department of Transportation, and the Director of the office of Planning and Budget as a separate and distinct duty for which they shall receive no additional compensation. All members of the Authority shall be entitled to all actual expenses necessarily incurred while in the performance of their duties on behalf of the Authority. The Authority shall elect one of its members as chairman. It shall also elect a secretary and treasurer, who need not necessarily be a member of the Authority. The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. A majority of the members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Article. No vacancy on the Authority shall impair the right of the quorum to transact any and all business as aforesaid. Members of the Authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the Authority, including books of income and disbursements of every nature. The books and records shall be inspected and audited by the State Auditor at least once a year. Section 95A-1204. Powers of the Authority. The Authority shall have, in addition to any other powers conferred in this Article, the following powers: (a) To have a seal and alter the same at its pleasure; (b) To acquire, by purchase, exchange, lease, or otherwise, and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes;

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(c) To appoint such additional officers, who need not be members of the authority, as the Authority deems advisable, and to employ such experts, agents, and employees as may be in its judgment necessary to carry on properly the business of the Authority; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same: Provided, however, that the total compensation paid such persons shall not exceed the sum of $100,000 per year; (d) To make such contracts and agreements as the legitimate and necessary purposes of this Article shall require, and to execute and perform lease contracts for projects as permitted by this Article, and to make all other contracts and agreements as may be necessary to the proper performance of any action permitted by this Article; (e) To build, rebuild, relocate, construct, reconstruct, surface, resurface, lay out, grade, repair, improve, widen, straighten, operate, own, maintain, lease, and manage projects located on property conveyed to the Authority as herein authorized, and to pay the cost in whole or in part of any such action or actions from the proceeds of bonds; (f) To borrow money for any of its corporate purposes and to issue bonds for such purposes as hereinafter provided; (g) To exercise any power granted to private corporations not in conflict with the Constitution and laws of this State, nor with other provisions of this Article; (h) By or through its agents, or employees, to enter upon any lands, waters, and premises in the State for the purpose of making surveys, soundings, drillings, and examinations as the Authority may deem necessary or convenient for the purposes of this Article, and such entry shall not be deemed a trespass. The Authority shall, however, make reimbursement for any actual damage resulting from such activities; (i) To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and

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relocation of pipes, mains, conduits, cables, wires, poles, towers, tracts, and other equipment and appliances of any public utility in, on, along, over, and under any project; (j) To do and perform all things necessary or convenient to carry out the powers conferred upon the Authority by this Article; (k) To prescribe rules and regulations as approved by the Department of Transportation for the operation of each project constructed under the provisions of this Article, including rules and regulations to insure maximum use of each such project. Section 95A-1205. Contracts; competitive bids. All contracts of the Authority for the construction of any project authorized by this Article shall be let to the reliable bidder submitting the lowest sealed bid upon plans and specifications approved by the Department, as set forth in sections 95A-805 through 95A-815 of this Title: Provided, however, and subject to the restriction on the subletting of negotiated contracts as contained in chapter 95A-8 of this Title, that the Authority may contract with any county or other political subdivision of the State for the construction of any project situated wholly or partly within such subdivision, upon agreed terms, but the work provided for by such contract shall be at unit prices, which shall not exceed the average of the unit prices submitted in the immediate preceding sixty (60) days by competitive bidders for similar work to the Department or the Authority, whichever may be lower, as determined and averaged by the State Highway Engineer or his designated subordinate. Section 95A-1206. Conveyance of property. (a) The Governor of this State is authorized and empowered to convey to the Authority, on behalf of the State, any real property or interest therein, or any rights-of-way now or hereafter owned by the State (including property or rights-of-way acquired in the name of the Department or Board) which is used at the time, or may be used upon completion of any action permitted to the Authority by this Article, be used as a State Road or a County Road, or an Urban Road. The

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consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance: Provided, however, that such consideration shall be nominal, the benefits flowing to the State and its citizens, constituting full and adequate actual consideration. (b) The governing authority of any political subdivision of this State (which for the purpose of this Title is a county or an incorporated municipality of this State) is authorized and empowered, on behalf of such political subdivision to convey to the Authority any real property or interest therein for any rights-of-way now or hereafter owned by such political subdivision, which is used at the time, or may be upon completion of any action permitted to the Authority by this Article, used as a County Road or an Urban Road, if conveyed by a county, or as an Urban Road if conveyed by an incorporated municipality. The consideration for such conveyance shall be determined by the governing Authority of such political subdivision and expressed in the deed of conveyance. Such consideration however, shall be nominal, the benefits flowing to the political subdivisions and its citizens, constituting full and adequate actual consideration. Provided, however that nothing in this subsection shall prevent the Authority from reimbursing a political subdivision, as authorized in Section 95A-1207. (c) The Board or its successors and the Department are empowered to acquire, in any manner now permitted to it by law, and to expend funds available to it for such acquisition, real property, interests therein, or rights-of-way which upon acquisition may be conveyed by the Governor as above provided to the Authority. Section 95A-1207. Authority authorized to reimburse political subdivisions for property used as an Urban Road. Notwithstanding any provisions of this Article 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 Article, when such real property

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or interest therein or any rights-of-way are used as an Urban Road. Section 95A-1208. Initiation of projects; surveys, plans, specification, and studies by Department; reimbursement for expenses. (a) Action by the Authority as respects any project or combination of projects shall be initiated as follows: The Board, after investigation, shall by resolution recommend to the Authority the undertaking with respect to a specific project or a group of projects of any action permitted by this Article deemed by said Board to be desirable in the public interest and consistent with the purposes hereof. The Authority shall consider such request and may by resolution provide for undertaking and financing of all or any part of such recommended actions, but it shall be under no duty to undertake or finance any of them. (b) The Board is authorized to make and to expend any funds available to it for the purpose of making surveys, studies, and estimates in connection with formulating its recommendations to the Authority; and it is further authorized to prepare and furnish and expend its funds for the purpose of preparing all necessary plans and specifications and furnishing all engineering skill and supervision for any project or projects with respect to which the Authority has undertaken or contemplates undertaking any action permitted by this Article. The Department shall keep an accurate record of such expenses which, if not reimbursed or paid for by the Authority as hereinafter permitted, shall be deemed proper and legitimate expenses of said Board and Department. (c) The surveys, plans, and specifications for any action taken by the Authority with respect to any project shall be prepared by the Department and the engineering and construction supervision shall be performed by Department unless the Board specifically authorizes the Authority to do so with its own employees and agents. In any event, all such plans and specifications shall be approved by the State Highway Engineer before work is entered upon pursuant thereto.

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(d) The Authority may contract to reimburse the Department for surveys, studies, estimates, plans, specifications, furnishing engineering skill and supervision, and for any other services permitted by this Article from the proceeds of any issue of revenue bonds secured by the rentals of the project or group of projects with respect to which the services were rendered, and the same shall be considered as part of the cost of the project. (e) In selecting projects pursuant to the provisions of this section, the Board shall locate Urban Road projects according to a formula which will allocate to each urban incorporated municipality or urban county, as the case may be, a project or projects estimated to cost an amount approximately equal to the percentage of $100,000,000 which 110% of the population of such urban incorporated municipality or which 100% of the population of such urban county, as the case may be, bears to the sum of the total population of all urban counties plus 110% of the total population of all urban incorporated municipalities (except those in urban counties). Population, as used herein shall mean the population figures according to the most recent official United States census. If any urban incorporated municipality or urban county fails to qualify for one or more of its projects, the Board shall have full authority to substitute other projects, but such substituted project shall count in the formula allocation and the urban incorporated municipality or urban county which failed to qualify shall have a cumulative credit for the amount of such forfeited project. Section 95A-1209. Lease of projects. The Authority, as lessor, is authorized to lease any project or group of projects to the State and the Department, as lessees, and the Governor, on behalf of the State and the Commissioner on behalf of the Department, are authorized to execute and enter upon such leases for the use of a project or group of projects by the State, the Department, and the general public, and such leases may contain such of the terms and conditions hereinafter set forth as may be applicable to the undertaking:

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(a) Said leases shall be for a term not in excess of fifty (50) years; (b) The rental to be paid for the use of the project or projects shall be fixed by the Authority and shall be calculated so as to enable the Authority: (1) To pay the principal of and interest on the bonds, the proceeds of which have been or will be spent on the cost of the project or projects thus leased, including premium, if any; (2) To comply with any sinking fund requirement contained in the indenture of trust securing such bonds; (3) To pay the cost of constructing, re-constructing, maintaining, repairing, and operating such project or projects; (4) To perform fully all of the provisions of the trust indenture securing the bonds to the payment of which such rental is pledged; (5) To pay the pro rata share of the reasonable and necessary administrative and operating expense of the Authority, including any sum or sums that may be owed to the Department as a result of expenditure made by that Department under the provisions of this Article; (6) To accumulate any excess income which may be required by the bond purchasers or dictated by the requirements of achieving ready marketability and low interest rates of the bonds; (7) To pay any expenses in connection with the bond issue or project or group of projects such as trustees' fees, counsel fees, fiscal fees, and the like; (c) The rental shall be payable at such intervals as may be agreed upon and set forth in such lease, and any lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking

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of the Authority with respect to any project or projects; and it may also provide for payment of rental during such times as the leased project or group of projects may be partially or wholly untenantable; (d) The lease may obligate the lessees to maintain and keep in good repair (including complete reconstruction, if necessary) the leased projects, regardless of the cause of the necessity for such maintenance, repair, or reconstruction. If such provision be included in any lease, then the maintenance, repair, upkeep, and reconstruction, if necessary, shall be performed by the Department which is hereby authorized to expend any sums legally available to it in carrying out such obligations: Provided, however, that as to any project which is a County Road, or Urban Road, or State Road as herein defined which is not part of the State Highway System, the duty of maintenance and repair shall rest upon the incorporated municipality within the limits of which lie any part of the project and upon the county for the remaining part of such project lying outside such limits, as in the case of other public roads of the county or of the municipality, provided further that if the entire project lies within the limits of the incorporated municipality such municipality then shall have the duty of maintenance and repair of the entire project, and provided further that if no part of said project lies within the limits of an incorporated municipality then the county shall have the duty of maintenance and repair of the entire project. (e) The lease may obligate the lessees to indemnify and save harmless the Authority from any and all injury and damage to persons or property occurring on or by reason of the leased premises and improvements thereon, and to undertake at State expense the defense of any actions brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises; and a lease may contain a similar obligation on the part of the county through which runs a project covered by the lease. Section 95A-1210. County or Urban Road projects to become part of public road system. Each County or Urban

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Road project leased by the Authority to the State and the Department, upon completion of the action with respect thereto undertaken by the Authority, shall be a part of the system of public roads of the State and of the county or counties or incorporated municipality or municipalities wherein the project is located; but no such project shall become a part of the State Highway System until designated as such as provided by law. Section 95A-1211. Cessation of rentals. 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 shall henceforth be maintained, free from any and all rental consideration, by the Department if part of the State Highway System, and if a County Road or an Urban Road then by the political subdivision which under section 95A-1209 (d) had the duty to maintain the project prior to the cessation of rentals: Provided, upon the cessation of rentals upon any given project, the Authority may convey by deed all right, title, and interest in and to such project to the Department as part of the State Highway System and if not part of the State Highway System then to the political subdivision having maintenance responsibility for the project under this section; and provided further, that the Department shall maintain and keep in repair such free project or projects as are a part of the State Highway System. Section 95A-1212. Payment of rentals; enforcement of covenants. The rentals contracted to be paid by lessees to the Authority under leases entered upon pursuant to this Article shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of

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the Constitution of the State of Georgia. It shall be the duty of the Governor and the Board to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Article, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 95A-1213. Authority fund. All revenues in excess of all obligations of the Authority of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the Authority for the security of bonds issued hereunder, together with all receipts and gifts of every kind and nature whatsoever, shall be and become the Authority fund. The Authority in its discretion shall pledge or utilize the Authority fund for any one or more of the following purposes: (a) Pledges to the payment of any bond issue requirements, sinking or reserve funds, as may be provided for under the terms of this Article; (b) Payment of any outstanding unpaid bond obligations or administrative expenses; (c) The construction of any project requested by the Board the cost of which may amount to a sum less than the accumulated balance of such fund; (d) The most advantageous obtainable purchase redemption and retirement of the Authority's bonds pursuant to privileges accorded to the Authority in the various issues of bonds outstanding;

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(e) The most advantageous open market purchase of the Authority's bonds that it may accomplish; (f) Investment in obligations of the United States or obligations of agencies of the United States, the payment of which is guaranteed by the United States, of guaranteed convertibility or maturity not in excess of two (2) years: Provided, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this Section. Section 95A-1214. 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 County 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 95A-1215, 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 Article for such payment, shall mature not later than thirty (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, 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 sum mature. Section 95A-1215. Same; sale price and interest rate. All bonds of the Authority shall be sold by public competitive bidding at not less than par plus accrued interest to the date

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of delivery: Provided, however, the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the date of sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchaser or purchasers of such bonds. All bonds of the Authority shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder: Provided, on any issue the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided, and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bonds: and Provided, further, the Authority may require reasonable security for the performance of the contract of purchase of any successful bidder at any public bidding held. Section 95A-1216. Same; form; denominations; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Section 95A-1217. Same; signatures; seal. In case any officer shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature

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or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 95A-1218. Same; negotiability; exemption from taxation. All bonds issued under the provisions of this Article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds, their transfer, and the income thereof shall be exempt from all taxation within the State. Section 95A-1219. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects and shall be disbursed upon requisition or order of the chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture may provide. If the proceeds of such bonds, by error of calculation, or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds or shall be used for construction of additional projects as the resolution creating such bonds and the trust indenture securing them may provide.

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Section 95A-1220. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority, under like restrictions, may issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 95A-1221. Same; replacement of loss or mutilated bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 95A-1222. Same; condition precedent to and object of issuance. Resolutions for the issuance of bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Article. In the discretion of the Authority, bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of projects at any one location or any number of locations. Any resolution providing for the issuance of bonds under the provisions of this Article shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 95A-1223. Same; credit of State not pledged. Bonds issued under the provisions of this Article shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 95A-1224. Same; security. In the discretion of the Authority, any issue of such bonds may be secured by

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a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for any project or projects upon the default of any principal or interest payment upon the bonds thereof, and the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other charges for the use of the project or projects necessary to pay all costs of operation, the principal and interest on the issue, and cost of collection, and all things reasonably necessary to accomplish the collection of such sums, in the event of any default of the Authority, and such resolutions or trust indentures may include covenants setting forth the duties of the Authority in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision of Department engineers or others satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given, by contractors and by any depository of the proceeds of the bonds or revenues or other moneys, be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the right and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem advisable, reasonable, and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated

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as a part of the cost of maintenance, operation, and repair of the project affected by such indenture or an administrative expense of the Authority. Section 95A-1225. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purpose hereof, subject to such regulations as this Article and such resolution or trust indenture may provide. Section 95A-1226. Same; pledges of revenues. The revenues, rents, and earnings derived from any particular project or combined projects or any and all funds from any source received by the Department and pledged and allocated by it to the authority as security for the performance of any lease, or leases, or any and all revenues, rents, and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenue were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged by the Authority to payment of principal and interest on bonds of the Authority as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, but, except as may otherwise

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be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any moneys in all sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the Authority fund provided for in Section 95A-1213. Section 95A-1227. Same; remedies of bondholders. Any holder of bonds or interest coupons issued under the provisions of this Article, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Article, or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the Board and the Department or either of them or their respective successors; and in the pursuit of its remedies as subrogee, may proceed, either at law or in equity, by suit, action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest

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thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or incumbrance, legal or equitable, upon the property of the State: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials to the provisions of Article VII, Section VI, Paragraph I(a) [Ga. Code Ann. section 2-5901] and Article VII, section IX, Paragraph IV(b) [Ga. Code Ann. section 2-6204] of the Constitution of the State of Georgia of 1945 and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 95A-1228. Same; refunding bonds. The Authority is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of refunding bonds of the Authority for the purpose of refunding any bonds issued under the provisions of this Article and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holder thereof and the duties of the Authority in respect to the same, shall be governed by the provisions of this Article insofar as the same may be applicable. Section 95A-1229. Same; bonds as legal investment; security for deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or hereafter may be authorized to invest in bonds or other obligations of

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the State may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or hereafter may be authorized. Section 95A-1230. Same; exemption from taxation; covenant of State. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Article and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any fees, rental, or other charges for the use of such projects or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State. Section 95A-1231. Same; venue and jurisdiction of actions. Any action to protect or enforce any rights under the provisions of this Article, and any action pertaining to validation of any bonds issued under the provisions of this Article, brought in the courts of the State, shall be brought in the Superior Court of Fulton County, Georgia, which shall have exclusive original jurisdiction of such actions. Section 95A-1232. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law [Ga. L. 1937, p. 761, as amended; Ga. Code Ann. ch. 87-8], as the same has been or may hereafter be amended.

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Section 95A-1233. Same; adjudication declaratory of lease contracts' validity. In and as an integral, but independent, part of the bond validation proceedings under this Article, or separately, the Authority is hereby given the right to and privilege of a simultaneous or separate right of action, suit, or countersuit or equitable bill against the State and the Board and Department for a declaratory adjudication of the validity and binding effect of all lease contracts whose rental income may be pledged, or partially pledged, to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the purported contracts contested are in all respects good and sufficient, valid and binding obligations of the Board and Department. Any citizens of the State may intervene in such actions and assert any ground of objection. It shall be incumbent upon the Board and Department to defend against an adjudication of such validity or be forever bound unto the Authority and all succeeding to the rights of the Authority thereafter. Such adjudications may be rendered as an integral, but independent part of the judgment upon the validation issue with which they are contested, or separately. Section 95A-1234. 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, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance by its Board and Department, or either of them, or their successors, of all project rental and lease contracts and all the covenants thereof entered into under this Article. The provisions of this Article shall be for the benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provisions of this Article shall constitute an irrevocable contract with the holders of such bonds. Section 95A-1235. Moneys held as trust funds. All moneys received pursuant to the authority of this Article,

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whether as proceeds from the sale of bonds, or as revenues, tolls, and earnings, shall be deemed trust funds to be held and applied solely as provided in this Article, and the bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indentures of the Authority. Section 95A-1236. Powers declared supplemental and additional. The foregoing sections of this Article shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; and shall not be regarded as in derogation of any powers now existing. Section 95A-1237. Liberal construction of Article. This Article, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. ARTICLE II STATE TOLLWAY AUTHORITY Section 95A-1238. Definitions. As used in this Article, the following words and terms shall have the following meanings unless otherwise provided in this Article. (a) State Tollway Authority. The State Tollway Authority created by Section 2 of an Act approved March 10, 1972 (Ga. L. 1972, p. 179), known as the State Tollway Authority Act, which Act amended an Act approved March 2, 1953 (Ga. L. 1953, p. 302), as amended. (b) Revenue bonds. Any bonds issued pursuant to this Article shall mean revenue obligations as defined in the State Constitution. (c) Project. One or more bridges, or a system of roads, bridges, and tunnels, with access limited or unlimited as determined by the Authority, and such buildings, structures,

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parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system. (d) Bridge. A structure erected in order to afford unrestricted vehicular passage over or under obstructions in the public roads of the State, or between the State and any neighboring State, including but not limited to rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public roads, and canals. (e) Approach. That distance on either end of a bridge as shall be required to develop the maximum traffic capacity of a bridge, including, but not limited to, necessary rights-of-way, grading, paving, minor drainage structures, and such other construction necessary to the approach. (f) Cost of project. The cost of construction, including relocation or adjustments of utilities, the cost of all lands, properties, rights and easements and franchises acquired, relocation expenses, 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 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 Article for such project. (g) Self-liquidating. Any project or combination of projects shall be so deemed if, in the judgment of the Authority,

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the revenues and earnings to be derived by the Authority therefrom shall be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (h) Utility. Any 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. (i) Relocation expenses. 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. Section 95A-1239. Authority as a political entity. The State Tollway Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the State known as the State Tollway Authority. It shall have perpetual existence. In said 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 subject to the limitations of section 95A-1266. Section 95A-1240. Membership of the Authority. The members of the Authority shall be ex officio the Governor,

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the Commissioner, and the Director of the Office of Planning and Budget as a separate and distinct duty for which they shall receive no additional compensation. All members of the Authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the Authority. The Authority shall elect one of its members as chairman. It shall also elect a secretary and treasurer who need not necessarily be a member of the Authority. The Authority may make such bylaws for its government as is deemed necessary, but it is under no duty to do so. A majority of the members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the Authority by this Article. No vacancy on the Authority shall impair the right of the quorum to transact any and all business as aforesaid. Members of the Authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the Authority including books of income and disbursements of every nature. The books and records shall be inspected and audited by the State Auditor at least once each year. Section 95A-1241. Powers of the Authority. The Authority shall have, in addition to any other powers conferred in this Article, the following powers: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease, exchange, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (c) To appoint such additional officers, who need not be members of the Authority as the Authority deems advisable,

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and to employ such experts, employees, and agents as may be necessary, in its judgment, to carry on properly the business of the Authority; to fix their compensation and to promote and discharge same; (d) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provision of any and all existing laws applicable to the condemnation of property for public use, including but not limited to those procedures in Chapter 95-6 of this Title, 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 Article except from the funds provided under the authority of this Article, and in any proceedings to condemn, such order 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 Article upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; (e) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this Article shall require, including, but not limited to, contracts for construction or maintenance 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

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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: (1) 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 Commissioner acting as Chief Administrative Officer of the Department. (2) 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. (3) 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. (4) 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. (f) To construct, erect, acquire, own, repair, maintain, add to, extend, improve, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority;

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(g) To accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality thereof shall impose; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable for earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (j) To 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; (k) To lease its property to the United States, the State of Georgia, or its political subdivisions, including any agency, Authority, or instrumentality of the foregoing governments or political subdivisions, as well as to persons, public or private, for the construction or operation of facilities of benefit to the general public; (l) By or through its authorized agents or employees to enter upon any lands, waters, and premises in the State for the purpose of making surveys, soundings, drillings, and examination as the Authority may deem necessary or convenient for the purposes of this Article, and such entry shall not be deemed a trespass. The Authority shall, however, make reimbursement for any actual damages resulting from such activities; (m) To make reasonable regulations for the installation, construction, maintenance, repairs, renewal, and relocation

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of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project; (n) To do all things necessary or convenient to carry out the powers expressly given in this Article. Section 95A-1242. Contracts; competitive bids. All contracts of the Authority for the construction of any project authorized by this Article shall be let to the reliable bidder submitting the lowest sealed bid upon plans and specifications approved by the Department or its successor in office. The procedures for letting such bids shall conform to those prescribed for the Department, as set forth in sections 95A-805 through 95A-815 of this Title. Section 95A-1243. Joint meetings of Authority and Highway Board; project studies; reimbursement of Highway Board for expenses. The Governor of the State, in his discretion, or upon the recommendation of the Board is authorized and empowered to call a joint meeting of the Authority and the Board for the purpose of initiating all projects which may be considered under the authority of this Article. Upon the concurrence of the Governor, a majority of the Board, and the Authority, the Board and/or the Authority is authorized and empowered to commence the study of any given project or projects and provide for their construction. An appropriate resolution of such joint meeting shall provide for divisions of duties and responsibilities in connection with such studies as between the Authority and the Board. In keeping with such resolution or resolutions the Authority and/or the Board are authorized in the performance of their assigned duties, to expend from any sums available such sums as may be necessary for the survey and study and completion of any project or projects; such expenditures may include those necessary for all traffic surveys, expert studies, and all other expense reasonably necessary in establishing the feasibility of any given project, and in the execution of all plans, specifications, and all other things necessary for revenue bond financing and construction, including all supervision of every kind required in its completion. If such expenditures, or any part

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of them, shall be undertaken by the Board, that Board shall keep proper records which shall reflect the amounts spent on each and every project study. Upon completion of any given project or projects financed by any given revenue bond issued, so long as there shall be funds available in the hands of the Authority from the issue of revenue bonds to finance such project or projects, the Board may demand the reimbursement of such expenditure; however, if not reimbursed, said expenditures shall be legitimate expenses of operation of Board. The Authority, upon the completion and/or receipt of such studies and/or plans and specifications and/or other aids shall proceed, if such project or projects be possible, to finance, acquire rights-of-way, construct, and operate such projects pursuant to its purposes, powers, and duties. Section 95A-1244. Power to convey highway rights-of-way to Authority. It is found, determined, and declared that 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 Article, 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

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party, all rights, titles, and interestes so conveyed shall forever revert to the State of Georgia. Section 95A-1245. Exercise of toll powers. For the purposes 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, and 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 takers and other operating employees as the Authority, in its discretion, may employ. Section 95A-1246. Cessation of tolls; conveyance to Department. 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

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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 Department, shall become part of the State Highway System and thereafter shall be maintained by the Department free of tolls: Provided, that in the event such project or projects shall not be in good condition in the judgment of the Department, the 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 thereafter shall apply sufficient revenue from such project or projects to the accomplishment of such safe 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 project the Authority shall convey by deed all right, title, and interest in and to such project to the Department, for and in consideration of one ($1) dollar, which the Treasurer of the Department is hereby authorized to pay from any Department funds available to him for any Department expenditure. Section 95A-1247. Authority fund. All revenue in excess of all obligations of the Authority of any nature, together with all unused receipts and gifts, of every kind and nature whatsoever, shall be and become the Authority fund. The Authority, in its discretion, is charged with the duty of pledging, utilizing, or expending the Authority fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements, sinking or reserve funds, as may be provided for under section 95A-1261; (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses; (3) The construction of all or any part of projects, the need for which is concurred in by the Governor and the Board; (4) The most advantageous obtainable redemptions and retirements of

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the Authority's bonds pursuant to the prepayment redemption privileges accorded to the Authority upon the various issues of bonds outstanding; (5) The most advantageous open market purchase of the Authority's bonds that the Authority may accomplish; (6) Investment at the highest interest rate obtainable in U. S. Government securities of guaranteed convertibility or maturities not in excess of two (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. Section 95A-1248. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations as approved by the Department for the operation of each project constructed under the provisions of this Article, 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. Section 95A-1249. 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 of 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 95A-1250, shall mature not later than forty (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,

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at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Section 95A-1250. Same; sale price and interest rate. All bonds of the Authority shall be sold by public competitive bidding at not less than par plus accrued interest to the date of delivery: Provided, however, the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the date of sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchaser or purchasers of such bonds. All bonds of the Authority offered by public competitive bidding shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder: Provided, on any issue the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided, and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bonds: Provided, further, the highest rate paid on any division of any issue of such bonds shall never exceed the legal limit of the State: and Provided, further, the Authority may require reasonable security for the performance of the contract of purchase of any successful bidder at any public competitive bidding held. Section 95A-1251. Same; form; denominations; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

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Section 95A-1252. Same; signature; seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as to the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 95A-1253. Same; negotiability; exemption from taxation. All revenue bonds issued under the provision of this Article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds, their transfer, and the income thereof shall be exempt from all taxation within the State. Section 95A-1254. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture may provide. If the proceeds of such bonds by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the

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trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds. Section 95A-1255. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 95A-1256. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 95A-1257. Same; conditions precedent to issuance; object of issuance. Resolutions for the issuance of revenue bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Article. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one location or any number of locations. Any resolution providing for the issuance of revenue bonds under the provisions of this Article shall become effective immediately upon its passage and need not be published or posted; any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 95A-1258. Same; credit of State not pledged. Revenue bonds issued under the provisions of this Article shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such

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bonds shall be payable from the project revenues and funds of the Authority as provided for in the resolutions or trust indentures authorizing or securing such bond issues and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment thereof and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 95A-1259. 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 or outside of the State. Such trust indenture may pledge or assign tolls, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholder, including the right of the appointment of a receiver 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 the given issue, all cost of collection, and all other cost 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 convenants 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 moneys, 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 Department engineers or others satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory

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to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 95A-1260. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person, who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Article and such resolution or trust indenture may provide. Section 95A-1261. Same; pledges of revenue; sinking funds. The revenues, tolls, and earnings derived from any particular project or projects and all or any part of the revenues, tolls, and earnings received by the Authority, regardless of whether or not such tolls, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged or allocated, may be pledged by the Authority to the payment of the principal and interest obligations of any revenue bond issues of the Authority. All funds so pledged, from whatever source received, which may include funds received from one or more of all sources of the Authority's income, shall be set aside at regular intervals, as may be provided

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in the resolutions or trust indentures, into sinking funds which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as shall fall due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium required upon bonds retired by call or purchase as may be provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolutions authorizing the issuance of the revenue bonds or in the trust indentures, but, except as may otherwise be provided in such resolutions or trust indentures, such sinking funds, individually, shall be funds for the benefit of all revenue bonds of the given issue for which they are created without distinction or priority of one over another. Subject to the provisions of the resolution or trust indenture of any given bond issue, any moneys in such sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the Authority fund provided for in section 95A-1247. Section 95A-1262. Same; remedies of bondholders; taxing power not affected. Any holders of revenue bonds issued under the provisions of this Article or any of the coupons appertaining thereto, any duly appointed receiver thereof and any indenture trustee for bondholders, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder, or under such resolution or trust indentures, and may enforce and compel performance of all duties required by this Article or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collection of revenues, tolls, and other charges for the use of the project or projects. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce

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the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the State. Section 95A-1263. Same; refunding bonds. The Authority is hereby authorized, subject to the provisions of any prior resolution or trust indenture, to provide by resolution for the issuance of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Article and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the provisions of this Article insofar as the same may be applicable. Section 95A-1264. Same; bonds as legal investments; security for deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisons for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 95A-1265. Same; exemption from taxation; covenant of State. It is hereby found, determined, and declared

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that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Article, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls, or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income thereform shall at all times be exempt from taxation within the State. Section 95A-1266. Same; venue and jurisdiction of actions. Any action to protect or enforce any rights under the provisions of this Article, and any action pertaining to validation of any bonds issued under the provisions of this Article, brought in the courts of the State of Georgia shall be brought in the Superior Court of Fulton County, Georgia, which shall have exclusive, original jurisdiction of such actions. Section 95A-1267. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law (Ga. L. 1937, p. 761, as amended; Ga. Code Ann. Ch. 87-8). The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, and against the Authority issuing the same. Section 95A-1268. 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.

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Section 95A-1269. Moneys held as trust funds. All moneys received pursuant to the authority of this Article, whether as proceeds from the sale of revenue bonds, or as revenues, tolls, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Article, and the bondholders paying or entitled to receive the benefits of such bonds shall have a lien on all such funds until applied as provided for in any resolution or trust indenture of the Authority. Section 95A-1270. Revenues, tolls, and earnings; use. The Authority is hereby authorized to fix, revise, charge, and collect tolls, for the use of each project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolutions, trust indenture, or contract with or for the benefit of bondholders; such tolls not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust indenture securing the same, if any there be. Section 95A-1271. Powers declared supplemental and additional. The foregoing sections of this Article shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 95A-1272. Liberal construction of Article. This Article, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Compiler's Note: The enrolled bill does not contain paragraph (p). SECTION 2. SPECIFIC REPEALER. The following sections of the Code of Georgia of 1933, as amended, are hereby repealed in their entirety: Title 23, relating to Counties, sections 23-603, Contracts, assessment by municipality; 23-1801, Intercounty improvement; 23-1803, Public roads and improvements; 23-1901,

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Bridges between counties; 23-1902, Notice required, employment of engineer; 23-1903, Bond of contractor; 23-1904, Repairs under $500; 23-1905, Payment, how made; Title 36, relating to Eminent Domain, sections 36-1002, Condemnation for roads, procedure, notice, and expense; 36-1003, Notice, how signed and served; 36-1004, County may decline to accept the land; Title 69, relating to Municipal Corporations, section 69-303. Liability of municipalities for injuries resulting from defects in streets; Title 94, relating to Railroads, section 94-503, Upkeep and repair of crossings, bridges, embankments, and excavations; 94-504, Extent of crossings; Title 95, relating to Roads, bridges, and ferries including Chapter 95-1, Classification of roads; districts; register; 95-2, Laying out, alteration, and discontinuance of roads; 95-3, Commissioners of public roads; 95-4, Work on public roads; 95-5, Timbers; mileposts, signboards, etc.; 95-6, Altering, obstructing, or injuring roads; 95-7, Neglect of duty by overseers; 95-8, Alternative road law, in general; 95-9, Bridges, ferries and causeways, in general; 95-10, Letting contract; contractor's liability and bond; 95-11, Bridges and ferries between counties; 95-12, Private ferries and bridges, tolls, etc.; 95-13, Liability for detention, defective bridges, excessive toll, etc.; 95-15, State Highway Department; 95-16, State Highway Board and engineer; 95-17, State-aid roads; 95-18, Safe and unsafe crossings; 95-19, Grade-crossing elimination law; 95-20, Outdoor advertising, in general; 95-21, Reimbursement of counties by Highway Departments, in general; 95-99, Crimes, in general; Title 102, relating to Statutes, section 102-103 Meaning of certain words; Highway, or road; In addition to the foregoing repeal of the above provisions of the Code of Georgia of 1933, as amended, the following Acts, including amendments thereto, as indicated in the following table, are hereby repealed in their entirety:

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Section repealed, as unofficially codified in Georgia Code Annotated Date of approval of repealed act Section and page number of repealed act in Georgia Laws Subject matter of repealed act 23-601 April 18, 1967 1, Ga.L. 1967, p. 732 Cooperation of county with municipality, political subdivision of said county for public road work. 23-602 April 18, 1967 2, Ga.L. 1967, p. 732 City street improvement with county funds. 23-1804 February 20, 1956 29, Ga.L. 1956, p. 161 Expenses of improvement prorated by agreement between counties. 36-1001 March 29, 1937 1, Ga.L. 1937, p. 433 County power of condemnation limited to 200-foot wide right-of-way. 36-1005 January 13, 1938 2, Ga.L. 1937-38, Extra Sess., p. 251 County condemnation for detours. 36-1301 April 5, 1961 1, Ga.L. 1961, p. 517 Condemnation for State-aid public road purposes; proceeding in rem; protection of rights of interested persons. 36-1302 April 5, 1961 2, Ga.L. 1961, p. 517 Contents of petition. 36-1303 April 5, 1961; October 8, 1962; March 14, 1963 3, Ga.L. 1961, p. 517 1, Ga.L. 1962, Extra Sess., p. 37; 1, Ga.L. 1963, p. 124 Declaration of taking; deposit of funds; title of condemnor; interest; rule nisi; orders of court. 36-1304 April 5, 1961; October 8, 1962 4,Ga.L. 1961, p. 517; 2, Ga.L. 1962, Extra Sess., p. 37 Neither appeal nor bond to prevent vesting of title in condemnor. 36-1305 April 5, 1961; October 8, 1962 5,Ga.L. 1961, p. 517; 3, Ga.L. 1962, Extra Sess., p. 37 Service; notice to tax collecting authorities and to public; matters of service not to delay work. 36-1306 April 5, 1961; October 8, 1962 6, Ga.L. 1961, p. 517; 4, Ga.L. 1962, Extra Sess., p. 37 Rights of intervention; issue reduced to sole question of just and adequate compensation. 36-1307 April 5, 1961; October 8, 1962 7, Ga.L. 1961, p. 517; 5, Ga.L. 1962, Extra Sess., p. 37 Declaration of taking effective before judgment; entry of judgment; disposition of funds. 36-1308 April 5, 1961 8, Ga.L. 1961, p. 517 Rulings upon questions of law. 36-1309 April 5, 1961 9, Ga.L. 1961, p. 517 Interlocutory hearings; bond; reference to special master; interlocutory rulings not reviewable by higher court. 36-1310 April 5, 1961 10, Ga.L. 1961, p. 517 Appeal to jury; issues; verdict; moulding decree; further review. 36-1311 October 8, 1962 6, Ga.L. 1962, Extra Sess., p. 37 Construction of Chapter, other laws not repealed; methods of procedure as cumulative of other methods. 36-1312 March 10, 1966 3, Ga.L. 1966, p. 320 Factors in determining just and adequate compensation; publication of location of proposed highway. 36-1313 March 7, 1966 1, Ga.L. 1966, p. 246 Service where owner of property condemned is non-resident of State. 43-126 March 5, 1937; March 17, 1956 Part of 9(4), Ga.L. 1937, p. 264; 3, Ga.L. 1956, p. 793 Department authorized to expend funds for roads within State parks. 68-403 August 23, 1927 18, Ga.L. 1927, p. 226 Permits for overweight or over dimension. 68-405 March 27, 1941 Ga.L. 1941, p. 449 Permits for overweight or over dimension. February 21, 1951 Ga.L. 1951, p. 772 March 3, 1955 Ga.L. 1955, p. 392 February 13, 1956 Ga.L. 1956, p. 83 February 4, 1959 Ga.L. 1959, p. 27 February 17, 1964 Ga.L. 1964, p. 83 March 12, 1965 Ga.L. 1965, p. 206 February 21, 1968 Ga.L. 1968, p. 30 April 24, 1969 Ga.L. 1969, p. 637 March 4, 1971 Ga.L. 1971, p. 43 April 5, 1971 Ga.L. 1971, p. 462 March 23, 1972 Ga.L. 1972, p. 356 68-406 March 27, 1941 Ga.L. 1941, p. 449 Unlawful to operate overweight or oversize vehicle without a permit. 68-406.1 March 17, 1960 Ga.L. 1960, p. 1122 Police powers of Highway Dept. March 8, 1968 Ga.L. 1968, p. 193 68-406.2 March 17, 1960 Ga.L. 1968, p. 1122 Authority of law enforcement officers. March 8, 1968 Ga.L. 1968, p. 193 68-406.3 March 8, 1968 Ga.L. 1968, p. 193 Failure to drive upon scales. 68-407 March 27, 1941 Ga.L. 1941, p. 449 Vehicles hauling forest products. February 21, 1968 Ga.L. 1968, p. 193 April 7, 1972 Ga.L. 1972, p. 1243 68.407.1 February 12, 1951 Ga.L. 1951, p. 90, 91 Special permits. March 20, 1968 Ga.L. 1968, p. 343 68-1609 January 11, 1954 31, Ga.L. 1933, Nov.-Dec. Sess., p. 556 State Highway Board to adopt manual of uniform traffic control devices. 68-1610 (except subsection (c)) January 11, 1954 Sec. 32, (except subsection (c)), Ga.L. 1953, Nov.-Dec. Sess., p. 556 State Highway Board to place and maintain traffic control devices on highways. 68-1611 January 11, 1954; April 12, 1968 33, Ga.L. 1953, Nov.-Dec. Sess., p. 556; Ga. L. 1968, p. 1427 Local traffic control devices authorized. 68-1616 January 11, 1954 38, Ga.L. 1953, Nov.-Dec. Sess., p. 556 Unauthorized signs on highways: authority to remove prohibited signs. 68-1617 January 11, 1954 39, Ga.L. 1953, Nov.-Dec. Sess., p. 556 Interference with official traffic control devices or signs prohibited. 68-1662 January 11, 1954 84, Ga.L. 1953, Nov.-Dec. Sess., p. 556 All vehicles must stop at certain railroad grade crossings. 69-313 February 27, 1962 5, Ga.L. 1962, p. 140 Municipal control of streets and parking meters. 92-2905 December 24, 1937; March 8, 1939 4(18), Ga.L. 1937-38, Extra Sess., p. 259; 2, Ga.L. 1939, p. 347 Allocation of funds derived from license fees to go for rural post roads. 95-204 February 25, 1949 1, Ga.L. 1949, p. 1316 Method and procedure in condemning lands for public roads. 95-604 December 22, 1953 Ga. L. 1953, Nov.-Dec. Sess., p. 367 Duty of Board to provide signs on State-aid roads; erection by other persons unauthorized. 95-605 February 18, 1955 2, Ga.L. 1955, p. 198 Authorization for State Highway Department to erect highway markers warning users of penalty for littering. 95-606 February 18, 1955 3, Ga.L. 1955, p. 198 Authorization for counties and municipalities to erect markers warning street and road users of penalty for littering. 95-607 March 9, 1956 1, Ga.L. 1956, p. 579 Duty of Uniform Division of Department of Public Safety to enforce littering law. 95-608 March 9, 1956 1, Ga.L. 1956, p. 615 Parking vehicle on State right-of-way for more than 48 hours prohibited. 95-609 March 9, 1956 2, Ga.L. 1956, p. 615 Obstructions and unauthorized signs on State right-of-way prohibited. 95-610 March 9, 1956; April 8, 1968 3, Ga. L. 1956, p. 615 1, Ga.L. 1968, p. 1053 Sale of merchandise, fruits, vegetables or nuts on State right-of-way prohibited. 95-611 March 9, 1956 4, Ga.L. 1956, p. 615 Officers required to enforce provisions, and authorized to remove vehicles of violators. 95-804 February 20, 1956 33, Ga.L. 1956, p. 161 Manner of working, improving or repairing roads. 95-811 February 25, 1953 1, Ga.L. 1953, Jan.-Feb. Sess., p. 209 Resolution by governing authority as to operation or suspension of law. 95-1001 February 18, 1953 1, Ga.L. 1953, Jan.-Feb. Sess., p. 120 Condition of contractor's bond; county's liability for injuries caused by defective bridges. 95-1503 January 25, 1963 $ 5, Ga.L., 1963, p. 3 Composition of Highway Department. 95-1504 December 11, 1953; April 28, 1969 1, Ga.L. 1953, Nov.-Dec. Sess., p. 127; 1, Ga.L. 1969, p. 930 Control of highway work, designation of State and roads; funds. 95-1507 March 13, 1958; March 13, 1968 1, Ga.L. 1958, p. 118; 1, Ga.L. 1968, p. 289 Reimbursement of Law Department and counties for legal services rendered in acquiring rights-of-way. 95-1508 March 13, 1958; March 13, 1968 2, Ga.L. 1958, p. 118; 2, Ga.L. 1968, p. 289 Statement of Attorney General to State Highway Department concerning reimbursement for legal services. 95-1509 April 5, 1961 March 20, 1968 1, Ga.L. 1961, p. 453; 1, Ga.L. 1968, p. 345 Payments for removal and relocation of facilities where necessitated by construction. 95-1510 April 5, 1961 2, Ga.L. 1961, p. 453 Waiver of provisions in existing permits which conflict with this law. 95-1511 April 5, 1961; March 20, 1968 3, Ga.L. 1961, p. 453 2, Ga.L. 1968, p. 345 Limitations on costs payable for removal and relocation. 95-1512 April 5, 1961; March 20, 1968 4, Ga.L. 1961, p. 453; 3, Ga.L. 1968, p. 345 Costs of removal and relocation deemed part of project cost. 95-1513 April 8, 1965 1, Ga.L. 1965, p. 628 Road work contracts to include cost of sowing vegetation to avoid erosion. 95-1514 April 18, 1969 1, Ga.L. 1969, p. 495 Highway Relocation Assistance Act. 95-1515 April 18, 1969 2, Ga.L. 1969, p. 495 Purpose and intent of Act. 95-1516 April 18, 1969 3, Ga.L. 1969, p. 495 Department authorized to make or approve payments. 95-1517 April 18, 1969 4, Ga.L. 1969, p. 495 Purpose of payments. 95-1517.1 April 18, 1969 5, Ga.L. 1969, p. 495 Rules and regulations. 95-1517.2 April 18, 1967 6, Ga.L. 1969, p. 495 Damages in eminent domain proceedings not created by this Act. 95-1518 April 6, 1967 1, Ga.L. 1967, p. 421 Federal funds for landscape and roadside development; participation of State in federal program. 95-1519 April 6, 1967 2, Ga.L. 1967, p. 421 Acquisition and improvement of land by State Highway Department. 95-1520 April 6, 1967 3, Ga.L. 1967, p. 421 Interests acquired and method of acquisition determined by Director. 95-1521 April 6, 1967 4, Ga.L. 1967, p. 421 Acquisition of dwelling by use of eminent domain prohibited. 95-1601 February 2, 1950 3, Ga.L. 1950, p. 62 Management and control of Highway Department. 95-1602 February 2, 1950; February 5, 1951; March 25, 1958; January 25, 1963; April 2, 1963; March 28, 1967; April 8, 1968 4, Ga.L. 1950, p. 62; 1, Ga.L. 1951, p. 31; 1, Ga.L. 1958, p. 624; 1, Ga.L. 1963, p. 3; 1, Ga.L. 1963, p. 282; 1, Ga.L. 1967, p. 151; 1, Ga.L. 1968, p. 1055 State Highway Board; creation, powers, selection, meetings, compensation, officers. Director. 95-1606 February 2, 1950 7, Ga.L. 1950, p. 62 Treasurer of State Highway Department; appointment, term, compensation, bond, powers and duties. 95-1609 February 2, 1950; February 5, 1951; March 17, 1960; April 9, 1963; April 8, 1968 8, Ga.L. 1950, p. 62; 2, Ga.L. 1951, p. 31; 1, Ga.L. 1960, p. 1109; 1, Ga.L. 1963, p. 423; 2, Ga.L. 1968, p. 1055 Use of federal-aid urban and primary apportionments; matching of funds. 95-1619 February 2, 1950; April 8, 1968 10, Ga.L. 1950, p. 62; 3, Ga.L. 1968; p. 1055 Suits by and against the Department; venue; service. 95-1620 February 2, 1950; February 5, 1951; February 17, 1953; February 23, 1955; January 18, 1961; April 4, 1967 12, Ga.L. 1950, p. 62; 3, Ga.L. 1951, p. 31 1, Ga.L. 1953; Jan.-Feb. Sess., p. 81, 1, Ga.L. 1955, p. 249, 1, Ga.L., 1961, p. 22; 1, Ga.L. 1967, p 382; 5, Ga.L. 1968, p. 1055 Power to contract debts prohibited; purchasing of materials, equipment and supplies. April 8, 1968 95-1621 February 2, 1950; April 8, 1968 13, Ga.L. 1950, p. 62; 6, Ga.L. 1968, p. 1055 Employment of personnel by Department. 95-1622 February 2, 1950; March 7, 1966 14, Ga.L. 1950, p. 62 1, Ga.L. 1966, p. 208 Merit system for employees; payment of subsistence allowance. 95-1630 February 9, 1949 1, Ga.L. 1949, p. 373 State Highway Director and Highway Department to negotiate contracts with counties only. 95-1631 February 9, 1949 2, Ga.L. 1949, p.373 All other contracts to be let by public bid. 95-1632 February 9, 1949 3, Ga.L. 1949, p. 373 Advertising of contract lettings. 95-1633 February 9, 1949 4, Ga.L. 1949, p. 373 Supplemental and extension agreements authorized. 95-1634 March 27, 1947; March 25, 1958 1, Ga.L. 1947, p. 1182; 1, Ga.L. 1958, p. 303 Declaration of legislative policy as to pipelines for transporting clay. 95-1635 March 27, 1947; March 25, 1958 2, Ga.L. 1947, p. 1182; 2, Ga.L. 1958, p. 303 Regulation and control by Department of permits for construction and operation under public roads. 95-1636 March 25, 1958 3, Ga.L. 1958, p. 303 County permits required for clay pipes under county roads. 95-1637 March 27, 1947 1, Ga.L. 1947, p. 984 Authority of counties to make surveys across privately owned lands to locate highways. 95-1710 March 13, 1957 1, Ga.L. 1957, p. 592 Suits against counties. 95-1715 March 8, 1945; March 3, 1953 1, Ga.L. 1945, p. 258; 1, Ga.L. 1953, Jan.-Feb. Sess., p. 421 Labor, contracts for construction; condemnation for rights-of-way. 95-1721 March 26, 1935 1, Ga.L. 1935, p. 160 Control and supervision of State-aid roads; expense of procuring right-of-way borne by county. 95-1721.1 March 28, 1947 1, Ga.L. 1947, p. 1186 Reimbursement to counties for rights-of-way not used within three years. 95-1730 February 12, 1938 1, Ga.L. 1937-38, Extra Sess., p. 430, and all subsequent acts adding roads to the Traylor-Neill map All public roads added to the Traylor-Neill map. 95-1731 February 12, 1938 2, Ga. L. 1937-38, Extra Sess., p. 430 No Department maintenance of roads until Board designates. 95-1732 February 12, 1938 3, Ga.L. 1937-38, Extra Sess., p. 430 Designation of State-aid roads by the Board. 95-1733 March 24, 1939 1, Ga.L. 1939, p. 430 Board authorized to make joint purchases of interstate bridges with adjoining States or counties thereof. 95-1734 March 19, 1957 2, Ga.L. 1957 p. 660 Contract of Highway Department with political subdivision for removal and relocation of utility facilities. 95-1735 March 19, 1957 3 Ga.L. 1957, p. 660 Advance of costs by Department. 95-1736 March 19, 1957 4 Ga.L. 1957, p. 660 Aid not to be extended where it is feasible for the subdivision to finance the project. 95-1737 March 19, 1957 5, Ga.L. 1957, p. 660 Reimbursement of Department by subdivision for sums advanced. 95-1738 April 5, 1961 1, 7, Ga.L. 1961, p. 469 Construction and major maintenance of State-aid roads within a municipality to be the responsibility of the Board. 95-1739 April 5, 1961 2, 7, Ga.L. 1961, p. 469 Municipalities to assist Board in procuring rights-of-way. 95-1740 April 5, 1961; April 28, 1969 3, 7, Ga.L. 1961, p. 469; 1, Ga.L. 1969, p. 842 Department responsible only for major maintenance on State roads within a municipality. 95-1741 April 5, 1961 4, 7, Ga.L. 1961, p. 469 Municipality not liable for road defects where Board failed to maintain. 95-1742 April 5, 1961 5, 7, Ga.L. 1961, p. 469 Board to notify municipality upon designation of a road as State-aid. 95-1743 April 2, 1963 1, Ga.L. 1963, p. 280 Interstate and defense highways as State-aid roads. 95-1701a March 7, 1955 2, Ga.L. 1955, p. 559 Definitions of limited-access highway and local service road. 95-1702a March 7, 1955 3, Ga.L. 1955, p. 559 Establishment of limited-access highways; commercial activities prohibited. 95-1703a March 7, 1955 4, Ga.L. 1955, p. 559 Design of limited-access highways. 95-1704a March 7, 1955 5, Ga.L. 1955, p. 559 Authority of Department, counties and municipalities to acquire land and land rights. 95-1705a March 7, 1955 6, Ga.L. 1955, p. 559 Designation of limited access highways; grade crossing elimination. 95-1706a March 7, 1955 7, Ga.L. 1955, p. 559 Authority to establish local service roads. 95-1707a March 7, 1955 9, Ga.L. 1955, p. 559 Powers of other State agencies not infringed. 95-1809 March 18, 1939 1, Ga.L. 1939, p. 224 Enforcement of Chapter to be by State Patrol. 95-1907.1 April 11, 1967 1, Ga.L. 1967, p. 458 Municipality authorized to require railroad to install signalling device, with costs to be shared equally. 95-1909 February 17, 1950 1, 2, Ga.L. 1950, p. 419 Maintenance of overpass or underpass. 95-2001a April 6, 1967 1, Ga.L. 1967, p. 423 Declaration of policy as to outdoor advertising adjacent to State rights-of way 95-2002a April 6, 1967 2, Ga.L. 1967, p.423 Definitions relating to outdoor advertising 95-2003a April 6, 1967 3, Ga.L. 1967, p. 423 Limitations on outdoor advertising devices. 95-2004a April 6, 1967 4, Ga.L. 1967, p. 423 Regulations as to size, space and lighting. 95-2005a April 6, 1967 5, Ga.L. 1967, p. 423 Director to promulgate regulations for permits. 95-2006a April 6, 1967 6, Ga.L. 1967, p. 423 Permits, exceptions. 95-2007a April 6, 1967 7, Ga.L. 1967, p. 423 Removal of non-conforming advertising. 95-2008a April 6, 1967 8, Ga.L. 1967, p. 423 Compensation for removal of advertising. 95-2009a April 6, 1967 9, Ga.L. 1967, p. 423 Department has power of eminent domain to condemn existing advertising sites. 95-2010a April 6, 1967 10, Ga.L. 1967, p. 423 Unlawful advertising. 95-2011a April 6, 1967 11, Ga.L. 1967, p. 423 Remedies; entrance and removal, criminal provisions. 95-2012a April 6, 1967 12, Ga.L. 1967, p. 423 Additional legal remedies. 95-2013a April 6, 1967 13, Ga.L. 1967, p. 423 Interpretation. 95-2014a April 6, 1967 14, Ga.L. 1967, p. 423 Advertising in safety rest areas. 95-2015a April 6, 1967 15, Ga.L. 1967, p. 423 Department authorized to make agreements with the United States. 95-2111 February 5, 1938 1, Ga.L. 1937-38, Extra Sess., 485 Funds from certificates. 95-2113 March 23, 1939 1, 2, Ga.L. 1939, p. 326 Sale or discount of highway refunding certificates; use of proceeds. 95-2201 March 18, 1937 1, Ga.L. 1937, p. 912 U.S. Post Roads Division created. 95-2202 March 18, 1937 2, Ga.L. 1937, p. 912 State Highway Board to control and supervise construction and maintenance. 95-2203 March 18, 1937 2, Ga.L. 1937, p. 912 Rural Post Roads Division to supervise farm to market roads as designated by Board. 95-2204 March 18, 1937 3, Ga.L. 1937, p. 912 Designation by Board of Director of Rural Roads Division; powers and duties. 95-2205 March 18, 1937 4, Ga.L. 1937, p. 912 Qualifications of the Director of Rural Roads Division 95-2206 March 18, 1937 5, Ga.L. 1937, p. 912 Tenure of office of the Director of Rural Roads Division. 95-2207 March 18, 1937 6, Ga.L. 1937, p. 912 Definitions of rural post roads and farm to market roads. 95-2208 March 18, 1937 7, Ga.L. 1937, p. 912 Department to be the receiving agency for federal and State funds for purposes of the Rural Roads Division. 95-2209 March 18, 1937 7, Ga.L. 1937, p. 912 Board shall keep separate account for Rural Roads Division. 95-2210 March 18, 1937 8, Ga.L. 1937, p. 912 All rural post roads, whether State-aid or not, are made part of the Rural Roads Division. 95-2211 March 18, 1937 9, Ga.L. 1937, p. 912 Counties to furnish Board with maps of county post roads. 95-2212 March 18, 1937 9, Ga.L. 1937, p. 912 County R.F.D. carriers to certify the map when possible. 95-2213 March 18, 1937 10, Ga.L. 1937, p. 912 Apportionment of funds among counties according to mileage, subject to federal approval. 95-2214 March 18, 1937 10, Ga.L. 1937, p. 912 New rural road mileage to be added to county's map, and quota to be increased. 95-2215 March 18, 1937 10, Ga.L. 1937, p. 912 County allowed to accumulate funds for two years so as to sufficiently support a project. 95-2216 March 18, 1937 11, Ga.L. 1937, p. 912 Board authorized to relocate rural post roads. 95-2217 March 18, 1937; February 8, 1949 12, Ga.L. 1937, p. 912; 1, Ga.L. 1949, p. 276 Department may contract with counties for construction of rural post roads. 95-2218 March 18, 1937 13, Ga.L. 1937, p. 912 Roads to be maintained by counties; construction of contracts and of this law. 95-2219 March 18, 1937 14, Ga.L. 1937, p. 912 Counties to furnish rights-of-way. 95-2220 March 18, 1937 15, Ga.L. 1937, p. 912 Counties authorized to contract with Board for construction of roads, and may use road funds, including gas tax funds. 95-2221 March 18, 1937 16, Ga.L. 1937, p. 912 Board authorized to waive conflicting provisions of Act in order to obtain federal funds. 95-2222 March 18, 1937 17, Ga.L. 1937, p. 912 Severability clause; invalidation of a part not to affect validity of the remainder. 95-2223 February 16, 1938 1, Ga.L. 1937-38, Extra Sess., p. 537 Board to match federal grants for county roads. 95-2301 March 25, 1953; April 4, 1967 1, Ga.L. 1953, Jan.-Feb. Sess., p. 626, 1, Ga.L. 1967, p. 385 Chapter entitled, Georgia Highway Authority Act. 95-2302 March 25, 1953; April 4, 1967 2, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 2, Ga.L. 1967, p. 385; 3, Ga.L. 1971, p. 385 Georgia Highway Authority created. April 5, 1971 95-2303 March 25, 1953; April 4, 1967 3, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 3, Ga.L. 1967, p. 385 Definitions relating to the Georgia Highway Authority. 95-2304 March 25, 1953; April 4, 1967 4, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 4, Ga.L. 1967; p. 385 Powers of the Georgia Highway Authority. 95-2305 March 25, 1953; April 4, 1967 5, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 5, Ga.L. 1967, p. 385 All contracts of the Authority to be let by public bid. 95-2306 March 25, 1953; April 4, 1967 6, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 6, Ga.L. 1967, p. 385 Conveyance of property to the Authority. 95-2306.1 April 8, 1972 3, Ga.L. 1972, p. 826 95-2307 March 25, 1953; April 4, 1967 7, Ga.L. 1953, Jan.-Feb. Sess., p. 626, 7, Ga.L. 1967, p. 385; 8, Ga.L. 1971, p. 385 Initiation of projects; surveys, plans, specifications by the Department, reimbursement by Authority. April 5, 1971 95-2308 March 25, 1953; April 4, 1967 8, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 8, Ga.L. 1967, p. 385; 3, Ga.L. 1971, p. 385 Lease of projects. April 5, 1971 95-2309 March 25, 1953; April 4, 1967 9, Ga.L. 1953, Jan.-Feb. Sess., p. 626, 9, Ga.L. 1967, p. 385; 4, Ga.L. 1971, p. 385 Rural road projects to become part of public road system. April 5, 1971 95-2310 March 25, 1953; April 4, 1967 10, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 10, Ga.L. 1967, p. 385; 5, Ga.L. 1971, p. 385 Cessation of rentals. April 5, 1971 95-2311 March 25, 1953; April 4, 1967 11, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 11, Ga.L. 1967, p. 385 Payment of rentals; enforcement of covenants. 95-2312 March 25, 1953; April 4, 1967 12, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 12, Ga.L. 1967, p. 385 Creation of the Authority fund. 95-2313 March 25, 1953; April 4, 1967 13, Ga.L. 1953. Jan.-Feb. Sess., p. 626; 13, Ga.L. 1967, p. 385; 6, Ga.L. 1971, p. 385 Rules and regulations for operation of projects to be made by the Authority. April 5, 1971 95-2314 March 25, 1953; April 4, 1967 14, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 14, Ga.L. 1967, p. 385; 7, Ga.L. 1971, p. 385; 3; Ga.L. 1972, p. 826 Power of Authority to issue bonds. April 15, 1971 April 8, 1972 95-2314.1 April 8, 1972 4, Ga.L. 1972, p. 826 95-2315 March 25, 1953; April 4, 1967 15, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 15, Ga.L. 1967, p. 385 Sale price and interest rates of bonds. 95-2316 March 25, 1953; April 4, 1967 16, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 16, Ga.L. 1967, p. 385 Form, denominations, registration and place of payment of bonds. 95-2317 March 25, 1953; April 4, 1967 17, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 17, Ga.L. 1967, p. 385 Signature and seal to be placed on bonds. 95-2317.1 April 5, 1971 9, Ga.L. 1971, p. 385 95-2318 March 25, 1953; April 4, 1967 18, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 18, Ga.L. 1967, p. 385 Negotiability and exemption from taxation of bonds. 95-2319 March 25, 1953; April 4, 1967 19, Ga.L. 1953, Jan.-Feb. Sess., p. 626, 19, Ga.L. 1967, p. 385 Proceeds of bonds to be used solely for Authority projects. 95-2320 March 25, 1953; April 4, 1967 20, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 20, Ga.L. 1967, p. 385 Authority may issue interim receipts and certificates, or temporary bonds. 95-2321 March 25, 1953; April 4, 1967 21, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 21, Ga.L. 1967, p. 385 Authority may replace lost or mutilated bonds. 95-2322 March 25, 1953; April 4, 1967 22, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 22, Ga.L. 1967, p. 385 No conditions precedent are necessary to issue bonds; object of issuance must be for a project. 95-2323 March 25, 1953; April 4, 1967 23, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 23, Ga.L. 1967, p. 385 Credit of the State not pledged by bonds. 95-2324 March 25, 1953; April 4, 1967 24, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 24, Ga.L. 1967, p. 385 Bonds may be secured by a trust indenture. 95-2325 March 25, 1953; April 4, 1967 25, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 25, Ga.L. 1967, p. 385 Authority to designate who is to receive the proceeds of bonds. 95-2326 March 25, 1953; April 4, 1967 26, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 26, Ga.L. 1967, p. 385 Authority may pledge the proceeds of any project for payment of bonds. 95-2327 March 25, 1953; April 4, 1967 27, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 27, Ga.L. 1967, p. 385 Remedies of bondholders. 95-2328 March 25, 1953; April 4, 1967 28, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 28, Ga.L. 1967, p. 385 Authority may refund bonds. 95-2329 March 25, 1953; April 4, 1967 29, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 29, Ga.L. 1967, p. 385 Bonds are to be regarded as a legal investment and as a security which may be deposited. 95-2330 March 25, 1953; April 4, 1967 30, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 30, Ga.L. 1967, p. 385 Bonds are exempt from taxation, by virtue of a covenant of the State. 95-2331 March 25, 1953; April 4, 1967 31, Ga.L. 1953, Jan.-Feb. Sess. p. 626; 31, Ga.L. 1967, p. 385 All actions concerning bonds shall be brought in the Superior Court of Fulton County, Georgia. 95-2332 March 25, 1953; April 4, 1967 32, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 32, Ga.L. 1967, p. 385 Authority may confirm and validate bonds. 95-2333 March 25, 1953; April 4, 1967 33, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 33, Ga.L. 1967, p. 385 Authority may obtain a declaratory adjudication of a lease contract's validity. 95-2334 March 25, 1953; April 4, 1967 34, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 34, Ga.L. 1967, p. 385 Interest of bondholders protected. 95-2335 March 25, 1953; April 4, 1967 35, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 35, Ga.L. 1967, p. 385 All moneys received by Authority to be held as trust funds. 95-2336 March 25, 1953; April 4, 1967 36, Ga.L., 1953, Jan.-Feb. Sess., p. 626; 36, Ga.L. 1967, p. 385 The above powers are supplemental and additional to any others already existing. 95-2337 March 25, 1953; April 4, 1967 37, Ga.L. 1953, Jan.-Feb. Sess., p. 626; 37, Ga.L. 1967, p. 385 Liberal construction of this Chapter. 95-2338 April 4, 1967 38, Ga.L. 1967, p. 385 Merger of Georgia Rural Roads Authority into Georgia Highway Authority; effect. 95-2401 March 2, 1953; March 10, 1972 1, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 1, Ga.L. 1972, p. 179 Chapter entitled State Toll Bridge Authority Act. 95-2402 March 2, 1953; October 5, 1962; April 2, 1963; March 10, 1972 2, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 1, Ga.L. 1962, Extra Sess., p. 31; 1, Ga.L. 1963, p. 283; 2, Ga.L. 1972, p. 179 Creation of State Toll Bridge Authority; members of State Highway Board as ex-officio members; quorum; bylaws; audit. 95-2403 March 2, 1953; March 10, 1972 3, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 3, 4, 5, 6, 7, 8, Ga.L. 1972, p. 179 Definitions relating to the State Toll Bridge Authority. 95-2404 March 2, 1953; March 10, 1972 4, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 9, 10, 11, 12, 13, Ga.L. 1972, p. 179 Powers of the State Toll Bridge Authority. 95-2405 March 2, 1953 5, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Incidental powers of the Authority. 95-2406 March 2, 1953 6, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Joint meetings of Authority and Highway Board; project studies; reimbursement of Board. 95-2407 March 2, 1953; March 10, 1972 7, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 14, Ga.L. 1972, p. 179 Power to convey highway rights-of-way to Authority. 95-2408 March 2, 1953; March 10, 1972 8, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 15, Ga.L. 1972, p. 179 Authority has toll power which it may exercise. 95-2409 March 2, 1953; March 10, 1972 9, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 16, Ga.L. 1972, p. 179 Cessation of tolls; conveyance to State. 95-2410 March 2, 1953; March 10, 1972 10, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 17, Ga.L. 1972, p. 179 Creation of the Authority fund. 95-2411 March 2, 1953; March 10, 1972 11, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 18, Ga.L. 1972, p. 179 Authority to promulgate rules and regulations for the operation of projects. 95-2412 March 2, 1953; March 10, 1972 12, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 19, Ga.L. 1972, p. 179 Power of Authority to issue revenue bonds. 95-2413 March 2, 1953 13, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Sale price and interest rates of bonds. 95-2414 March 2, 1953 14, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Form, denominations, registration and place of payment of bonds. 95-2415 March 2, 1953 15, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Signature and seal to be placed on bonds. 95-2416 March 2, 1953 16, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Negotiability and exemption from taxation of bonds. 95-2417 March 2, 1953 17, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Proceeds of bonds to be used solely for Authority projects. 95-2418 March 2, 1953 18, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Authority may issue interim receipts and certificates, or temporary bonds. 95-2419 March 2, 1953 19, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Authority may replace lost or mutilated bonds. 95-2420 March 2, 1953 20, Ga.L. 1953, Jan.-Feb. Sess., p. 302 No conditions precedent are necessary to issue bonds; object of issuance must be for a project. 95-2421 March 2, 1953 21, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Credit of State not pledged by bonds. 95-2422 March 2, 1953; March 10, 1972 22, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 20, Ga.L. 1972, p. 179 Bonds may be secured by a trust indenture. 95-2423 March 2, 1953 23, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Authority to designate who is to receive the proceeds of bonds. 95-2424 March 2, 1953 24, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Authority may pledge the proceeds of any project for payment of bonds. 95-2425 March 2, 1953 25, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Remedies of bondholders. 95-2426 March 2, 1953 26, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Authority may refund bonds. 95-2427 March 2, 1953 27, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Bonds are to be regarded as legal investments and as a security which may be deposited. 95-2428 March 2, 1953 28, Ga.L., 1953, Jan.-Feb. Sess., p. 302 Bonds are exempt from taxation, by virtue of a covenant of the State. 95-2429 March 2, 1953 29, Ga.L., 1953, Jan.-Feb. Sess., p. 302 All actions concerning bonds shall be brought in the Superior Court of Fulton County, Georgia. 95-2430 March 2, 1953 30, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Validation of bonds. 95-2431 March 2, 1953; March 10, 1972 31, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 21, Ga.L. 1972, p. 179 Interest of bondholders protected. 95-2432 March 2, 1953 32, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Moneys to be held as trust funds. 95-2433 March 2, 1953 33, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Revenues, tolls and earnings; use. 95-2434 March 2, 1953 34, Ga.L., 1953, Jan.-Feb. Sess., p. 302 Powers declared supplemental and additional. 95-2435 March 2, 1953; 35, Ga.L. 1953, Jan.-Feb. Sess., p. 302 Liberal construction of chapter. 95-2436 March 2, 1953 March 10, 1972 37, Ga.L. 1953, Jan.-Feb. Sess., p. 302; 22, Ga.L. 1972, p. 179 Collection of tolls on free bridges prohibited. 95-2701 April 6, 1967 1, Ga.L. 1967, p. 433 Chapter entitled, Junkyard Control Act. 95-2702 April 6, 1967 2, Ga.L. 1967, p. 433 Purpose of chapter; junkyards in violation of chapter declared public nuisance. 95-2703 April 6, 1967 3, Ga.L. 1967, p. 433 Definitions pertaining to junkyards. 95-2704 April 6, 1967 4, Ga.L. 1967, p. 433 Conditions for operation of junkyards. 95-2705 April 6, 1967 5, Ga.L. 1967, p. 433 Screening of existing junkyards. 95-2706 April 6, 1967 6, Ga.L. 1967, p. 433 Authority to acquire interest in land for screening 95-2707 April 6, 1967 7, Ga.L. 1967, p. 433 Rules and regulations governing junkyards. 95-2708 April 6, 1967 8, Ga.L. 1967, p. 433 Department authorized to acquire junkyards. 95-2709 April 6, 1967 9, Ga.L. 1967, p. 433 Department given power of eminent domain in order to dispose of junkyards. 95-2710 April 6, 1967 10, Ga.L. 1967, p. 433 Removal of junkyards which do not conform. 95-2711 April 6, 1967 11, Ga.L. 1967, p. 433 Junkyards as abatable nuisances. 95-2712 April 6, 1967 12, Ga.L. 1967, p. 433 More restrictive laws not affected. 95-2713 April 6, 1967 13, Ga.L. 1967, p. 433 Junkyard agreements with federal agencies. 95-2714 April 6, 1967 14, Ga.L. 1967, p. 433 Expenditure of funds. 95-2901 April 18, 1969 1, Ga.L. 1969, p. 492 Chapter entitled, Acquisition of Highway Rights-of-Way in Advance of Need. 95-2902 April 18, 1969 2, Ga.L. 1969, p. 492 Purpose and intent of chapter. 95-2903 April 18, 1969 3, Ga.L. 1969, p. 492 Definitions relating to acquisition of rights-of-way in advance of need. 95-2904 April 18, 1969 4, Ga.L. 1969, p. 492 Power of Department to acquire property. 95-2905 April 18, 1969 5, Ga.L. 1969, p. 492 When acquisition may be undertaken. 95-2906 April 18, 1969 6, Ga.L. 1969, p. 492 Department authorized to enter into agreements with counties and federal government. 95-2907 April 18, 1969 7, Ga.L. 1969, p. 492 Department authorized to lease, sell or exchange acquired property. 95-9916 March 23, 1939 3, Ga.L. 1939, p. 326 Violation of Section 95-2113. 95-9918 February 2, 1950; April 8, 1968 11, Ga.L. 1950, p. 62; 4, Ga.L. 1968, p. 1055 Illegal sales to or purchases from Highway Department. 95-9920 December 22, 1953 Ga.L. 1953, Nov.-Dec. Sess., p. 367 Unauthorized erection of highway signs or markers. 95-9921 February 18, 1955; March 10, 1966 1, Ga.L. 1955, p. 198; 1, Ga.L. 1966, p. 342 Littering public property. 95-9922 March 9, 1956 5, Ga.L. 1956, p. 615 Obstruction of highway, unlawful parking to be punished as a misdemeanor. 95-9923 March 13, 1957 4, Ga.L. 1957, p. 379 Violation of provisions relating to hauling pulpwood, logs, or lumber. 95-9924 April 6, 1967; April 28, 1969 11, Ga.L. 1967, p. 423; 1, Ga.L. 1967, p. 982 Penalty for violation of provisions relating to control of advertising adjacent to certain highways. 95-9925 April 6, 1967 15, Ga.L. 1967, p. 433 Penalty for violation of provisions relating to control of junkyards.

Page 1191

SECTION 3. SEVERABILITY. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 4. REPEAL OF CONFLICTING LAWS. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. WILLS, ETC.FIDUCIARY BONDSAMOUNT OF BOND NOT TO INCLUDE REAL ESTATE, ETC. No. 680 (Senate Bill No. 310). An Act to provide that in every case where an executor, administrator, trustee or guardian is required to give bond for the faithful performance of its duties in such fiduciary capacity, and the amount of such bond is dependent upon the value of the estate, such value of the estate shall be determined without regard to the value of any realty held by such executor, administrator, trustee or guardian in its fiduciary capacity, unless or until such realty is converted into personalty; 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. Any other provision of Georgia law to the contrary notwithstanding, in every case where an executor of any will, or an administrator of the estate of any decedent, or the trustee of any trust, or the guardian of the property of any person is required by any statute of this State, or by the ordinary of any county, or by the judge of any court of competent jurisdiction to give bond for the faithful performance of its duties in such fiduciary capacity, and the amount of such bond is dependent upon the value of the estate, such value of the estate for purposes of said bond shall be determined without regard to the value of any realty, or improvements thereon, held by such executor, administrator, trustee or guardian in its fiduciary capacity. Upon the conversion by any such fiduciary of said realty into personalty, such fiduciary shall thereupon give a new bond based upon the value of the estate including the value of the personalty into which the said realty was converted. 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 April 18, 1973. LOCAL GOVERNMENTAL UNITS AUTHORIZED TO MAKE ADDITIONAL INVESTMENTS IN CERTAIN CERTIFICATES OF DEPOSITS. No. 683 (House Bill No. 27). An Act to amend an Act providing for additional investments for municipalities, counties, school districts and other local governmental units, approved March 25, 1964, (Ga. L. 1964, p. 741), so as to provide for additional investments

Page 1193

in certificates of deposit of certain banks; to repeal conflicting laws; and for other purposes. Be in enacted by the General Assembly of Georgia: Section 1. An Act providing for additional investments for municipalities, counties, school districts and other local governmental units, approved March 25, 1964 (Ga. L. 1964, p. 741), is hereby amended by adding in section 1 between the words and symbol and instrumentalities; and the words and symbol provided, however, the following: (c) Certificates of deposit of banks which have deposits insured by the Federal Deposit Insurance Corporation;, so that when so amended, section 1 shall read as follows: Section 1. The governing body of a municipality, county, school district, or other local governmental unit or political subdivision, in addition to all other legal investments, may invest and reinvest money subject to its control and jurisdiction in: Investments. (a) Obligations of the United States and of its agencies and instrumentalities; (b) Bonds or certificates of indebtedness of this State and of its agencies and instrumentalities; (c) Certificates of deposit of banks which have deposits insured by the Federal Deposit Insurance Corporation; provided however, that portion of such certificates of deposits in excess of the amount insured by the Federal Deposit Insurance Corporation shall be secured by direct obligations of the State of Georgia or the United States which are of a par value equal to that portion of such certificates of deposit which would be uninsured. Provided, however, that the provisions of this Act shall not impair the power of a municipality, county, school district or other local governmental unit or political subdivision

Page 1194

to hold funds in deposit accounts with banking institutions as otherwise authorized by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDSPECIAL ASSISTANCE FUND FOR CERTAIN LOCAL UNITS OF ADMINISTRATION PROVIDED, ETC. No. 684 (House Bill No. 57). An Act to amend an Act known as the Minimum Foundation Program of Education Act approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to provide a special assistance fund for certain local units of administration; to provide for the determination of eligibility for special assistance funds; to provide for the payment of special assistance funds to qualified local units of administration; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by adding a new section between sections 28 and 29 to be designated as section 28A and to read as follows: Section 28A. Special Assistance Fund for Local Units of Administration. (a) The State Board of Education is hereby authorized and directed to establish a special assistance fund whereby State funds, in addition to the amounts otherwise provided for by this Act, shall be payable to certain local

Page 1195

units of administration qualifying for such special assistance, as hereinafter provided. (b) The State Board of Education shall calculate annually the amount payable to each qualified local unit of administration as follows: (1) Calculate the Statewide special assistance fund wealth amount by dividing 40% of the Statewide equalized adjusted school property tax digest by the Statewide ADA and multiplying the result by an amount equal to 15 mills less the number of mills necessary to raise the Statewide required local effort. (2) For each local unit of administration, calculate the system special assistance fund wealth amount by dividing 40% of the system equalized adjusted school property tax digest by the system ADA and multiplying the result by an amount equal to 15 mills less the number of mills necessary to raise the required local effort. Each local unit of administration having a system special assistance fund wealth amount less than the Statewide special assistance fund wealth amount shall constitute a qualified local unit of administration. (3) Subject to the adjustment provided for by subsection (c) of this Section, calculate the special assistance funds payable to each qualified local unit of administration by subtracting the system special assistance fund wealth amount from the Statewide special assistance fund wealth amount and then by multiplying the result by the system ADA. (c) The amount otherwise payable to qualified local units of administration pursuant to subsection (b) of this Section shall be adjusted for each of those qualified local units of administration whose actual tax levy for educational purposes is less than the equivalent of 15 mills, less the number of mills necessary to raise the required local effort applied to 40% of the equalized adjusted school property tax digest of the local unit of administration. The amount of special

Page 1196

assistance funds payable to such local units of administration shall be adjusted as follows: (1) Convert the actual tax levied, less the mills necessary for the required local effort, for educational purposes by the local unit of administration to the equivalent of the enrichment mills that would be applied to 40% of the equalized adjusted school property tax digest of the local unit of administration. (2) Compute the percentage that the millage determined by paragraph (1) above bears to 15 mills, less the mills required by the required local effort for the local unit of administration. (3) Apply the percentage determined by paragraph (2) above to the amount of special assistance funds determined pursuant to subsection (b) of this Section. The amount derived by this calculation shall be the adjusted special assistance funds payable to the local unit of administration. (d) The State Board of Education shall make the calculations provided by subsections (b) and (c) of this Section prior to the beginning of each fiscal school year and shall pay to each qualified local unit of administration one-twelfth of its respective special assistance funds for each month of each fiscal school year. Calculations shall be based on ADA and the actual tax levies of the local units of administration for the immediately preceding fiscal school year. Calculations shall also be based on the equalized adjusted school property tax digest for the immediately preceding fiscal school year. The first special assistance funds shall be paid to qualified local units of administration during the 1973-74 fiscal school year. (e) As used in this Section, (1) a system ADA means the average daily attendance of the system's resident students and students attending the system's schools pursuant to a contract having a term of 25 years or more,

Page 1197

(2) the Statewide ADA means the sum of the ADA of all systems, and (3) equalized adjusted school property tax digests means the equalized adjusted school property tax digests furnished to the State Board of Education pursuant to subsection (c) of Section 22 of this Act. (f) In the event sufficient funds are not appropriated to the State Board of Education to pay the full amount of special assistance funds payable to each qualified local unit of administration, as provided herein, the State Board of Education shall reduce pro rata the amount of special assistance funds payable to each qualified local unit of administration. (g) These funds must be used to meet minimum standards as adopted by the State Board of Education. After these standards are met, funds shall be applied to other educational expenditures subject to a plan submitted by the local unit of administration and approved by the State Board of Education. The State Board of Education is hereby authorized and directed to adopt and promulgate such rules and regulations as said Board deems necessary or desirable to implement and carry out the provisions of this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDEARLY RETIREMENT PROVIDED, ETC. No. 685 (House Bill No. 154). An Act to amend an Act entitled The Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended by an

Page 1198

Act approved April 5, 1971 (Ga. L. 1971, p. 416), and by an Act approved April 14, 1971 (Ga. L. 1971, p. 917), so as to change the provisions relative to termination of membership; to provide for early retirement; to provide for the vesting of retirement benefits; to change the provisions relating to retirement benefits; to provide for disability retirement bnefits; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled The Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. L. 1969, p. 998), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 416), and by an Act approved April 14, 1971 (Ga. L. 1971, p. 917), is hereby amended by striking the word, three from subsection (c) of section 4, wherever the same appears, and inserting in lieu thereof the word, four so that when so amended subsection (c) of section 4 shall read as follows: (c) The membership of any member shall terminate if he retires under this system or withdraws his contributions, or if in a period of four consecutive years after becoming a member, he renders less than one year of service, except as hereinafter provided. Any member who has not withdrawn his contributions to the Retirement System may retain his membership while on any leave of absence authorized by rules and regulations of the Board. The Board may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board, or if he ceases to be a contributing member by reason of illness preventing him from rendering service for as much as one year in a period of four consecutive years. No benefit under the Retirement System other than the payment of the accumulated contributions of such an employee shall become payable to him or on his account while he is not in service as a public school employee, and no employer contributions shall be made to the system during any such time. Termination.

Page 1199

Section 2. Said Act is further amended by striking from the last sentence of subsection (a) of section 6 the following: subsection (b) and inserting in lieu thereof the following: subsections (b) through (e) so that when so amended subsection (a) of Section 6 shall read as follows: (a) The normal retirement date of a member shall be the first day of the month coinciding with or next following the date he attains the age of 65, except that the normal retirement date of a member who is age 64 or over on the effective date of this Act shall be January 1, 1971. A member shall retire on his normal retirement date except as otherwise provided in subsections (b) through (e) of this section. Retirement date. Section 3. Said Act is further amended by adding at the end of section 6 two new subsections to be designated subsections (d) and (e) and to read as follows: (d) The early retirement date of a member shall be the first day of the month coinciding with or next following the date he attains the age of 60. A member may retire, at his option, at his early retirement date and receive the retirement benefit provided by subsection (d) of section 7 of this Act. Early retirement date. (e) The right to a retirement benefit under this Act shall vest in a member who has 10 or more years of creditable service if he has not withdrawn his contributions, and upon attaining his normal retirement age or his early retirement age, he shall begin receiving the appropriate retirement benefit provided by section 7 of this Act.

Page 1200

Section 4. Said Act is further amended by striking from subsection (b) of section 7 the following: two dollars ($2.00) ind inserting in lieu thereof the following: $5.00 so that when so amended subsection (b) of section 7 shall read as follows: (b) Upon retirement on his normal retirement date, a member shall receive a monthly retirement benefit under which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement payment shall be $5.00 multiplied by the number of the member's years of creditable service. Amount. Section 5. Said Act is further amended by striking from subsection (d) of section 7 the following: as provided in subsection (c) and inserting in lieu thereof the following: pursuant to subsections (c) through (e) so that when so amended subsection (d) of section 7 shall read as follows: (d) Any member exercising his right to retire at an early retirement date, pursuant to subsections (c) through (e) of section 6 of this Act, shall receive monthly retirement benefit which shall begin on the early retirement date. Such benefit shall be payable the first day of each month thereafter during his lifetime. The amount of each monthly retirement benefit shall be computed in the same manner as for a normal retirement benefit based on the number of years of creditable service as of the member's early retirement date; except, however, such benefit shall be actuarially

Page 1201

reduced at the rate of one-half of one percent ( of 1%) for each full month that such member is under sixty-five (65) years of age. Section 6. Said Act is further amended by adding a new subsection at the end of section 7 to be designated subsection (e) and to read as follows: (e) The retirement benefit provided by subsection (b) of this section shall be payable to those persons who retired under the provisions of this Act at any time prior to July 1, 1973, as well as to those members who retire after that date. Section 7. Said Act is further amended by adding a new section 7A between sections 7 and 8 to read as follows: Section 7A. Disability Retirement Benefits. Any member, after obtaining a minimum of fifteen years of creditable service, who shall become totally and permanently disabled to the extent that he is unable to perform the duties of his employment, shall be entitled to receive a disability retirement benefit equal to the full retirement benefit under subsection (b) of section 7 of this Act based on the number of years' service at the time of his becoming disabled. The disability of any member applying for disability retirement benefits shall be determined by the Board in the same manner and under the same procedure as disability of State employees is determined in accordance with the applicable provisions of the Act establishing the Employee's Retirement System of Georgia, approved March 3, 1949 (Ga. L. 1949, p. 138), as now or hereafter amended. Disability retirement benefits shall become payable within 30 days after such disability is determined by the Board as herein provided. Section 8. Said Act is further amended by striking subsection (a) of section 8 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) A member may elect, or may revoke a previous election and make a new election, at any time prior to his

Page 1202

retirement, to have his retirement benefit payable under one of the options hereinafter set forth in lieu of the lifetime income he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the member in writing and shall be subject to approval by the Board. Election. Section 9. Said Act is further amended by striking subsection (a) of section 9 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) If a member dies prior to his normal retirement date, his beneficiary shall receive a lump sum refund of his accumulated contributions made under the Retirement System to the member's date of death, unless the member retired before his normal retirement date in which event the refund of contributions shall be reduced by the amount of retirement benefits paid prior to the member's death. Beneficiary. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. GEORGIA SECURITIES ACT OF 1973. No. 686 (House Bill No. 264). An Act to regulate the sale of securities in this State; to provide for a short title; to provide for definitions; to provide for the registration of dealers, limited dealers, salesmen and limited salesmen; to provide for examinations and fees therefor; to provide for the refusal of registrations; to provide for the renewal of registrations; to provide for fees for initial registrations and renewal registrations; to provide for bonds; to provide for records and the preservation thereof; to provide for the examination of records by representatives of the Commissioner; to provide for the suspension or revocation of registration of dealers, limited dealers, salesmen and limited salesmen;

Page 1203

to provide for the registration of securities; to provide for registration statements; to provide that registration statements shall contain certain information; to provide for registrations by notification; to enumerate certain provisions generally applicable to securities registrations; to provide for the denial, suspension and revocation of registrations; to provide for exempt securities; to provide for exempt transactions; to provide that the Secretary of State shall administer the provisions of this Act; to designate the Secretary of State as the Commissioner of Securities; to authorize the Commissioner to employ examiners, clerks, stenographers and other employees; to authorize the Commissioner to promulgate rules and regulations; to provide for the compensation and expenses of persons employed by the Commissioner; to authorize the Commissioner to appoint an Assistant Commissioner and to delegate such of his powers and duties to such Assistant as he desires; to provide for investigations and subpoenas; to declare certain practices unlawful; to provide for the injunction and prosecution of violations; to provide for criminal penalties; to provide for civil liability from sales of securities; to provide for appeals; to provide for hearings; to provide for consent to service; to provide for certain credit transactions; to provide for immunity; to provide for evidentiary matters; to provide that prior law governs all suits, actions, prosecutions or proceedings pending or initiated before the effective date of this Act; to provide for prior registrations; to provide for judicial review; to provide for all matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known as and may be cited as the Georgia Securities Act of 1973. Section 2. Definitions. Unless clearly indicated otherwise by the context, the following terms when used in this Act, for the purposes of this Act, shall have the meanings respectively ascribed to them in this Section:

Page 1204

(1) Affiliate of, or a person affiliated with, a specified person, means a person who directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with the person specified. Any beneficial owner of 20 percent or more of the voting securities of a person or any executive officer, director, trustee, or general partner of a person is an affiliate of such person unless such shareholder, executive officer, director, trustee, or general partner shall prove that he in fact does not control, is not controlled by, and is not under common control with such person. (2) Beneficial owner means, with regard to any securities, any person who owns such securities or who enjoys benefits substantially equivalent to ownership. A person's beneficial ownership of securities shall be deemed to include, but shall not be limited to, any securities owned by: his spouse; his minor children; any revocable trust of which he is a settlor; any trust of which he, his spouse, and his minor children have an aggregate vested beneficial interest of 20 percent or more in the income or the corpus; any partnership in which he is a general partner; any corporation of which he is the beneficial owner of 20 percent or more of the outstanding voting securities or of which he is an executive officer if such corporation has no substantial business other than investment in securities; or any ancestor, sibling, or lineal descendant of his who resides in his home. (3) Commissioner means the Commissioner of Securities of this State. (4) Control (including the terms controlling, controlled by and under common control with) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (5) Dealer means every person, other than a salesman, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business

Page 1205

of offering, buying, selling or otherwise dealing or trading in securities issued by another person, but does not include a bank or trust company, or any person insofar as such person buys or sells securities for his own account, either individually or in some fiduciary capacity, other than as a part of a regular business, and does not include individuals who are general partners or executive officers of an issuer offering or selling securities of such issuer unless they are paid a commission for the sale of such securities. (6) Executive officer means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization whether incorporated or unincorporated. (7) Issuer means every person who issues or proposes to issue any security; except that with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates, or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons performing similar functions) or of the fixed, restricted management, or unit type, the term issuer means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued; except that in the case of an unincorporated association which provides by its articles for limited liability of any or all of its members, or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity; except that with respect to equipment-trust certificates or like securities, the term issuer means the person by whom the equipment or property is or is to be used; and except that with respect to fractional undivided interests in oil, gas, or other mineral rights, the term issuer means the owner of any such right or of any interest in such right (whether whole or

Page 1206

fractional) who creates fractional interests therein for the purpose of public offering. (8) Limited dealer means a dealer who is authorized under this Act to sell or offer for sale only a certain issue of or a certain class of securities specified by the Commissioner. (9) Limited salesman means a salesman who is authorized under this Act to sell or offer for sale only a certain issue of or a certain class of securities specified by the Commissioner. (10) Majority-owned subsidiary means a subsidiary more than 50 percent of whose outstanding securities representing the right, other than as affected by events of default, to vote for the election of directors, is owned by the subsidiary's parent, by one or more of the parent's other majority-owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majority-owned subsidiaries. (11) Parent of a specified person means an affiliate controlling such person directly, or indirectly through one or more intermediaries. (12) Person means an individual, a corporation, a partnership, an association, a joint stock company, a trust or any unincorporated organization. (13) Prospectus means any prospectus, notice, circular, advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security; except that (i) a confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of section 5(a) (3) at the time of such confirmation, was sent or given to the person to whom the confirmation

Page 1207

was sent or given, and (ii) a notice, circular, advertisement, sales literature, letter or communication in respect of a security shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of section 5(a) (3) may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and contain such other information as the Commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit. (14) Sale or sell means and shall include every contract of sale or disposition of a security or interest in a security, for value. The term offer to sell, offer for sale, or offer shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. The terms defined in this subsection shall not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer, or any person on whose behalf an offering is to be made. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing, shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. The issue or transfer of a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person, or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other security; but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall be deemed a sale of such other security. (15) Salesman means an individual other than a dealer or a limited dealer, employed or appointed or authorized by

Page 1208

a dealer, limited dealer, or by an issuer, to sell securities in this State. The general partners or executive officers of a dealer or a limited dealer engaged in the offer or sale of securities, and the general partners or executive officers of an issuer offering or selling securities of such issuer shall not be deemed to be salesmen within the meaning of this definition unless they are paid a commission for the sale of such securities. (16) Security means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, investment certificate, certificate of interest or participation in any profit-sharing agreement, certificate of interest in oil, gas or other mineral rights, collateral trust certificates, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, limited partnership interest, or beneficial interest in profits or earnings, or any other instrument commonly known as a security, including any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscibe to or purchase, any of the foregoing. Security shall not mean any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period, nor to any variable annuity contract as provided for and regulated under the Georgia Insurance Code and issued by a life insurance company licensed to do business in the State of Georgia, nor shall it mean any interest in a residential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income derived from the rental of units owned by others. (17) Securities of the same class means (i) all common stock of an issuer, regardless of varying series or designations and all securities convertible into common stock or conferring the right to acquire common stock, or (ii) all preferred stock of an issuer, regardless of varrying preferences, series, or designations and all securities convertible into preferred

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stock or conferring the right to acquire preferred stock. (18) Significant subsidiary means a subsidiary meeting any one of the following conditions: (i) The assets of the subsidiary, or the investments in and advances to the subsidiary by its parent and the parent's other subsidiaries, if any, exceed 10 percent of the assets of the parent and its subsidiaries on a consolidated basis. (ii) The sales and operating revenues of the subsidiary exceed 10 percent of the sales and operating revenues of its parent and the parent's subsidiaries on a consolidated basis. (iii) The subsidiary is the parent of one or more subsidiaries and, together with such subsidiaries, would, if considered in the aggregate, constitute a significant subsidiary. (19) Subsidiary of a specified person is an affiliate controlled by such person directly or indirectly through one or more intermediaries. (20) Underwriter means any person who has purchased from an issuer or an affiliate of an issuer with a view to, or offers or sells for an issuer or an affiliate of an issuer in connection with, the distribution of any security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; provided, however, that a person shall not be considered an underwriter with respect to any securities which he was owned beneficially for at least one year; and provided further, that a dealer shall not be considered an underwriter with respect to any securities which do not represent part of an unsold allotment to or subscription by the dealer as a participant in the distribution of such securities by the issuer or an affiliate of the issuer; provided further, that in the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person shall include the period during which the convertible security was

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beneficially owned and the period during which the security acquired on conversion has been beneficially owned. (b) The rules of statutory construction contained in Chapter 102-1 of the Code of Georgia of 1933, as now or hereafter amended, shall apply to the provisions of this Act. Section 3. Registration of Dealers and Salesmen. (a) No dealer, limited dealer, salesman or limited salesman shall offer for sale or sell any securities within or from this State, except in transactions exempt under subsection (a), (b), (f), (g), (h), (i), (k), (l), (m), or (n) of Section 9, unless he is a registered dealer, limited dealer, salesman or limited salesman pursuant to the provisions of this Section; provided, however, that real estate salesmen licensed to sell real estate in this State shall not be required to register as salesmen or limited salesmen under this Act in connection with the sale by them of a security consisting of any interest in a residential unit and any rental management arrangement relating thereto. (b) Dealers and Limited Dealers. Application for registration as a dealer may be made by any person. Such application for registration shall be made in writing in a form prescribed by the Commissioner, shall be executed by the applicant, shall be duly verified under oath, shall be filed in the office of the Commissioner, and shall contain the following information: (1) The name of the applicant. (2) The address of the principal place of business of the applicant, and the addresses of all branch offices of the applicant in this State. (3) The form of business organization and the date of organization of the applicant. (4) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limitations, if any, of the liability of any general partner, limited partner,

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director, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten (10) years. (5) A brief description of the general character of the business conducted or proposed to be conducted by the applicant. (6) A list of any other states in which the applicant is registered as a securities broker, dealer or salesman, and, if registration of the applicant as a securities broker, dealer or salesman has ever been denied, revoked, suspended or withdrawn, or if such a proceeding is pending in any state, full details with respect thereto. (7) Whether the applicant is registered as a broker or dealer under the Securities Exchange Act of 1934 or any Act adopted in amendment thereof and whether any such registration of the applicant has ever been denied, revoked or suspended or is then the subject of proceedings for revocation or suspension by the Securities and Exchange Commission. (8) The names of all organizations of securities brokers or dealers of which the applicant is a member or before which any application for membership on the part of the applicant is then pending, and whether any membership of the applicant in any such organization has ever been denied, revoked or suspended or is then the subject of proceedings for revocation or suspension. (9) The names of any securities exchanges of which the applicant or any of its partners, limited partners, directors, affiliates, or executive officers is a member, and whether any such membership has ever been denied, revoked or suspended or is then the subject of proceedings for revocation or suspension. (10) A balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified.

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If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the fiscal year preceding such last fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (11) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of, or is currently being prosecuted for, a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of, or is currently being prosecuted for, a felony, and if so, all pertinent information with respect to such injunction, disciplinary proceeding, prosecution or conviction. The Commissioner may waive the furnishing of any information required by this subsection (b) and may require such additional information as to the previous history, records or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a dealer under the provisions of this Act. No applicant shall be registered as a dealer under this Act, nor any such registration be renewed, unless each principal of such applicant has passed a written examination administered by the Commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the Commissioner showing that each principal has previously passed a similar examination conducted by

Page 1213

the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the Commissioner, as the Commissioner may determine. The Commissioner is further authorized to prescribe the time, manner or procedure relative to the holding of such examination, and may impose a fee against each principal taking said examination to cover the costs thereof, not to exceed $15. For the purposes of this section 3(b) only, with respect to a dealer or an applicant for registration as a dealer, the term principal refers to a person associated with such dealer or applicant who is engaged in the management of such dealer's or applicant's business, including the supervision, solicitation or conduct of such business, or the training of persons associated with such dealer or applicant for any of these functions. There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Commissioner in actions against such applicant in the manner and form hereinafter provided in section 18, and payment of the prescribed registration fee. When an applicant has fully complied with the provisions of this subsection and subsections (g), (h) and (i), the Commissioner shall register such applicant as a dealer unless he shall find that the applicant is not of good business reputation, or does not comply with the bonding requirements of this Act, or does not appear qualified by training or experience to act as a dealer in securities. When the Commissioner has registered an applicant as a dealer, he shall immediately notify the applicant of such registration. The procedure and requirements relative to the registration of a dealer as provided in this subsection (b) shall likewise apply to the registration of a limited dealer, except that an applicant for registration as a limited dealer shall furnish the Commissioner, as part of his application, information as to the particular issue or class of securities which he desires to sell or offer for sale. Any license, certificate or other evidence of registration issued by the Commissioner to a limited dealer shall specify the issue or class of securities

Page 1214

which such registration authorizes such limited dealer to sell or offer for sale. (c) Salesmen and Limited Salesmen. Application for registration as a salesman may be made by any individual. Such application for registration shall be made in writing in a form prescribed by the Commissioner, shall be executed by the applicant and by the dealer, limited dealer or issuer employing or proposing to employ such applicant, shall be duly verified under oath, shall be filed in the office of the Commissioner, and shall contain the following information: (1) Name and residence and business address of the applicant. (2) Name of the dealer, limited dealer or issuer employing or proposing to employ the applicant. (3) Names and addresses of three persons of whom the Commissioner may inquire as to the character and business reputation of the applicant. (4) Applicant's age and education. (5) The nature of employment and names and addresses of employers of the applicant for the period of ten years immediately preceding the date of application. (6) Other state or federal laws under which the applicant has ever been registered as a securities broker, dealer or salesman, and, if any such registration has ever been refused, canceled, suspended or revoked, or if such a proceeding is pending, full details with respect thereto. (7) Whether the applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of, or is currently being prosecuted for, a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of, or is currently being

Page 1215

prosecuted for, a felony, and if so, all pertinent information with respect to such injunction, disciplinary proceeding, prosecution, or conviction. The Commissioner may waive the furnishing of any information required by this subsecution (c) and may require such additional information as to applicant's previous business experience as he may deem necessary to determine whether or not the applicant should be registered as a salesman under the provisions of this Act. There shall be filed with such application payment of the prescribed registration fee. When an applicant has fully complied with the provisions of this subsection and subsections (g), (h) and (i), the Commissioner shall register such applicant as a salesman, unless he finds that such applicant is not of good business reputation, or does not appear to be qualified by training, experience or knowledge of the securities business to act as a salesman of securities. When the Commissioner has registered an applicant as a salesman, he shall immediately notify the applicant of such registration. No dealer, limited dealer or issuer shall employ any salesman or limited salesman who is not registered as required by this Act and each such person shall promptly notify the Commissioner of the termination of the employment by him of a salesman or limited salesman; and the registration of such salesman or limited salesman shall automatically be terminated from the time of termination of such employment. Any license, certificate or other evidence of such registration which such salesman or limited salesman has been issued shall immediately be returned to the Commissioner. The procedure relative to the registration of a salesman as provided in this subsection shall likewise apply to the registration of a limited salesman, except that an applicant for registration as a limited salesman shall furnish the Commissioner with information as to the particular issue or class of securities which he desires to sell or offer for sale. Any license, certificate or other evidence of registration issued by the Commissioner to a limited salesman shall specify

Page 1216

the issue or class of securities which such registration authorizes such limited salesman to sell or offer for sale. No applicant shall be registered as a salesman or limited salesman under this Act, nor any such registration be renewed, unless such person has passed a written examination administered by the Commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the Commissioner showing that he has previously passed a similar examination conducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the Commissioner, as the Commissioner may determine. The Commissioner is further authorized to prescribe the time, manner and procedure relative to the holding of such examination, and may impose a fee against such applicant taking said examination to cover the costs thereof, not to exceed $15. There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Commissioner in actions against such applicant in the manner and form hereinafter provided in section 18. (d) Refusal of Registration. If, after affording an applicant a hearing or an opportunity for a hearing as provided in section 17, the Commissioner finds that there are sufficient grounds to refuse to register such applicant as provided in this Section, he shall enter an order refusing to register such applicant. Such order shall state specifically the grounds for its issuance. A copy of such order shall be mailed to the applicant at his business address, and, if the application is for registration as a salesman or limited salesman, to the dealer or limited dealer or issuer who proposed to employ such applicant. (e) If the Commissioner shall find that an applicant has committed any act or made any omission which would constitute a sufficient ground for revocation of a dealer's, limited dealer's, salesman's or limited salesman's registration under section 4 of this Act, such or omission may constitute a sufficient ground for a finding by the Commissioner, under subsection (b) or subsection (c) of this

Page 1217

Section, that such applicant is not of good business reputation. (f) Record and Renewal of Registrations. Every registration under this Section shall expire on the 31st day of December in each year. Registration of dealers, limited dealers, salesmen, and limited salesmen must be renewed each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information had not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and in the case of a dealer or limited dealer, by the filing of a balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the preceding fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. Upon any change in the general partners, limited partners, directors, affiliates or executive officers of a dealer or limited dealer, such dealer or limited dealer shall promptly notify the Commissioner and shall furnish to him in writing such information concerning such persons which has not previously been filed as required in an original application for registration. (g) Fees. The fee for the inital registration of a dealer shall be $250. The annual renewal fee for a dealer shall be $50. The initial registration fee for a limited dealer shall be $100. The annual renewal fee for a limited dealer shall be $50. The initial registration fee for each salesman and each limited salesman shall be $50. The annual renewal fee for each salesman and each limited salesman shall be $10.

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(h) Except as otherwise provided herein, no applicant shall be registered as a dealer, limited dealer, salesman or limited salesman under this Act, nor shall any such registration be renewed, until such applicant files with the Commissioner bond satisfactory to the Commissioner in the sum of twenty-five thousand dollars ($25,000) as to dealers and limited dealers, and two thousand five hundred dollars ($2,500) as to salesmen and limited salesmen, payable to the State of Georgia for the use of all interested persons, and conditioned upon the faithful compliance by the principal with any and all provisions of this Act and any regulations and orders issued by the Commissioner. Any such bond may be cancelled by the principal or surety by giving notice to the Commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principal's registration until new bond satisfactory to the Commissioner is filed. Any cause of action on such bond must be brought within two (2) years after accrual thereof. The amounts above prescribed for the bonds required of salesmen, limited salesmen, dealers and limited dealers shall be construed as being the aggregate liability recoverable against such bonds, regardless of the number of claimants, and shall not be construed as individual liability. The requirement for the filing of such bond by an applicant for registration, or renewal of registration, as a dealer or limited dealer shall not be applicable if the most recent certified balance sheet filed by such applicant pursuant to this Section 3, and any subsequent non-certified balance sheet so filed, shall show that such applicant had, as of the dates of such balance sheets, a net worth of not less than $250,000 as determined in accordance with generally accepted accounting principles. The requirement for the filling of such bond by an applicant for registration or renewal of registration as a salesman or limited salesman shall not be applicable if the dealer or limited dealer by whom such applicant is employed, or is to be employed, is not subject to the bond requirements of this Section. (i) Every dealer, limited dealer, salesman or limited salesman registered under this Act shall make and keep

Page 1219

such accounts and other records with respect to sales of securities in this State, whether or not pursuant to exemptions contained in Section 8 or Section 9 of this Act, as the Commissioner may by rule or regulation require. All records so required shall be preserved for five years unless the Commissioner shall provide otherwise. All records of such dealers, limited dealers, salesmen or limited salesmen are subject to such reasonable periodic, special or other examinations by representatives of the Commissioner, within or without this State, as the Commissioner deems necessary or appropriate in the public interest or for the protection of investors. Section 4. Suspension or Revocation of Registration of Dealers and Salesmen. (a) The registration of any dealer, limited dealer, salesman or limited salesman may be suspended or revoked by the Commissioner as provided in subsection (b) hereof if he finds that such registrant, and in the case of a dealer or limited dealer, any general partner, limited partner, director, affiliate or executive officer of such dealer or limited dealer: (1) Has willfully made or caused to be made in any application for registration under this Act, or in any hearing conducted by the Commissioner, any statement which was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, or has willfully omitted to state in any such application any material fact which is required to be stated therein; (2) In the case of a dealer or limited dealer, does not meet the bonding requirements of this Act, or is insolvent in the sense that he cannot meet his obligations as they mature. (3) Has willfully violated or willfully failed to comply with any provision of this Act or a predecessor Act, or any regulation or order promulgated or issued under this Act or any predecessor Act; (4) Has been convicted of a misdemeanor of which fraud is an essential element or which involves a security or any

Page 1220

aspect of the securities business, or has ever been convicted of a felony; (5) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business; (6) Is subject to any currently effective order of the Securities and Exchange Commission or the securities administrator of any other State denying registration to or revoking or suspending the registration of such person as a dealer, or is subject to any currently effective order of any national securities association or national securities exchange (as defined in the Securities Exchange Act of 1934, as now or hereafter amended) suspending or expelling such person from membership in such association or exchange; (7) Conducts business in purchasing or selling securities at such variations from current market prices, or fair value in the case of securities for which there is no determinable market value, as, in the light of all the circumstances, are unconscionable; or (8) Has failed to file with the Commissioner any financial statement required pursuant to subsection (c) below. (b) Where the Commissioner reasonably believes that there are grounds for revocation or suspension as hereinbefore provided, he may issue an order requiring a dealer, limited dealer, salesman or limited salesman to show cause why his registration should not be suspended or revoked, or where the Commissioner deems the danger to the public to be imminent, he may temporarily suspend the registration of a dealer, limited dealer, salesman or limited salesman prior to any hearing, such order in the latter event to expire automatically if the Commissioner fails to afford the registrant a hearing or an opportunity for hearing as provided in Section 17 of this Act. Any hearing held pursuant to this Section 4 shall conform to the requirements of Section 17 of this Act. After hearing,

Page 1221

if the Commissioner finds that grounds for revocation or suspension exist, the Commissioner may enter an order revoking or suspending such registration. Any order issued under this subsection shall state specifically the grounds for its issuance, but the technical rules of pleading applicable in court proceedings shall not apply thereto. A copy of any order issued under this Section shall be sent by registered mail to the person affected thereby at his business address, and if the suspension or revocation is of the registration of a salesman or limited salesman, to the dealer or limited dealer who employs such salesman or limited salesman. Suspension or revocation of the registration of a dealer or limited dealer shall also suspend or revoke the registration of all his salesmen or limited salesmen; but suspension or revocation of the registration of a salesman or limited salesman solely because he was employed by a dealer or limited dealer whose registration was suspended or revoked shall not prejudice subsequent application for registration by such salesman or limited salesman. (c) The Commissioner may at any time require a dealer or limited dealer to file with him a financial statement showing the financial condition of such dealer or limited dealer as of the most recent practicable date, but such financial statement need not be certified. Section 5. Registration of Securities. It shall be unlawful for any person to offer for sale or to sell any securities to any person in this State unless (i) they are subject to an effective registration statement under this Act, or (ii) the security or transaction is exempt under section 8 or section 9 hereof, respectively. (a) Registration by Qualification. (1) Any security may be registered by qualification under the terms and conditions hereinafter provided by filing a registration statement which shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions

Page 1222

tions (or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer). A registration statement shall be deemed effective only as to the securities specified therein as proposed to be offered. (2) The registration statement shall contain the information specified in Section 5(b) (1) and shall be accompanied by the documents specified in section 5(b) (2), except that the Commissioner may by rules or regulations provide that any such information or document (other than the requirements with respect to financial statements provided for in section 5(b) (1)) need not be included with respect to any class of issuers or securities if he finds that the requirement of such information or document is inapplicable to such class and that disclosure fully adequate for the protection of investors is otherwise required to be included within the registration statement. If any accountant, attorney, engineer, or appraiser, or any person whose profession gives authority to a statement made by him, is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement, or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement shall be filed with the Commissioner prior to the effectiveness of the registration statement. Any such registration statement shall contain such other information, and be accompanied by such other documents, as the Commissioner may by rules or regulations require as being necessary or appropriate in the public interest or for the protection of investors. Each registration statement which is filed hereunder shall be accompanied by the payment of the filing fee prescribed in section 6(a), an issuer's bond required by section 6(b), and, if required under section 6(c), a consent to service of process meeting the requirements of Section 18. (3) A prospectus which is part of a registration statement effective under this section 5(a) and which contains the information specified in section 5(b) (1), except to the extent modified by rules or regulations promulgated by the

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Commissioner as provided in paragraph (2) above, shall be delivered to any purchaser prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. (4) (i) Any person who purchases securities registered under this section 5(a) from the issuer, any affiliate of such issuer or underwriter shall have the unqualified and unwaivable right to rescind such purchase within 72 hours of the execution by such person of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for such securities, whichever shall occur first. Such recission shall be effective upon actual delivery or mailing of notice of rescission to the person specified in subparagraph (xvi) of section 5(b) (1). (ii) It shall be unlawful for any person specified in subparagraph (xvi) of section 5(b) (1) as the person responsible for making any repayment required in suparagraph (ii) above to fail to return within seven days of receipt of notice of recission any consideration received from a person exercising the right of rescission specified in subparagraph (i) above. Any part of such consideration which consists of an obligation on the part of a person exercising said right of rescission which was entered into in connection with the transaction rescinded and which requires such person to make future payments to the issuer, affiliate of such issuer, or underwriter shall be marked cancelled and shall be returned to such person exercising said right of rescission. Within seven days of receipt by such person exercising said right of rescission of all consideration given to the issuer, affiliate of such issuer or underwriter in connection with the transaction rescinded, such person exercising said right of rescission shall deliver to the person specified in subparagraph (xvi) of Section 5(b) (1) any securities issued in connection with the transaction rescinded. (iii) Following receipt of notice of rescission by the person specified in subparagraph (xvi) of section 5(b) (1) as the person responsible for making any repayment required

Page 1224

in subparagraph (ii) above, it shall be unlawful for any agent of the issuer, of an affiliate of such issuer, or of an underwriter to contact such person exercising the right of rescission specified in subparagraph (i) above for the purpose of influencing such person exercising said right of rescission to withdraw any notice of rescission or for the purpose of making further sales of any securities of such issuer until all consideration given to the issuer, affiliate of such issuer or underwriter has been returned to such person exercising said right of rescission, as provided in subparagraph (ii) above. A registration statement under this subsection (a) becomes effective when the Commissioner so orders. (b) Registration Statement. (1) Every registration statement filed under section 5(a) shall contain the following information: (i) with respect to the issuer: its name, street address, form of organization and its telephone number; the State or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged; (ii) with respect to every director and officer of the issuer, or person occupying a similar status or performing similar functions: his name, address, and principal occupation for the past five (5) years; any criminal convictions or pending criminal proceedings involving the sale of securities of any such person or any disciplinary action taken or pending against any such person by the Securities and Exchange Commission, the National Association of Securities Dealers, the Commissioner, or any State securities regulatory authority; the amount of securities of the issuer held by him as of a specified date within thirty (30) days of the filing of the registration statement; and a statement (including price information) of all transactions by such person in securities of the issuer beneficially owned by him during the

Page 1225

two years preceding such date; the amount of the securities covered by the registration statement to which he has indicated his intention to subscribe; and with respect to each such person and any affiliate of such person or affiliate of a person specified in subparagraphs (v) or (vi) below, a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three (3) years or proposed to be effected; (iii) with respect to any person named as serving or as having agreed to serve as an advisory director of the issuer or in a similar capacity, a description of the exact relationship that will exist between the issuer and such person; the compensation paid or to be paid to such person to serve in such capacity, the amount of time that such person will actually spend on the affairs of the issuer, and each such person shall file with the Commissioner a written consent to the use of his name in the prospectus prior to the effectiveness of the registration statement; (iv) the remuneration paid during the past twelve (12) months and estimated to be paid during the next twelve (12) months, directly or indirectly, by the issuer (together with all predecessors, subsidiaries, and affiliates) to each of the three highest paid officers or directors of the issuer and to all those persons covered by subparagraph (ii) in the aggregate; (v) with respect to any person owning of record, or beneficially, if known, ten percent (10%) or more of the outstanding shares of any class of equity security of the issuer: the information specified in subparagraph (ii) other than his occupation; (vi) with respect to every promoter if the issuer was organized within the past three (3) years: the information specified in subparagraph (ii), any amount paid to him within that period or intended to be paid to him, and the consideration for any such payment; (vii) with respect to any person other than an issuer on whose behalf any part of the offering is to be made: his

Page 1226

name and address; the amount of securities of the issuer held by him as of the date of the filing of the registration statement; and a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three (3) years or proposed to be effected; (viii) the capitalization (including short and long-term debt) both as of the latest practicable date within 90 days, and as adjusted to give effect to the proposed offering, of the issuer and all subsidiaries whose financial statements are filed with the registration statement on either a consolidated or an individual basis; including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration (whether in the form of cash, physical assets, services, patents, goodwill, or anything else) for which the issuer or any subsidiary has issued any of its securities within the past two (2) years or is obligated to issue any of its securities; (ix) the kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation therefrom at which any portion of the offering is to be made to any person or class of persons other than the underwriters, with a specification of any such person or class; the basis upon which the offering is to be made it otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders' fees (including separately, cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering) or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated aggregate amounts of other selling expenses, including legal, engineering, printing and accounting charges; the name and address of every underwriter and every recipient of a finder's fee; and a description of the plan of distribution of the securities which are to be offered; (x) the net estimated cash proceeds to be received by

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the issuer from the offering after deducting all estimated expenses of the offering; the purposes for which the proceeds are to be used by the issuer; the amount proposed to be used for each purpose; the proposed order or priority in which the proceeds will be used for the purposes stated in the event the offering is not pursuant to an underwriting agreement under which no securities will be sold unless all securities to be offered are sold; the amounts of any funds to be raised from other sources to achieve the purposes stated; the nature of the sources of any such funds; (xi) in any case where the securities to be offered are to be sold in any manner except an underwriting agreement under which no securities will be sold unless all securities to be offered are sold, and where the issuer of such securities (A) has not had any substantial gross revenues from the sale of products or services or any substantial net income from any source for any fiscal year ended during the past three years, and (B) has not succeeded and does not intend to succeed to any business which has had any substantial gross revenues from the sale of products or services, or any substantial net income from any source, for any fiscal year ended during the past three years, the minimum amount of funds to be derived from the offering after expenses of the offering which the issuer reasonably believes to be necessary to enable the issuer to operate the business it proposes to conduct; (xii) a description of any stock options or other security options outstanding, or to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in subparagraphs (ii), (v), (vi), (vii), or (ix) and by any person who holds or will hold, after giving effect to the proposed offering ten percent (10%) or more of the securities subject to such options; (xiii) the dates of, parties to, and general description concisely stated of, every management or other material contract made or to be made otherwise than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement;

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(xiv) a description of any pending litigation or proceeding to which the issuer is a party and which could materially adversely affect its business or assets (including any such litigation or proceeding known to be contemplated by governmental authorities); (xv) the following financial statements: (i) a balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within ninety (90) days prior to the filing of the registration statement, and, if such balance sheet is not certified, also a certified balance sheet of the issuer or a certified consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date not more than one (1) year prior to the date of filing unless the last fiscal year of the issuer has ended within ninety (90) days prior to the date of filing, in which case such certified balance sheet may be as of the end of the fiscal year preceding such last fiscal year; (ii) a profit and loss statement, analysis of surplus and a statement of source and application of funds of the issuer or consolidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the three (3) fiscal years preceding the date of the most recent balance sheet filed, which shall be certified, and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the most recent balance sheet filed and, with respect to the profit and loss statement, for the corresponding period of the preceding year, statements for which interim and corresponding periods need not be certified; or, if the issuer and its predecessors have been in existence for less than three (3) fiscal years, the profit and loss and other required statements for the periods for which it has been in existence; and (iii) if a substantial part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required if that business were the registrant; provided, however, if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority-owned

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subsidiaries; provided, that if any such financial statements are required to be certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (xvi) on the inside back cover page in the case of a printed prospectus, or the final page in the case of a prospectus reproduced by any other means, notices in a form satisfactory to the Commissioner which shall provide a means of exercising the right of rescission provided in section 5(a) (4) of this Act and which shall be addressed to the Commissioner and to the person responsible for making any repayment specified in subparagraph (ii) of section 5(a) (4); and on the inside front cover page of the prospectus in the case of a printed prospectus or on the second page of the prospectus in the case of a prospectus reproduced by any other means, in bold-faced print or capital type the following legend: ANY PERSON WHO PURCHASES THE SECURITIES OFFERED HEREBY SHALL HAVE THE UNQUALIFIED AND UNWAIVABLE RIGHT TO RESCIND SUCH PURCHASE WITHIN 72 HOURS OF THE EXECUTION OF A WRITTEN AGREEMENT TO PURCHASE ANY SECURITIES OFFERED HEREBY, THE DELIVERY OF A CONFIRMATION OF SALE, OR THE PAYMENT FOR ANY SECURITIES OFFERED HEREBY, WHICHEVER SHALL OCCUR FIRST. RESCISSION MAY BE ACCOMPLISHED BY COMPLETING AND MAILING THE FORMS PROVIDED ON PAGE..... OF THIS PROSPECTUS. (2) Every registration statement filed under section 5(a) shall be accompanied by the following documents: (i) A copy of the prospectus proposed to be used in complying with the requirements of section 5(a) (3) of this Act; (ii) A copy of any notice, circular, advertisement, sales

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literature, letter or communication (if any such notice, circular, advertisement, sales literature, letter or communication is to be used in connection with the offering) in respect of a security which states from whom a written prospectus meeting the requirements of section 5(a) (3) of this Act may be obtained and which does no more than identify the security, state the price thereof, state by whom orders will be executed, and contain such other information as the Commissioner, by rules or regulations deems necessary or appropriate in the public interest and for the protection of investors and subject to such terms and conditions as may be prescribed therein, may permit; (iii) A specimen or copy of the security being registered; a copy of the issuer's articles of incorporation and bylaws, or their substantial equivalents, as currently in effect; and a copy of any indenture or other instrument relating to the security to be registered; (iv) A signed opinion of legal counsel which shall state whether or not the security, when sold, will be legally issued, fully paid, and nonassessable, and, if a debt security, a binding obligation of the issuer; (v) A copy of any underwriting or selling group agreement pursuant to which the distribution is to be made; (vi) A copy of every management or other material contract referred to in section 5(b) (1) (viii) above; (vii) A signed copy of any professional opinions or any reports or certifications specifically referred to in the prospectus; and (viii) A copy of any literature concerning the issuer or the offering given to any persons directly engaged in the sale of the securities. (c) Registration by Notification. Any security whose issuer or any predecessors have been in continuous operation for at least five years may be registered by notification,

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whether or not it is also eligible for registration by qualification under subsection (a) above, if: (1) There has been no default during the current fiscal year nor within three preceding fiscal years in the payment of principal, interest, or dividends on any security of the issuer (or any predecessor) with a fixed maturity or a fixed interest or dividend provisions; and (2) The issuer and any predecessors during the past three fiscal years have had average net earnings, determined in accordance with generally accepted accounting principles, which are applicable to all securities without a fixed maturity or a fixed interest or dividend provision and which (i) equal at least five percent (5%) of the amount of securities without a fixed maturity or a fixed interest or dividend provision outstanding at the date the registration statement is filed (as measured by the maximum offering price or the market price on a day selected by the registrant within 30 days before the date of filing the registration statement, whichever is higher), or (ii) if the issuer and any predecessors have not had any securities without a fixed maturity or a fixed interest or dividend provision outstanding for three full fiscal years, equal at least five percent (5%) of the amount (as measured by the maximum public offering price) of such securities which will be outstanding if all the securities being offered or proposed to be offered (whether or not they are proposed to be registered or offered in this State) are issued. (3) A registration statement under this subsection shall be signed by the issuer, any other person on whose behalf the offering is to be made, any registered dealer, limited dealer, or by any duly authorized agent of any such person, and shall contain the following information or documents, in addition to payment of the filing fee prescribed in section 6(a), and, if required under section 6(c), a consent to service of process meeting the requirements of section 18: (i) a statement demonstrating eligibility for registration by notification; (ii) the issuer's name, address, and form of organization;

Page 1232

the state (or foreign jurisdiction) and the date of its organization; and the general character and location of its business; (iii) with respect to any person on whose behalf any part of the offering is to be made in a non-issuer distribution: his name and address; and the amount of securities of the issuer held by him as of the date of the filing of the registration statement; (iv) the information specified in subparagraph (viii) of section 5(b) (1); and (v) any prospectus proposed to be used in offering the securities in this State and a copy of any underwriting or selling agreement relating to the offering. (4) If no stop order is in effect and no proceeding is pending under section 17, a registration statement under this subsection (c) automatically becomes effective at three o'clock (3:00) Georgia Time in the afternoon of the fifth full business day after the filing of the registration statement, or at such earlier time as the Commissioner determines. Section 6. Provisions Generally Applicable to Registration of Securities. (a) Every person registering securities pursuant to section 5 of this Act shall pay a filing fee of 1/20th of 1 percent of the maximum aggregate offering price at which the registered securities are to be offered in this State, but the fee shall not be less than $50. When a registration statement is withdrawn before the effective date or before a pre-effective stop order is entered under section 7, the Commissioner shall retain $50 and return the remainder of the fee, if any, to the applicant in the case of registration by notification, and shall retain the amount of the fee up to $250 in the case of registration by qualification and return the remainder of the fee, if any, to the applicant. (b) No securities shall be registered by qualification under section 5(a) until the applicant for registration first files with the Commissioner a bond satisfactory to the Commissioner in the sum of twenty-five thousand dollars ($25,000)

Page 1233

payable to the State of Georgia for the use of all interested persons, and conditioned upon the faithful compliance by the applicant with any and all provisions of this Act and any regulations and orders issued by the Commissioner. Any such bond may be cancelled by the applicant or surety by giving notice to the Commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the registration of the securities until new bond satisfactory to the Commissioner is filed. Any cause of action on such bond must be brought within two (2) years after accrual thereof. The $25,000 amount shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individual liability. (c) Every person who proposes to offer in this State a security required to be registered under Section 5 who has not previously filed with the Commissioner an irrevocable consent to service of process in the form prescribed by section 18 shall, as a condition of registration, file with the Commissioner such a consent. (d) Every offering circular or prospectus used in connection with an offering of securities registered by qualification under section 5(a) shall contain the following legend on the cover page thereof in boldface print or capital type: THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES COMMISSIONER OF THE STATE OF GEORGIA. THE SECURITIES COMMISSIONER, BY ACCEPTING REGISTRATION, DOES NOT IN ANY WAY ENDORSE OR RECOMMEND THE PURCHASE OF ANY OF THESE SECURITIES. (e) In any case where securities are to be registered for sale in this State and where the issuer of such securities (A) has not had any substantial gross revenues from the sale of products or services, or any substantial net income from any source, for any fiscal year ended during the past three years, and (B) has not succeeded and does not intend to succeed to any business which has had any substantial gross revenues

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from the sale of products or services, or any substantial net income from any source, for any fiscal year ended during the past three years, the Commissioner may by regulation or order require either or both of the following as a condition of registration under this Act: (1) except in an offering pursuant to an underwriting agreement under which no securities will be sold unless all securities to be offered are sold, the deposit in escrow of not less than 85 percent of the proceeds from the sale of the registered securities until such escrow account contains the amount specified in subparagraph (xi) of section 5(b) (1) of this Act; and (2) the deposit in an escrow account for a period not exceeding one year from the effective date of the registration statement or any renewal thereof, of (i) any securities of the same class issued to a person who is an executive officer, director, general partner or affiliate of the issuer within two years prior to the date of filing of the original registration statement and still beneficially owned by such person; or (ii) any securities of the same class as the securities registered which are to be issued to a person specified in subparagraph (i) at a price more than 50 percent below the proposed offering price of such securities, or for a consideration other than cash. No interest in any security held in such an escrow account shall be sold or transferred during the term of such escrow account without the written consent of the Commissioner; provided, that any escrow accounts required pursuant to this subsection (e) shall be with a bank, trust company or other escrow agent approved by the Commissioner upon terms provided by the Commissioner. (f) Any document filed under this Act or a predecessor act within five years preceding the filing of a registration

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statement may be incorporated by reference as an exhibit to any registration statement filed under Section 5 of this Act to the extent that the document is currently accurate. (g) The Commissioner may treat any exhibit filed under subparagraph (vi) of section 5(b) (2) as confidential and not subject to public inspection upon a showing, satisfactory to him, that disclosure of such information or document to the public would be detrimental to the applicant for registration or to the issuer and that confidential treatment is consistent with the public interest. (h) Any registration filed under this Act may be withdrawn prior to the effectiveness of such registration statement or the issuance of a pre-effective stop order under section 7. (i) A registration under Section 5 shall be effective for 12 months from its effective date. If the securities registered for sale are not sold within 12 months and the applicant desires to continue the offering under substantially the same terms, a renewal registration statement may be filed with the Commissioner. Such renewal registration statement shall recite the total number of shares or principal amount of securities sold in this State under the original (together with any renewal) registration and shall in all respects, including currency of information, comply with the requirements for an original registration. The Commissioner shall examine applications for renewal by the same standards as for original applications and upon that basis grant or deny the renewal registrations. Such registrations, if granted, shall be effective for a period of 12 months. In lieu of the filing fee prescribed by subsection (a) above, the Commissioner shall charge a renewal fee of $100 for such renewal registrations. Successive renewal registration statements may be filed when appropriate. The prospectus delivery requirements of section 5(a) (3) shall apply to sales of securities pursuant to a renewal registration. (j) (1) Every person who has registered securities for sale in this State shall, for a period of 12 months following

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the effective date of such registration statement or any renewals thereof, file with the Commissioner: (i) within 60 days of the close of each fiscal quarter of the issuer of the securities registered, except the last fiscal quarter of each fiscal year, the following financial statements prepared in accordance with generally accepted accounting principles: (A) a consolidated profit and loss statement of the issuer and its subsidiaries for each such fiscal quarter and for the corresponding period of the preceding fiscal year if the issuer or any predecessor was then in existence, and (B) such other financial statements as the Commissioner shall, by rule or regulation, require; (ii) within 90 days of the close of such issuer's fiscal year the following financial statements prepared in accordance with generally accepted accounting principles: (A) a consolidated balance sheet of the issuer and its subsidiaries as of the end of such fiscal year, (B) a consolidated profit and loss statement of the issuer and its subsidiaries for such fiscal year and for the preceding fiscal year if the issuer or any predecessor was then in existence, and (C) such other financial statements as the Commissioner may, by rule or regulation, require; provided that such financial statements shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office; (iii) if a substantial part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required in subparagraphs (i) and (ii) above if that business were the issuer; provided, however, if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of the consolidated statements required in subparagraphs (i), (ii), and (iii) above, individual statements for it and its majority-owned subsidiaries. (2) Each filing provided in paragraph (1) above shall be accompanied by a filing fee of $10. (3) A copy of each financial statement filed with the

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Commissioner pursuant to this subsection (j) shall be delivered with any prospectus required to be delivered pursuant to section 5(a) (3) of this Act. Section 7. Denial, Suspension and Revocation of Registration. (a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration (and shall give notice of such issuance pursuant to section 17 of this Act) if he finds that the order is in the public interest and that: (1) the registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; or (2) any prospectus used or to be used in connection with the offering contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; or (3) any provision of this Act or any rule, order or condition lawfully imposed under this Act has been willfully violated in connection with the offering, by (i) the person filing the registration statement, (ii) the issuer, any partner, executive officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any affiliate, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer, or (iii) any underwriter; or (4) the security registered or sought to be registered is the subject of a stop order of any federal or state securities commission or agency or similar order or a permanent or temporary injunction of any court of competent jurisdiction entered under any other federal or state act applicable to the offering; but (i) the Commissioner may not institute a proceeding against an effective registration statement under this paragraph (4) more than one year from the date of the

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order or injunction relied on, and (ii) may not enter an order under this paragraph (4) on the basis of an order or injunction entered under any other state act unless that order or injunction was based on facts which would currently constitute a ground for a stop order under this section; or (5) the offering has worked or tended to work a fraud upon purchasers or would so operate; or (6) the security is sought to be registered by notification and is not eligible for such registration. (b) The Commissioner may by order summarily postpone or suspend the effectiveness of the registration statement pending final determination of any proceeding under this Section. Upon the entry of the order, the Commissioner shall promptly notify by telephone or telegraph the issuer, any person on whose behalf such distribution is being made and the representative of the underwriters that it has been entered and of the reasons therefor and that within 15 days after the receipt of a written request the matter will be set down for hearing. If no hearing is requested and none is ordered by the Commissioner, the order will remain in effect until it is modified or vacated by the Commissioner. If a hearing is requested or ordered, the Commissioner, after notice of an opportunity for hearing to each person specified in subsection (c), may modify or vacate the order or extend it until final determination. (c) No stop order may be entered under any part of this section 7 except the first sentence of subsection (b) without (1) appropriate prior notice to the person filing the registration statement, the issuer, and the person on whose behalf the securities are to be or have been offered, (2) opportunity for hearing, and (3) written findings of fact and conclusions of law. (d) The Commissioner may vacate or modify a stop order if he finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.

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Section 8. Exempt Securities. Section 5 of this Act shall not apply to any of the following securities: (a) any security (including a revenue obligation) issued or guaranteed by the United States, any State, any political subdivision of a State, or any agency, authority, public corporation or other instrumentality of one or more of the foregoing, including any underlying or separate security which secures any of the foregoing securities; (b) any security issued or guaranteed by Canada, any Canadian province, any political subdivision of any such province, any agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government with which the United States currently maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor; (c) any security issued by and representing an interest in or a debt of, or guaranteed by, any bank organized under the laws of the United States, or any bank, savings institution, or trust company organized and supervised under the laws of any State; (d) any security issued by and representing an interest in or a debt of, or guaranteed by, any federal savings and loan association, or any building and loan or similar association organized under the laws of any State and authorized to do business in this State; (e) any security issued by a farmers' cooperative association as defined in section 521 of the Internal Revenue Code of 1954, as now or hereafter amended; (f) any security issued or guaranteed by any federal credit union or any credit union, industrial loan association, or similar association organized and supervised under the laws of this State; (g) any security issued or guaranteed by any railroad, other common carrier, public utility, or holding company which is (1) subject to the jurisdiction of the Interstate

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Commerce Commission; (2) a registered holding company under the Public Utility Holding Company Act of 1935, as now or hereafter amended, or a subsidiary of such a company within the meaning of that Act; (3) regulated in respect of its rates and charges by a governmental authority of the United States or any State; or (4) regulated in respect of the issuance or guarantee of the security by a governmental authority of the United States, any State, Canada, or any Canadian province; (h) securities listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Coast Stock Exchange, the Philadelphia-Baltimore-Washington Stock Exchange, or any other stock exchange approved by the Commissioner as hereinafter provided; and all securities senior or equal in rank to any securities so listed or approved, any security represented by subscription rights which have been so listed or approved, or any warrant or right to purchase or subscribe to any of the foregoing; provided that the Commissioner may by written order approve any stock exchange in addition to those specified in this subsection if he finds that it would be in the public interest for securities listed on such exchange to be exempt under this subsection; and provided that the Commissioner shall have power at any time by written order to withdraw the approval theretofore so granted; (i) any security issued by any person organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purposes, or as a chamber of commerce or trade or professional association; (j) negotiable instruments maturing in not more than twelve months from date of issuance; provided that said securities are not offered for sale by means of advertisements publicly disseminated in the news media or through the mails; (k) notes issued in connection with the acquisition of real

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or personal property, if such notes are issued to the sellers of and are secured by the real or personal property so acquired. Section 9. Exempt Transactions. Except as hereinafter in this Section expressly provided, Section 3 of this Act shall not apply to any offer or sale of a security in connection with any transaction described in subsection (a), (b), (f), (g), (h), (i), (k), (l), (m), or (n) below, and Sections 5 of this Act shall not apply to any offer or sale or any security in connection with any of the following transactions: (a) Any transaction by an executor, administrator, or guardian who is not an affiliate of the issuer of the security sold or offered for sale, or by a sheriff, marshal, conservator, receiver or trustee in bankruptcy. (b) Any transaction executed by a bona fide pledgee without any purpose of evading this Act. (c) Any transaction in securities not involving the issuer of the securities, an underwriter of the securities, or an affiliate of the issuer of the securities. (d) Any transaction in securities by an affiliate of the issuer of such securities, provided (1) such affiliate is not acting as an underwriter in the sale of such securities, (2) such securities are sold by the affiliate through a dealer registered under Section 3 of this Act acting as agent for the account of the affiliate of the issuer, (3) there is no solicitation, directly or indirectly, of orders to purchase any such securities by the affiliate or any dealer offering such securities for sale by him, (4) the dealer does no more than execute orders to sell as a broker and receives no more than the usual or customary broker's commission, and (5) the affiliate makes no payments in connection with the execution of such transactions other than the broker's commission permitted under (4) above. (e) Any transaction in securities pursuant to a registration statement effective under the Securities Act of 1933, as now or hereafter amended, or of securities exempt from the registration requirements of such Act pursuant to sections

Page 1242

3(b) or 3(c) thereof, but only during the continuance of such exemption, provided that the Commissioner has received prior to such sale: (1) a Notice of Intention to Sell which has been executed by the issuer, any other person on whose behalf the offering is to be made, a dealer or limited dealer registered under this Act, or any duly authorized agent of any such person and which sets forth the name and address of the applicant, the name and address of the issuer, and the title of the securities to be offered in this State; (2) a copy of the initial registration statement (excluding exhibits) or the Notification on Form 1-A, 1-B, 1-E or 1-F (or any form substituted therefor) and related offering circular or offering sheet (but excluding other exhibits) filed with the Securities and Exchange Commission; (3) a filing fee of $250; and (4) a consent to service of process in the form prescribed by Section 18 of this Act which has been executed by the person which executed the Notice of Intention to Sell unless such person has previously filed with the Commissioner an irrevocable consent to service of process in the form prescribed by section 18 of this Act. The Commissioner shall issue to the person which executed the Notice of Intention to Sell a certificate which shall be signed and sealed by the Commissioner and which shall state the compliance or non-compliance with the requirements of paragraphs (1) through (4) of the items filed pursuant to such paragraphs. The provisions of this subsection (e) shall not apply to any transaction which is otherwise exempt under this Section 9. (f) Any transaction involving the issuance and delivery of securities by an issuer to its own security holders as a result of a stock dividend (whether the corporation distributing the dividend is the issuer of the stock or not), stock split, or other distribution or recapitalization for which the recipient does not pay any consideration or surrender the

Page 1243

right to a distribution in cash or property other than such securities, or the sale of any fractional interest resulting from such a distribution or recapitalization. (g) Any transaction involving the sale of securities to a bank, savings institution, trust company, insurance company, investment company as defined in The Investment Company Act of 1940, as now or hereafter amended, real estate investment trust, small business investment corporation, pension or profit sharing plan or trust, other financial institution, or a dealer registered under this Act, whether the purchaser is acting for itself or in some fiduciary capacity. (h) Preorganization subscriptions and the issuance and sale of securities pursuant to such subscriptions by an issuer to not more than ten (10) persons in this State in addition to persons who acquire securities in transactions which are not subject to this Act or which are otherwise exempt under subsections of this section 9; provided that (1) no commission or other remuneration is paid or given in connection with such sale, (2) such securities are not offered for sale by means of publicly disseminated advertisements or sales literature, (3) any certificate or certificates representing such securities shall be marked for a period of one year from the date of issuance to indicate clearly that they were issued in reliance upon the exemption contained in this subsection, and may not be resold except in compliance with this Act, and (4) each purchaser in this State executes a statement to the effect that such securities have been purchased for investment for his own account. As used in this Act, the phrase purchase for investment shall mean the purchase of any securities with the intent of holding such securities for investment and without the intent of participating directly or indirectly in a distribution of such securities. Any person who holds such securities for a period of one year from the date such securities have been fully paid for by such person shall be conclusively presumed to have purchased such securities for investment. (i) Any transaction involving the issuance of a security (1) in connection with a stock bonus plan requiring payment of no consideration other than services, (2) an employee's

Page 1244

pension, profit sharing, or stock purchase plan as such terms are respectively defined in the Internal Revenue Code of 1954, as now or hereafter amended, (3) in connection with retirement plans for self-employed individuals if that security is issued pursuant to a plan established and administered by a bank organized under the laws of the United States or by any bank or trust company organized and supervised under the laws of any State of the United States, or by any investment company as defined by the Investment Company Act of 1940, as now or hereafter amended, (4) in connection with a stock option plan in which no person except an employee of the issuer or of an affiliate of such issuer may participate, if no consideration is paid for any options granted other than services, or (5) in connection with the issuance of securities upon the exercise of options granted pursuant to such a stock option plan. (j) Any offer (but not a sale) of a security for which a registration statement has been filed under the Securities Act of 1933, as now or hereafter amended, if no stop order or refusal order is in effect and no public proceeding or examination looking toward such an order is pending under such Act. (k) Any transaction incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests, or partly in such exchange and partly for cash. (l) Any transaction involving the issuance or transfer of securities of the issuer by such issuer or by a subsidiary of such issuer to a corporation or its shareholders in connection with a merger, consolidation, reclassification of securities or sale or transfer of corporate assets in consideration of the issuance or transfer of such securities, where the transaction must be approved by the vote of the shareholders of such corporation pursuant to its articles or certificate of incorporation or corporate charter or the applicable corporation statute. (m) Any transaction involving the sale of securities during any twelve-month period by or on behalf of an issuer, an affiliate of an issuer, or an issuer and affiliates of the issuer;

Page 1245

provided that (1) the aggregate number of persons purchasing securities pursuant to this subsection during any 12-month period shall not exceed 35 persons exclusive of persons who acquire securities in transactions which are not subject to this Act or which are otherwise exempt under subsections of this section, (2) such securities are not offered for sale by means of publicly disseminated advertisements or sales literature, (3) any certificate or certificates representing such securities are marked to indicate clerly that they may not be transferred except in compliance with this Act, (4) each purchaser in this State executes a statement to the effect that such securities have been purchased for investment, as such phrase is defined in subsection (h) above, for his own account. (n) Any transaction pursuant to an offer exclusively to existing security holders of the issuer or a subsidiary of the issuer, including persons who at the time of the transaction are holders of convertible securities of the issuer, if (1) the offer is exclusively for the exchange of a security of the issuer for an outstanding security of the issuer or a subsidiary of the issuer, and (2) no commission or other remuneration is paid or given directly or indirectly for soliciting any exchange by a security holder in this State. Section 10. Administration. (a) The administration of the provisions of this Act shall be vested in the Secretary of State, who is hereby designated Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this Act. The Commissioner shall cooperate with the administrators of the securities laws of other States and of the United States with a view to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The Commissioner shall have authority to employ examiners, clerks and stenographers and other employees as the administration of that portion of this law vested in him may require.

Page 1246

(d) The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this law; provided, however, that any party adversely affected by any such ruling shall have the right of appeal within 30 days thereafter in the Superior Court of Fulton County, Georgia, or the superior court of the county of the residence of such party in this State, or if such party is a corporation, in the superior court of the county in which such corporation has its principal place of business in this State. (e) The Commissioner, or any persons employed by him, shall be paid, in addition to their regular compensation, the transportation fare, board, lodging and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this Act. (f) The Commissioner shall appoint, with the approval of the Governor, a person as Assistant Commissioner, and delegate such of his powers and duties hereunder to such Assistant Commissioner as he desires. Section 11. Investigations and Subpoenas. (a) The Commissioner, at his discretion, (1) may make such public or private investigations within or outside of this State as he deems necessary to determine whether any person has violated or is about to violate any provision of this Act or any rule, regulation or order hereunder, or to aid in the enforcement of this Act or in the prescribing of rules and regulations hereunder, (2) may require or permit any person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated, and (3) may publish information concerning any violation of this Act or any rule, regulation or order hereunder. (b) For the purpose of conducting any investigation as provided in this Section, the Commissioner shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, the production of books, records and papers, and to take the depositions of witnesses; and for such purposes the Commissioner is authorized to issue a subpoena for any witness

Page 1247

or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records or papers resides or is found, which shall be served and returned. The fees and mileage of the sheriff, witness or person shall be paid from the funds in the State treasury for the use of the Commissioner in the same manner that other expenses of the Commissioner are paid. (c) In case of refusal to obey a subpoena issued under any Section of this Act to any person, a superior court of appropriate jurisdiction, upon application by the Commissioner, may issue to the person an order requiring him to appear before the Commissioner, or the referee designated by him, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court. (d) No person is excused from attending and testifying or from producing any document or records before the Commissioner, or in obedience to the subpoena of the Commissioner or any referee designated by him, or in any proceeding instituted by the Commissioner, on the ground that the testimony or evidence (documentary or otherwise) required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying. (e) In the case of any investigation conducted under this Section, the Commissioner may conduct said investigation or he may appoint a referee to conduct said investigation who shall have the same powers and authority in conducting said investigation as are in this Section granted to the Commissioner. Said referee shall have been admitted to the practice

Page 1248

of law in this State and be possessed of such additional qualifications as the Commissioner may require. A transcript of testimony and evidence and objections resulting from such investigation shall have the same force and effect as if such investigation or investigations had been conducted by the Commissioner. All recommendations of any referee shall be advisory only and shall not have the effect of an order of the Commissioner. (f) In any case where an investigation is conducted by a referee, the referee shall submit to the Commissioner a written report including the transcript of the testimony and evidence (if requested by the Commissioner), the findings of the investigation, and a recommendation of the action to be taken by the Commissioner. The recommendation of the referee may be approved, modified or disapproved by the Commissioner. The Commissioner may direct his referee to take additional testimony or permit the introduction of further documentary evidence. Section 12. Unlawful Practice. (a) It shall be unlawful for any person: (1) to offer to sell or to sell any security in violation of section 3, Section 5, or Section 19, or any rule, regulation or order promulgated or issued by the Commissioner under any provision of this Act, or (2) to offer to sell or to sell a security by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission) if such person shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission, or (3) to offer or sell any security registered under section 5(a) of this Act by means of any prospectus except a prospectus which complies with section 5(a) (3) of this Act.

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(4) in connection with the sale of any securities registered under this Act (i) to make any representation concerning any future sales of securities of the same class by the issuer at a price higher than the current offering price, or (ii) to make any representations as to the future existence of any public market for the securities offered for sale. (b) It shall be unlawful for any person to make to any prospective purchaser, customer, or client any representation that the filing or effectiveness of a registration statement or the registration of any security under section 5, or the existence of any exemption for any security or transaction, means that the Commissioner has passed in any way upon the truth, completeness, or accuracy of such registration statement, the merits of such security, or has recommended or given approval to such security or transaction. Section 13. Injunction and Prosecution of Violations. (a) Whenever it may appear to the Commissioner, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this Act or by any rule, regulation or order of the Commissioner promulgated or issued pursuant to any section of this Act or which is declared to be unlawful under this Act, the Commissioner, may, at his discretion, act under any or all of the following paragraphs: (1) Issue an order, if he deems it to be appropriate in the public interest or for the protection of investors, prohibiting such person from continuing such act, practice or transaction, subject to the right of such person to a hearing as provided in section 17 of this Act; or (2) Apply to any Superior Court of competent jurisdiction in this State for an injunction restraining such person and his agents, employees, partners, officers and directors from continuing such act, practice or transaction or engaging therein or doing any acts in furtherance thereof, and

Page 1250

for such other and further relief as the facts may warrant; or (3) Transmit such evidence as may be available concerning such act, practice or transaction to any District Attorney or to the Attorney General, who may, at their individual discretion, institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the Commissioner may apply for and be entitled to have issued the court's subpoena requiring (1) the appearance forthwith of any defendant and his agents, employees, partners, officers or directors, and (2) the production of such documents, books and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Section, the court may grant such injunction as the facts may warrant. (c) In any criminal proceeding, the District Attorney may apply for and be entitled to have issued the court's subpoena requiring (1) the appearance forthwith of any defendant or his agents, employees, partners, officers or directors, and (2) the production of such documents, books and records as may appear necessary for the prosecution of such criminal proceedings. Section 14. Criminal Penalties. Any person who shall willfully violate any provision of this Act shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisonment for not less than one (1) and not more than five (5) years, or both, as the jury may recommend. Nothing in this Act shall limit any statutory or common law right of the State to punish any person for violation of any provision of any law. Section 15. Civil Liability from Sales of Securities. (a) Any person who violates any provision of section 12(a) of this Act shall be liable to the person buying such security; and such buyer may sue in any court of competent jurisdiction to recover the consideration paid (or the fair value thereof at the time the consideration was paid) for the security with interest thereon from the date of payment down to the

Page 1251

date of repayment as computed in subsection (c) (1) below (less the amount of any income received thereon), together with all taxable court costs and reasonable attorney's fees, upon the tender, where practicable, of the security at any time before the entry of judgment, or for damages if he no longer owns the security. Damages are the amount which equals the difference between the fair value of the consideration the buyer gave for the security and the fair value of the security at the time the buyer disposed of it, plus interest thereon from the date of payment down to the date of repayment as computed in subsection (c) (2) below. (b) Every person who directly or indirectly controls a person liable under subsection (a) above, every general partner, executive officer or director of such person liable under subsection (a) above, every person occupying a similar status or performing similar functions, and every dealer, limited dealer, salesman, limited salesman, or agent who participates in any material way in the sale are liable jointly and severally with and to the same extent as the person liable under subsection (a) above unless the person whose liability arises under the provisions of this subsection (b) sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable. (c) No person may sue under this Section more than two (2) years from the date of the contract for sale, or sale, if there is no contract for sale. No person may sue under this Section: (1) if the buyer received a written offer, before suit, and at a time when he owned the security to repay in cash or by certified or official bank check, within 30 days from the date of acceptance of such offer in exchange for the securities, the fair value of the consideration paid (determined as of the date such payment was originally paid by the buyer) together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security consists of an

Page 1252

interest-bearing obligation at the same rate as provided in the security, or in case the security consists of other than an interest-bearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and (i) such offeree does not accept the offer within 30 days of its receipt, or (ii) if such offer was accepted the terms thereof were complied with by the offeror; (2) if the buyer received a written offer before suit and at a time when he did not own the security to repay in cash or by certified or official bank check, within 30 days from the date of acceptance of such offer, an amount equal to the difference between the fair value of the consideration the buyer gave for the security and the fair value of any consideration received by the buyer upon sale of the security or the fair value of the securities at the time of disposition if otherwise disposed of, together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security consists of an interest-bearing obligation at the same rate as provided in the security, or in case the security consists of other than an interest-bearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and (i) such offeree does not accept the offer within 30 days of its receipt, or, (ii) if such offer was accepted, the terms thereof were complied with by the offeror; provided, no written offer shall be effective within the meaning of this subsection unless it would be exempt under Section 9 of this Act or, if registration would have been required, then unless it is accompanied by a prospectus meeting the requirements of section 5(a) (3) of the Act which shall be current as of the date of the written offer. (d) Every cause of action under this Act survives the death of any person who might have been a plaintiff or defendant. (e) Nothing in this Act shall limit any statutory or

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common law right of any person in any court for any act involving the sale of a security. Section 16. Appeals. (a) An appeal may be taken from any order of the Commissioner resulting from a hearing held in accordance with the provisions of section 17 of this Act by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Commissioner, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating: (1) the order from which the appeal is taken; (2) the ground upon which a reversal or modification of such order is sought; and (3) a demand for a certified transcript of the record of such order. (b) Upon receipt of such notice of appeal, the Commissioner shall, within ten (10), days thereafter, make, certify and deliver to the appellant a transcript of the record of the order from which the appeal is taken; provided, that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five (5) days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shal constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court. (c) If the order of the Commissioner shall be reversed, the court shall by its mandate specifically direct the Commissioner as to his further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations or restrictions to be therein contained. Section 17. Hearings. (a) Where the Commissioner has issued any order forbidding the sale of securities under section 7 hereof, he shall promptly send to the issuer of such

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securities and to all persons who have registered such securities a notice of opportunity for hearing. Before entering an order refusing to register any person under section 3 hereof, and after the entering of any order for revocation, suspension or to show cause why revocation or suspension should not be made under Section 4 hereof, the Commissioner shall send to such person, and if such person be a salesman or limited salesman, to the dealer or limited dealer who employs or proposes to employ such salesman or limited salesman, a notice of opportunity for hearing, and in the case of any show cause order, a copy of any order which is proposed to be issued. Hearings shall be conducted pursuant to this Section 17 by the Commissioner. (b) Notices of opportunity for hearing shall be sent by registered mail, return receipt requested, to the addressee's business mailing address, and such notice shall state: (1) the order which has issued and which is proposed to be issued; (2) the ground for issuing such order and proposed order; (3) that the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten (10) days after receipt of the notice. (c) Whenever a person requests a hearing in accordance with the provisions of this Section, there shall immediately be set a date, time and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. Except as provided in section 4(b) of this Act, the date set for such hearing shall be within 15 days, but not earlier than 5 days after the request for hearing has been made, unless otherwise agreed to by the issuer of the notice and the person requesting such hearing. (d) For the purpose of conducting any hearing as provided in this Section, the Commissioner shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses, the production of books, records and papers, and to take the

Page 1255

depositions of witnesses; and for such purposes the Commissioner is authorized, at the request of the person requesting such hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records or papers resides or is found, which shall be served and returned. The fees and mileage of the sheriff, witness or person shall be paid from the funds in the State treasury for the use of the Commissioner in the same manner that other expenses of the Commissioner are paid. (e) At any hearing conducted under this Section, a party or an affected person may appear in his own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Commissioner and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. The Commissioner shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and if the Commissioner refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing. (f) In the case of any hearing conducted under this section 17, the Commissioner may conduct said hearing or he may appoint a referee to conduct said hearing who shall have the same powers and authority in conducting said hearing as are in this section 17 granted to the Commissioner. Said referee shall have been admitted to the practice of law in this State and be possed of such additional qualifications as the Commissioner may require. In any case where a hearing is conducted by a referee, the referee shall submit to the Commissioner a written report including the transcript of the testimony and evidence (if such transcript is requested by the Commissioner), the findings of fact and conclusions of law and a recommendation of the action to be taken by the Commissioner. A copy of such written report and recommendations shall within 5

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days of the time of submission thereof to the Commissioner be served upon the person who requested the hearing, or his attorney or other representative of record, by registered mail. That person or his attorney may, within 10 days of service of the copy of such written report and recommendations, file with the Commissioner written objections to the report and recommendations which shall be considered by the Commissioner before a final order is entered. No recommendation of the referee shall be approved, modified or disapproved by the Commissioner until after 10 days after service of such report and recommendations as herein provided. The recommendations of the referee may be approved, modified or disapproved by the Commissioner. The Commissioner may direct his referee to take additional testimony or to permit the introduction of further documentary evidence. In any hearing conducted by a referee, a transcript of testimony and evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Commissioner. All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Commissioner. (g) If the Commissioner does not receive a request for a hearing within the prescribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this section 17, the Commissioner shall issue a written order which shall (1) set forth his findings with respect to the matters involved and (2) enter an order in accordance with his findings. Section 18. Consent to Service. Where a consent to service of process is required under this Act, such consent to service of process shall be in the form prescribed by the Commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the sale of any securities in violation of this Act may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this State by the service of process or pleadings upon the Commissioner. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Commissioner shall,

Page 1257

if made on the Commissioner, be by duplicate copies, one of which shall be filed in the office of the Commissioner and the other shall immediately be forwarded by the Commissioner by registered mail to the person against whom such process or pleadings are directed at his latest address on file in the office of the Commissioner. Section 19. Certain Credit Transactions. (a) With regard to any installment obligation which may be deemed to be negotiable, any note, or any postdated check, issued to an issuer, an affiliate of such issuer, or any underwriter in connection with the purchase of any securities of such issuer in a transaction registered under this Act, no holder of such negotiable installment obligation, note, or postdated check shall have the rights of a holder in due course in any action to enforce such negotiable installment obligation, note, or postdated check against the maker thereof if such negotiable installment obligation, note, or postdated check bears the legend described in subsection (b) below. (b) It shall be unlawful for any issuer, affiliate of such issuer or underwriter to receive any installment obligation which may be deemed to be negotiable, any note, or postdated check as consideration for the sale of any securities of such issuer in a transaction registered under this Act unless such negotiable installment obligation, note, or postdated check bears a legend indicating that such negotiable installment obligation, note, or postdated check was received as consideration for the sale of securities in a transaction registered under this Act and that in any action against the maker of such negotiable installment obligation, note, or postdated check, any holder thereof shall not have the rights of a holder in due course. (c) As used in this section 19, the terms check, holder, holder in due course, maker, and note shall have the same meanings as are given such terms in Ga. L. 1962, pp. 164 and 236-308, as now or hereafter amended. The rights of a person who is not a holder in due course shall be the same as the rights described in Ga. L. 1962, pp. 255-56, as now or hereafter amended. The negotiability of any installment obligation referred to in this Section 19 shall be determined

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in accordance with the provisions of Ga. L. 1962, pp. 236-82, as now or hereafter amended. Section 20. Waiver of Rights. Any condition, stipulation, or provision binding any person acquiring any security to waive (a) compliance with any provision of this Act or of the rules and regulations promulgated hereunder, (b) any rights provided by this Act or by the rules and regulations promulgated hereunder, or (c) any defenses arising under this Act or under the rules and regulations promulgated hereunder shall be void. Section 21. Immunity. For any action taken or any proceeding had under the provisions of this Act or under color of law, the Commissioner shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this State would be immune. Section 22. Evidentiary Matters. (a) In any action, civil or criminal, where a defense is based upon any exemption provided for in this Act, the burden of proving the existence of such exemption shall be upon the party raising such defense. (b) In any action, civil or criminal, a certificate signed and sealed by the Commissioner, stating compliance or noncompliance with the provisions of this Act, shall constitute prima facie evidence of such compliance or non-compliance with the provisions of this Act and shall be admissible in any such action. (c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Commissioner of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced. Section 23. Saving Provisions. (a) Prior law exclusively

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governs all suits, actions, prosecutions or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before the effective date of this Act, except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and in any event within two years after the effective date of this Act. (b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if this Act had not been passed. They are considered to have been filed, entered or imposed under this Act but are governed by prior law. (c) Prior law applies in respect of any offer or sale made within six months after the effective date of this Act pursuant to an offering begun in good faith before its effective date on the basis of an exemption available under prior law. (d) Judicial review of all administrative orders as to which review proceedings have not been instituted by the effective date of this Act are governed by section 16 of this Act, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and in any event within sixty days after the effective date of this Act. Section 24. Severability of Provisions. In the event any section, subsection, paragraph, subparagraph, 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, paragraphs, subparagraphs, sentences, clauses or phrases of this Act, which shall be and remain in full force and effect, as if the section, subsection, paragraph, subparagraph, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The Legislature hereby declares that it would have passed the remaining parts of

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this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. Section 25. Effective Date. The provisions of this Act shall become effective April 1, 1974. Section 26. Specific Repealer. Title 97 of the Code of Georgia of 1933, relating to securities, as amended by an Act approved March 2, 1937 (Ga. L. 1937, p. 787), an Act approved March 10, 1949 (Ga. L. 1949, p. 527), is hereby repealed in its entirety. An Act regulating promissory notes given as consideration for certain stocks, approved August 17, 1912 (Ga. L. 1912, p. 153), is hereby repealed in its entirety. An Act regulating the sale of securities, approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 423), is hereby repealed in its entirety. An Act regulating the sale of securities, approved February 26, 1957 (Ga. L. 1957, p. 134), as amended by an Act approved March 2, 1959 (Ga. L. 1959, p. 89), an Act approved March 17, 1960 (Ga. L. 1960, p. 957), an Act approved April 5, 1961 (Ga. L. 1961, p. 457), an Act approved April 12, 1963 (Ga. L. 1963, p. 557), an Act approved March 24, 1965 (Ga. L. 1965, p. 239), an Act approved March 20, 1970 (Ga. L. 1970, p. 450), an Act approved March 20, 1970 (Ga. L. 1970, p. 488), and an Act approved March 24, 1970 (Ga. L. 1970, p. 718), is hereby repealed in its entirety. Section 27. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. GEORGIA HISTORICAL COMMISSION AND ITS BOARDFUNCTIONS TRANSFERRED TO DEPARTMENT OF NATURAL RESOURCES. No. 687 (House Bill No. 371). An Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), so as to

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provide for the transfer of the functions of the Georgia Historical Commission and its Board of Commissioners to the Department of Natural Resources; 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 Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), is hereby amended by adding a new Section following Section 1534, to be designated section 1535, to read as follows: Section 1535. Georgia Historical Commission Functions Transferred. All of the functions of the Georgia Historical Commission and its Board of Commissioners created in Ga. L. 1951, pp. 789 et seq., as amended, are transferred to the Department of Natural Resources. Section 2. The Governor is authorized to effectuate and implement this Act by Executive Order anytime after his approval or upon its becoming law without his approval, provided, however, it shall become effective on July 1, 1973, in the absence of such Executive Order. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. TELECOMMUNICATIONS CONSOLIDATION ACT OF 1973. No. 688 (House Bill No. 471). An Act to authorize the Department of Administrative Services to formulate and implement a plan for a statewide telecommunications system to serve state government; to provide for legislative intent; to provide for cooperation with the plan by all state agencies; to grant to the Department

Page 1262

of Administrative Services the powers to carry out the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Telecommunications Consolidation Act of 1973. Section 2. Declaration of Intent and Purpose. (a) The recent telecommunications improvement study shows that consolidation of certain services into integrated statewide telecommunications systems will result in more effective and efficient services to state government. (b) It is the intention and purpose of the legislature that a statewide telecommunications system be developed, whereby maximum efficiency in the utilization of telecommunications services is achieved. Section 3. Definitions. As used in this Act, the following term shall have the meaning ascribed to it in this Section: (a) Telecommunication system means any system for the transmission, emission or reception of signs, signals, writings, images, sounds or intelligence of any nature, by wire, radio, optical or other electromagnetic means, excepting systems, facilities, personnel and technology for the purposes of educational radio and television, or for the instruction of the handicapped. Section 4. Department of Administrative Services to Develop Statewide System. The Department of Administrative Services is hereby authorized and directed to develop a plan to consolidate applicable state government telecommunications services and systems into a consolidated, integrated statewide system and to implement the plan at the earliest possible time. The Department of Administrative Services shall be responsible for the management and administration of the consolidated statewide system.

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Section 5. Telecommunications Powers and Duties of the Department of Administrative Services. Each user agency shall determine its particular telecommunication service requirements and the site at which such services shall be provided, and it shall be the duty of the Department of Administrative Services to provide the service as determined by each user agency. The Commissioner of the Department of Administrative Services shall provide also for the consolidation, integration, coordination and promotion of jointuse of telecommunications facilities owned or used by state government, and for the management of an efficient, economical, reliable, compatible and coordinated statewide telecommunications system, and shall take such actions as may be necessary and desirable to insure the delivery of efficient, effective and economical telecommunications services to user agencies of a consolidated system. Section 6. System for Equitable Billings. (a) The Commissioner of the Department of Administrative Services shall develop a system or systems of equitable billings and charges for all joint-use telecommunications services, equipment, maintenance, operation and other activities connected therewith to be made to the using agencies or entitles. A telecommunications revolving account is established under the administration of the Department of Administrative Services of the purposes of this Act, including, but not limited to, the purchase, lease or other forms of acquisition of services, supplies, equipment, and the payment of all salaries, wages or any other costs incidental to the provision and maintenance of joint-use telecommunications system. In order to provide an adequate cash flow as may be necessary for the purposes of this Act, using state agencies or other using entities shall, upon request of the Department of Administrative Services, make monthly payments into the telecommunications revolving account from funds appropriated for telecommunication services. (b) The Commissioner of the Department of Administrative Services may provide a means whereby local governmental entities may utilize the state telecommunications systems, upon such terms and under such conditions as the Commissioner may establish, providing, however, that such

Page 1264

local government entity must bear the cost of such use. The Department of Administrative Services may cooperate with other states and/or the federal government, or any agency thereof, with respect to organizing telecommunications systems in expediting and carrying out regional or wide-area telecommunications networks and may enter into any agreement necessary therefor. Section 7. Cooperation of State Agencies. All agencies of state government are requested to cooperate with the Department of Administrative Services for the purpose of implementing the provisions of this Act, providing any information requested by the said Department of Administrative Services. After the effective date of this Act, no department, board, authority or any other agency of state government other than the Department of Administrative Services shall perform the duties or exercise the powers herein, except as provided in this Act, unless the Department of Administrative Services shall delegate such duties or powers to another agency. Section 8. Emergency Assumption of Control. In the event a state of emergency or disaster is declared, the Governor may direct the Department of Defense to assume control over all or part of the statewide telecommunications system for the duration of the state of emergency or disaster. Section 9. The Electronic Data Processing-Printing Committee created by the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, p. 1015), shall perform the same functions in regard to telecommunications as said Committee performs in regard to electronic data processing and printing under Section 4 of the Executive Reorganization Act of 1972. Section 10. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed, except this Act shall

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not be interpreted so as to repeal or amend those laws assigning responsibility for educational radio and television. Approved April 18, 1973. GAME AND FISHPERMANENT HONORARY HUNTING LICENSES PROVIDED FOR CERTAIN DISABLED VETERANS. No. 689 (House Bill No. 605). An Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide for the issuance of permanent honorary hunting licenses to certain disabled veterans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, consolidating and superseding the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking section 31 in its entirety and inserting in lieu thereof a new section 31, to read as follows: Section 31. (a) It shall be unlawful for any resident of this State, who has attained the age of 16 years, to hunt, fish, or trap without a proper resident license, as provided in section 30 of his Act, except on premises owned by him or his immediate family, It shall be unlawful for any resident of this State to hunt, fish, or trap in this State without carrying the required license upon his person except on premises owned by him or his immediate family. (b) It shall be unlawful for any person not a resident of Georgia, who has attained the age of 16 years, to hunt, fish, or trap in the jurisdiction of this State without a proper non-resident license as provided in section 30 of this Act, except as otherwise provided by law and interstate agreements.

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It shall be unlawful for any non-resident to hunt, fish, or trap without carrying the required license on his person. (c) All legal residents of Georgia who are 65 years of age or more and who apply to the Game and Fish Division shall receive an honorary hunting and fishing license which shall entitle the holder thereof to hunt and fish without the payment of any fee whatsoever. All legal residents of Georgia who are totally blind and who shall apply to the Game and Fish Division shall be issued an honorary fishing license which shall entitle the holder thereof to fish within this State without the payment of any fee whatsoever. Any veteran, who is a legal resident of Georgia, who shall file with the Game and Fish Division a letter from the Veterans Administration stating that he is a totally disabled American veteran shall be issued a permanent honorary hunting and fishing license which shall entitle such veteran to hunt and fish within this State without the payment of any fee whatsoever. Disabled veterans. (d) All honorary hunting and fishing licenses with the exception of the payment of fees, are subject to all other provisions of laws, rules and regulations of this State. Such honorary licenses may be revoked upon the conviction of the holder for any violation of the game and fish laws of this State. It shall be unlawful for any person having an honorary fishing license or hunting license to permit the use of same by any other person. It shall also be unlawful for any person to use an honorary hunting and fishing license who is not entitled to the same. (e) All sport fishing licenses issued under the provisions of this section shall entitle the holder thereof to sport fish in any of the fresh or salt waters of this State, but in the latter case, only within the three-mile limit. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973.

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EDUCATIONPURCHASE OF LIABILITY INSURANCE INDEMNIFYING CERTAIN SCHOOL OFFICIALS AUTHORIZED, ETC. No. 690 (House Bill No. 606). An Act to authorize boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators, and other employees against liability for damage in specified instances; to authorize such boards to defend civil and criminal actions in certain instances and pay costs in connection therewith; to provide for expenditure of county, federal and local funds for such purposes; to declare legislative findings; to provide that nothing in this Act shall be construed as waiving any immunity or privilege now or hereafter existing; to provide for severability; an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Legislative Findings. The General Assembly finds that an urgent crisis confronts public education in Georgia. Evolving constitutional principles established by recent judicial decisions impose increased burdens upon school administrators and boards of education, and subject them to personal liability under judicial doctrines so unsettled as to render it difficult to predict the legality of actions in advance. Consequently, responsible and competent persons decline to accept appointment and employment, with resulting detriment to public administration. This crisis has become so grave that immediate relief is essential to quality education, and the purchase of protection through liability insurance and contracts of indemnity, and the defense of civil and criminal actions at public expense, as part of the public compensation paid to such officials and employees, offers the only feasible solution. Therefore, the General Assembly finds that the expenditure of public funds for such purposes in these circumstances is for educational purposes, and in furtherance of the support and maintenance of public schools and public education.

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Section 2. Liability Coverage. In addition to other compensation paid to members of boards of education, superintendents, teachers, principals, and other administrators and employees of county and other local public school systems, the several boards of education of counties, cities and independent school systems, whenever created, are hereby authorized, in their discretion, to purchase policies of liability insurance or contracts of indemnity; insuring or indemnifying the members of the board of education, superintendents, teachers, principals, and other administrators and employees against damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence violation of contract rights, or violation of civil, constitutional, common law or other statutory rights, whether state, federal or both. Such boards may expend county, federal and local funds for such purposes. The amount of such insurance or indemnity shall be in the discretion of the board. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract, and the existence of such insurance or indemnity shall not be disclosed nor suggested in any action brought against such individual. Section 3. Immunity Not Waived. Nothing herein shall be construed as waiving any immunity or privilege now or hereafter enjoyed by any board of education or member thereof, any superintendent, principal, teacher, administrator or other employee, nor of any public body, board, agency or political subdivision. Section 4. Defense of Actions. In lieu of obtaining the insurance or indemnity referred to in section 2 hereof, or in addition thereto, such boards of education may, as part of the compensation and terms of employment of board members, superintendents, principals, teachers and other administrators and employees, adopt policies whereby the board will undertake to defend all or specified civil, criminal or quasi-criminal actions brought or maintained against members of the board of education, the superintendents, principals, teachers and other administrators and employees, arising

Page 1269

out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law or other statutory rights, whether state or federal. Such boards may expend county, federal and local funds for such purposes, including but not limited to, attorney's fees, court costs, deposition costs, witness fees and compensation, and all other like costs, expenses and fees. Section 5. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. SOLID WASTE MANAGEMENT ACT AMENDEDPERMITS FOR SOLID WASTE HANDLING REQUIRED, ETC. No. 691 (House Bill No. 811). An Act to amend the Solid Waste Management Act, approved April 5, 1972 (Ga. L. 1972, p. 1002), so as to authorize the Director of the Division of Environmental

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Protection of the Department of Natural Resources to apply to the superior courts of this State for certain injunctive relief; to require permits for solid waste handling and for the construction and operation of disposal facilities and disposal sites; to define the procedure connected therewith; to change the provisions relating to exemptions; to provide for the revocation of permits; to define the procedure connected therewith; to amend the definition of nuisance as defined in this Act; to provide that the Director shall administer the funds granted by the state or federal government under this Act; to authorize the Director to exercise all incidental powers necessary to carry out the purposes of this Act; to strike that portion of the Act dealing with the Director's duty to hold hearings; 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 Solid Waste Management Act, approved April 5, 1972 (Ga. L. 1972, p. 1002), is hereby amended by striking the word or in the second line of subsection (g) (1) of section 3 and inserting in lieu thereof the word and, so that when so amended, subsection (g) (1) of section 3 shall read as follows: (g) `Nuisance' shall mean anything which: (1) meets the definition of the term as defined by Code section 72-101; and. Section 2. Said Act is further amended by striking subsection (j) of section 4 in its entirety and substituting in lieu thereof a new subsection (j) to read as follows: (j) To exercise all incidental powers necessary to carry out the purposes of this Act. Section 3. Said Act is further amended by adding between sections 7 and 8, a new section to be designated section 7A, to read as follows:

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Section 7A. Permits RequiredRevocation, Notice. No person shall engage in solid waste handling or construct or operate a disposal facility or disposal site, except those individuals exempted from the provisions of this Act under the provisions of Section 8, without first obtaining a permit from the Director authorizing such activity; provided, however, any such activity which has been conducted prior to the effective date of this Section for which a proper permit application has been made shall not be interrupted pending final action of the Director on such application, provided the application for such permit has been filed with the Director within thirty (30) days after regulations promulgated pursuant to this Section become effective. The Director shall promulgate regulations prescribing the procedure to be followed in applying for such permits and requiring the submission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permits. If the Director determines that such activity will result in any violation of this Act or any rule or regulation promulgated pursuant to this Act, he shall deny the permit; otherwise, he shall issue the permit, specifying on the permit the conditions under which such activity shall be conducted; provided, however, the Director may issue a temporary permit to any applicant who has conducted any such activity prior to the effective date of this Section for such period of time and under such conditions as the Director shall specify in such permit in order to allow the applicant a reasonable period of time to correct existing deficiencies if the Director determines that such activity will not likely create a nuisance or health hazard to the surrounding community during the period of time covered by said temporary permit. The Director may modify or revoke any permit issued pursuant to this Section if the the owner of the permit is found to be in violation of any of the permit conditions; or if the holder of the permit fails to perform such activity in accordance with the approved plan; or if such activity creates a nuisance. In the event of modification or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.

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Section 4. 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. Exemption. This Act shall not apply to any individual disposing of solid wastes originating from his own residence onto land or facilities owned by him when disposal of such wastes does not thereby adversely affect the public health. This Act shall not apply to any individual corporation, partnership, or Co-op disposing of livestock feeding facility-waste from facilities with a total capacity of up to 1000 cattle or 5000 swine. Provided further that if such individual corporation, partnership, or Co-up shall provide an approved waste disposal system which is capable of properly disposing of the run-off from a `ten year storm' he they shall be further exempt regardless of total per head capacity. Nothing in this Act shall limit the right of any person to use poultry or other animal manure for fertilizer. Section 5. Said Act is further amended by adding a new section between Sections 15 and 16, to be designated section 15A, to read as follows: Section 15A. Application by Director for Injunction to Prevent Violation of Act. Whenever, in the judgment of the Director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this Act, the Director may make application to the superior court of the county where such person resides, or if a nonresident of the State, then to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order restraining and enjoining such act or practice, and upon a showing by the Director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing adequate remedy at law. Section 6. Said Act is further amended by adding a new section between sections 19 and 20, to be designated section 19A, to read as follows:

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Section 19A. Director to Administer Grants. The Director shall administer all funds granted by the State of Georgia pursuant to section 19 of this Act. Section 7. Said Act is further amended by adding a new section between sections 20 and 21, to be designated section 20A, to read as follows: Section 20A. Director to Receive Financial Aid from Federal Government and Other Sources. The Director is hereby designated as the state representative to receive and administer financial aid from the federal government or other public or nonprofit sources for purposes of solid waste management. 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 18, 1973. GROUNDWATER USE ACT OF 1972 AMENDEDGROUNDWATER REDEFINED, ETC. No. 692 (House Bill No. 735). An Act to amend the Groundwater Use Act of 1972, approved April 5, 1972 (Ga. L. 1972, p. 976), so as to amend the definition of groundwater and add definitions of well, Department, and Director; to delete references to capacity use areas; to provide for certain exemptions and to establish reporting requirements concerning certain persons using groundwater; to insure compliance with the Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338, et seq.), as amended; to provide for the issuance of orders by the Director of the Environmental Protection Division of the Department of

Page 1274

Natural Resources; to provide a procedure whereby the Department may obtain a judgment of court for the enforcement of its orders; to provide for civil penalties for violation of any provision of this Act, or of any final order of the Director of the Environmental Protection Division of the Department of Natural Resources; to provide the procedure for imposing such civil penalties; to provide for judicial review; to provide for change of date for submission of plans; to provide for representation by the Attorney General; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Groundwater Use Act of 1972, approved April 5, 1972 (Ga. L. 1972, p. 976), is hereby amended by deleting from subsection (f) of section 3 the words whether percolating or otherwise so that, when amended, subsection (f) of section 3 shall read as follows: (f) `groundwater' means water of underground streams, channels, artesian basins, reservoirs, lakes, and other water under the surface of the earth, 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;. Section 2. Said Act is further amended by deleting in its entirety subsection (i) of section 3, which reads as follows: (i) notwithstanding any other provisions of this Act, this Act shall not apply to water used for agricultural irrigation purposes. Section 3. Said Act is further amended by adding to section 3 two subsections to be designated (j) and (k) and to read as follows: (j) `Department' means the Department of Natural Resources.

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(k) `Director' means the Director of the Environmental Protection Division of the Department of Natural Resources. Section 4. Said Act is further amended by deleting in its entirety section 4. Section 5. Said Act is further amended by deleting from the title of section 5 the words in Capacity Use Areas,; thereby causing the title of section 5 to read as follows: Section 5. Regulation of Use of Groundwaters. Section 6. Said Act is further amended by striking in its entirety subsection (a) of section 5 and substituting in lieu thereof the following: (a) The Division shall prepare proposed regulations to be applied, containing such of the following provisions as the Division finds appropriate concerning the use of groundwaters: Regulations. (1) provisions requiring water users within the area to submit reports not more frequently than at thirty-day 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 salt water 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;

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(4) such other provisions not inconsistent with this Act as the Division finds necessary to implement the purposes of this Act. Section 7. Said Act is further amended by deleting from the first sentence of subsection (b) of section 5 the following words: , upon notice, in accordance with the requirements of subsection (c) (4), (5) and (6) of Section 4 and inserting in lieu thereof the following words: with the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338, et seq.), as amended; thereby causing the first sentence of subsection (b) of section 5 to read as follows: (b) The Division shall conduct one or more hearings upon the proposed regulations in accordance with the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338, et seq.), as amended. Section 8. Said Act is further amended by deleting subsection (c) of section 5 in its entirety, which reads as follows: (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., and substituting in lieu thereof a new subsection (c) of section 5 to read as follows: (c) Any person wishing to contest the validity of a regulation may file for a declaratory judgment as provided for by section 11 of the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338, et seq.), as amended. Section 9. Said Act is further amended by deleting in its entirety subsection (d) of section 5 which reads as follows:

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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 10. Said Act is further amended by deleting from the first line of subsection (a) of section 6 of the Act the words In areas declared by the Division to be capacity use areas and from the last sentence of subsection (b) of section 6 the words within the capacity use area; thereby causing subsections (a) and (b) of section 6 of the Act to read as follows: (a) 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. Permits. (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. Section 11. Said Act is further amended by deleting from subsection (c) of section 6 the words fifteen days and inserting in lieu thereof the words thirty days so that when amended subsection (c) of section 6 shall read as follows: (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

Page 1278

issue to such persons, which permit will become final unless a request for a hearing is made within thirty days from the date of service of such notice. The Division shall have the power:. Section 12. Said Act is further amended by deleting from paragraph (2) of subsection (c) of section 6 the words, applicable to such capacity use area; thereby causing paragraph (2) of subsection (c) of section 6 to read as follows: (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. Temporary permit. Section 13. Said Act is further amended by striking in its entirety subsection (d) of section 6, and inserting in lieu thereof the following: (d) The Division shall 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. Notice. Section 14. Said Act is further amended by deleting from subsection (e) of section 6 the words the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338, as amended)., and inserting in lieu thereof Section 17(a) of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1026) and also, for the purposes of this Act, specifically subject to the provisions of subsection (a) of section 20 of the Administrative Procedure Act of 1964 (Ga. L. 1964, pp. 338, 354). thereby causing subsection (e) of section 6 to read as follows:

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(e) Any hearing pursuant to this section shall be held in accordance with section 17(a) of the `Executive Reorganization Act of 1972', approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1026) and also, for the purposes of this Act, shall be specifically subject to the provisions of subsection (a) of section 20 of the Administrative Procedure Act of 1964 (Ga. L. 1964, pp. 338, 354). Hearings. Section 15. Said Act is further amended by striking in its entirety subsection (f) of section 6, and substituting in lieu thereof the following: (f) Any person who has exhausted all administrative remedies and who is aggrieved by a final decision in a contested case is entitled to judicial review as provided by Section 17(a) of the `Executive Reorganization Act of 1972', approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1026), and also for the purposes of this Act is specifically subject to the provisions of subsection (a) of section 20 of the Administrative Procedure Act of 1964 (Ga. L. 1964, pp. 338, 345). Judicial review. Section 16. Said Act is further amended by deleting in its entirety paragraph (2) of subsection (a) of section 7 which reads as follows: (2) the duration of the existence of a capacity use area; or and by renumbering paragraph (3) as paragraph (2); thereby causing subsection (a) of section 7 to read as follows: (a) No permit under section 6 shall be issued for a longer period than the longest of the following: Period of permit. (1) ten years; or (2) 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 provisions of Section 6.

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Section 17. Said Act is further amended by deleting subsection (c) of section 7 in its entirety and substituting in lieu thereof a new subsection (c) of section 7 to read as follows: (c) Every person 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 issuance of regulations. Water users not required to secure a permit shall comply with procedures established to protect and manage the water resources of the State. Such procedures shall be within the provisions of this Act and shall be adopted after public hearing. The requirements embodied in the two preceding sentences shall not apply to individual domestic water use. Statement. Section 18. Said Act is further amended by deleting from the first sentence of subsection (e) of section 7 the following words, date of declaration of a capacity use area and substituting in lieu thereof the words, effective date of this Act; thereby causing subsection (e) of section 7 to read as follows: (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 effective date of this Act, 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. Section 19. Said Act is further amended by deleting from subsection (f) of section 7 the date July 1, 1972 and substituting in lieu thereof the date July 1, 1973; thereby causing subsection (f) of section 7 to read as follows:

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(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, 1973. 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. Section 20. Said Act is further amended by deleting from the last line of subsection (g) of section 7 the words, date of declaration of the capacity use area and substituting in lieu thereof the words effective date of this Act as amended; thereby causing subsection (g) of section 7 to read as follows: (g) Pending the issuance of denial of a permit pursuant to subscetion (e) or (f) of this section, the applicant may continue the same withdrawal or use which existed prior to the effective date of this Act as amended. Use pending permit. Section 21. Said Act is further amended by adding two new sections between sections 7 and 8 to be designated section 7A and 7B and to read as follows: Section 7A. Orders of the Director of the Environmental Protection Division of the Department of Natural Resources. Whenever the Director has reason to believe that a violation of any provision of this Act or any rule or regulation of the Department adopted pursuant to this Act has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the Director may issue an order directed to such violator or violators. The order shall specify the provisions of the Act or rule or regulation alleged to have been violated, and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the Director under the provisions of this Act shall be signed by the Director. Any such order shall become final unless the person

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or persons named therein request in writing a hearing before the Director no later than thirty days after such order is served on such person or persons. Appeals from this order shall be in compliance with section 17(a) of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1026) and also, for the purposes of this Act, shall be specifically subject to the provisions of subsection (a) of section 20 of the Administrative Procedure Act of 1964 (Ga. L. 1964, pp. 338, 354). Section 7B. Judgment in Accordance with the Director's Order. The Director 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 if said person is a nonresident of this State, in the superior court of the county wherein the violation occurred, a certified copy of a final order of the Director unappealed from, or of a final order of the Director 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 thereto shall thereafter be the same as though said judgment had been rendered in a suit duly heard and determined by said court. Section 22. Said Act is further amended by deleting subsection (b) of section 8 in its entirety, which reads as follows: (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 Division may, either before or after the institution of criminal proceedings, institute a civil action in the name of the State for injunctive relief., and substituting in lieu thereof a new subsection (b) to read as follows: (b) Whenever in the judgment of the Director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this Chapter, the Director may make application to the superior

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court of the county where such person resides, or if said person is a nonresident of this State, then to the superior court of the county where such person is engaged in or is about to engage in any such act or practice, for an order enjoining and restraining such act or practice, and, upon a showing by the Director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law. Injuction. Section 23. Said Act is further amended by adding a new section between sections 8 and 9 to be designated section 8A and to read as follows: Section 8A. Civil Penalties and Procedures for Imposing Such Penalties. (a) Civil Penalties Any person violating any provisions of this Act or intentionally or negligently failing or refusing to comply with any final order of the Director issued as herein provided, shall be liable for 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. (b) Procedures Whenever the Director has reason to believe that any person has violated any provision of this Act or has negligently or intentionally failed or refused to comply with any final order of the Director, the Director may request a hearing before a hearing officer appointed by the Board of Natural Resources. Upon a finding that said person has violated any provision of this Act or has negligently or intentionally failed or refused to comply with a final order of the Director, said Hearing Officer shall issue his initial decision imposing such civil penalties as are herein provided. Such hearing and any judicial review thereof shall be conducted in accordance with section 17(a) of the `Executive Reorganization Act of 1972', approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1026) and also, for the purposes of this Act, shall be specifically subject to the provisions of

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subsection (a) of section 20 of the Administrative Procedure Act of 1964 (Ga. L. 1964, pp. 338, 354). Section 24. Said Act is further amended by deleting section 9 entitled Maps, Descriptions, Etc., Defining Boundaries of Capacity Use Areas in its entirety and by substituting in lieu thereof a new section 9 to be entitled Emergency Orders and to read as follows: Section 9. Emergency Orders. After receipt of an affidavit or other sworn statement from a person setting forth an emergency situation requiring immediate action to protect the public health or welfare and after the Division finds that such an emergency exists requiring immediate action to protect the public health or welfare, the Division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the Division deems necessary to meet the emergency. Such order shall be effective immediately, and any person to whom such order is directed shall comply therewith immediately but on application to the Division shall be afforded a hearing within five days from the day on which the order is issued. On the basis of such hearing, the Division shall continue such order in effect, revoke it or modify it. Any appeal from said order shall be in accordance with section 17(a) of the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. L. 1972, pp. 1015, 1026) and, for the purposes of this Act, specifically subject to the provisions of subsection (a) of section 20 of the Administrative Procedure Act of 1964 (Ga. L. 1964, pp. 338, 354), except that the initial hearing shall be within five days from the date on which the order was issued. Section 25. Said Act is further amended by adding a new section between sections 14 and 15 to be designated section 14A and to read as follows: Section 14A. Attorney General to represent the Department. It shall be the duty of the Attorney General to represent the Department and its agents or designate some member of his staff to represent them in all actions in connection with this Act.

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Section 26. Said Act is further amended by deleting in its entirety section 13, which reads as follows: Section 13. The provisions of this Act shall not apply to any poultry processing plant in the State. and substituting therein the following: Section 13. Exemptions. Notwithstanding any other provision of this Act, this Act shall not apply to persons utilizing or withdrawing water for agricultural purposes or for poultry processing purposes. The County Agricultural Agent of each county shall annually, upon request of the Environmental Protection Division of the Department of Natural Resources, furnish the Division with the best available estimates of the quantity of groundwater used or withdrawn by those persons who are exempt under this Section. This estimate shall be determined by nominal means from available equipment, including pump and power ratings, but shall not require the installation of metering devices on the part of those persons utilizing or withdrawing said groundwater. Section 27. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. AIR QUALITY CONTROL ACT AMENDEDPERMIT REQUIRED FOR OPERATION OF ANY FACILITY EMITTING AIR CONTAMINANTS, ETC. Code 88-903 Amended. No. 693 (House Bill No. 1008). An Act to amend Code Chapter 88-9, relating to Air Quality Control, as amended, so as to authorize the Department of Natural Resources to adopt regulations prohibiting the

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operation of any facility from which air contaminants are or may be emitted, unless a permit therefor has been obtained from the Director of the Division of Environmental Protection of the Department of Natural Resources; to establish guidelines for the issuance of such permits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-9, relating to Air Quality Control, as amended, is hereby amended by striking paragraph (5) of subsection (a) of section 88-903, which reads as follows: (5) Requiring that any person operating any facility constructed or modified in accordance with such permit issued under subsection (a)(4) above, be required to obtain a permit for operation of such facility from the Department, provided, however, in the case of modified facility, this subsection shall apply only to the modified portion of said facility. Said person shall within thirty (30) days of commencement of said operation complete performance tests and make application to the Department for an operating permit. Upon request, the Department may grant a reasonable extension of time to file said application for just cause. The Department shall act on the application for a permit within thirty (30) days of the filing of same. Said applicant may operate such facility without a permit until such time as the Department has either approved the application and issued the permit or denied same, provided, however, no person shall operate such facility without a permit for longer than thirty (30) days after commencement of said operation if said application is not made to the Department within the prescribed time. Such permit shall be issued on evidence satisfactory to the Department of compliance with the provisions of this Chapter and any standards or rules and regulations promulgated by the Board. Such permit shall be subject to periodic review and shall be revocable upon evidence of noncompliance, provided, however, such revocation shall be effected in accordance with the procedures established by sections 88-913, 88-914 and 88-915 herein.,

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in its entirety and by substituting in lieu thereof a new paragraph (5), to read as follows: (5) Prohibiting the operation of any facility from which air contaminants are or may be emitted unless the person desiring to operate same has obtained a permit therefor from the Director of the Division of Environmental Protection of the Department of Natural Resources. The operation of any existing facility for which a proper permit application has been made shall not be interrupted pending final action of said Director, provided such application has been filed with said Director within thirty (30) days after regulations promulgated pursuant to this paragraph become effective. Such permit shall be issued on evidence satisfactory to said Director of compliance with the provisions of this Chapter and any rules and regulations promulgated pursuant to this Chapter, and such permit shall specify the conditions under which the facility shall be operated. The Director, under such rules and regulations as the Board may prescribe, may require the submission of such plans, specifications and other information as set forth in such rules and regulations in connection with the issuance of such permits. The Director may grant a temporary operating permit for such period of time and under such conditions as he shall specify in such permit in order to allow the applicant a reasonable period of time to correct deficiencies in the existing facility. Any permit issued shall be subject to periodic review and the Director may revoke or modify any permit if the holder fails to comply with the approved plans and specifications for such operation; or if the holder violates any permit conditions. In the event of modification or revocation of the permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. Code 88-903 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 18, 1973.

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GEORGIA WATER QUALITY CONTROL ACT AMENDEDCERTAIN CONDITIONS PROVIDED FOR REVOCATION OF SEWAGE DISCHARGE PERMITS, ETC. No. 694 (House Bill No. 1009). An Act to amend an Act known as the Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), as amended, so as to provide conditions under which a permit to discharge sewage, industrial wastes or other wastes into the waters of the State may be revoked or modified; 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 Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), as amended, is hereby amended by striking the last two sentences of subsection (3) of section 10, which read as follows: The Board may revoke or modify any permit if the holder of the permit is found to be in violation of subsection 2, or if the holder of the permit fails to operate an existing facility as specified in the approved plan. No permit may be revoked or modified without first giving thirty days' written notice to the holder of the permit of intent to revoke or modify the permit., in their entirety and by substituting in lieu thereof the following: The Division of Environmental Protection of the Department of Natural Resources may revoke or modify any permit for cause, including but not limited to the following: (a) violation of any condition of the permit; (b) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; Revocation for cause.

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(c) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. In the event of modification or revocation of a permit, the Director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. 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 18, 1973. WATER SUPPLY QUALITY CONTROL ACT AMENDEDADOPTION OF CERTAIN RULES AND REGULATIONS PROVIDED, ETC. Code Chapter 88-26 Amended. No. 695 (House Bill No. 1060). An Act to amend Code Chapter 88-26, relating to Water Supply Quality Control, so as to repeal certain provisions requiring notice and hearing prior to the denial, modification or revocation of certificates; to provide for written notice of denial, modification or revocation of certificates; to provide for the promulgation and adoption of rules and regulations in accordance with the Georgia Administrative Procedure Act; to provide for the issuance of orders by the Director of the Division of Environmental Protection as may be necessary to enforce compliance with the provisions of this Chapter and all rules and regulations promulgated hereunder; to repeal certain provisions requiring notice and hearing prior to the issuance of administrative orders; to provide for administrative hearings and judicial

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review in accordance with Section 17(a) of the Executive Reorganization Act of 1972; to repeal certain provisions dealing with hearing examiners; to provide for procedure under which the Division of Environmental Protection may obtain a judgment of the court for the enforcement of its orders; to provide for civil penalties for the violation of this Chapter or of any final order of the Director; to provide for the procedure for imposing civil penalties; 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. Code Chapter 88-26, relating to Water Supply Quality Control, is hereby amended by striking paragraph (5) of Code section 88-2603, relating to powers and duties, in its entirety and inserting in lieu thereof a new paragraph (5), to read as follows: (5) To issue certificate covering the operation of public or community water supply systems stipulating in each certificate the conditions under which such certificate was issued and to deny, revoke, modify or amend certificates, for good cause. In the event of denial, modification or revocation of a certificate, the Division of Environmental Protection shall serve written notice of such action on the certificate holder and shall set forth in such notice the reason for such action;. Code 88-2603 (5) amended. Section 2. Said Code Chapter is further amended by striking paragraph (9) of Code section 88-2603, relating to powers and duties, in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows: (9) To adopt, modify, repeal and promulgate, in accordance with the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338), as amended, rules and regulations applicable throughout the State governing the installation, use and operation of systems, methods and means for furnishing water to public and community water supply

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systems as may be determined necessary, and generally for the proper administration of this Chapter. Code 88-2603 (9) amended. Section 3. Said Code Chapter is further amended by striking paragraph (10) of Code section 88-2603, relating to powers and duties, which reads as follows: (10) To issue an order or orders directing any particular person or persons to secure within the time specified herein, such operating results as are reasonable and practicable for furnishing water for public or community water supply systems. Such order or orders to be entered only after an opportunity to be heard has been afforded to the person or persons with at least twenty (20) days notice to such person or persons of the time, place and purpose thereof. No order shall become effective in less than twenty (20) days after same has been served on the person or persons affected by mailing a copy thereof to such person or persons at the address given when such person or persons applied for the certificate as provided in this Chapter or at the principal office and place of business in this State of such person or persons., in its entirety, and inserting in lieu thereof a new paragraph (10), to read as follows: (10) To issue orders as may be necessary to enforce compliance with the provisions of this Chapter and all rules and regulations promulgated hereunder. Code 88-2603 (10) amended. Section 4. Said Code Chapter is further amended by inserting, following Code section 88-2605, a new Code section to be designated Code section 88-2605A, to read as follows: 88-2605A. Order of the Director of the Division of Environmental Protection. Whenever the Director of the Division of Environmental Protection has reason to believe that a violation of any provision of this Chapter or any rule or regulation of the Division adopted pursuant to this Chapter has occurred, he shall attempt to obtain compliance therewith by conference, conciliation or persuasion. In the case of failure to obtain compliance by conference, conciliation or persuasion, the Director may order the violator to take whatever corrective action he deems necessary within a reasonable

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time to be prescribed in such order. Any order issued by the Director under the provisions of this Chapter shall be signed by the Director. Any such order shall become final unless the person or persons named therein files with the Director a written request for a hearing thirty (30) days after such order is served on such person or persons. Code 88-2605A enacted. Section 5. Said Code Chapter is further amended by striking Code section 88-2611, relating to appeals to superior courts, which reads as follows: 88-2611. Appeal to superior court; procedure; hearing de novo without jury. Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the Board directed to such person shall have the right to appeal to the Superior Court of Fulton County or to the superior court of the county of his residence or principal place of business within the State. Such appeal shall be by petition which shall be filed in the Clerk's office of such Court within twenty (20) days after the final order or action of the Board; provided, however, that the enforcement of the order or action appealed from shall not be stayed until and unless so ordered and directed by the reviewing Court. Upon the filing of such petition, the petitioner shall serve a copy thereof on the director in a manner prescribed by law for the service of process. The judge shall hear the proceeding de novo, and shall thereupon determine all matters of law and fact without a jury and render his decision approving, setting aside or modifying the order or action appealed from., in its entirety, and inserting in lieu thereof a new Code section 88-2611, to read as follows: 88-2611. Hearings on contested matters; judicial review. Hearings on contested matters and judicial review of final orders or actions under this Act shall be conducted in accordance with the provisions of section 17(a) of the `Executive Reorganization Act of 1972' (Ga. L. 1972, p. 1015). Code 88-2611 amended.

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Section 6. Said Code Chapter is further amended by striking Code section 88-2613, relating to hearing officers appointed by the board, which reads as follows: 88-2613. Hearing officers appointed by Board; qualifications. The Board is authorized to appoint one or more hearing officers who shall hold hearings on charges of violations of this Chapter or rules and regulations issued pursuant hereto and make findings of fact, prepare such orders as may appear necessary and proper and return them to the Board for consideration and action. To qualify as a hearing officer, a person must have been admitted to practice law before the highest court of this State., Code 88-2613 repealed. in its entirety. Section 7. Said Code Chapter is further amended by adding, following Code section 88-2614, a new Code section to be designated Code section 88-2614A, to read as follows: 88-2614A. Civil penalties and procedures for imposing such penalties. (a) Civil penaltiesAny person violating any provisions of this Chapter or negligently or intentionally failing or refusing to comply with any final order of the Director issued as provided herein, shall be liable for 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 said violation continues. Code 88-2614A enacted. (b) ProceduresWhenever the Director of the Division of Environmental Protection has reason to believe that any person has violated any provision of this Chapter or has negligently or intentionally failed or refused to comply with any final order of the Director, the Director may request a hearing before a hearing officer appointed by the State Board of Natural Resources. Upon a finding that said person has violated any provision of this Chapter or has negligently or intentionally failed or refused to comply with a final order of the Director, said hearing officer shall issue his initial decision imposing such civil penalties as are heren provided. Such hearing and any judicial review thereof shall be conducted in accordance with section 17(a) of the `Executive Reorganization Act of 1972' (Ga. L. 1972, p. 1015).

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Section 8. Said Code Chapter is further amended by adding, following Code section 88-2615, a new Code section to be designated Code section 88-2615A, to read as follows: 88-2615A. Judgment in accordance with Director's Order. The Director of the Division of Environmental Protection 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 Division unappealed from, or of a final order of the Division 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 thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said court. Code 88-2615A enacted. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. STATE BOARD OF PARDONS AND PAROLES ACT AMENDEDCERTAIN POWERS GRANTED, ETC. No. 696 (Senate Bill No. 325). An Act to amend an Act creating the State Board of Pardons and Paroles; providing for the appointment, terms of office, compensation, powers and duties of the State Board of Pardons and Paroles; providing that the power to grant reprieves, pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction,

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except in cases of treason and impeachment, and except in cases in which the Governor refused to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles; providing that the Governor shall have power to suspend death sentences and sentences in treason cases; and for other purposes, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, so as to provide which prisoners shall be considered for relief by the State Board of Pardons and Paroles; 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; providing for the appointment, terms of office, compensation, powers and duties of the State Board of Pardons and Paroles; providing that the power to grant reprieves, pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the Governor refuses to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles; providing that the Governor shall have power to suspend death sentences and sentences in treason cases; and for other purposes, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, is hereby amended by striking section 11 of said Act in its entirety and by inserting in lieu thereof a new section 11 to read as follows: Section 11. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the death sentence has been imposed and the Governor refuses to suspend the execution of such death sentence to enable the Board to consider and pass upon the same. In all cases when the Governor has suspended the execution of a death sentence to enable the Board to consider and pass on same it shall be mandatory that said Board act within a period not exceeding

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90 days from the date of the suspension order of the Governor. In all cases of clemency, pardons and paroles, a majority vote of the members is sufficient for approval, except in cases involving capital punishment, and in such cases a unanimous vote of all members of the Board is necessary. Provided, however, if any member for any cause is unable to serve in any case involving capital punishment the Governor shall act as the third member of said Board and the action so taken in such instances shall be by unanimous vote. In the cases which the Board has power to consider, such Board shall be charged with the duty of determining what prisoners serving sentences imposed by a court of this State may be released on pardon or parole, and affixing the time and conditions thereof. The Board shall also be charged with the duty of supervising all persons placed on parole; of determining violations thereof and of taking action with reference thereto; of making such investigations as may be necessary and of aiding parolees or probationers in security employment. It shall be the duty of the Board personally to study the cases of those prisoners whom the Board has power to consider, so as to determine their ultimate fitness for such relief as the Board has power to grant. Provided, however, that the Board by an affirmative vote of two of its members shall have the power to commute a sentence of death to one of life imprisonment. Powers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. STATE EMPLOYEESGROUP LIABILITY INSURANCE PROVIDED FOR CERTAIN DEPARTMENT OF OFFENDER REHABILITATION EMPLOYEES. No. 697 (Senate Bill No. 142). An Act to amend an Act providing for liability insurance for State employees operating State-owned motor vehicles, approved March 23, 1972 (Ga. L. 1972, p. 347), so as to

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provide for protection to those persons authorized by the Department of Offender Rehabilitation to operate State-owned vehicles from liability for damages arising out of the authorized operation of such vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for liability insurance for State employees operating State-owned motor vehicles, approved March 23, 1972 (Ga. L. 1972, p. 347), is hereby amended by adding between sections 1 and 2 a new section 1A to read as follows: Section 1A. The policy of insurance provided for above may also provide to persons, authorized by the Department of Offender Rehabilitation to operate State-owned vehicles, protection from liability for damages arising out of the operation of such vehicles during the course of such persons' authorized use of such vehicles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. BOARD OF CORRECTIONSPRISONERSTRANSFERS TO FEDERAL AUTHORITIES AUTHORIZED. No. 698 (Senate Bill No. 143). 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 work camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 28, 1972 (Ga. L. 1972, p. 582), so as to provide that, in order for a prisoner to be transferred to the Attorney General of the United States for confinement, the prisoner need not be serving a concurrent Federal

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sentence; 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 work camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved March 28, 1972 (Ga. L. 1972, p. 582), is hereby amended by deleting from paragraph 1. of subsection (b) of section 13 the following: who may be serving his sentence concurrently with a Federal sentence, so that when so amended, said paragraph 1 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, with the approval of the Board of Corrections, may transfer to the Attorney General of the United States for confinement, any prisoner 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,

Page 1299

housing, treatment, training and rehabilitation of such prisoners. Transfer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. BOARD OF CORRECTIONSPRISONERSREGULATIONS FOR WORK AT PAID EMPLOYMENT MUST BE FOLLOWED. No. 699 (Senate Bill No. 144). 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 work camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), so as to provide that a prisoner authorized to work at paid employment must comply with rules and regulations promulgated by the Board of Corrections relative to the handling, disbursement and holding in trust of funds earned by such prisoner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act compehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public work camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 12, 1968 (Ga. L. 1968, p. 1399), is hereby amended by striking from section 13 (b) 2. (a) (iii) the following sentence: A prisoner authorized to work at paid employment in the community under the provisions of this subsection shall

Page 1300

surrender to the Director of Corrections his earnings less standard payroll deductions required by law., and substituting in lieu thereof the following: A prisoner authorized to work at paid employment in the community under the provisions of this subsection shall comply with all rules and regulations promulgated by the Board of Corrections relative to the handling, disbursement and holding in trust of all funds earned by said prisoner while under the jurisdiction of the Department of Offender Rehabilitation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. GEORGIA PRISON INDUSTRIES ACT AMENDEDCONTRACTS FOR CERTAIN SERVICES AUTHORIZED. No. 700 (Senate Bill No. 146). An Act to amend the Georgia Prison Industries Act, approved March 17, 1960 (Ga. L. 1960, p. 880), as amended, so as to authorize the Georgia Prison Industries Administration to contract with any department, agency or instrumentality of the State and any political subdivision thereof for the furnishing of any service which the State Board of Corrections may provide; 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 adding at the end of section 4 a new subsection (k) to read as follows:

Page 1301

(k) To contract with any department, agency or instrumentality of the State and any political subdivision thereof for the furnishing of any service which the State Board of Corrections may provide. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. GEORGIA CRIME INFORMATION CENTER ACT. No. 701 (House Bill No. 579). An Act to provide for the establishment of the Georgia Crime Information Center; to provide for definitions; to provide for a Statewide crime information system; to provide for the reporting of all arrests and further disposition of persons charged with felonies and certain misdemeanors and violations; to provide for the powers and duties of the Georgia Crime Information Center; to provide for the submission of uniform crime information; to provide for the duties of criminal justice agencies; to create an Advisory Council for the Georgia Crime Information Center; to provide for the membership of the Advisory Council; to provide for the inspection of criminal records; to provide for the correction of inaccurate records; to provide for the inapplicability of the Georgia Administrative Procedure Act; to provide penalties for falsifying criminal records; to provide for the removal from office of any officer or official who shall neglect or refuse to make any report or do any act required by any provision of this Act; to exempt records of juvenile offenders; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Whereas, proper law enforcement, improved public safety and effective administration of justice requires complete and timely information on crime, criminals and the Criminal Justice System; and

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Whereas, advances in computer and related communications technology now make it both practical and feasible to obtain, store and disseminate such data more efficiently and effectively than heretofore possible; and Whereas, the rapid availability of information to enforcement officers in the field is mandatory for improvement of their safety and the citizen's as well; and Whereas, installation of such a system will help to apprehend criminals, improve the efficiency of criminal justice agencies, and ultimately help reduce crime; and Whereas, State resources and Federal funds are now at work in the development of a computer-based crime information system for Georgia; and Whereas, statistics which can be derived as a by-product from the information handled by such a system are needed to aid in determining the cause and amount of crime in this State, to form a basis for the study of crime, police methods, court procedures, and penal problems and to intelligently plan and evaluate effective programs for combating crime; and Whereas, the successful implementation and operation of such a system as a service to the entire criminal justice administration community requires a highly competent and responsive organization and staff capable of meeting the many problems inherent with a new agency; and Whereas, an Advisory Council representative of participating criminal justice agencies is needed to administer and control the use and operation of the system; and Whereas, it is the intent of the General Assembly to safeguard all persons from the misuse of criminal records by any person or agency and to provide adequate safeguards and limitations on the use of all criminal history records. Now, therefore, be it enacted by the General Assembly of Georgia:

Page 1303

Section 1. Definitions. For the purposes of this Act, the following definitions shall have the meanings respectively ascribed to them in this Section: (a) Criminal justice agencies means and shall be understood to include those public agencies at all levels of government which perform as their principal function activities relating to the apprehension, prosecution, adjudication, or rehabilitation of criminal offenders. (b) Offense means an act which is a felony, a misdemeanor, or a violation of a city, county, or town ordinance. (c) Criminal Justice Information System means and shall be construed as to include all those agencies, procedures, mechanisms, media, and forms as well as the information itself which are or become involved in the origination, transmittal, storage, retrieval, and dissemination of information related to reported offenses, offenders, and the subsequent actions related to such events or persons. Section 2. (a) There is hereby established for the State of Georgia, within the Department of Public Safety, a systeem for the intrastate communication of vital information relating to crimes, criminals, and criminal activity to be known as the Georgia Crime Information Center, hereinafter referred to as the GCIC. Central responsibility for the development, maintenance, and operation of the GCIC shall be vested with the Director of the GCIC with the assistance and guidance of the GCIC Advisory Council establishment of which is hereinafter provided. Establishment. (b) The Director of GCIC shall maintain the necessary staff along with support services to be procured within the Georgia State Government (computer services from Department of Administrative Services, physical space and logistic support from the Department of Public Safety, and other services or sources as necessary) to enable the effective and efficient performance of the duties and responsibilities ascribed to GCIC herein.

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(c) All personnel of GCIC shall be administered according to appropriate special and standard schedules by the State Merit System of Personnel Administration with due recognition to be given by the latter to the special qualifications and availability of the types of individuals required in such an agency. Section 3. The Georgia Crime Information Center shall: (a) Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who: Duties. (1) have been or are hereafter arrested or taken into custody in this State: (i) for an offense which is a felony; (ii) for an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks; (iii) for an offense charged as disorderly conduct but which relates to an act connected with one or more of the offenses under subparagraph (ii); (iv) as a fugitive from justice; (v) for any other offense designated by the Attorney General; or (2) are or become well-known or habitual offenders, or (3) are currently or become confined to any prison, penitentiary or other penal institution, or (4) are unidentified human corpses found in this State.

Page 1305

(b) Compare all fingerprint and other identifying data received with those already on file and whether or not a criminal record is found for that person, at once inform the requesting agency or arresting officer of such facts. If a criminal history is thus disseminated it shall be limited to those offenses in which a conviction was obtained or to data relating to the current cycle of criminal justice administration if the subject has not yet completed that cycle. A log shall be maintained of all disseminations made of each individual criminal history including at least the date and recipient of such information. (c) Provide a uniform crime reporting system for the periodic collection, analysis, and reporting or crimes reported to and otherwise processed by any and all law enforcement agencies within the State as defined and provided for elsewhere in this Act. (d) Develop, operate and maintain an information system which will support the collection, storage, retrieval, and dissemination of all crime and offender data described in this Act consistent with those principles of scope, security and responsiveness prescribed by this Act. (e) Cooperate with all criminal justice agencies within the State in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide GCIC. (f) Offer assistance and, when practicable, instruction to all local law enforcement agencies in establishing efficient local records systems. (g) Compile statistics on the nature and extent of crime in Georgia and compile other data related to planning for and operating criminal justice agencies, provided that such statistics do not identify persons. GCIC will make available all such statistical information obtained to the Governor, the General Assembly, and any other governmental agencies whose primary responsibilities include the planning, development, or execution of crime reduction programs. Access to such information by the latter governmental agencies

Page 1306

will be on an individual written request basis wherein must be demonstrated a need to know, the intent of any analyses, dissemination of such analyses, and any security provisions deemed necessary by GCIC. (h) Periodically publish statistics no less frequently than annually that do not identify persons, agencies, corporations or other legal entities and report such information to the Governor, the General Assembly, the State Crime Commission, State and local criminal justice agencies and the general public. Such information shall accurately reflect the level and nature of crime in this State and the operations in general of the different types of agencies within the criminal justice system. (i) Make available upon request, to all local and State law enforcement agencies and courts of proper jurisdiction in this State, to all Federal law enforcement and criminal identification agencies, and to State law enforcement and criminal identification agencies in other states any information in the files of the GCIC which will aid these agencies in the performance of their official duties. For this purpose the GCIC shall operate on a 24-hour a day basis, seven days a week. Such information may also be made available to any other agency of this State or political subdivision of this State, and to any other Federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders. (j) Cooperate with other agencies of this State, the crime information agencies of other states, and the Uniform Crime Reports and National Crime Information Center systems of the F.B.I. in developing and conducting an interstate, national and international system of criminal identification, records and statistics. (k) Provide the administrative mechanisms and procedures necessary to respond to those individuals who file requests to view their own records as provided for elsewhere in this Act and to cooperate in the correction of the central GCIC records and those of contributing agencies when their

Page 1307

accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of the individual. (l) Institute the necessary measures in the design, implementation, and continued operation of the criminal justice information system to ensure the privacy and security of the system. This will include establishing complete control over use and access of the system and restricting its integral resources and facilities to those either possessed or procured and controlled by Criminal Justice Agencies as defined in this Act. Such security measures must meet standards to be set by the GCIC and its Advisory Council as well as those set by the nationally operated systems for interstate sharing of information. Section 4. Duties of Criminal Justice Agencies. (a) All criminal justice agencies within the State shall submit to GCIC fingerprints, descriptions, photographs (when specifically requested), and other identifying data on persons who have been lawfully arrested or taken into custody in this State for all felonies and certain misdemeanors and as otherwise described in subsection 3(a). It shall be the duty of all chiefs of police, sheriffs, prosecuting attorneys, courts, judges, parole and probation officers, wardens, or other persons in charge of correctional institutions in this State to furnish the GCIC with any other data deemed necessary by GCIC to carry out its responsibilities under this Act. Specifically, the responsibilities of Criminal Justice Agencies in this area will require that: (1) All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, the fingerprints according to the fingerprint system of identification established by the Director of the F.B.I., full face and profile photographs (if photo equipment is available), and other available identifying data, of each person arrested or taken into custody for an offense of a type designated in subsection 3(a), of all persons arrested or taken into custody as fugitives from justice, and of all unidentified human corpses in their jurisdictions, but photographs need not be taken if it is known that photographs of the type listed taken within the

Page 1308

previous year, are on file. Fingerprints and other identifying data of persons arrested or taken into custody for offenses other than those designated may be taken at the discretion of the law enforcement agency concerned. Any person arrested or taken into custody and subsequently released without charge, or cleared of the offense through court proceedings, shall have any fingerprint record taken in connection therewith returned if required by statute or upon court order. Any such dispositions must also be reported to the GCIC. (2) Fingerprints and other identifying data required to be taken under paragraph 4(a) (1) shall be forwarded within 24 hours after taking for filing and classification, but the period of 24 hours may be extended to cover any intervening holiday or weekend. Photographs taken shall be forwarded at the discretion of the agency concerned, but, if not forwarded, the fingerprint record shall be marked Photo available and the photographs shall be forwarded subsequently if GCIC so requests. (3) All persons in charge of law enforcement agencies shall submit to the GCIC detailed descriptions of arrest warrants and related identifying data immediately upon determination of the fact that the warrant cannot be served for the reasons stated. If the warrant is subsequently served or withdrawn the law enforcement agency concerned must immediately notify GCIC of such service or withdrawal. Also, the agency concerned must annually, no later than January 31 of each year, and at other times if requested by GCIC, confirm to GCIC all arrest warrants of this type which continue to be outstanding. (4) All persons in charge of State penal correctional institutions shall obtain fingerprints, according to the fingerprint system of identification established by the Director of the F.B.I. or as otherwise directed by GCIC, and full face and profile photographs of all persons received on commitment to these institutions. The print(s) so taken shall be forwarded to GCIC, together with any other identifying data requested, within 10 days after the arrival at the institution of the person committed. At the time of release, the

Page 1309

institution will again obtain fingerprints as before and forward them to GCIC within 10 days along with any other related information requested by GCIC. Immediately upon release, the institution shall notify GCIC of the release of such person. (5) All persons in charge of law enforcement agencies, all clerks of court, all municipal justices where they have no clerks, all persons in charge of State and county probation and parole offices, shall supply GCIC with the information described in Section 3 on the basis of the forms and instructions to be supplied by GCIC. (6) All persons in charge of law enforcement agencies in this State shall furnish GCIC with any other identifying data required in accordance with guidelines established by GCIC. All law enforcement agencies and penal and correctional institutions in this State having criminal identification files shall cooperate in providing to GCIC copies of such items in these files as will aid in establishing the nucleus of the State criminal identification file. (b) All criminal justice agencies within the State shall submit to GCIC periodically at a time and in such form as prescribed by GCIC information regarding only the cases within its jurisdiction and in which it is or has been actively engaged. Said report shall be known as the Uniform Crime Report and shall include crimes reported and otherwise processed during the period preceding the period of report. Said report shall contain the number and nature of offenses committed, the disposition of such offenses and such other information as GCIC shall specify, relating to the method, frequency, cause and prevention of crime. Any governmental agency which is not included within the description of those departments and agencies required to submit the uniform crime report, which desires to submit such a report, shall be furnished with the proper forms by the GCIC. When a report is received by GCIC from a governmental agency not required to make such a report, the information contained therein shall be included within the periodic compilation provided for in subsection 3(h).

Page 1310

(c) All law enforcement agencies within the State shall report to GCIC in a manner prescribed by GCIC, all persons wanted by, and all vehicles and identifiable property stolen from their jurisdictions. The report shall be made as soon as is practical after the investigating department or agency either ascertains that a vehicle or identifiable property has been stolen or obtains a warrant for an individual's arrest or determines that there are reasonable grounds to believe that the individual has committed the crime. In no event shall this time exceed 12 hours after the reporting department or agency determines that it has grounds to believe that a vehicle or property was stolen or that the wanted person should be arrested. (d) All law enforcement agencies with the State shall, if at any time after making a report as required by subsection (c) of this Section it is determined by the reporting department or agency that a person is no longer wanted due to his apprehension or any other factor or when a vehicle or property stolen is recovered, immediately notify the GCIC of such status. Furthermore, if the agency making such apprehension or recovery is other than the one which made the original wanted or stolen report, then it shall immediately notify the originating agency of the full particulars relating to such apprehension or recovery. Section 5. There is hereby created an Advisory Council for the Georgia Crime Information Center. The duties and responsibilities of this Council are to: Advisory Council. (a) Advise and assist in the establishment of policies under which the GCIC is to be operated. (b) Ensure that the information obtained by this Act shall be restricted to the items specified in this Act and ensure that the GCIC is administered so as not to accumulate any information or distribute any information that is not specifically approved in this Act. (c) Ensure that adequate security safeguard are incorporated so that the data available through this system is used only by properly authorized persons and agencies.

Page 1311

(d) Establish appropriate disciplinary measures to be taken by GCIC in the instance of violations of data reporting or dissemination of laws, rules, and regulations by Criminal Justice Agencies or members thereof covered by this Act. (e) Establish other policies which provide for the efficient and effective use and operation of the GCIC under the limitations imposed by the terms of this Act: The Advisory Council shall consist of a maximum of fourteen (14) members. Ex officio members: (a) The Attorney General or his designee. (b) The Commissioner of the Department of Offender Rehabilitation or his designee. (c) The Commissioner of the Department of Public Safety or his designee. (d) The Director of the State Division of Investigation of the Department of Public Safety or his designee. Members to be appointed by the Governor, one from each association or group: (a) A member of the Georgia Council of Superior Circuit Court Judges. (b) A member of the District Attorney's Association of Georgia. (c) A member of the Georgia Sheriff's Association. (d) A member of the Georgia Association of Municipal Judges. (e) A member of the State Bar of Georgia who is regularly engaged in criminal defense work.

Page 1312

(f) A member of the Association of County Commissioners. (g) A member of the Georgia Association of Chiefs of Police. (h) A member of the Georgia Municipal Association. (i) A citizen of the State of Georgia. (j) The Executive Director of the State Crime Commission. No member shall continue to serve on the Advisory Council when he no longer officially represents the function for which he was appointed, except the citizen appointed by the Governor, who shall serve for a period of four (4) years. Members of the Council shall serve without compensation, but within the limits of funds available, shall be entitled to reasonable reimbursement for all necessary expenses incurred in the discharge of their duties. The Council shall meet at such times and places as it shall deem appropriate. A majority of the Council shall constitute a quorum for transacting any business of the Council. The Council shall establish its own rules and regulations for performance of the responsibilities charged to it herein. Section 6. Nothing in this Act shall be construed so as to give authority to any person, agency or corporation or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this Act. Intent. The Center shall make a person's criminal records available for inspection to him or his attorney upon written application to the GCIC. Should such person or his attorney contest the accuracy of any portion of such records, it shall be mandatory upon the GCIC to make available to said person or his attorney a copy of the contested record upon

Page 1313

written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, identification and other related aspects pertinent to such access may be prescribed by GCIC in making such access available. If an individual believes such information to be inaccurate or incomplete he may request the original agency having custody or control of the detail records to purge, modify or supplement them and to so notify the GCIC of such changes. Should the agency decline to so act, or should the individual believe the agency's decision to be otherwise unsatisfactory, the individual or his attorney may within 30 days of such decision enter an appeal to the superior court of the county of his residence or to the court in the county where such agency exists, with notice to the agency, pursuant to acquiring an order by such court that the subject information be expunged, modified, or supplemented by the agency of record. The court in each such case shall conduct a de novo hearing, and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the court of ordinary, except that the appellant shall not be required to post bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered mail shall be sufficient service on the agency of disputed record that such appeal has been entered. Should the record in question be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately expunged, modified or supplemented by an explanatory notation. Each agency or individual in the State with custody, possession or control of any such record shall promptly cause each and every copy thereof in his custody, possession or control to be altered in accordance with the court's order. Notification of each such deletion, amendment and supplementary notation shall be promptly disseminated to any individuals or agencies to which the records in question have been communicated including GCIC, as well as to the individual whose records have been ordered so altered.

Page 1314

Agencies, including GCIC, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection, and may impose such additional procedures, fees (not to exceed three dollars), or restrictions, including fingerprinting, as are reasonably necessary both to assure the records' security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mecehanism for such accesses. Nowhere in the procedures provided for in this section shall the provisions of the Georgia Administrative Procedure Act apply. Section 7. Any person who willfully requests, obtains or seeks to obtain criminal offender record information under false pretenses, or who willfully communicates or seeks to communicate criminal offender record information to any agency or person except in accordance with this Act, or any member, officer, employee or agent of GCIC, the GCIC Advisory Council or any participating agency who willfully falsifies criminal offender record information, or any records relating thereto, shall for each such offense be fined not more than five thousand dollars, or imprisoned in the State penitentiary not more than two years, or both. Any person who knowingly, but without criminal purpose, communicates or seeks to communicate criminal offender record information except in accordance with this Act shall for each such offense be fined not more than one hundred dollars, or imprisoned not more than ten days, or both. Penalties. Section 8. Any officer or official mentioned in this Act who shall neglect or refuse to make any report or to do any act required by any provision of this Act shall be deemed guilty of nonfeasance in office and subject to removal therefrom. Penalties, officials. Section 9. (a) In the event of conflict, this Act shall to the extent of the conflict supersede all existing statutes which regulate, control or otherwise relate, directly or by implication, to the collection, storage, and dissemination or usage of fingerprint identification, offender criminal history, uniform crime reporting, and criminal justice activity data

Page 1315

records or any existing statutes which relate directly or by implication to any other provisions of this Act. (b) Notwithstanding the provisions of subsection (a) of this section, this Act shall not be understood to alter, amend, or supersede the statutes and rules of law governing the collection, storage, dissemination or usage of records concerning individual juvenile offenders in which they are individually identified by name or other means. Section 10. Specific repealer. The following laws and parts of laws are hereby repealed: (a) The third full paragraph of Section 1 of Article III of an Act approved March 19, 1937 (Ga. L. 1937, pp. 322, 340), which relates to the receipt and transmission of crime news. (b) Section 1 of an Act approved March 24, 1966 (Ga. L. 1966, p. 733), which relates to the reports of local law enforcement agencies to the Division of Investigation. Section 11. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. HABEAS CORPUSGROUNDS FOR RELIEF MUST BE RAISED IN ORIGINAL PETITION. Code Title 50 Amended. No. 702 (House Bill No. 671). An Act to amend Code Title 50, relating to habeas corpus, so as to provide that all reasonable grounds for relief shall be raised in the original or amended petition for writ of habeas corpus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1316

Section 1. Code Title 50, relating to habeas corpus, is hereby amended by striking in its entirety subsection (10) of section 50-127 and inserting in lieu thereof a new subsection (10) of section 50-127 to read as follows: (10) Subsequent PetitionsWaiver of Grounds Not Claimed. All grounds for relief claimed by a petitioner for a writ of habeas corpus shall be raised by a petitioner in his original or amended petition. Any grounds not so raised are waived unless the Constitution of the United States or of the State of Georgia otherwise requires, or any judge to whom the petition is assigned, on considering a subsequent petition, finds grounds for relief asserted therein which could not reasonably have been raised in the original or amended petition. Code 50-127 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. GENERAL APPROPRIATIONS ACT AMENDED. No. 703 (House Bill No. 140). An Act to amend an Act providing appropriations for the fiscal years 1972-73, known as the General Appropriations Act, approved March 23, 1972 (Ga. L. 1972, p. 298), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1973; to make language and other changes; 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 1972-73, known as the General Appropriations Act, approved March 23, 1972 (Ga. L. 1972, p. 298), is hereby amended by striking certain appropriations and provisions

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relative to the fiscal year 1972-73 and inserting in lieu thereof new appropriations and provisions, and by changing the revenue estimate so that it now shall be $1,346,000,000. Section 1. Said Act is amended by striking Section 4, relating to the Court of Appeals, in its entirety and inserting in lieu thereof the following: 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 per annum for each additional Emeritus position established during the fiscal year. Operations F.Y. 1973 $ 782,703. Section 2. Said Act is further amended by striking Section 5, relating to the Superior Courts, in its entirety and inserting in lieu thereof the following: 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. Provided, however, that the listed appropriation shall be increased by the amount of $13,334 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 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 per annum for each judgeship created by law during the 1972 session of the General Assembly. Operations F. Y. 1973 $ 4,985,000 Changed Object: Personal Services $4,680,000.

Page 1318

Section 3. Said Act is further amended by adding a new Section to be known as Section 6A., to read as follows: Section 6A. Judicial Qualifications Commission. Operations F. Y. 1973 $ 1,500.00. Section 4. Said Act is further amended by striking Section 7, relating to the State

Page 1319

Board of Education and Department of Education, in its entirety, and inserting in lieu thereof the following: Section 7. State Board of Education: Department of Education. A. Operations F. Y. 1973 $ 455,290,368 Changed Objects: Personal Services $ 14,906,355 Operating Expenses $ 7,372,883 GrantsNon-MFPE: Adult Education $ 2,161,000 Teacher Scholarships $ 560,000 Preparation of Professional Personnel in Education of Handicapped Children $ 120,894 Vocational EducationHigh School Program $ 10,831,241 Adult and Post Secondary $ 39,000 Area Vocational Technical Schools $ 19,795,700 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 $ 47,670,564 Grants for Institution and Services for the Handicapped $ 888,859 Educational Training Services for Mentally Retarded $ 150,000 Teacher Retirement $ 24,982,847 Supplementary Educational Centers and Services $ 4,050,855 Psychological Services $ 48,000 Superintendents' Salaries $ 2,705,469 Driver Education $ 300,950 Tuition for Multiple Handicapped $ 220,090 In-Service Grants $ 630,466 Supervising Teachers $ 154,000 Salaries and Travel of Public Librarians $ 1,938,648 Educational Television $ 56,000 Guidance, Counseling and Testing $ 200,000 Severely Emotionally Disturbed Children $ 2,415,830 Public Library Services and Materials $ 1,979,725 Cooperative Educational Services Across County Lines $ 1,285,000 School Lunch Grants $ 36,350,000 Public Library Construction $ 1,184,000 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 $ 3,220,000 Purchase of Early Childhood Development Services $ 6,040,000 GrantsMFPE: Teacher SalariesSection 11 $ 244,209,775 Salaries of Other Certificated Professional PersonnelSection 12 $ 42,700,968 Special Education Teacher SalariesSection 20 $ 19,704,884 Maintenance, Operation and Sick Leave $ 43,315,259 Travel $ 1,306,476 Pupil Transportation $ 18,430,470 Textbook Allotments $ 5,878,811 School Library Books and Non-Consumable Materials $ 1,600,301 Isolated Schools $ 61,844 Mid-Term Adjustments $ 0 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 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 Department of Human Resources. 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 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 recipients of State funds from the above appropriation for the purchase of equipment for Area Vocational-Technical Schools shall purchase or contract for the purchase of such equipment prior to July 1, 1973. 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 the amount 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 the Severely Emotionally Distributed Children Program. 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 per annum in the compensation of school bus drivers beginning the first day of the fiscal year 1973. Provided, that the portion of the teachers' salaries withheld subsequent to November 15, 1972, as a result of action by the Federal Pay Board shall be paid in one lump sum to the local school systems no later than February 28, 1973. B. Construction: Capital Outlay F. Y. 1973 $ 154,300 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 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. Changed Object: Capital Outlay $252,629.

Page 1325

Section 5. Said Act is further amended by striking from Section 8, relating to the University System of Georgia, the following: F. Y. 1973 $177,819,500, and inserting in lieu thereof the following: F. Y. 1973 $ 179,188,517, and by striking the following: Operating Expenses $ 52,229,250, and inserting in lieu thereof the following: Operating Expenses $ 74,891,752, and by striking the following: Grants to Junior Colleges $ 2,280,000, and inserting in lieu thereof the following: Grants to Junior Colleges $ 2,850,000, and by striking the following: F. Y. 1973 $ 2,250,000, and inserting in lieu thereof the following: F. Y. 1973 $ 4,967,000, and by striking the following: Capital Outlay $ 3,750,000, and inserting in lieu thereof the following: Capital Outlay $ 6,585,000, and by adding the following language:

Page 1326

Provided, that of the above appropriation for Capital Outlay, $1,500,000 is designated and committed for the acquisition of the Old University Hospital in Augusta, Georgia, $500,000 is designated and committed for the purchase and installation of new radiological equipment at Eugene Talmadge Memorial Hospital, and $600,000 is designated and committed for the acquisition of urban renewal land in the Augusta area. Section 6. Said Act is further amended by adding at the end of Section 10, relating to Teachers Retirement System, the following language: The Teachers Retirement System shall be authorized to raise its budget by up to $14,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report. Section 7. Said Act is further amended by striking Section 12, relating to the Department of Human Resources, in its entirety and inserting in lieu thereof the following: Section 12. Department of Human Resources. A. Operations F. Y. 1973 $ 256,160,026 Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed to begin a Statewide Hemophilia Treatment Program. Provided, that of the above appropriation relative to Operations, $700,000 is designated and committed for Grants for County-owned Detention Centers. Provided, that of the above appropriation, $22,000 is designated and committed for the purpose of hiring eighteen additional employees at Central State Hospital for the operation of the laundry facility. Provided, further, that the use of existing personal services surplus at Central State Hospital is hereby authorized for the purpose of hiring thirty-two additional employees for the operation of the laundry facility. Provided, that of the above appropriation, $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 of the above appropriation, $100,000 is designated and committed for the direct support of the stroke-screening program of the Community Cardio-vascular Council in Savannah. 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 $ 5,545,000 Capital Outlay F. Y. 1973 $ 2,784,100 Provided, that of the above appropriation, relative to Capital Outlay, $50,000 is designated and committed for planning costs associated with the renovation of the Freeman Building at Central State Hospital. Changed Objects: Grants to Other Individuals for Support $ 158,964,748 Personal Services $ 119,767,807 Operating Expenses $ 49,804,596 Authority Lease Rentals $ 5,545,000 Capital Outlay $ 3,675,985 Grants to Counties $ 37,930,000 Grants for Kidney Program $ 0 Grants for Health Services $ 17,772,176 Grants for Mental Retardation to supplant Federal funds $ 3,500,000 Benefits: Medical Assistance $ 175,228,398

Page 1329

Provided, that of the above appropriation, relative to Capital Outlay, $18,600 is designated and committed for renovation of the chapel at Northwest Georgia Regional Hospital at Rome. Provided, that of the above appropriation, relative to Capital Outlay, $1,500,000 is designated and committed for the construction of a new steam plant at Central State Hospital. Provided, that of the above appropriation, relative to Capital Outlay, $780,000 is designated and committed for use at Gracewood State School and Hospital for construction of a chapel, roof renovations and boiler and air-conditioning improvements. Section 8. Said Act is further amended by striking Section 13, relating to the Department of Offender Rehabilitation, in its entirety and inserting in lieu thereof the following: Section 13. Department of Offender Rehabilitation. A. Operations F. Y. 1973 $ 22,692,916 B. Construction: Capital Outlay F. Y. 1973 $ 10,180,500 Authority Lease Rentals F. Y. 1973 $ 840,000 Provided, that of the above appropriation, relating to Capital Outlay, $30,000 is designated and committed to construct and equip a building for a sign plant at Mt. Vernon Prison, $15,000 is designated and committed for a barn and fencing at the Georgia Diagnostic and Classification Center, and the following amounts are designated and committed for buildings at the following locations: Chatham Branch $ 35,000 Georgia Diagnostic and Classification Center $ 27,000 Walker Branch $ 35,000 Lee County Branch $ 27,000 Provided, that of the above appropriation, relative to Capital Outlay, the following amounts are designated and committed for the purposes shown thereby: Renovation of plumbing facilities at Georgia State Prison at Reidsville $130,000 Modifications and improvements to water supply system at Georgia Industrial Institute at Alto $ 75,000 Construction of employee housing facilities at Georgia Industrial Institute at Alto $150,000 Provided, that of the above appropriation, relative to Capital Outlay, $7,500 is designated and committed for the purchase and installation of electronic surveillance equipment at the Georgia Diagnostic and Classification Center in Butts County, and $4,700,000 is designated and committed for the purpose of constructing and equipping the West Georgia Community Correctional Center. Changed Objects: Personal Services $17,975,908 Operating Expenses $ 9,369,080 Capital Outlay $10,300,500 Authority Lease Rentals $840,000.

Page 1331

Section 9. Said Act is further amended by striking Section 15, relating to the Department of Transportation, in its entirety and inserting in lieu thereof the following: Section 15. Department of Transportation. A. Appropriation of all funds in subsection A., B., C., and H. 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 Fiscal Division of the Department of Administrative Services 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 Fiscal Division of the Department of Administrative Services 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 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 fund 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 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 Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation. Operations (including Capital Outlay) F. Y. 1973 $ 174,492,153.50 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 Fiscal Division of the Department of Administrative Services 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 Fiscal Division of the Department of Administrative Services 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 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 Office of Planning and Budget 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 Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget 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, 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 Provided, that of the above appropriation, relating to Airport DevelopmentState Share of Airport Development, the following amounts are designated and committed for the following airport construction projects: Fitzgerald Municipal Airport $ 61,000 Perry-Fort Valley Airport $ 70,000 HinesvilleLiberty County Airport $ 21,000 Thomson-McDuffie County Airport $ 95,000 Albany Municipal Airport $ 118,000 Greene County Airport $ 91,000 Washington County Airport $ 9,700 F. AviationFor Airport Planning and the Promotion of Aviation Safety. Operations F. Y. 1973 $ 83,525 G. Air Transportation Services. Operations F. Y. 1973 $ 897,475 Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 25% on an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. H. Design Study Proposal for the proposed outer loop. F. Y. 1973 $ 100,000 The Department of Transportation is authorized to contract with outside consultants or prepare the Design Study Proposal within the Department. The Design Study Proposal shall be completed no later than December 31, 1973. I. Mass Transit. F. Y. 1973 $ 42,000 Provided, that of the above appropriation, the following amounts are designated and committed for assistance in securing Urban Mass Transit grants for the municipalities named below: Albany, Macon and Valdosta $ 4,000 Savannah $ 38,000 Provided, further, that these funds shall be available for expenditure only if matched with Federal and local funds in the following proportions: State 16[frac23]% Local 16[frac23]% Federal 67[frac23]% J. Aviation Planning. For participation in securing Airport Master Planning grants and Airport System Plans. F. Y. 1973 $ 58,000 K. Railroad Bridge Removal. F. Y. 1973 $ 700,000 Provided, that of the above appropriation, $700,000 is designated and committed for railroad bridge removal in Savannah Harbor. L. Harbor Maintenance Payments. F. Y. 1973 $ 250,000 Provided, that the entire amount of the above appropriation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah. Changed Objects: Operating Expense $ 41,971,311 Personal Services $ 76,784,800.

Page 1338

Section 10. Said Act is further amended by striking subsection B. of Section 16, relating to the Department of Veterans Services, in its entirety and inserting in lieu thereof a new subsection B. of Section 16 to read as follows: B. Construction: Capital Outlay F. Y. 1973 $ 255,000 Changed Object: Capital Outlay $ 420,103 Provided, that of the above appropriation, relating to Capital Outlay, $10,000 is designated and committed for construction and maintenance of a monument at Valley Forge, Pennsylvania to honor Medal of Honor recipients from Georgia. Provided, that of the above appropriation, relating to Capital Outlay, $125,000 is designated and committed to enclose the south veranda of the Georgia War Veterans Nursing Home and to provide food service equipment and utilities to gain an additional 1,343 square feet of space for dining and kitchen areas. Section 11. Said Act is further amended by striking Section 17, relating to the Department

Page 1339

of Labor, in its entirety and inserting in lieu thereof the following: Section 17. Department of Labor. Operations F. Y. 1973 $ 1,040,577 Provided, that of the above amount $50,000 is designated and committed for payment to the Department of Administrative Services for the provision of an accounting system which will satisfy both State and Federal requirements. Unemployment Compensation Reserve Fund. F. Y. 1973 $ 1,830,000. Section 12. Said Act is further amended by striking Section 18, relating to the Department of Agriculture, in its entirety and substituting in lieu thereof a new Section 18 to read as follows: Section 18. Department of Agriculture. Operations F. Y. 1973 $ 10,018,826 Provided, that of the above appropriated amount, relative to operating expenses, $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 $ 603,440.97 Provided, that of the above appropriated amount, $15,440.97 is designated and committed for use at the State Farmers Market at Ellijay. Provided, that of the above appropriated amount, $75,000 is designated and committed for use at the State Farmers Market at Glennville. Provided, that of the above appropriated amount, $100,000 is designated and committed for use at the State Farmers Market at Donalsonville. Authority Lease Rentals F. Y. 1973 $ 975,000 Fire Ant Eradication F. Y. 1973 $ 1,500,000 Indemnities F. Y. 1973 $ 137,000 Changed Objects: Personal Services $ 7,783,826 Operating Expenses $ 3,546,364 Capital Outlay $ 665,190 Authority Lease Rentals $ 975,000 Fire Ant Eradication $ 1,665,000 Indemnities $ 137,000.

Page 1340

Section 13. Said Act is further amended by striking Section 19, relating to the Department of Industry and Trade, in its entirety and inserting in lieu thereof the following: Section 19. Department of Community Development. A. Operations F. Y. 1973 $ 4,816,163 Provided, that of the above appropriation, $10,000 is designated and committed for a contract with the Washington-Wilkes Bicentennial Commission. B. Construction: Capital Outlay F. Y. 1973 $ 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 Objects: Personal Services $ 1,844,061 Operating Expenses $ 1,512,025 APDC Grants $ 1,150,000.

Page 1341

Section 14. Said Act is further amended by striking Section 20, relating to the Department of Public Safety, in its entirety and inserting in lieu thereof the following: Section 20. Department of Public Safety. A. Operations F. Y. 1973 $ 19,918,254 Provided, that of the above appropriation $5,000 is designated and committed for contracting with other State agencies for the use of aircraft to patrol roads within the State. B. Construction: Capital Outlay F. Y. 1973 $ 165,500 Provided, that of the above appropriation, relating to Capital Outlay, the following amounts are designated and committed for the furnishing and equipping of the patrol stations listed thereby: Albany Post $ 25,000 Athens Post $ 25,000 Cartersville Post $ 25,000 LaGrange Post $ 25,000 Newnan Post $ 25,000 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). Changed Objects: Personal Services $ 14,595,228 Operating Expenses $ 7,644,227 Capital Outlay $ 505,471.

Page 1342

Section 15. Said Act is further amended by striking Section 21, relating to the Department of Defense, in its entirety and inserting in lieu thereof the following:

Page 1343

Section 21. Department of Defense. A. Operations F. Y. 1973 $ 1,251,000 Provided, that of the above appropriation, $40,000 is designated and committed to match Federal funds for the purchase and installation of Intrusion Detection Systems in Georgia National Guard Armories. B. Construction: Capital Outlay F. Y. 1973 $ 40,879 Changed Objects: Grants $ 370,000 Personal Services $ 962,800 Capital Outlay $ 40,879 Operating Expense $ 245,017. Section 16. Said Act is further amended by striking Section 22, relating to the Workmen's Compensation Board, in its entirety and inserting in lieu thereof the following: Section 22. Workmen's Compensation Board. Operations F. Y. 1973 $ 920,000 Changed Objects Personal Services $ 892,470 Operating Expenses $ 170,187. Section 17. Said Act is further amended by striking Section 23, relating to the Department

Page 1344

of Banking and Finance, in its entirety and inserting in lieu thereof the following: Section 23. Department of Banking and Finance. Operations F. Y. 1973 $ 943,000. Section 18. Said Act is further amended by striking Section 24, relating to the Georgia Public Service Commission, in its entirety and inserting in lieu thereof the following: Section 24. Georgia Public Service Commission. Operations F. Y. 1973 $ 1,064,294 Changed Objects: Personal Services $ 929,434 Operating Expenses $ 134,860. Section 19. Said Act is further amended by striking Section 25, relating to the Office of Comptroller General, in its entirety and inserting in lieu thereof the following: Section 25. Office of the Comptroller General. Operations F. Y. 1973 $ 2,126,000 Changed Objects: Personal Services $ 1,692,000 Operating Expenses $ 507,000

Page 1345

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 20. Said Act is further amended by striking Section 26, relating to the Department of Natural Resources, in its entirety and inserting in lieu thereof the following: Section 26. Department of Natural Resources. A. Operations F. Y. 1973 $ 12,801,309 B. Construction: Capital Outlay F. Y. 1973 $ 2,779,583 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 committed for use in construction of fishing piers at Lake Blackshear. Provided, also, however, that the Office of Planning and Budget shall reduce said funds to the extent that Federal funds become available. Provided, that of the above appropriated amount, relative to Capital Outlay, $10,000 is designated and committed for planning the Lake Nottely Dam project, and $83,333 is designated and committed for the purpose of paying no more than one-third of the cost of the Sope Creek project, provided such expenditure is deemed legal by the State Attorney General. Authority Lease Rentals F.Y. 1973 $ 2,546,000 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. Provided, that of the above appropriation, relating to Capital Outlay, $100,000 is designated and committed for planning and the erection of a memorial at Andersonville National Historic Site. Provided, that of the above appropriation, relative to Capital Outlay, $3,500 is designated and committed for equipment for pocket parks in Wayne County. Changed Objects: Personal Services $ 12,769,443 Capital Outlay $ 6,533,017 Operating Expenses $ 9,072,646.

Page 1346

Section 21. Said Act is further amended by striking Section 27, relating to the Forestry Commission, in its entirety and inserting in lieu thereof the following:

Page 1347

Section 27. Forestry Commission. Operations F. Y. 1973 $ 7,325,087 Changed Objects: Personal Services $ 7,688,386 Operating Expenses $ 2,413,719 Grants $ -0-. Section 22. Said Act is further amended by striking Section 28, relating to the Forest Research Council, in its entirety and inserting in lieu thereof the following: Section 28. Forest Research Council. Operations F. Y. 1973 $ 509,000. Section 23. Said Act is further amended by striking Section 31, relating to the Department of Administrative Services, in its entirety and inserting in lieu thereof the following: Section 31. Department of Administrative Services. A. Operations F. Y. 1973 $ 5,186,147 B. Construction: Capital Outlay F. Y. 1973 $ 5,503,500 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, and $80,000 is designated and committed for Special Repairs. Provided, however, that of the above appropriation, $5,000,000 is designated and committed for payment to the Georgia Building Authority for the purpose of acquiring real estate on the corner of Piedmont Avenue and Hunter Street, in Atlanta, Georgia. Authority Lease Rentals F. Y. 1973 $ 3,112,753 Changed Objects: Personal Services $ 8,101,442 Operating Expenses $ 10,812,919 Capital Outlay $ 5,503,500.

Page 1348

Section 24. Said Act is further amended by adding at the end of Section 32 the following language: The Merit System of Personnel Administration shall be authorized to increase its pro rata assessment to a rate sufficient to generate up to $124,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report. Section 25. Said Act is further amended by adding at the end of Section 33 the following language: The Employees Retirement System shall be authorized to increase its budget by up to $35,000 for the renovations contemplated in the F. Y. 1973 amended Budget Report.

Page 1349

Section 26. Said Act is further amended by striking Section 34, relating to the Department of Revenue, in its entirety and inserting in lieu thereof the following: Section 34. Department of Revenue. A. Operations F. Y. 1973 $ 15,415,622 B. Loans to CountiesTax Reevaluation F. Y. 1973 $ 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. Provided, that of the above appropriation, relative to Operations, $450,000 is designated and committed for research, planning and development of the Real Property Appraisal Program. C. Motor Vehicle Tag Purchases F. Y. 1973 $ 894,775 Provided, that of the above appropriated amount, relative to Motor Vehicle Tag Purchases, $460,000 is designated and committed for use in contracting with Georgia Prison Industries for the production of at least 1,000,000 1976 motor vehicle tags. Changed Objects: Personal Services $ 9,678,662 Operating Expenses $ 5,743,960.

Page 1350

Section 27. Said Act is further amended by striking Section 36, relating to the Office of the Secretary of State, in its entirety and inserting in lieu thereof the following. Section 36. Office of the Secretary of State. A. Operations F. Y. 1973 $ 3,794,800 B. Construction: Authority Lease Rentals F. Y. 1973 $ 815,000 Changed Object: Operating Expense $ 1,242,524. Section 28. Said Act is further amended by striking Section 38, relating to the Office of the Governor, in its entirety and inserting in lieu thereof the following: Section 38. Office of the Governor. A. Operations Governor's Office F. Y. 1973 $ 797,500 Office of Planning and Budget F. Y. 1973 $ 1,362,000 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 Changed Objects: Personal Services $ 2,215,102 Operating Expenses $ 878,027.

Page 1351

Section 29. Said Act is further amended by striking Section 40, relating to five percent (5%) salary increase for State employees, in its entirety and inserting in lieu thereof the following: 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 Veterans Service $ 141,000 Georgia Historical Commission $ 14,000 Treasurer $ 2,000 Department of Law $ 54,000 Audits $ 60,000 TOTAL $ 284,000.

Page 1352

Section 30. Said Act is further amended by striking Section 41, relating to the funding of H. B. 1320, in its entirety. Section 31. Said Act is further amended by striking Section 46, relating to the Office of Planning and Budget, in its entirety and inserting in lieu thereof the following. 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 $1,358,729,374.50 Section 32. Whenever 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 1973 General Assembly; except that for those budget units for which the aforementioned Budget Report contains no recommendation for amendment, the term Changed Objects shall mean that the object classification following such term shall be changed to the amount following such object classification from the amount shown in Act No. 885 of the 1972 session of the Georgia General Assembly. Changed objects.

Page 1353

Section 33. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 34. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. GENERAL APPROPRIATIONS ACT. No. 704 (House Bill No. 141). An Act to make and provide appropriations for the fiscal year beginning July 1, 1973, and ending June 30, 1974; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1973, and ending June 30, 1974, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and Federal Revenue Sharing Funds.

Page 1354

PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. A. Operations $ 6,765,000 B. For election blanks and other election expenses, including publishing constitutional amendments $ 175,000 C. For all cost of Georgia Official and Statistical Register $ 95,000 For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders, Conference of Insurance Legislators, 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; for the annual report

Page 1355

of the State Auditor to the General Assembly; and for cost of Legislative Services Committee, Office of Legislative Counsel, and Legislative Budget Analyst, as authorized by law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations. Section 2. Department of Audits. A. OperationsAudits $ 1,632,600 B. OperationsTax Ratio Study $ 350,000 Section 3. Educational Improvement Council. Operations $ 68,558 PART II. JUDICIAL BRANCH Section 4. Supreme Court. Operations $ 871,981 Changed Objects: Personal Services $ 747,606 Operating Expenses $ 124,375

Page 1356

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 for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorney's fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479. Section 5. Superior Courts. Operations $ 5,814,658 Changed Objects: Personal Services $ 5,510,658 Operating Expenses $ 304,000 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.

Page 1357

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. Provided, however, that the listed appropriation shall be increased by the amount of $13,334 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 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 per annum for each judgeship created by law during the 1973 session of the General Assembly. Section 6. Court of Appeals. Operations $ 952,844 Changed Objects: Personal Services $ 897,644 Operating Expenses $ 55,200 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 per annum for each additional position established during the fiscal year.

Page 1358

Section 7. Administrative Office of the Court. Operations $ 75,000 Changed Objects: Personal Services $ 54,700 Operating Expenses $ 20,300 For the cost of operating the Administrative Office of the Court. Section 8. Court Reports. Operations $ 47,000 Changed Object: Operating Expenses $ 47,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals Section 9. Judicial Qualifications Commission. Operations $ 3,000 Changed Object: Operating Expenses $ 3,000 For the cost of operating the Judicial Qualifications Commission. PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services.

Page 1359

A. Operations $ 3,396,453 Changed Objects: Personal Services $ 8,349,430 Operating Expenses $ 9,632,049 B. Capital Outlay $ 82,500 Changed Object: Capital Outlay $ 82,500 C. Authority Lease Rentals $ 3,112,753 Changed Object: Authority Lease Rentals $ 3,112,753 D. Workmen's Compensation Fund $ 700,000 Changed Object: Workmen's Compensation Fund $ 700,000 Section 11. Department of Agriculture. A. Operations $ 11,290,800 Changed Objects: Personal Services $ 8,613,600 Operating Expense $ 4,028,000 B. Authority Lease Rentals $ 945,000 Changed Object: Authority Lease Rentals $ 945,000 C. Indemnities $ 65,000 Changed Object: Indemnities $ 65,000 D. Fire Ant Eradication $ 1,500,000 Changed Object: Fire Ant Eradication $ 1,500,000 E. Capital Outlay $ 1,775,000 Changed Object: Capital Outlay $ 1,775,000 F. Agrirama $ 605,588 Changed Objects: Personal Services $ 75,000 Operating Expenses $ 50,000 Capital Outlay $ 480,588

Page 1360

Section 12. Department of Banking and Finance. Operations $ 1,123,200 Changed Objects: Personal Services $ 909,100 Operating Expenses $ 214,100 Section 13. Department of Community Development. Operations $ 11,211,519 Changed Objects: Personal Services $ 2,250,054 Operating ExpensesRegular $ 1,567,570 Advertising $ 750,000 Operating ExpenseWorld Congress Center $ 200,000 Grants: APDC Grants $ 1,170,000 HUD701 Planning Grants $ 1,780,000 LEAA Action local $11,249,167 LEAA Action State $ 4,770,000 LEAA Planning $ 350,000 Impact Cities $10,000,000 SEADOC $ 133,000 Capital Outlay $ 210,000 Outstanding Authority Lease Rentals $ 2,000,000 State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals $ 3,043,478

Page 1361

Provided, that from the above appropriated amount $3,043,478 is specifically appropriated for the purpose of financing the construction and equipping of the proposed World Congress Center in the City of Atlanta through the issuance of not to exceed $35,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $35,000,000 in principal amount of bonds by the Georgia Building Authority. Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount shall be appropriated to the State of Georgia General Obligation Debt Sinking Fund. Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Building Authority,

Page 1362

said amount shall be appropriated to the Department of Community Development and used for the purpose of paying lease rentals. Provided, however, no portion of the authority lease rental funds for the World Congress Center herein authorized, to-wit: $3,043,478 shall be committed or expended prior to October 1, 1973. In the event at that time a World Congress Center building of substantially the type contemplated by the criteria, except as to site, which already has been set by the Executive Board of the Georgia World Congress Center, in the opinion of a majority of the State Properties Control Commission as demonstrated by evidence of ability to do so, can be financed by sources other than State funds or by funds guaranteed by the State, then this sum shall be lapsed. Provided, however, the $200,000 operating expense hereinabove appropriated, or a portion thereof, may be expended for preliminary planning in the interim. The final decision of a majority of the members of the State Properties Control Commission with respect to the lapsing of funds as herein authorized and the adequacy of financing by other sources, shall be made on or before October 1, 1973. This provision shall not be construed as affecting any decision of the Executive Board of the Georgia World Congress Center heretofore made and such decisions are hereby ratified and confirmed and will be carried out as made if the above funds do not lapse for the reasons hereinabove provided. For general administrative cost of operating the Department of Community Development, including advertising expense and

Page 1363

Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission office, including the State buy-in for Law Enforcement Assistance Agency grants to local governmental units. Section 14. Office of Comptroller General. Operations $ 2,755,300 Changed Objects: Personal Services $ 2,248,200 Operating Expenses $ 529,300 Section 15. Department of Defense. A. Operations $ 1,457,400 Changed Objects: Personal Services $ 1,002,400 Operating Expenses $ 436,500 Grants: National Guard $ 200,000 Service Contract $ 140,000 Georgia Military Institute $ 16,000 B. Capital Outlay $ 703,000 Changed Object: Capital Outlay $ 878,000 Section 16. State Board of EducationDepartment of Education. A. Operations $532,067,208.97 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 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 $7,000,000 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 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 Systems and the State Department of Education. Provided, that independent school systems shall be eligible to participate in the mini-buses transportation program for Special Education Students. B. Construction: Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 460,669 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,895,088 Grants Direct to School Systems for Capital Outlay PurposesBond Retirement $ 624,243 Grants to School Systems for Capital Outlay PurposesDirect Financing $ 23,000,000 Capital Outlay $ 3,255,000 Provided, that of the above appropriation, relative to construction, $23,000,000 is designated and committed for distribution to local systems on a formula to be promulgated by the State Board of Education based on current increased average daily attendance, surveyed projected growth, outstanding local effort of local systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution. Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practices Commission. Changed Objects: Personal Services $ 16,096,930 Operating Expenses $ 7,491,164 Capital Outlay: Capital Outlay (Regular) $3,630,000 Grants to School Systems for Capital Outlay Purposes $23,000,000 Authority Lease Rentals: Authority Lease Rentals (Regular) $ 460,669 Grants to School Systems for ALR Payments to Georgia Education Authority $26,895,088 Grants Direct to School Systems for Capital Outlay Purposes $ 624,243 MFPE Grants: Teacher Salaries (Section 11) $260,010,156 Salaries of Other Certificated Professional Personnel (Section 12) $45,590,345 Special Education Teachers (Section 20) $29,087,832 Maintenance, Operations and Sick Leave $47,840,611 Travel $ 1,004,469 Isolated Schools $ 55,883 Mid-Term Adjustment $ 962,282 Pupil-Transportation $22,800,965 Instructional Media $ 9,158,143 Non-MFPE Grants: Teacher Retirement $28,944,154 Cooperative Educational Services Across County Lines $ 2,430,000 Superintendents' Salaries $ 2,795,410 Instructional Assistance $ 7,000,000 Enrichment Equalization $ -0- Driver Education $ 375,000 Early Childhood Services $ -0- High School Program $18,663,395 Teacher Training and Research $ 850,000 Local Administration and Supervision $ 273,761 Work Study $ 103,000 Adult and Post-Secondary $ 39,000 Adult Basic Education $ 2,461,000 Area Vocational-Technical Schools $27,535,493 Manpower Development and Training $ 3,160,000 Instructional Services for Handicapped $ 750,000 Preparation of Professional Personnel for Education of Handicapped $ 104,000 Educational Training Services for the Mentally Retarded $ 200,000 Tuition for Multi-Handicapped $ 522,000 Severely Emotionally Disturbed $ 2,988,000 Education of Children from Low-Income Families $41,255,252 Strengthening Instruction in Critical Subjects $ 1,544,000 School Library Resources and other Materials $1,925,000 Summer Library Supervisory Program $ 57,000 Educational Television $ 56,000 Pre-School Training for the Handicapped $ 6,610,252.97 Psychological Services $ 48,000 Guidance, Counseling, and Testing $ 200,000 School lunch $50,408,000 Supervising Teachers $ 145,000 Supplementary Education Centers and Services $ 2,506,000 Teachers' Scholarships $ 328,000 In-Service Grants $ 647,000 Research and Demonstration $ -0- Salaries and Travel of Public Librarians $ 2,474,088 Public Library Service and Materials $ 2,262,109 Public Library Construction $ 1,149,000

Page 1369

Provided, that of the above appropriation, relative to operations, $27,500 is designated and committed for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to Houston County Happy Hour School. Provided, that the State Board of Education shall make allotments for Section 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973. From the above appropriation, relative to Operations, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 to 10 years the minimum period for providing disability and death benefits under Teachers' Retirement. Provided, that of the funds appropriated in this Section, the Department is authorized to utilize up to $5,000,000 to fund the Equalization Program authorized in H. B.

Page 1370

57, subject to prior approval by the Fiscal Affairs Subcommittees. Provided, that of the above appropriated amount, relative to Pre-school Training for the Handicapped, the Diagnostic Classification and Testing Services Program initiated in F. Y. 1973 under Act No. 1234, Ga. L. 1972, p. 722, shall be funded at the continuation level in F. Y. 1974, the remainder of such appropriation shall be used and expended to initiate a half-day Pre-school Training program for five-year-old children who are mentally, physically, or emotionally handicapped, and for no other purpose. Section 17. Employee's Retirement System. Operations $ -0- Changed Objects: Personal Services $ 465,600 Operating Expenses $ 208,000 Section 18. Forestry Commission. Operations $ 8,477,200 Changed Objects: Personal Services $ 7,953,800 Operating Expenses $ 2,600,200 Provided, that of the above appropriation, $25,000 is designated and committed for sewer line construction in Bibb County. Provided, further, that none of the funds appropriated above for this purpose shall be used until the Attorney General has issued an official opinion that such expenditure be legal.

Page 1371

Section 19. Forest Research Council. Operations $ 606,000 Changed Objects: Personal Services $ 88,000 Operating Expenses $ 56,200 Research Contracts $ 483,600 Section 20. Office of the Governor. A. Operations Governor's Office $ 858,000 Changed Objects: Personal Services $ 544,000 Operating Expenses $ 289,000 Mansion Allowance $ 25,000 Office of Planning and Budget $1,583,213 Changed Objects: Personal Services $ 1,780,331 Operating Expenses: Regular $ 353,482 Payments to Regional Commissions $ 216,700 B. Governor's Emergency Fund $ 2,000,000 There is hereby appropriated 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. Provided, however, that the listed appropriation shall be increased by the amount

Page 1372

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 21. Grants to Counties and Municipalities. A. Grants to Counties $ 2,600,000 Changed Object: Grants to Counties $ 2,600,000 B. Grants to Municipalities $ 4,200,000 Changed Object: Grants to Municipalities $ 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 calendar quarter. C. Grants to Counties $ 50,000,000 To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief. These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services. Section 22. Department of Human Resources. A. Operations $ 287,026,700 Changed Objects: Personal Services $136,394,400 Operating Expenses $ 86,636,264 Grants $ 65,704,000 Benefits $ 405,403,000 Provided, that of the above appropriation, a specific sum equal to the cost of providing uniforms for all firemen and security personnel at Central State Hospital is designated and committed for the provision of such uniforms for such employees. Provided, that of the above appropriation, $400,000 is designated and committed for the Savannah Sheltered Workshop. Provided, that the funds included in this Section for the State to operate the Cobb County Detention Center shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the State. Provided, that of the above appropriation, $100,000 is designated and committed for the Hemophilia Program. Provided, that of the above appropriation relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Authority upon the approval by the Federal Government of the application for funding of a new medical college for the training of medical doctors and other allied medical personnel under the provisions of Public Law 92-157 known as the Comprehensive Health Manpower Training Act of 1971. Provided, that of the above appropriation, $15,000 is designated and committed for improving the playground for the children's unit at the Georgia Mental Health Institute. Provided further, that $19,000 is designated and committed for the purchase of emergency equipment at said institution. Provided, that of the total funds contemplated in this Section $650,000 is designated and committed for the Sheltered Workshops for the mentally retarded. Provided, that of the above appropriation, $11,663,000 is designated and committed for the Day Care Centers for the Mentally Retarded. Provided, however, that the object classes for the State hospitals will be as follows: Southwestern State Hospital Personal Services $ 5,441,000 Operating Expenses $ 1,126,000 Georgia Retardation Center Personal Services $ 8,826,000 Operating Expenses $ 2,784,000 Georgia Mental Health Institute Personal Services $ 6,087,000 Operating Expenses $ 1,757,000 Georgia Regional Hospital at Augusta Personal Services $ 3,989,000 Operating Expenses $ 1,036,000 Georgia Regional Hospital at Atlanta Personal Services $ 4,905,000 Operating Expenses $ 1,540,000 Central State Hospital Personal Services $33,495,000 Operating Expenses $ 8,210,000 Georgia Regional Hospital at Savannah Personal Services $ 3,986,000 Operating Expenses $ 882,000 Gracewood State School and Hospital Personal Services $11,455,000 Operating Expenses $ 2,926,000 Northwest Georgia Regional Hospital Personal Services $ 1,839,000 Operating Expenses $ 783,000 West Central Georgia Regional Hospital Personal Services $ 1,342,000 Operating Expenses $ 782,000 B. Construction $ 10,378,000 Changed Objects: Capital Outlay $ 4,308,000 Outstanding Authority Lease Rentals $ 5,545,000 State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals $ 525,000

Page 1375

Provided, that of the above appropriation, $484,000 is designated and committed to construct a Regional Youth Development Center at Blakely, Georgia. Provided, that from the above appropriated amount, $525,000 is specifically appropriated for the purpose of financing the construction and equipping of (1) a new

Page 1376

75-bed multi-geographic facility at Southwestern State Hospital (Thomasville), (2) a school for special education at Central State Hospital, and (3) a new 60-bed medical hospital at Gracewood State School and Hospital through the issuance of not to exceed $6,025,000 in principal amount of general obligation debt or through the issuance of not to exceed $6,025,000 in principal amount of bonds by the Georgia Building Authority (Hospital). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appropriated to the State of Georgia General Obligation Debt Sinking Fund. Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Building Authority (Hospital), said amount shall be appropriated to the Department of Human Resources and used for the purpose of paying lease rentals. Section 23. Department of Labor. A. Operations $ 1,395,000 Changed Objects: Personal Services $16,543,000 Operating Expenses $ 5,860,000 Grants $ 1,769,000 B. Unemployment Compensation Reserve Fund $ 500,000 Changed Object: Unemployment Compensation Reserve Fund $ 500,000 C. Model Ex-offender Program $ 249,221 Changed Objects: Personal Services $ 292,251 Operating Expenses $ 31,970 D. Pre-Trial Intervention Project $ 35,277 Changed Objects: Personal Services $ 350,322 Operating Expenses $ 291,014 E. Vocational and Academic Evaluation $ 90,521 Changed Objects: Personal Services $ 81,087 Operating Expenses $ 9,434

Page 1377

Section 24. Department of Law. A. Operations $ 2,091,100 Changed Objects: Personal Services $ 1,809,800 Operating Expenses $ 343,300 B. Books for State Library $ 21,000 Changed Object: Books for State Library $ 21,000 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

Page 1378

item, unless payment is for reimbursement to the Department of Law as provided by law. Section 25. State Literature Commission. Operations $ 31,000 Changed Objects: Personal Services $ 25,000 Operating Expenses $ 6,000 Section 26. Merit System of Personnel Administration. Operations $ -0- Changed Objects: Personal Services $ 1,269,500 Operating Expenses $ 629,000 Provided, that the State Merit System through agency assessment of $5,500 to the Department of Education's budget to provide for funds for research and development of a health insurance plan for public school teachers as provided for by House Bill 39. Section 27. Department of Natural Resources. A. Operations $ 21,949,650 Changed Objects: Personal Services $15,925,000 Operating Expenses $11,504,900 Grants: Land and Water Conservation Fund $ 4,000,000 Local Governments: Solid Waste Systems $ 2,000,000 Savannah Beach Reclamation $ 476,950 Recreation Systems $ 200,000 Water and Sewer Systems $ 2,000,000 B. Authority Lease Rentals $ 2,546,000 Changed Object: Authority Lease Rentals $ 2,546,000 C. Capital Outlay $ 3,226,100 Changed Object: Capital Outlay $ 3,746,200 D. Heritage Trust $ 12,000,000 Changed Objects: Personal Services $ 135,908 Operating Expenses $ 85,650 Capital Outlay $11,778,442

Page 1379

Provided, however, that none of the above appropriation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. Provided, that of the above appropriation relating to Capital Outlay $300,000 is designated and committed for the Crooked River Project. * * Compiler's note: The second paragraph from the bottom of this page had written across it: Vetoed. Jimmy Carter. Provided, that of the above appropriation relating to Operating Expenses, $15,000 is designated and committed for planning and securing options for a new State Park in Rockdale County.

Page 1380

Provided, that of the above sum the sum of $500,000 is to be used for acquiring land and establishing the Pickett's Mill and New Hope Church State Park in Paulding County, Georgia. 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, except that land specifically provided for in this Section. Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for General Coffee State Park. Provided, that of the above appropriated amount, $7,500 is designated and committed for the purchase of equipment for pocket parks in Wayne County, Georgia. Section 28. Department of Offender Rehabilitation. A. Corrections Operations $ 21,780,900 Changed Objects: Personal Services $14,735,200 Operating Expenses $ 8,715,700 Capital Outlay $ 12,305,000 Changed Object: Capital Outlay $12,305,000 Authority Lease Rentals $ 840,000 Changed Object: Authority Lease Rentals $ 840,000 Provided, that of the above appropriation relating to Capital Outlay, $500,000 is designated and committed for equipment purchases for Correctional Industries. B. Offender Rehabilitation Operations $ 4,349,000 Changed Objects: Personal Services $ 4,183,100 Operating Expenses $ 734,900 C. Pardons and Parole Board Operations $ 351,000 Changed Objects: Personal Services $ 300,000 Operating Expenses $ 51,000

Page 1381

Section 29. Department of Public Safety. A. Operations $ 21,787,300 Changed Objects: Personal Services $16,592,500 Operating Expenses $ 8,328,300 B. Capital Outlay $ 167,000 Changed Object: Capital Outlay $ 167,000 Provided, that of the above appropriation relating to Capital Outlay, $107,000 is designated and committed to construct and equip a driver's licensing facility in North Fulton County or North Atlanta. 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).

Page 1382

Provided, that from the above appropriation, there shall be paid to each employee who has repaid moving expenses to the department an amount equal to the repayment such employee has made. Provided, further, that no further repayment of moving expenses by employees shall be received by this agency. Provided, that of the above appropriation relating to Operations, $300,000 is designated and committed to purchase uniforms for the Driver's License Examiners. Section 30. Public School Employee's Retirement System. A. Operations $ 137,000 Changed Object: Operating Expenses $ 137,000 B. Employer Contribution $ 7,369,000 Changed Object: Employer Contribution $ 7,369,000 Section 31. Public Service Commission. Operations $ 1,947,688 Changed Objects: Personal Services $ 1,470,243 Operating Expenses $ 477,445 Section 32. Regents, University System of Georgia. A. Operations $ 218,659,541 Changed Objects: Personal Services $244,381,041 Operating Expenses $ 69,465,000 Teachers' Retirement $ 13,947,500 Grants to Junior Colleges $ 3,050,000 Regents Scholarships $ 200,000 Medical Scholarships $ 336,000 B. Construction: Outstanding Authority Lease Rentals $ 20,193,300 Changed Object: Outstanding Authority Lease Rentals $ 23,018,196 State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals $ 1,000,000 Changed Object: State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals $ 1,000,000 Provided, that from the above appropriated amount, $1,000,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $12,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $12,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appropriated to the State of Georgia General Obligation Debt Sinking Fund. Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (University), said amount shall be appropriated to the Board of Regents of the University System and used for the purpose of paying lease rentals. Provided, that of the above appropriation relating to Operations, the State Board of Regents is authorized to pay $20,000 to the Southern Regional Education Board for 10 Georgia students to attend the Southern College of Optometry. Provided, that from appropriated funds in A. and B., the amount of $24,018,196 in F. Y. 1974 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 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 of the above appropriation relating to Operations, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 years to 10 years the minimum period for providing disability and death benefits under Teachers' Retirement. Capital Outlay $ 11,765,200 Changed Object: Capital Outlay $13,265,200

Page 1385

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, 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 the 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.

Page 1386

Provided, that revenue from student fees which exceeds the 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. Section 33. Department of Revenue. A. Operations $ 16,738,859 Changed Objects: Personal Services $ 10,641,019 Operating Expenses $ 5,692,840 Grants $ 412,000 B. Loans to CountiesProperty Tax Reevaluation $ 170,000 Changed Object: Loans to Counties for Property Tax Reevaluation $ 325,000 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 amounts and for the same purpose as originally appropriated but not to exceed $155,000 in F. Y. 1974. Such amount shall be available for further tax evaluation loans to counties. C. Motor Vehicle Tag Purchases $ 995,500 Changed Object: Motor Vehicle Tag Purchases $ 995,500

Page 1387

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $838,500 is designated and committed for use in contracting with Offender Rehabilitation for the production of at least 1,950,000 motor vehicle tags. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided, the advances made are for services to be rendered within the same fiscal year. Section 34. Secretary of State. A. Operations $ 4,654,714 Changed Objects: Personal Services $ 3,087,800 Operating Expenses $ 1,566,914 B. Authority Lease Rentals $ 815,000 Changed Object: Authority Lease Rentals $ 815,000 Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed for a monument to Richard B. Russell. Provided, that of the above appropriation, $64,914 is designated and committed for use by the Bi-Centennial Commission. Section 35. State Scholarship Commission. A. Operations $ 384,000 Changed Objects: Personal Services $ 456,000 Operating Expenses $ 323,000 B. Higher Education Assistance Corporation-Interest and Fees on Loans $ 435,000 Changed Object: Interest and Fees on Loans $ 435,000 C. Higher Education Assistance Authority-Direct Loans and Tuition Grants $ 5,451,000 Changed Objects: Direct Loans $ 1,176,000 Tuition Grants $ 4,200,000 D. State Scholarship Commission-Scholarships $ 1,149,000 Changed Object: Scholarships $ 1,224,000 E. Law Enforcement Personnel and Firemen's Dependent Scholarships $ 175,000 Changed Object: Law Enforcement Personnel-Dependent Scholarships $ 175,000

Page 1388

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 $4,200,000 is appropriated for grants and scholarships to students attending private colleges as provided in Ga. L. 1971, p. 906.

Page 1389

Section 36. State Treasury Department $ 35,000 These funds do not constitute any legal claim to the Office of State Treasurer and do not evidence any intention by the General Assembly that the Office of State Treasurer is validly in existence. In the event that the Supreme Court of Georgia holds that said office no longer exists this appropriation shall not be effective and said funds shall lapse immediately. Section 37. Soil and Water Conservation Committee. Operations $ 479,000 Changed Objects: Personal Services $ 123,000 Operating Expenses $ 356,000 Section 38. Teachers' Retirement System. Operations $ 2,263,015 Changed Objects: Personal Services $ 295,100 Operating Expenses $ 347,600 Employer Contribution $ 2,263,015 Section 39. Department of Transportation. A. Appropriation of all funds in subsections A., B., 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 Fiscal Division of the Department of Administrative Services 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 Fiscal Division of the Department of Administrative Services 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 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 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 Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation. Operations (including Capital Outlay) $ 183,761,987 Construction: State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 29,921,000 For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the State of Georgia General Obligation Debt Sinking Fund for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges 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 to the State of Georgia General Obligation Debt Sinking Fund for the specific purpose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $60,000,000 in principal amount to finance a new program for the construction or reconstruction of public roads and bridges. Provided, further, that in the event the Georgia State Financing and Investment Commission, for any reason, should decide not to use the General Obligation procedures established by the Constitution to finance said new program for the construction or reconstruction of public roads and bridges, the same excess amount is then designated and specifically appropriated for additional Authority lease rentals to the Georgia Highway Authority to permit the issuance of new Authority bonds to finance the construction or reconstruction of public roads and bridges. B. Grants to Counties. For grants to counties for aid in county road construction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services as provided by law $ 4,817,013.03 C. For grants to counties for aid in county road construction and maintenance $ 4,500,000 The sum appropriated under C. shall be distributed and disbursed to the various counties of the State by the Fiscal Division of the Department of Administrative Services 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 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 Office of Planning and Budget 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. For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. L. 1965, p. 458), as amended $ 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 Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget 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, such payments to be made on the last day of each quarter. E. For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety and the provision of air transportation services. Operations $ 954,400 Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. ConstructionAirport Development Capital Outlay $ 976,000 Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 25% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. F. For the identification, planning and development of a comprehensive plan for a statewide system of trails. Operations $ 25,000 ConstructionPilot Bikeways Project Capital Outlay $ 50,000 Provided, that the Department of Transportation will prepare the comprehensive plan for the Department of Natural Resources, and provided further that the Department of Transportation is authorized to utilize Pilot Bikeways funds to finance part of the staged construction of a pilot bikeway project when matching federal and/or local funds. Provided, that of the above appropriation relating to operations, $25,000 is designated for planning a statewide system of multipurpose trails, and $50,000 is designated for a pilot bicycle trail as part of said statewide system. G. Harbor Maintenance Payments $ 250,000 Provided, that the entire amount of the above appropriation for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah. Changed Objects: Personal Services $ 86,886,700 Operating Expenses $ 34,655,687 Capital Outlay $ 170,763,000 State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals $ 29,921,000 Grants to Counties $ 9,317,013.03 Grants to Municipalities $ 9,317,000

Page 1395

Section 40. Department of Veterans Service. Operations $ 4,810,000 Changed Objects: Personal Services $ 1,658,000 Operating Expenses Regular $ 217,000 Payments to Central State Hospital $ 2,950,000 Payments to Medical College of Georgia $ 1,489,000 Grants to Confederate Widows $ 42,000 Capital Outlay $ 1,160,000 Changed Object: Capital Outlay $ 2,410,000

Page 1396

Section 41. Workmen's Compensation Board. Operations $ 989,000 Changed Objects: Personal Services $ 834,000 Operating Expenses $ 155,000 Section 42. In addition to all other appropriations for the fiscal year ending June 30, 1974, there is hereby appropriated collectively to the agencies listed below, the amount of $10,500,000 for the purpose of funding an across-the-board salary increase of not more than $420 per budgeted employee. The Office of Planning and Budget shall determine the allocation of these funds among the agencies listed below, and is hereby authorized and directed to increase the appropriate object classes involved to reflect this salary increase. In no event shall the Office of Planning and Budget allocate to any agency an amount in excess of the

Page 1397

minimum amount required to effect such salary increase for the employees of such agency. Department of Administrative Services Department of Agriculture Department of Audits Department of Banking and Finance Department of Community Development Office of Comptroller General Department of Defense Department of Education Forestry Commission Forest Research Council Office of the Governor Department of Human Resources Department of Labor Department of Law Department of Natural Resources Occupational Health Safety Administration Department of Offender Rehabilitation Office of Planning and Budget Department of Public Safety Public Service Commission Department of Revenue Office of Secretary of State Scholarship Commission Soil and Water Conservation Committee Department of Transportation Department of Veterans Service Board of Workmen's Compensation.

Page 1398

Section 43. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. L. 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline. Section 44. 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, 1973, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or

Page 1399

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 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 45. All expenditures and appropriations made and authorized under this Act shall be according to the objects, programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the regular 1973 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 tranferred 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 fiscal year 1974, 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

Page 1400

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 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 46. 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 Budget Report for F. Y. 1974 submitted to the 1973 General Assembly. Changed objects. Section 47. The Director of the Budget shall determine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a non-recurring nature. Section 48. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part

Page 1401

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. 1974 $1,664,168,762. Section 49. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 50. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. Except as noted. GEORGIA CODE OF TRANSPORTATION ACT AMENDEDCERTAIN AIR RIGHTS OVER LIMITED-ACCESS HIGHWAYSDEPARTMENT OF TRANSPORTATION AUTHORIZED TO LEASE. No. 706 (Senate Bill No. 20). An Act to amend an Act known as the Georgia Code of Public Transportation (Senate Bill 140 passed at the 1973 regular session of the General Assembly), so as to provide that the State Department of Transportation shall have the authority to lease by negotiation air rights over existing or proposed limited-access highways for development as commercial enterprises or activities; to provide for practices and procedures in connection with

Page 1402

such leases; to change certain references; 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 Code of Public Transportation (Senate Bill 140 passed at the 1973 regular session of the General Assembly) is hereby amended by striking in its entirety, the third paragraph of section 95A-936 which read as follows: No commercial enterprise or activities shall be authorized or conducted by the Department or any other agency, or by a county or municipality of the State within or on the property on which have been constructed limited-access roads as defined in this Article: Provided, that the term `commercial enterprise or activities' shall not be so construed as to prevent the installation of public utility facilities, to the extent that it is authorized by law, or as to prevent the proper management of property acquired for future construction of public roads including limited-access roads, as such acquisition is authorized in Chapter 95A-6 of this Title., and inserting in lieu thereof a new paragraph to read as follows: Except as otherwise provided in this Section, no commercial enterprise or activities shall be authorized or conducted by the Department or any other agency, or by a county or municipality of the State within or on the property on which have been constructed limited-access roads as defined in this Article: Provided, that the term `commercial enterprise or activities' shall not be so construed as to prevent the installation of public utility facilities, to the extent that it is authorized by law, or as to prevent the proper management of property acquired for future construction of public roads including limited-access roads, as such acquisition is authorized in Chapter 95A-6 of this Title. The State Department of Transportation is hereby authorized to lease by negotiation air rights over existing or proposed limited-access highways for development as

Page 1403

commercial enterprises or activities. Prior to entering into any negotiations for the lease of such air rights, the Department shall advertise its intent to negotiate the lease of such air rights at least once a week for four consecutive weeks in one or more newspapers of general circulation in the county or counties where the air rights to be leased are situated and one or more legal organs in Fulton County, Georgia. Provided, any person, firm or corporation leasing such air rights shall reimburse the Department for all costs, including administrative costs, incurred by the Department in connection with the negotiation of said lease. Provided, further, that when two or more offers are received by the Department for a lease of air rights, the highest responsible offer shall be accepted by the Department. The Department of Transportation shall establish a minimum negotiated price, based upon competent appraisal, and the final negotiated amount shall not be less than this appraisal. Air rights. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. CONVEYANCE OF LAND TO CITY OF JACKSON AUTHORIZED. No. 23 (Senate Resolution No. 64). A Resolution. Authorizing the conveyance of certain State-owned real property located in Butts County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Butts County, Georgia, which is currently under the control and jurisdiction of the Georgia Department of Offender Rehabilitation; and

Page 1404

Whereas, said real property is located on the grounds of the Georgia Diagnostic and Classification Center in Butts County, Georgia, and is more particularly described as follows: All that tract or parcel of land containing 23.45351 acres, lying and being in land lot 238, Butts County, Georgia, and being more particularly described as follows: Beginning at a point which is South 1 53' West 452.5 feet from an iron pin labelled No. 57 in the property plat of the Georgia Diagnostic and Classification Center, Department of Offender Rehabilitation; thence South 1 53[prime] West a distance of 622.9 feet to an iron pin; thence South 88 4[prime] East a distance of 1,450.4 feet to an iron pin; running thence along the center line of the Towaliga River, as follows: North 20 56[prime] East for 210.9 feet; thence North 40 4[prime] East for 135.9 feet; thence North 52 50[prime] East for 152.8 feet; thence North 53 55[prime] East for 165.2 feet; thence North 34 7[prime] East for 96.3 feet; thence North 63 4[prime] West for 131.0 feet; thence North 85 59[prime] West for 164.7 feet; thence South 64 35[prime] West for 204.8 feet; and thence North 60 12[prime] West for 147.9 feet to an iron pin; and finally North 88 4[prime] West a distance of 1,307.6 feet to an iron pin which is the Point of Beginning. The said property is shown on a Plat prepared for the City of Jackson by Keck and Wood, Inc., Engineers, dated January, 1973. Whereas, the above described real property is no longer needed by the Georgia Department of Offender Rehabilitation or the State of Georgia and is therefore surplus; and Whereas, the City of Jackson, Georgia, is desirous of obtaining said tract of land for the purpose of constructing a water treatment and purification plant that will provide an adequate supply of potable water for the City of Jackson and its customers, thus enhancing the economic and environmental health of the City of Jackson, County of Butts, and Middle Georgia.

Page 1405

Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract or parcel of land subject to the following conditions: (1) that said tract or parcel of land be conveyed to the City of Jackson, Georgia; and (2) that the conveyance of the said tract of land may be approved by the State Properties Control Commission; and (3) that the said conveyance shall be for a consideration to be agreed between the City of Jackson, and the State Property Control Commission; and (4) that such tract shall be reverted back to the State in the event that such tract shall ever cease to be used as a water treatment facility by the City of Jackson. Approved April 19, 1973. DEPARTMENT OF TRANSPORTATIONEMPLOYMENT OF NECESSARY PERSONNEL AUTHORIZED, ETC. No. 709 (Senate Bill No. 238). An Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1055), so as to authorize the Commissioner of the Department of Transportation to employ such personnel as he may deem necessary to carry on the operations of the Department of Transportation; to authorize the Commissioner to create such organizational elements as may be necessary for the efficient operation of the

Page 1406

Department; 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 Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1055), is hereby amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. Employment of Personnel by Department of Transportation; Authority for Organizational Elements. The Commissioner of the Department of Transportation shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he may deem necessary or useful to the effective operation and administration of the Department, except that the Commissioner shall not employ a person who is related within the second degree of consanguinity to the Commissioner or any member of the Board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a Board member or appointment of a Commissioner. The Commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the Department. The power granted to the Commissioner of the Department of Transportation herein shall be subject to and limited by the provisions of an Act approved March 10, 1971 (Ga. L. 1971, p. 45; Ga. Code Ann. ch. 40-22), establishing a merit system for Department of Transportation employees, to the extent that the same, or any amendments thereto, are now or may be hereafter applicable to Department personnel.

Page 1407

Section 2. This Act shall become effective July 2, 1973. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. DEPARTMENT OF TRANSPORTATIONFINANCIAL SUPPORT TO CERTAIN GOVERNMENTAL BODIES AUTHORIZED FOR CLEARING HARBORS, ETC. No. 710 (Senate Bill No. 285). An Act authorizing the Department of Transportation to provide financial support to municipalities, counties, authorities, State agencies and instrumentalities for clearing, dredging, or maintaining free from obstruction the ports, seaports or harbors of this State; to provide the procedures connected therewith; to provide authority for the Department to clear, dredge, or maintain ports, seaports, or harbors with its own forces or by contract; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subject to general appropriations for such purposes, the Department of Transportation is hereby authorized, within the limitations hereinafter provided, to provide to municipalities, counties, authorities and agencies and instrumentalities of the State financial support, by contract, for clearing, dredging, or maintaining free from obstructions, the ports, seaports or harbors of this State. Authorization. Section 2. (a) The governing bodies of municipalities, counties, authorities, State agencies or instrumentalities may, by formal resolution, apply to the Department of Transportation for financial assistance provided by this Act. Application.

Page 1408

(b) The Department of Transportation shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this Act, may enter into a contract for expenditure of funds. (c) The time of payment and any conditions concerning such funds shall be set forth in the contract. Section 3. In addition to the provisions of section 1 of this Act, and subject to general appropriations for such purposes, the Department of Transportation, with its own forces or by contract with private firms or corporations, may clear, dredge, or maintain free from obstruction, the ports, seaports or harbors of this State. Additional powers. 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 19, 1973. CONVEYANCE OF EASEMENT TO SAVANNAH RIVER PIPELINE CORPORATION AND CONTINENTAL CAN COMPANY, INC. AUTHORIZED. No. 24 (Senate Resolution No. 126). A Resolution. Authorizing the State Properties Control Commission to grant an easement over a portion of the Savannah River located in Richmond County; and for other purposes. Whereas, the Savannah River Pipeline Corporation and Continental Can Company, Inc. are desirous of obtaining from the State of Georgia an easement over a portion of the Savannah River, located within Richmond County,

Page 1409

for the purposes of erecting a dock facility adjacent to property presently owned by the Continental Can Company, Inc.; and Whereas, the erection of a dock facility at such location will not interfere with any other legitimate use of said river and property. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized to grant to the Savannah River Pipeline Corporation and Continental Can Company, Inc. an easement not to exceed the term of 25 years for such consideration as the Commission shall require to be not less than $250.00 in the hereinafter described tract of land: All that tract or parcel of land, whereon runs the Savannah River, situate, lying, and being in Richmond County, Georgia, in the 1660th. D.G.M., approximately 2.738 river miles East of and down stream from the New Savannah River Bluff lock and dam, said tract being located on the South side of Savannah River Channel, beginning at an iron pin located approximately five hundred and sixty-two (562) feet east of a concrete monument located on the Northwest corner of property of Continental Can Company, Inc.; thence extending North into the channel of Savannah River a distance of forty (40) feet; thence extending East downstream in the channel of Savannah River between parallel lines of even width, using the low water mark of the South bank of Savannah River as the constant boundary, a distance of five hundred (500) feet; thence extending South to a concrete monument at the Northeast corner of property of Continental Can Company, Inc.; thence extending West along the South bank of Savannah River to the point of beginning. Said property is known and designated as proposed location of dock to serve Continental Can Company, Inc. on a plat prepared by Jones Murph Company, registered Surveyors, Aiken, South Carolina, dated February 7, 1973, appended hereto, and filed contemporaneously herewith, and by reference thereto is hereby made a part of this instrument for a more accurate description as to metes, bounds,

Page 1410

courses, locations, and distances. Said property herein described is bounded North, East, and West by other parts of Savannah River, and South by other lands of Continental Can Company, Inc. Be it further resolved that the State Properties Control Commission may grant said easement under such other and further conditions as it shall deem necessary and proper in this State's interest. Approved April 19, 1973. EMPLOYEES' RETIREMENT SYSTEMCERTAIN MEMBERS ENTITLED TO CERTAIN PRIOR FEDERAL SERVICE CREDIT. No. 711 (House Bill No. 87). An Act to amend an Act establishing an Employee's Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide that those persons who are members of the Employees' Retirement System on January 1, 1973, who (1) were transferred from a State agency to an agency of the United State Government under a loan to the Federal Government during the war emergency or, (2) during the period of the loan, were selected by the United States Government from official Georgia Merit System registers, paid according to State salary schedules, and were ruled ineligible for Federal Civil Service retirement membership or, (3) were transferred from a State agency to an agency of the United States Government and whose work was continued under the supervision and control of the State agency or, (4) who resigned or took a leave of absence from a State agency or department to accept overseas service with the American Red Cross or other Red Cross organization during World War II and who were subsequently rehired or reinstated by any agency or department of the State, are entitled to prior service credit while so employed; to provide

Page 1411

an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by striking subsection (5) of section 4 in its entirety, and inserting in lieu thereof a new subsection (5), to read as follows: (5) Anything in this Act to the contrary notwithstanding, those persons who are members of the Employees' Retirement System on January 1, 1973, who (1) were transferred from a State agency to an agency of the United States Government under a loan to the Federal Government during the war emergency or (2) during the period of the loan, were selected by the United States Government from official Georgia Merit System registers, paid according to State salary schedules, and were ruled ineligible for Federal Civil Service retirement membership or (3) were transferred from a State agency to an agency of the United States Government and whose work was continued under the supervision and control of the State agency or (4) who resigned or took a leave of absence from a State agency or department to accept overseas service with the American Red Cross or other Red Cross organization during World War II and who were subsequently rehired or reinstated by any agency or department of the State, are entitled to prior service credit while so employed. Service. 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 19, 1973.

Page 1412

LEASE OF LAND TO THE CITY OF MARIETTA AUTHORIZED. No. 51 (House Resolution No. 152-604). A Resolution. Authorizing the State Properties Control Commission to lease certain real property located in Cobb County, Georgia, to the City of Marietta; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Cobb County, Georgia, which is currently under the control and jurisdiction of the State Properties Control Commission; and Whereas, said real property is divided into two tracts of land, and said tracts of land are more particularly described as follows: TRACT 1. All that tract or parcel of land lying and being in Land Lot 1218 of the 16th District, 2nd Section, Cobb County, Marietta, Georgia and being more particularly described as follows: Beginning at a point and corner at which the west right-of-way line of McNeel Street intersects the North right-of-way line of Depot Street; thence running south 8832[prime] West along the North right-of-way line of Depot Street for a distance of 99.0 feet to a point and corner located on the East right-of-way line of the Louisville and Nashville Railroad; thence running North 148[prime] West along said east railroad right-of-way for a distance of 85.0 feet to a point and corner; thence running north 88 02[prime] east for a distance of 98.3 feet to a point and corner located on the West right-of-way line of McNeel Street; thence running South 2 39[prime] East along the West right-of-way line of McNeel Street for a distance of 85.88 feet to the point of beginning.

Page 1413

TRACT 2. All that tract or parcel of land lying and being in Land Lot 1218, 16th District, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the South right-of-way line of Mill Street and the East right-of-way line of Denmead Street; thence running North 8853[prime] East along the South right-of-way line of Mill Street for a distance of 75.0 feet to a point; thence running South 030[prime] East for a distance of 150.01 feet to a point on the North right-of-way line of Depot Street; thence running South 88 32[prime] West along said right-of-way line for a distance of 75.0 feet to a point of intersection with the east right-of-way line of Denmead Street; thence running North 0 30[prime] West along said right-of-way line for a distance of 150.60 feet to the point of beginning. Whereas, said tracts of land are no longer needed by the State Properties Control Commission or the State of Georgia and is, therefore, surplus; and Whereas, the City of Marietta can expand its recreational facilities by obtaining a long-term lease on both tracts of land and thereby greatly benefit the public. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized to lease said tracts of land to the City of Marietta, the consideration for said lease to be $250.00 per annum, and the term of said lase to be 15 years, subject to any terms and conditions provided by the State Properties Control Commission, which said Commission deems in the best interest of the State. Approved April 19, 1973.

Page 1414

SHERIFFS' RETIREMENT FUNDINCREASED BENEFITS PROVIDED, ETC. No. 713 (House Bill No. 186). An Act to amend an Act creating the Sheriff's Retirement Fund of Georgia and providing for a retirement system for sheriffs, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 705), so as to provide increased retirement benefits for those who become eligible to receive retirement benefits from and after April 1, 1973; to provide for increased retirement benefits for those already receiving benefits and for those who become eligible to receive retirement benefits prior to April 1, 1973; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 705), is hereby amended by striking from the second sentence of section 18 the following: ten ($10.00) dollars, and inserting in lieu thereof the following: twelve dollars and fifty cents ($12.50), and by adding a new paragraph at the end of said section 18 to read as follows: The amounts provided in this Section as retirement benefits shall apply to those members who are already receiving retirement benefits, to those members who have already become eligible to receive retirement benefits, and to those members who will become eligible to receive retirement

Page 1415

benefits prior to April 1, 1973, as well as to those members who become eligible to receive retirement benefits on or after said date. The service of each member who is already receiving retirement benefits or who has already become eligible to receive retirement benefits or who will become eligible to receive retirement benefits prior to April 1, 1973, shall be recomputed and if it is determined that the amount provided herein shall result in an increase in retirement benefits being paid to such members, the increase shall be effective April 1, 1973, and such increase shall be paid to the member from and after that date., 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 twelve dollars and fifty cents ($12.50) 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, or until the death of such member, whichever may occur first, as payment of said dues.

Page 1416

The amounts provided in this Section as retirement benefits shall apply to those members who are already receiving retirement benefits, to those members who have already become eligible to receive retirement benefits, and to those members who will become eligible to receive retirement benefits prior to April 1, 1973, as well as to those members who become eligible to receive retirement benefits on or after said date. The service of each member who is already receiving retirement benefits or who has already become eligible to receive retirement benefits or who will become eligible to receive retirement benefits prior to April 1, 1973, shall be recomputed and if it is determined that the amount provided herein shall result in an increase in retirement benefits being paid to such members, the increase shall be effective April 1, 1973, and such increase shall be paid to the member from and after that date. 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 19, 1973. CONVEYANCE OF LAND TO THE CITY OF MACON AUTHORIZED. No. 54 (House Resolution No. 157-631). A Resolution. Authorizing the conveyance of certain property in the City of Macon, Bibb County, Georgia, to the City of Macon; and for other purposes. Whereas, in the year 1969, there was constructed on property owned by the City of Macon, hereinafter described, a building which has housed the State Department

Page 1417

of Public Safety Drivers' License Issuing Office since that time; and Whereas, at its 1971 Session, the General Assembly passed an Act (Ga. L. 1971, p. 2484), which authorized the City of Macon to convey said property to the State of Georgia for the aforesaid use by the Department of Public Safety, said deed to contain a provision for the property to revert to the City of Macon should it cease to be used by the Department for issuance of drivers' licenses and for the further provision that during the week of the Georgia State Fair in Macon, Department employees should vacate said property so that it might be used in conjunction with said Fair; and Whereas, pursuant to said Act, the City of Macon executed and delivered its quitclaim deed to the State of Georgia, conveying said property, said deed being of record in Deed Book 1119, page 634, Clerk's Office, Bibb County Superior Court; but the State of Georgia refused to accept said deed because of the two conditions therein, as aforesaid; and Whereas, at its 1972 Session, the General Assembly amended the 1971 Act (Ga. L. 1972, p. 3946), to authorize execution by the City of Macon of a quitclaim deed to the State, conveying said property, in fee simple and without condition but the City of Macon is unwilling to execute such a deed and has not done so; and Whereas, in order to clear the City's title to said property, the City desires that the State quitclaim said property back to the City and the State is willing to do so; and Whereas, said property is described, as follows: All that lot or parcel of land in the City of Macon, Bibb County, Georgia, together with the State Department of Public Safety Drivers' License building situated thereon, described according to a plat of survey made by Tamplin Sherrill, Inc., in July 1969, as beginning at a point, marked by an iron pin, which is 829.6 feet south 45 degrees

Page 1418

4 minutes east from the Center Stone marking the theoretical centerline of Walnut and Seventh Streets; extending thence north 43 degrees 45 minutes east a distance of 169 feet to an iron pin; extending thence south 46 degrees 15 minutes east a distance of 200 feet to a point; extending thence south 52 degrees 29 minutes 32 seconds west a distance of 175.3 feet to an iron pin; extending thence north 44 degrees 50 minutes west a distance of 173.4 feet to point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor of Georgia is hereby authorized to execute the appropriate instrument of the State of Georgia to reconvey the above-described property to the City of Macon for and in consideration of the sum of $1.00 and the benefits flowing to the State of Georgia. Approved April 19, 1973. GEORGIA TREATED TIMBER PRODUCTS ACT OF 1973. No. 714 (House Bill No. 201). An Act to regulate the treatment and sale of certain timber or timber products within the State of Georgia; to provide for a short title; to provide for definitions; to provide that each person, firm or corporation engaged in the business of treating timber or timber products with preservatives shall secure a processor's license; to provide that certain persons, firms or corporations shall secure a dealer's license; to provide for license fees; to provide for applications for licenses; to provide for the establishment of standards for preservatives used in the treatment of timber or timber products; to provide for restrictions and qualifications on certain standards; to provide for exceptions; to provide for the branding or marking of certain treated timber or timber products; to provide for the registration of brands; to provide that each shipment of chemically treated timber or timber products shall be

Page 1419

accompanied by a shipping document containing certain information; to provide for the inspection and sampling of timber or timber products and places in which timber or timber products are being treated; to provide for the taking of reasonable samples for testing purposes; to provide for the issuance and enforcement of stop sale, stop use or removal orders and the practice and procedure connected with such orders; to provide for the seizure and condemnation of certain treated timber or timber products not in compliance with the provisions of this Act; to provide for the practice and procedure in connection with such seizure and condemnation; to provide for the disposal of such treated timber or timber products; to provide for the suspension and revocation of licenses; to provide for notices and hearings; to provide for the practice and procedure in connection with such suspension and revocations; to provide for exemptions; to provide that certain acts shall be unlawful; to provide for penalties; to provide for rules and regulations; 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. Short Title. This Act shall be known and may be cited as the Georgia Treated Timber Products Act of 1973. Section 2. Definitions. (a) As used in this Act, unless their use and context clearly requires otherwise, the following terms shall have the following meanings: (1) Preservative means any chemical used in treating wood to retard or prevent deterioration or destruction caused by the action of insects, fungus or bacteria. (2) Brand means an identification mark assigned to a processor and used to mark each treated pole, post or piling, timber, or other timber product.

Page 1420

(3) Commissioner means the Commissioner of Agriculture. (4) Treated wood means wood treated by the impregnation or application of chemical solutions or chemical mixtures for the purpose of retarding or preventing deterioration or destruction by insects, fungi, bacteria, or other wood destroying organisms. (5) Dealer means any person, firm or corporation who ships into or brings into this State, for sale, any treated timber or timber product treated outside the State. (6) Timber means sawn wood of five inches or more actual thickness. (b) Any term which is not defined in subsection (a) shall have the definitions ascribed to such term in the standards of the American Wood-Preservers' Association, if such term is defined in such standards and such definition is not otherwise in conflict with the provisions of this Act as determined by the Commissioner. Section 3. Licensing Requirements. (a) Each person, firm or corporation who shall engage in the business of treating timber or timber products with preservatives in this State shall secure an annual processor's license from the Commissioner of Agriculture before such treatment is undertaken. The annual fee for this license shall be $25.00. (b) Each person, firm or corporation who shall ship into the State for sale or who shall bring into the State for sale any treated timber or timber products processed outside the State shall secure an annual dealer's license from the Commissioner of Agriculture. The annual fee for this license shall be $25.00. (c) Application for licenses shall be made in writing on a form obtained from said Commissioner's office and shall contain the name and address of applicant, a list of the types of treated timber or timber products to be processed or offered for sale, or both processed and offered for sale,

Page 1421

the type of treatment employed or to be employed, the preservative and the guaranteed average retention of preservative per cubic foot of wood, and the proposed brand to be used in identification. Section 4. Standards for Preservatives and Treatment. (a) The Commissioner shall establish standards for preservatives used and the treatment of timber or timber products. Such standards shall be in conformity with those which shall be currently adopted by the American Wood-Preservers' Association or the American Wood Preservers Bureau, or both, except that the Commissioner may develop special regulations for the treatment of ash, oak, hickory, and other similar types of hardwood; provided, however, that nothing in this Act shall be construed to prohibit any processor of treated timber or timber products from employing preservative and treatment standards for utility poles, piling, railroad ties, timbers or laminated structures when treated to meet purchaser's engineered specification for specific applications. (b) Any other provision of this Section to the contrary notwithstanding, the use of any creosote-petroleum oil solution as a preservative is hereby prohibited. It shall be unlawful to sell or offer for sale any timber or timber product treated with any creosote-petroleum oil solution. Section 5. Branding of Treated Timber and Timber Products. (a) All poles, posts, piling, timber, laminated timber, lumber or other timber products treated with creosote and oil-borne preservatives as provided for in this Act shall be branded or marked clearly with reasonable permanency before being sold or offered for sale in Georgia, except that lumber of less than two (2) inches actual in thickness shall have not less than twenty percent of the pieces in each shipment branded or marked. (b) All lumber and plywood treated with water-borne preservatives shall comply with the American Wood Preservers Bureau standards.

Page 1422

(c) Every Brand shall be registered with the Commissioner, and shall not be identical to nor closely resemble that of any other company as listed in Currently Used Brands (M6-72) in the current manual of the American Wood-Preservers' Association or as the listings may be updated from time to time. Section 6. Shipping Documents Required. Each shipment of chemically treated timber or timber products shipped from the processor or by the dealer shall be accompanied by a shipping document which shall contain, in addition to other information required by the purchaser, the following information: (1) The type of treatment used in processing the timber or timber products. (2) The preservative used and the guaranteed average retention per cubic foot of treated wood. Section 7. Inspection and Sampling. For the purpose of carrying out the provisions of this Act, the Commissioner or his designated agent may enter into or upon any place during reasonable business hours where timber or timber products are being treated or where treated timber or timber products are being sold or offered for sale and may take samples of preservatives used or treated products being sold or offered for sale, to determine if the provisions of this Act are being complied with. Section 8. Stop Sale, Use or Removal. The Commissioner may issue and enforce written or printed stop sale, stop use, or removal orders to the owners or custodian of any treated timber or timber products and to hold at a designated place where the Commissioner finds said treated timber or timber products being offered or exposed for sale in violation of any of the provisions of this Act until the law has been complied with and said treated timber or timber products have been released, in writing, by the Commissioner, or said violations have been otherwise legally disposed of by written authority. The Commissioner shall

Page 1423

release the treated timber or timber products so withdrawn when the requirements of this Act have been complied with. Section 9. Seizure and Condemnation. Any treated timber or timber products not in compliance with the provisions of this Act shall be subject to seizure on complaint of the Commissioner to the superior court of the county in which the treated timber or timber products are found. In the event the court finds said treated timber or timber products to be in violation of this Act and orders the condemnation of said treated timber or timber products, the treated timber or timber products shall be disposed of in any manner consistent with the quality of the treated timber or timber products, the interest of the parties and the laws of this State; provided, that in no instance shall the disposition of said treated timber or timber products be ordered by the court first giving the claimant an opportunity to apply to the court for release of said treated timber or timber products in such manner as to bring it into compliance with this Act. Section 10. Suspension and Revocation of License. Whenever the Commissioner has knowledge that a license has violated the provisions of this Act, the Commissioner, after hearing, may suspend or revoke the license in order to protect the interest of the public. The licensee shall be notified in writing of the violation, of the date, time and location of the hearing, and of the revocation of his license. Section 11. Exemption. The provisions of this Act shall not be construed so as to affect any farmer or other person treating timber or timber products for home or personal use. Section 12. Prohibited Acts. (a) It shall be unlawful for any person, firm or corporation to treat, sell or offer for sale any timber or timber product pursuant to the requirements of this Act which is not in conformity with the standards adopted or approved by the Commissioner of agriculture. (b) It shall be unlawful for any person, firm or corporation to sell or offer for sale any treated timber or timber

Page 1424

product which has not been clearly branded or marked as required by this Act. Section 13. Punishment for Violation. Any person convicted of violating any provisions of this Act or the rules and regulations issued by the Commissioner pursuant to this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided by law. Section 14. Authority to Promulgate Rules and Regulations. For the enforcement of this Act the Commissioner is authorized, after due notice and public hearing, to promulgate and adopt rules and regulations pertaining to treated timber and timber products processed, sold or offered for sale in Georgia. Section 15. Effective Date. This Act shall become effective on July 1, 1974. Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. CONVEYANCE OF LAND TO R. L. OUSLEY AUTHORIZED. No. 55 (House Resolution No. 200-776). A Resolution. Authorizing the conveyance of certain real property located in Meriwether County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Meriwether County, Georgia, which is currently under the control and jurisdiction of the State Properties Control Commission; and

Page 1425

Whereas, said real property is all of two tracts or parcels of land lying and being in the County of Meriwether, State of Georgia, and more particularly described as follows: TRACT NO. 1: All that certain tract or parcel of land situate, and lying and being at Peters, County of Meriwether, State of Georgia, and described as follows, to wit: In Land Lot 262 of the Gill District of Meriwether County, Georgia, beginning at a point on the southwestern portion of the right-of-way of the Atlantic Coast Line Railroad Company 72.0 feet southwestwardly, measured at right angles, from the center line of the Atlantic Coast Line Railroad Company's main track, said point being 385 feet, more or less, northwestwardly, measured along the center line of said main track, from the point of intersection of said center line and the east line of said Land Lot 262, said point also being 438.2 feet, more or less, northwestwardly, measured along said center line, from said Railroad Company's mile post NB-793; running thence northwestwardly, parallel with said center line, 65.3 feet, more or less, to an offset line of said right-of-way; thence northeastwardly along said offset line, at right angles with said center line, 22.0 feet to a point 50 feet westwardly, measured at right angles, from said center line; thence northwestwardly, parallel with said center line, along said Railroad Company's right-of-way boundary line, 146.7 feet; thence northeastwardly, at right angles from the preceding course, 29.4 feet, more or less, to a point 20.6 feet southwestwardly, measured at right angles, from said center line; thence southeastwardly, parallel with said center line, 212.0 feet; thence southwestwardly 51.4 feet, more or less, to the point of beginning; containing 0.18 acre, more or less and TRACT NO. 2: All that tract or parcel of land situate, lying and being in Land Lot 262 in the Gill District of Meriwether County,

Page 1426

Georgia, containing forty-eight hundredths (.48) of an acre of land and more particularly described as follows: BEGINNING at a point fixed on the north property line of the lands of O. G. and Cora Brown in said Land Lot 262, said point being fifty (50) feet south sixty-five (65) degrees thirty (30) minutes west from a point on the center line of the main track of the Atlantic Coast Line Railroad, said point on the center line of said track being four hundred six (406) feet northerly from Mile Post NB-793; thence running south sixty-five (65) degrees thirty (30) minutes west for a distance of eighty (80) feet to an iron pin; thence running north twenty-four (24) degrees thirty (30) minutes west for a distance of one hundred (100) feet to an iron pin or county road; thence running along said road north thirteen (13) degrees thirty (30) minutes west for a distance of fifty-one and ninety-six one hundredths (51.96) feet to an iron pin on said road; thence running along said road north twenty-four (24) degrees thirty (30) minutes west for a distance of one hundred thirty (130) feet to an iron pin on said road; thence running north sixty-five (65) degrees thirty (30) minutes east for a distance of seventy (70) feet to an iron pin; thence running south twenty-four (24) degrees thirty (30) minutes east for a distance of two hundred eighty-one (281) feet to the point of beginning. Said tract of land is bounded as follows: On the north by lands of O. G. and Cora Brown; on the east by the right-of-way of the Atlantic Coast Line Railroad Company; on the south by lands of O. G. and Cora Brown. Also a packing shed located or partially located on the above described property. Whereas, the above described real property is no longer needed by the State Property Control Commission or the State of Georgia and is therefore surplus; and Whereas, R. L. Ousley, the present tenant, is desirous of obtaining said tract of land.

Page 1427

Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described two tracts or parcels of land subject to the following conditions: (1) That said tracts or parcels of land shall be conveyed to R. L. Ousley; and (2) That the conveyance of the said tracts 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 tracts or parcels of land, which shall be obtained by the State Properties Control Commission. Approved April 19, 1973. GEORGIA BOAT SAFETY ACT. No. 715 (House Bill No. 332). An Act to provide for the regulation and numbering of water vessels; to provide for a short title; to provide for definitions; to provide for the regulation of marine traffic; to provide for rules and regulations to carry out the provisions of this Act; to prohibit certain conduct and activities; to provide for penalties; to provide for all procedures, requirements and other matters relative to the foregoing; to provide an effective date; to repeal specific Acts; 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 Boat Safety Act.

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Section 2. Declaration of policy. It is the policy of this State to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto. Section 3. Definitions. As used in this Act unless the context clearly requires a different meaning: (a) Board shall mean the State Board of Natural Resources. (b) Department shall mean the Department of Natural Resources. (c) Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (d) Owner means a person, other than a lien holder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security. (e) Waters of this State means any waters within the territorial limits of this State, and the marginal sea adjacent to this State and the high seas when navigated as a part of a journey or ride to or from the shore of this State. Provided, however, that this definition shall not include privately owned ponds or lakes, not open to the public. (f) Person means an individual, partnership, firm, corporation, association, or other legal entity. (g) Operate means to navigate or otherwise use a vessel. (h) Operator means the person who operates or has charge of the navigation or use of a vessel.

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(i) Undocumented vessel means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto. (j) Reportable boating accident means an accident, collision or other casualty involving a vessel subject to this Act which results in loss of life, injury sufficient to require first aid or medical attention, or actual physical damage to property, including vessels, in excess of $100. (k) Boat livery means a business which holds any vessel for renting, leasing, or chartering. (l) Dealer shall mean any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. Section 4. Operation of unnumbered vessels prohibited. Every vessel using the waters of this State shall be numbered except those exempted by Section 5 of this Act. No person shall operate or give permission for the operation of any such vessel on such waters unless the vessel is numbered in accordance with this Act or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state and unless: (a) the certificate of number issued to such vessel is on board and in full force and effect and (b) the identifying number set forth in the certificate of number is properly displayed on each side of the forward half of such vessel. Section 5. Exemption from numbering provisions of this Act. A vessel shall not be required to be numbered under this Act if it is: (a) Not motor propelled; provided however, that sailboats 12 feet or more in length shall require registration. (b) Covered by a certificate of number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state,

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provided that such vessel shall not be used on the waters of this State for a period in excess of sixty consecutive days. (c) From a country other than the United States, provided that such vessel shall not be used on the waters of this State for a period in excess of sixty consecutive days. (d) A vessel whose owner is the United States, a state, or a subdivision thereof, used exclusively in the nonrecreation public service and which is clearly identifiable as such. (e) A vessel's lifeboat, if the boat is used solely for lifesaving purposes. This exemption does not include dinghies, tenders, speedboats or other types of craft carried aboard vessels and used for other than lifesaving purposes. (f) A vessel that is used exclusively for racing. (g) A vessel belonging to a class of boats which has been exempted from numbering by the Department after said agency has found that: (1) the numbering of vessels of such class will not materially aid in their identification, and (2) if an agency of the federal government has a numbering system applicable to the class of vessel to which the vessel in question belongs, and (3) the vessel would also be exempt from numbering if it were subject to the federal law. (h) Documented by the United States Coast Guard or a federal agency successor thereto. (i) When operating temporarily by virtue of evidence that a recent application for a certificate of number has been submitted. Section 6. Identification number. (a) Application: The owner of each vessel required to be bumbered by this Act shall file an application for number with the Department on forms approved by it. Upon receipt of the application in approved form, the Department shall enter the same upon its records and issue to the applicant a certificate of number stating the number assigned to the

Page 1431

vessel, the name and address of the owner and such additional information as may be prescribed by regulations of the Department. The owner shall paint on or attach to each side of the forward half of the vessel the identification number in such a manner as may be prescribed by rules and regulations of the Department in order that it may be clearly visible. The number shall be maintained in legible condition and in contrasting color to the hull of the vessel. The certificate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued whenever such vessel is in operation. (b) Payment of fees: Applications shall be signed by the owner (s) of the vessel and shall be accompanied by the proper fee. Fees for numbering vessels for a registration period of three years shall be as follows: (1) Vessels up to 16 feet in length $ 5.00 (2) Vessels 16 to 26 feet in length $12.00 (3) Vessels 26 to 40 feet in length $30.00 (4) Vessels 40 feet in length or longer $50.00 Fees for numbering vessels for an initial registration period of two years shall be as follows: (1) Vessels up to 16 feet in length $ 3.50 (2) Vessels 16 to 26 feet in length $ 8.00 (3) Vessels 26 to 40 feet in length $20.00 (4) Vessels 40 feet in length or longer $33.50 Fees for numbering vessels for an initial registration period of one year shall be as follows: (1) Vessels up to 16 feet in length $ 1.75 (2) Vessels 16 to 26 feet in length $ 4.00 (3) Vessels 26 to 40 feet in length $10.00 (4) Vessels 40 feet in length or longer $16.75

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(c) Change of owner: Should the ownership of a numbered vessel change while the registration is in effect, a new application form with a transfer fee of $1.00 shall be filed with the Department and a new certificate of number shall be issued to the new owner in the same manner as provided for in the original assignment of number. The number assigned shall be identical with the previous one. The year of expiration shall remain the same and the date of expiration shall be determined by the birthdate of the new owner. Should the transfer occur in the year of expiration after the month of the new owner's birth, the prescribed fee for the usual three-year registration must accompany the application for and the $1.00 transfer fee. Should the ownership of a numbered vessel change after the registration has lapsed, a new application form with a transfer fee of $1.00 plus the prescribed fee for the usual three-year registration shall be filed with the Department. A new certificate of number shall be issued to the new owner in the same manner as provided for in the original assignment of number. The number assigned shall be identical with the previous one unless it has been reassigned during the lapsed period. (d) Conformity with federal numbering system. In the event that an agency of the United States Government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this Act by the Game and Fish Division shall be in conformity therewith. (e) Issuing agents: The Department may issue any certificate of number directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he may be allotted a block of numbers and certificates therefor which upon assignment and issue in conformity with this Act and with any rules and regulations of the Department shall be valid as if assigned and issued directly by the Game and Fish Division.

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(f) Numbering records to be public: All records of the Department made or kept pursuant to this Section shall be public records. (g) Registration period: After an initial registration period of one, two or three years, every certificate of number issued to previously unregistered vessels pursuant to this Act shall continue in full force and effect for a period of three years unless sooner terminated or discontinued in accordance with the provisions of this Act. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of same. The Board of Natural Resources shall develop regulations which shall specify which vessels are to be registered for each of the three initial registration periods. (h) Expiration date: The certificate of number of all vessels owned by individuals shall expire on the last day of the month of the owner's birth in the last year of the registration period, beginning in 1974, and after that date shall lapse and no longer be of any force and effect unless renewed pursuant to this Act. The certificate of number of all vessels owned by other than individuals shall expire on December 31 of the last year of the registration period, and after that date shall lapse and no longer be of any force and effect unless renewed pursuant to this Act. Registrations may be renewed 60 days prior to the last day of the month of the owner's birth, and any person, other than a boat dealer, who shall fail to renew any registration within thirty days after expiration shall pay a penalty fee of $2.00 with each application of renewal. (i) Notice of transfer, destruction or abandonment: The owner shall furnish the Department written notice of the transfer of all or any part of his interest other than the creation of a security interest in a vessel numbered in this State pursuant to this Section, or the destruction or abandonment of such vessel within fifteen days thereof. Destruction or

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abandonment shall terminate the certificate of number for such vessel. (j) Change of address: Any holder of a certificate of number shall notify the Department in writing within fifteen days if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the Game and Fish Division with his new address. (k) No other number on bow: No number other than the number validly assigned to a vessel shall be painted, attached, or otherwise displayed on either side of the forward half of such vessel. Section 7. Dealers and Manufacturers. (a) Certificate of Number: Any dealer may obtain certificates of number to be used only for the purpose of testing or demonstrating vessels owned by such dealer. The fee for the first certificate of number issued to any dealer for each vessel classification shall be the same fee as prescribed in Section 5 and the dealer may then be issued additional certificates of number for testing and demonstrating purposes at a reduced fee as provided by the Board. The amount of the reduced fee shall be determined by the Board and shall be a reasonable approximation of the cost of producing and distributing such certificates of number and may be changed from time to time. (b) Transfers: Dealers shall be authorized to transfer certificates of number, issued pursuant to this Section, from one vessel to another vessel in the same classification. (c) Affidavit Required: Dealers desiring such certificates of number shall make application for them on standard vessel registration forms which shall be accompanied by an affidavit stating that he is a vessel dealer or manufacturer. (d) Numbers: Numbers assigned by such certificates shall be temporarily placed on vessels within the certificate's class range whenever such vessels are being tested or demonstrated and must be plainly marked DEALER. Such temporary

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placement of numbers shall be as the Board shall provide by regulation. Section 8. Classification and required equipment. (a) Classification: Vessels subject to the provisions of this Act shall be divided into four classes as follows: Class A Less than 16 feet in length. Class 1 16 feet or over and less than 26 feet in length. Class 2 26 feet or over and less than 40 feet in length. Class 3 40 feet or more in length. (b) Vessel lights: Every vessel in all weathers from sunset to sunrise shall carry and exhibit lights as provided by regulations of the Board. (c) Whistle or horn: Every vessel of Class 2 or 3 shall be provided with an efficient whistle or horn or other sound-producing mechanical appliance capable of producing signals required by the rules for the prevention of collisions as enacted by Congress. (d) Lifesaving devices: (1) Every vessel shall carry, so placed as to be readily accessible, at least one U. S. Coast Guard approved personal flotation device for each person on board. (2) The Board of Natural Resources shall promulgate rules and regulations specifying what type of lifesaving devices may be used. (3) No person may use a vessel upon the waters of this State unless the personal flotation devices as required herein shall be (i) readily accessible, (ii) in good and serviceable condition, (iii) legibly marked with the Coast Guard approval number, and (iv) of an appropriate size for the person for whom it is intended.

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(e) Fire extinguishers: Every mechanically propelled vessel of classes 2 or 3 shall be provided with such number, size, and type of U. S. Coast Guard approved fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the Board, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible. (f) Equipment exemptions in authorized races: The provisions of subsections (c) and (e) of this Section shall not apply to vessels while competing in any race conducted pursuant to Section 16 of this Act or, if such vessels be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. (g) Flame arrestor: Every vessel shall have the curburetor or carburetors of every engine therein, except outboard motors using gasoline as fuel, equipped with an efficient U. S. Coast Guard approved flame arrestor, backfire trap, or other similar device. (h) Ventilation: Every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases. (i) Prohibition against operation of improperly equipped vassel: No person shall operate or give permission for the operation of a vessel which is not equipped as required by this Act or the rules and regulations of the Department made pursuant thereto. Section 9. Boat liveries. (a) Livery record: The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel, the identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least six months.

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(b) Responsibility for required equipment: Neither the owner of a boat livery nor his agent or employees shall permit any vessel to depart from his premises unless it shall have been provided, either by the owner or renter, with the equipment required pursuant to Section 7 of this Act and any rules and regulations made pursuant thereto. Section 10. Muffling devices. The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by an efficient muffling device or system used so as to muffle the noise of the exhaust in a reasonable manner. The use of cut-outs is prohibited, except for vessels competing in a regatta or boat race approved as provided in Section 16 of this Act, and for such vessels while on trial runs, during a period not to exceed forty-eight hours immediately preceding such regatta or race and for such vessels while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following such race or regatta. Section 11. Prohibited operation. (a) Reckless or negligent: No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. (b) Operating under the influence of intoxicants: No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug, barbiturate, marijuana, or other hallucenogenic or dangerous drug. Section 12. Collisions, accidents and casualties. (a) Duty to render assistance and identify vessel and self: It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, to render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and may be necessary in order to save them from or

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minimize any danger caused by the collision, accident, or other casualty, and also to give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. (b) Good Samaritan clause: Any person complying with paragraph (a) of this Section who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act of assistance in providing or arranging salvage towage, medical treatment, or other assistance while the assisting person acts as a reasonably prudent man would have acted under the same or similar circumstances. (c) Accident report required: In the case of a reportable boating accident the operator, or if no operator, the owner of any vessel involved shall file with the Department a full description of the accident including such information as said agency may, by regulation, require. If the operator or owner is incapable of making such report the investigating officer shall submit such reports. (d) Salvage Rights: Any person who fails to salvage any vessel within twelve (12) months after its sinking shall forfeit his ownership to said vessel and any person may salvage and claim such vessel. Section 13. Transmittal of information. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department pursuant to Section 12(c) shall be transmitted to said official or agency of the United States for analytical and statistical purposes. Section 14. Water skis and similar devices. (a) Mirror or observer: No person shall operate a vessel on any of the waters of this State for towing a person or persons on water skis, aquaplane, surfboard, or similar devices

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unless such vessel shall be equipped with a wide angle mirror, or unless there is in such vessel a competent person, in addition to the operator, in a position to observe the person or persons being towed, at all times. (b) Lifesaving devices: No person shall operate any vessel on any of the waters of this State for towing a person or persons on water skis, aquaplane, surfboard, or similar devices, nor shall any person or persons engage in water skiing, aquaplaning, surfboarding, or similar activities unless such person or persons being towed is wearing a ski belt, ski jacket, or some U. S. Coast Guard approved personal flotation device. (c) No skiing sunset to sunrise: No person shall operate a vessel on any waters of this State towing a person or persons on water skis, aquaplane, surfboard, or similar devices, nor shall any person engage in water skiing, aquaplaning, surfboarding, or similar activity at any time between the hours from sunset to sunrise. (d) Performers engaged in authorized activities: The provisions of subsections (a), (b) and (c) of this Section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under Section 16 of this Act. Section 15. Safe operation. (a) Speed: The speed of all vessels shall at all times be regulated so as to avoid danger or injury or damage or unnecessary inconvenience either directly or by the effect of the wash or wave raised by such vessel while in the vicinity of swimming areas, docks, floating boat houses, mored boats or boats engaged in fishing activities. (b) Exceed loading limits: No vessel shall be loaded beyond the recommended capacity. (c) Riding bow or gunwale: No person operating any vessel shall allow any person or persons to ride the bow or gunwale of any vessel, nor shall any person or persons ride on the bow or gunwale of any vessel unless such vessel shall

Page 1440

be equipped with a railing or some other retaining device on the bow or gunwale, so located that any person or persons might hold to such railing or other retaining device to avoid falling or being thrown overboard. For the purposes of this Section, eyes or cleats shall not be considered retaining devices. Section 16. Regattas, races, exhibitions, etc. (a) Regulations, notices, applications: The Department may regulate the holding of regattas, boat races, marine parades, tournaments or exhibitions which, by their nature, circumstance or location will introduce extra or unusual hazards to the safety or life on any waters of this State. The Board may adopt and may from time to time amend regulations concerning the safety of vessels and persons thereon, either observers or participants. Whenever a regatta, boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof, shall at least thirty days prior thereto, file an application with the Department for permission to hold such regatta, race, parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, race, parade, tournament or exhibition, and such other information as the Department may require, and it shall not be conducted without authorization of the Department. (b) Permit by U. S. agency: The provisions of this Section shall not exempt any person from compliance with applicable federal laws or regulations. Section 17. Uniform State waterway marker system. (a) Definitions: (1) Aids to navigation means buoys, beacons, or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels. (2) Regulatory markers means any anchored or fixed marker in or on the water or sign on the shore or on a bridge over the water other than aids to navigation and shall include

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but not be limited to bathing markers, speed zone markers, information markers, danger zone markers, boat keep-out areas, and mooring buoys. (b) State agency may restrict use: The use of public waters may be restricted in certain areas of this State when the Director of the Game and Fish Division of The Department of Natural Resources determines that such restriction is necessary in the interest of public safety. Areas restricted shall be identified by appropriate signs and markers, and all persons shall be required to obey any such signs and/or markers. All such signs and markers shall conform to the system of aids to navigation prescribed by the Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council. (c) Other restrictions prohibited: No city, county or individual may attempt to regulate the public waters of this State by use of the above mentioned signs and markers without the expressed written permission of the Director of the Game and Fish Division of The Department of Natural Resources. (d) Prima facie evidence of negligent operation: The operation of any vessel within prohibited areas that are marked shall be prima facie evidence of negligent operation. (e) Violation of regulatory type markers: It shall be unlawful for a person to operate a vessel on the waters of this State in a manner other than that prescribed or permitted by regulatory markers. (f) Interference with aids or markers: No person shall moor or fasten a vessel to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this Act. Section 18. Local regulations prohibited. (a) The provisions of this Act, and of other applicable laws of this State shall govern the operation, equipment,

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numbering and all other matters relating thereto whenever any vessel shall be operated on the waters of this State or when any activity regulated by this Act shall take place thereon; but nothing in this Act shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the provisions of this Act, amendments thereto, or regulations issued thereunder; provided, that such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this Act, amendments thereto, or regulations issued thereunder. (b) Any subdivision of this State may, at any time, but only after public notice make formal application to the Department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules or regulations necessary or appropriate. Section 19. Safety and educational programs. The Department is hereby authorized to inaugurate a comprehensive boating safety and boating education program, and to seek the cooperation of boatmen, the federal government and other states. The Department may accept monies made available under federal safety programs and may issue safety certificates to persons who complete courses in boating safety education. Section 20. Owner's civil liability. The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel whether such negligence consists of a violation of the provisions of the statutes of this State, or neglecting to observe such ordinary care in such operation as the rules of common law require. The owner shall not be liable, however, unless such vessel is being used with his or her express or implied consent. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. Nothing contained herein

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shall be construed to relieve any other person from any liability which he would otherwise have, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred. Section 21. Authority for regulations. The Board of Natural Resources is hereby authorized to adopt any regulations necessary for the administration and enforcement of this Act. Section 22. Filing of regulations. A copy of the regulations adopted pursuant to this Act, and of any amendments thereto, shall be filed in the office of the Department and in the office of the Secretary of State. Rules and regulations shall be published by the Department in a convenient form. Section 23. Enforcement. (a) Authority to stop and board: Any person empowered to enforce the provisions of this Act and of any rule or regulation adopted pursuant thereto shall have the authority to stop and board any vessel subject to this Act or any such regulation for the purpose of inspection or determining compliance with this Act and is empowered to issue a summons for appearance in court or before a magistrate for all violations of this Act or of the rules and regulations prescribed thereunder. Vessels of law enforcement personnel shall be marked to identify them as designated enforcement vessels. (b) An officer empowered to enforce the provisions of this Act shall have the power: (1) To arrest on view for any violation relating to boating and all rules and regulations prescribed by the Board under the provisions of this Act. (2) To execute all warrants and search warrants for the violations of the boat law and regulations. (3) To serve subpoenas issued for the examination, investigation,

Page 1444

and trial of all offenses against the laws and regulations relating to boats. (4) To board vessels in use for purposes of examining any documents and safety equipment and search without warrant any vessel which is not at its regular mooring or berth, when he believes that any provision of any law of this State or any rule or regulation of the State Game and Fish Division relating to boating has been violated. (5) To detain the vessel and arrest the operator of a suspected stolen vessel. (6) To enter upon any land or water in the performance of his duty. (7) To demand and secure proper assistance in case of emergency. (8) To exercise the powers and duties of peace officers. (c) Vessels required to cooperate: Every vessel subject to this Act if underway and upon being hailed by a designated law enforcement officer shall stop immediately and lay to, or shall maneuver in such a way as to permit such officer to come aboard. (d) Authorization of enforcement officers: Any person employed or elected by this State or a political subdivision thereof, whose duty it is to preserve the peace or to make arrests or to enforce the law, including but not limited to, members of the sheriffs' departments, State Patrolmen and Conservation Officers, are empowered to enforce the provisions of this Act. The State Game and Fish Division of The Department of Natural Resources shall be primarily responsible for enforcement of this Act and the rules and regulations issued thereunder. Section 24. Specific Acts repealed. An Act known as the Georgia Motorboat Numbers Act, approved March 7, 1960 (Ga. L. 1960, p. 235), as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 301), by an Act approved March 24,

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1965 (Ga. L. 1965, p. 251), and by an Act approved March 29, 1968 (Ga. L. 1968, p. 487), is hereby repealed in its entirety. An Act regulating boat traffic upon the fresh waters of this State, approved February 15, 1952 (Ga. L. 1952, p. 281), is hereby repealed in its entirety. An Act making it a misdemeanor for any person operating a boat on the waters of this State while in an intoxicated condition or in a manner which disregards the safety of others, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 55), is hereby repealed in its entirety. Section 25. Penalties. Any person who violates any provision of this Act, or any rule or regulation promulgated thereunder shall be guilty of a misdemeanor and punished as provided by law. Section 26. Effective date. This Act shall become effective on January 1, 1974. Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. CERTAIN LICENSE IN PORTION OF SAVANNAH RIVER BOTTOM GRANTED TO GEORGIA MARINE WAREHOUSE COMPANY. No. 59 (House Resolution No. 234-930). A Resolution. Authorizing the State Properties Control Commission to grant to Georgia Marine Warehouse Company 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 Savannah River Bottom in Chatham County, Georgia, upon payment into the State Treasury of a sum not less than $250.00; and for other purposes.

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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 November 3, 1972, approve the rental for a term of one year to Southeastern Maritime Company or a portion of the Savannah River Bottom channelward of the high water mark in Chatham County, Georgia, and a Rental Agreement therefor was duly executed on February 7, 1973; and Whereas, the term of said Rental Agreement will expire at twelve o'clock midnight on the 31st day of December, 1973; and Whereas, the purpose of said Rental Agreement was to enable Southeastern Maritime Company to construct, operate and maintain a dock facility on said portion of the Savannah River hereinafter described (and on its highland adjacent thereto) for use in anchoring, loading and unloading barges; and Whereas, the construction of said dock facility and certain dredging for navigational purposes on said portion of the Savannah River are the subject of Permits of the United States Army Corps of Engineering designated as Nos. SASKS 074 OYN 00321 and SASKS 074 OYN 000322; and Whereas, Georgia Marine Warehouse Company has succeeded to the rights of Southeastern Maritime Company to the highland and under said Rental Agreement and said Permits of the United States Army Corps of Engineers; and Whereas, except as provided by law, only the General Assembly of Georgia can authorize granting the privilege of using the said real property on a long-term basis and it is made to appear that the granting of the same for a period of twenty-five years by the General Assembly of Georgia would be in public interest.

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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 portion of the hereinafter described tract which lies channelward of the high water mark of the Savannah River: All that certain tract or parcel of real property situate, lying and being in Chatham County, Georgia, described as follows: Beginning at point X=824 994.55 Y=766 939.79, as based on the Georgia Coordinate System, East Zone (Transverse Mercator Projection), and running North 43 19.5[Prime] East a distance of 264.0 feet to a point, which is X=825 172.77 Y=767 240.41; running thence South 46 40.5[Prime] East a distance of 600.0 feet to a point, which is X=825 612.19 Y=765 828.31; running thence south 43 19.5[Prime] West a distance of 264.0 feet to a point, which is X=825 430.77 Y=765 536.66; running thence North 46 40.5[Prime] West a distance of 600.0 feet to the point of beginning; As will more fully appear by reference to that certain plat dated November 21, 1972, made by McArthur Associates Engineers, a copy of which is attached as Exhibit A to the Rental Agreement hereinbefore referred to and on file in the Office of the State Properties Control Commission., to the Georgia Marine Warehouse Company 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 January 1, 1974, 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

Page 1448

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 Savannah River for navigation; and 5. The license agreement shall provide that the rights of the licensee thereunder shall be subordinate to those of 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 which may hereafter determine that it is necessary or desirable to dredge the river bottom of the Savannah River so as to improve the navigational capabilities of the said river, or for other purposes, and that any dredging performed by the licensee under the authority of the license agreement shall be exclusively for navigational purposes, subject to prior approval of the United States Army Corps of Engineers, and no spoilage resulting from such dredging may be sold by the licensee or any person claiming under it. 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 19, 1973.

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WATER RECREATION ACT OF 1973. No. 717 (House Bill No. 397). An Act to regulate massive water-related recreational events that may cause damage to natural resources; to provide a short title; to declare certain findings and policies; to provide definitions; to require permits for massive water-related recreational events; to require bonds for said events; to provide for civil penalties; 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 Water Recreation Act of 1973. Section 2. Findings; declaration of policy. The General Assembly finds that massive water-related recreational events may cause considerable damage to natural resources if improperly handled. It further finds that the increasing popularity of water-related recreation will bring a parallel increase in the number and intensity of such events. The General Assembly declares, therefore, that events of this type must be regulated so as to insure proper handling and minimum damage to natural resources. Section 3. Definitions. For the purposes of this Act, unless the context clearly requires otherwise, the following terms shall have the meanings shown below: (a) Department means the Department of Natural Resources of the State of Georgia. (b) `Water Event' shall mean any advertised event likely to attract five thousand or more people onto state waters other than lakes. Section 4. The person sponsoring a water event shall provide a bond with the Department not to exceed $10,000 issued by a surety company authorized to transact business

Page 1450

in this state. This shall be the only bond required for said water event, and the Department shall be the sole judge as to the performance. Section 5. Nothing in this act shall abrogate any existing rights under Georgia Law entitling a person to bring a civil action for damages to person or property. Section 6. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. GEORGIA BARBER ACT. No. 718 (House Bill No. 415). An Act to create the Georgia State Board of Barbers; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for the continued service of the members of the Georgia State Board of Barbers created by an Act approved April 13, 1971 (Ga. L. 1971, p. 870); to provide for the members of

Page 1451

said Board and their appointment, terms, quorum, qualifications, oaths, compensation, removal and vacancies; to provide for the conduct of business of the Board; to provide for meetings of the Board; to provide for the employment, qualifications, duties and supervision of inspectors; to provide for powers and duties of the Board; to provide that certain rules and regulations shall not be affected by the provisions of this Act; to provide for requirements for barbers' licenses; to provide for exemptions; to provide for requirements for the issuance of a license to teach barbering; to provide for examinations; to provide for licenses for the operation of barber establishments; to provide for barber apprentices and licenses and requirements therefor; to provide for licenses for the operation of barber schools and the requirements therefor; to provide for student licenses for students of barber schools and requirements therefor; to provide for reciprocity; to provide for temporary licenses; to provide for the expiration and renewal of licenses; to provide for the restoration of licenses; to provide for the expiration of suspended licenses; to provide for fees and the requirements for display of licenses; to provide disciplinary sanctions; to provide for injunctive power; to provide for violations; to provide for other matters relative to the foregoing; to provide for severability; to repeal specific laws; 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 Barber Act. Section 2. Declaration of purpose. The Georgia Barber 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 barbering, teaching of barbering, barbers, barber teachers, barber students, barber apprentices, barber establishments and barber schools. Barbering is hereby declared to be affected with the public interest, and this Act shall be liberally construed so as to accomplish the foregoing purpose.

Page 1452

Section 3. Definitions. In this Act the following terms shall have the respective meanings listed in this Section unless the context clearly requires a different meaning. (a) Board means Georgia State Board of Barbers. (b) Barbering means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or mechanical appliances, singeing and shampooing the hair, dyeing the hair, or permanently waving or straightening the hair of any living person for compensation. (c) Barber is any person who practices barbering. (d) Barber apprentice is any person who practices barbering under the constant and direct supervision of a licensed barber. (e) Barber teacher is any person who, for a fee or other compensation, teaches barbering to any other person. (f) Barber school is any premises, not operated as part of the public school system of this State, where barbering is taught for a fee or other compensation. (g) Student means any person enrolled and pursuing a course of study in a licensed barber school. (h) Barber establishment is the immediate premises upon or within which the practice of barbering is carried on. (i) Joint-Secretary means the Joint-Secretary, State Examining Boards of Georgia. (j) License means a valid and current certificate of registration issued by the Joint-Secretary on behalf of the Board which shall give the named person to whom it is

Page 1453

issued authority to engage in the activity prescribed thereon. (k) License means any person holding a license. (l) Person shall mean a human person, not a legal entity. Section 4. Georgia State Board of Barbers created; present members of Board; successors. There is hereby created a Georgia State Board of Barbers. The members of the Georgia State Board of Barbers, created by an Act approved April 13, 1971 (Ga. L. 1971, p. 870), in office on the effective date of this Act shall continue to serve as members of the Board until the expiration of their respective terms or until a vacancy shall exist in their membership on said Board, for any reason. Successors to such members shall be appointed as provided by the provisions of this Act; provided, however, that no person shall be appointed as a member of the Georgia State Board of Barbers if such appointment would result in a Board of more than three members. Section 5. Members of Board; appointment; terms; quorum; business by telephone; removal; vacancies. The Board shall consist of three members, each of whom shall be appointed by the Governor, submitted by a list of three from the three professional barber associations in Georgia and approved by the Secretary of State and confirmed by the Senate for a term of three years. A majority of the Board members shall constitute a quorum for all Board business and, with the exception of hearings in contested cases, may conduct business by conference telephone. The Governor 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 death or resignation, the Governor shall appoint a successor as provided herein to serve the unexpired term. Section 6. Members of Board; qualifications. To be

Page 1454

eligible for appointment as a member of the Board, a person must: (a) be at least 25 years of age; and (b) be a citizen of the United States of America and a resident of the State of Georgia; and (c) hold a barber or barber teacher license; and (d) have had at least five years of practical experience in the practice of barbering immediately preceding his appointment; and (e) not while serving on the Board be a member of or affiliated with any barber school or any business which sells, rents or distributes supplies to barber establishments or barber schools; and (f) not while serving on the Board be a member of the Georgia State Board of Cosmetology. Section 7. Members of Board; oath. Appointees to the Board shall immediately after their appointment take and subscribe to a written oath or affirmation required by law for all public officers. Section 8. Members of Board; minimum-maximum meeting days per year; restricted attendance meetings, Secretary of Board; duties; service upon; affidavits of official records. The Board shall meet at least six days a year, but shall not meet more than 36 days in one year. All meetings shall be open to the public, except that the Board may hold restricted attendance sessions to prepare, give and grade examinations and to deliberate in connection with the decision in a contested case. The Joint-Secretary shall be Secretary of the Board, and, in addition to his duties as prescribed by section 84-101 of the Code of Georgia, as amended, shall perform such other administrative duties as may be prescribed by the Board. 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

Page 1455

at his office in Atlanta, Georgia. All official records of the Board, or affidavits by the Joint-Secretary as to the content of such records, shall be prima facie evidence of all matters required to be kept therein. Section 9. Members of Board; compensation. The members of the Board shall receive $25.00 per day while performing their official duties, in addition to other expenses which may be provided by law. Section 10. Inspectors; employment; qualifications; supervision of. The Secretary of State shall employ and fix the compensation of five full-time inspectors to aid in the enforcement of this Act. To be eligible for employment as an inspector, a person must; (a) hold a valid barber or barber teacher license; and (b) have had at least three years of experience as a barber or barber teacher; and (c) be at least 21 years of age. All inspectors shall be under the direct supervision of the Board and the Joint-Secretary, and they shall serve at the pleasure of the Secretary of State. Section 11. Powers and duties of Board. The Board shall: (a) prepare or approve all examinations of applicants for licenses; and (b) determine the qualifications of and license barbers, barber teachers and students, barber apprentices and persons operating barber establishments and barber schools to engage in these respective activities; and (c) regulate the practice of barbering, teaching of barbering, barbers, barber teachers and students, barber apprentices and persons operating barber establishments and barber schools; and

Page 1456

(d) investigate alleged violations of the provisions of this Act and any other law in this State pertaining to barbering and any rules and regulations adopted by the Board. In order to facilitate this duty, any Board member or inspector shall have the power and right to enter and make reasonable inspection of any barber establishment or barber school during regular business hours; and (e) conduct hearings in accordance with the Georgia Administrative Procedure Act. In order to facilitate this duty, the Board and the Joint-Secretary shall have the power to subpoena throughout the State witnesses, designated documents, papers, books, accounts, letters, photographs, objects or other tangible things; and (f) reprimand any person, or suspend, revoke or cancel the license of, or refuse to grant, renew or restore a license to any person upon any ground specified in this Act; and (g) adopt a seal, the imprint of which together with the authorized signature of either the Joint-Secretary or any 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 maintain a record of all inspections made for a period of two years; 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 barbering, including, but not limited to, rules and regulations prescribing requirements for sanitation in barber establishments and barber schools when these rules have been approved by the State Board of Health. Section 12. Existing rules and regulations not affected. All rules and regulations that have been adopted by the Georgia State Board of Barbers as it existed prior to the effective date of this Act shall continue in full force and effect until modified or repealed.

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Section 13. Requirement of barber license; exemption of other licensed professions and trades. No person shall practice or teach barbering, be a student or an apprentice of barbering, or operate a barber establishment or barber school unless he holds a proper license and continues to comply with the provisions of this Act and all rules and regulations adopted by the Board. Provided, however, that this Act shall not apply to professional and trade activities which are properly conducted under authority of other Georgia licensing laws. Section 14. Requirements for issuance of license to practice barbering. A license to practice barbering shall be issued to any person who: (a) is at least 16 years of age; and (b) has completed the 5th grade of school instruction or its equivalent; and (c) has completed a prescribed course of study of at least 1,500 hours in a licensed or approved barber school, and has subsequently served twelve (12) additional months under the supervision of a barber who has for three (3) years held a master barber license, or has served as an apprentice in a barber establishment for 3,000 hours under the supervision of a master barber; and (d) presents a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board; and (e) satisfactorily passes a written and practical examination prepared or approved by the Board; and (f) All persons making application for examination under this Section shall if free from infectious and contagious disease be allowed to practice the occupation of barbering until the next meeting of said Board held for the examination of applicants, and the Board shall issue a permit authorizing him to so practice said occupation.

Page 1458

Section 15. Requirements for issuance of license to teach barbering. A license to teach barbering shall be issued to any person who: (a) is a high school graduate or its equivalent; and (b) has held a barber license for at least two consecutive years immediately preceding application for a license to teach barbering; and (c) has completed a teacher's training or vocational school course prescribed by the Board in a licensed or approved barber school; and (d) satisfactorily passes a written and practical examination prepared or approved by the Board. Section 16. Examinations. The Board shall examine applicants upon the subjects taught in the licensed barber schools at least once every three months and according to the methods deemed by it to be the most appropriate to test the applicant's qualifications. 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. The Board shall also have the right to establish such norms of achievement as shall be required for a passing grade. Section 17. Barber establishments; requirement for issuance of license to operate. A license to operate a barber establishment shall be issued, renewed or restored to any person who can show that such establishment: (a) provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the Board; and (b) does not train more than two apprentices, each of whom shall be under the supervision of a master barber, at any one time; and (c) does business only at the location shown on the application of license.

Page 1459

Section 18. Barber apprentices; requirements for issuance of license. A license to practice barbering as an apprentice shall be issued to any person who shall furnish the Board: (a) a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed by the Board. (b) evidence that he will practice under the supervision of a licensed barber with at least three years' experience in the practice of barbering. (c) evidence that he has completed the 5th grade of school instruction or its equivalent. Provided, however, that a license to practice barbering as an apprentice shall not be renewed more than three times. Section 19. Barber schools; requirements for issuance of license to operate. A license to operate a barber school shall be issued, renewed or restored to any person who can show that such school: (a) provides a course of study as prescribed by the Board for basic barbering practice; and (b) provides a course of study as prescribed by the Board for the training of barber teachers; and (c) possesses the equipment necessary for the teaching of all courses in the curriculum prescribed by the Board; and (d) is at all times under the constant and direct supervision of a licensed barber teacher; and (e) employes only those barber teachers who are licensed by the Board; and (f) provides at least one barber teacher for each 20 students enrolled; and

Page 1460

(g) keeps a current and accurate record of each student's progress, establishes grades and holds examinations before issuing diplomas; and (h) keeps permanently and conspicuously displayed a sign which informs the public that a barber school is being operated on the premises, which sign shall display the words, Service by Students Only; and (i) requires all teachers while on the school premises to confine their work to instruction and research in the field of barbering. In no event shall a teacher or other person be allowed to practice barbering while on the school premises except for the purpose of demonstration to students; and (j) allows no student to render barbering services to a patron of the school until he has completed a prescribed minimum number of hours in theory and practical work; and in no instance allows its students to collect a fee or other compensation for such services. Provided, however, that nothing in this Section shall affect those students registered in barber schools on the effective date of this Act. Provided, further, that those persons applying for a license to open a new barber school after the effective date of this Act shall in addition to the above requirements: (k) have at least 10 student applications for enrollment in the basic course of barbering. Such students shall not have been enrolled in a licensed barber school within nine months immediately preceding application for a license to operate a barber school. Section 20. Barber schools; requirements for student license; penalty. A student license shall be issued to all students duly enrolled in licensed barber schools who shall furnish the Board:

Page 1461

(a) a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board; and (b) evidence that the student has completed the 7th grade of school instruction or its equivalent. No credit shall be given to any student for any period of time during which he is not licensed by the Board. Section 21. Reciprocity. Any person shall obtain a certificate of registration under the provisions of this Act who makes application to the Georgia State Board of Barbers through the Joint-Secretary, State Examining Boards, pays a fee of thirty ($30.00) dollars to the Joint-Secretary and meets the following qualifications: (a) is free from infectious and contagious disease at the time of filing said application; (b) is a resident of this State; (c) has held a license or certificate of registration as a master barber or the equivalent thereto for five years from another state which has substantially the same requirements for licensing and registering barbers as required by this Act. Section 22. Temporary licenses. The Board shall have the authority to issue temporary licenses to licensed barbers and teachers from other states and countries to teach and demonstrate the art of barbering. Such temporary licenses shall be restricted to prescribed dates and places, but in no instance shall be valid for more than five days. Section 23. Expiration and renewal 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. All students and persons who practice barbering shall furnish with their renewal application a certificate

Page 1462

of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board. Section 24. Expiration of licenses; restoration; new license. A license which has expired for failure to renew may be restored after application and payment of the prescribed restoration fee. All students and persons who practice barbering shall furnish with their application for restoration of license a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board. Section 25. Expiration of suspended licenses. A suspended license is subject to expiration and must be renewed or restored as provided in this Act during the term of suspension. Section 26. Fees. The Board is empowered to establish and charge reasonable fees for the administration of examinations, registration of shops and schools, 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 27. Display of licenses. Every person holding a license issued by the Board shall display it in a conspicuous place in his school, place of business or employment. Section 28. Disciplinary sanctions; grounds; restoration. The Board, acting upon its own knowledge or written and verified complaint filed by any person, shall have the power to reprimand, or 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) the commission of any false, fraudulent or deceitful act or the use of any forged, false or fraudulent document in connection with the license requirements of this Act or the rules and regulations of the Board; or

Page 1463

(b) failure at any time to comply with the requirements for a license under the provisions of this Act; or (c) the practice of barbering under a false or assumed name; or (d) habitual intemperance in the use of alcoholic spirits, narcotics or stimulants to such an extent as to render the licensee unsafe or unfit to practice or teach barbering; or (e) suffering any physical disease or mental disability which renders the licensee unfit to practice or teach barbering; or (f) engaging in any dishonorable unethical conduct likely to deceive, defraud or harm the public; or (g) knowingly performing any act which in any way assists an unlicensed person to practice or teach barbering; or (h) violating directly or indirectly, or assisting in or abetting the violation of, any provision of this Act, or any rule or regulation of the Board. Provided, however, that the Board for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked. Section 29. Injunctive power. The practice or teaching of barbering and the operation of barber schools and barber establishments are declared to be activities affecting the public interest and involving the health, safety and welfare of the public. Such activities when engaged in by a person who is not licensed are declared to be a public nuisance, harmful to the public health, safety and welfare. The Board of 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

Page 1464

order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law. Section 30. Violations; penalty. It shall be unlawful for any person to violate any provision of this Act regulating the occupation of barbering, and any person convicted of such violation shall be punished as for a misdemeanor. Section 31. Severability. In the event any part of this Act should be adjudged invalid or unconstitutional, such adjudication shall not affect any other part of this Act. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part was invalid. Section 32. Specific repealer. An Act regulating the occupation of barbering and creating the Georgia State Board of Barbers, approved March 11, 1963 (Ga. L. 1963, p. 56), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 603), an Act approved March 10, 1966 (Ga. L. 1966, p. 312), an Act approved April 11, 1967 (Ga. L. 1967, p. 474), and an Act approved March 27, 1968 (Ga. L. 1968, p. 421), is hereby repealed in its entirety. Section 33. Specific repealer. An Act creating the Georgia State Board of Barbers, approved April 13, 1971 (Ga. L. 1971, p. 870), is hereby repealed in its entirety. Section 34. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. CONVEYANCE OF LAND TO JOHN A. CODY CONDITIONALLY AUTHORIZED. No. 63 (House Resolution No. 268-1017). A Resolution. Authorizing the conveyance of certain real property and the acquisition of certain other real property located in

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Habersham County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of a certain tract or parcel of real property located in Habersham County, Georgia, which tract or parcel of property is more particularly described as follows: Beginning at a concrete monument on the original line of land lots 85 and 116 of the 11th. land district and being located approximately N0500[prime]W 545[prime] from the intersection of the line between the 10th land district and the 12th. land district with the 11th. land district, thence S8747[prime]E 475.9[prime] to a concrete monument located on the right-of-way of Georgia highway 197; thence along said right-of-way the following courses and distances, N 0054[prime]W 275.9[prime], N02:14[prime]E 188.0[prime] to a concrete monument, thence along the South side of an 80[prime] wide tract retained by North Georgia Technical and Vocational School for access purposes to other lands of said North Georgia Technical and Vocational School N4637[prime]W. 416.5[prime] to a concrete monument and being a corner common with other lands of North Georgia Technical and Vocational School, thence S 3802[prime]W 616.4[prime] to a concrete monument and being a corner common with North Georgia Technical and Vocational School and Bessie Barron, thence S37 12[prime]E. 87.2[prime] to a concrete monument corner common to Bessie Barron and Bethlethem Cemetery, thence S40 37[prime]E 232.3[prime] to the point of beginning, and being 7.84 acres, and being bounded on the South by Bethlehem Cemetery, on the East by Georgia highway 197, on the North by North Georgia Technical and Vocational School, on the West by Bessie Barron and Bethlehem Cemetery. This tract is located in land lots 85 and 116 of the 11th. land district and is more particularly shown and described on a certain February 8, 1973, plat of survey prepared by Hubert Lovell, Georgia Registered Land Surveyor No. 1553 and entitled PROPERTY OF STATE OF GEORGIA NORTH GEORGIA TECHNICAL VOCATIONAL SCHOOL HABERSHAM COUNTY, GEORGIA. Whereas, said property owned by the State of Georgia

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is under the custody and control of the State Board of Education and is a part of the property of the North Georgia Technical and Vocational School; and Whereas, said property is not needed or used by the State Board of Education or the North Georgia Technical and Vocational School and, is therefore, surplus; and Whereas, Mr. John A. Cody is the owner of a certain tract or parcel of real property located in Habersham County, Georgia, which tract or parcel of property is more particularly described as follows: Beginning at a concrete monument on the original land lot line of land lots 85 and 84 of the 11th. land district and being located S3025[prime]E 758.0[prime] from the original corner of land lots 83, 84, 85 and 86; thence along said original line of land lots 84 and 85 N3025[prime]W 359.8[prime] to a point where said original line crosses the right-of-way of Georgia highway 197; thence along and with the East right-of-way of highway 197 the following courses and distances; S 0142[prime]W 150.5[prime], S 0738[prime]W 53.5[prime]; thence leaving said right-of-way the following courses and distances along an old road, S1534[prime]E 231.7[prime], S1037[prime]E 165.4[prime] to a concrete monument, S0825[prime]E 150.6[prime] to a concrete monument, S0928[prime]W 72.5[prime] to a point located N8655[prime]E 11.35[prime] from a concrete monument on the West bank of said old road; thence leaving said old road the following courses and distances; N8655[prime]E 197.5[prime] to a point S6001[prime]E 120.2[prime]; S5242[prime]E 108.3[prime], S5943[prime]E 113.3[prime] to a concrete monument located on the original line of land lots 84 and 85; thence N3025[prime]W along said original land lot line 778.8[prime] to the point of beginning, and being 3.92 acres, and being bounded on the East by lands of North Georgia Technical and Vocational School, on the North by Georgia highway 197, on the West by other lands of North Georgia Technical and Vocational School, and on the South by Northside Heights Subdivision. The said John A. Cody property being more particularly shown and described on a certain February 8, 1973, plat of survey prepared by Hubert Lovell, Georgia Registered Land Surveyor No. 1553 and entitled PROPERTY OF

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JOHN A. CODY, HABERSHAM COUNTY, GEORGIA. Whereas, said property owned by Mr. Cody is located on the campus of the North Georgia Technical and Vocational School between certain portions of said campus; and Whereas, being so located, said property owned by Mr. Cody prevents the orderly use and development of surrounding property of said North Georgia Vocational and Technical School; and Whereas, a qualified real estate appraiser has estimated that the hereinabove described tract or parcel of property owned by Mr. Cody has a fair market value substantially equal to the fair market value of the hereinabove described tract or parcel of property owned by the State; and Whereas, Mr. Cody has expressed a willingness to convey to the State said property owned by him in exchange for the conveyance to him of said property owned by the State; and Whereas, such exchange of said properties would be in the best interests of the State of Georgia, and would involve only administrative expenses to the State. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized and directed to make a full investigation (which shall include, but not be limited to, a title investigation) of the tracts or parcels of real property hereinabove described in this Resolution. Be it further resolved that if there is a finding by the State Properties Control Commission that the hereinabove described exchange of properties would be in the best interests of the State, then the State Properties Control Commission, by its Chairman, acting for and on behalf of and in the name of the State of Georgia, is hereby empowered

Page 1468

and authorized to convey by fee simple deed without warranty to Mr. John A. Cody the hereinabove described tract or parcel of real property owned by the State for and in consideration of the conveyance by general warranty deed to the State of Georgia of the hereinabove described tract or parcel of real property owned by Mr. John A. Cody. Approved April 19, 1973. GEORGIA ANIMAL IMPORTATION ACT. No. 719 (House Bill No. 444). An Act to be known as the Georgia Animal Importation Act; to provide for definitions; to prohibit the importation, transportation, possession, sale or release of any wild animal except under the provisions of this Act; to prohibit the release of any live wild animal within this State; to provide for confinement and inspection of certain wild animals; to provide for the disposition of diseased animals and animals imported, transported, possessed, sold or released in violation of this Act; to create the Wild Animal Criteria Committee; to provide for the establishment of standards relating to the housing, handling, care, treatment and transportation of wild animals; to provide for the establishment of a list of those wild animals which may or may not be imported, transported, possessed, sold, or released alive within this State; to provide for the issuance of permits to import, transport, possess or sell wild animals in this State; to provide for fees for such permits; to provide for the promulgation of regulations; to provide a penalty for violation of this Act; to provide for severability; to repeal conflicting laws; to provide for an effective date; and, for other purposes. LEGISLATIVE INTENT Whereas, man has displayed both fear for and a curiosity of wild animals for hundreds of years, and

Page 1469

Whereas, this fear and curiosity has spawned numerous exhibitions of wild animals, both large and small, and has generated today's booming pet trade, and Whereas, the climate and environment of Georgia is conducive to the proliferation of certain species of animals which could: (1) present a threat to human health and safety; (2) provide competition for native wildlife; (3) become agricultural pests, or, (4) introduce disease into our native wildlife, and Whereas, the General Assembly of Georgia is deeply interested in protecting our citizens, our agricultural industry, and our wildlife resources from undesirable or dangerous species of animals; Now, therefore, Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act unless the context clearly requires a different meaning: (a) Wild animal means any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), walking catfish, or class Gastropoda (slugs and snails) which is not normally domesticated in this State. Definitions. (b) Division means the Game Fish Division of the State Department of Natural Resources. (c) Committee means the Wild Animal Criteria Committee. (d) Wholesale dealer means any person who imports, transports or possesses any wild animal for the purpose of resale to a retail dealer, exhibitor, or research facility. (e) Retail dealer means any person who imports, transports or possesses any wild animal for the purpose of sale to the public.

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(f) Person means any individual, partnership, firm, corporation, association or other entity. (g) Conservation ranger means any person authorized by the Department of Natural Resources to enforce laws relating to natural resources. (h) Approved quarantine facility means any facility approved by the Division for the quarantine confinement of wild animals. (i) Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage or compartment within a quarantine facility. (j) Housing facility means any room, building, or area used to contain a primary enclosure or enclosures or enclosures during the required period of quarantine. (k) Euthanasia means the humane destruction of an animal accomplished by a method that brings about instantaneous unconsciousness and death. Section 2. (a) It shall be unlawful for any person to import, transport, possess, sell, or release alive into this State, any wild animal, except as provided in this Act and regulations promulgated hereunder; provided however, that this Act shall not apply to confined wild animals while in transit in interstate commerce. Violations. (b) No person having possession or control over any wild animal shall intentionally free, or knowingly permit the escape, or release of such wild animals, except in accordance with the provisions of this Act or regulations promulgated hereunder. (c) Any person who transports, receives, or imports into this State, or transports within this State any live wild animal which requires a permit for such importation or transportation, shall hold said animal in an approved quarantine facility and immediately notify the nearest conservation

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ranger of the arrival thereof. If there is found in any shipment any species not specified in the permit issued under this Act, or more than the number of any species specified, said wild animal shall be declared contraband and seized and disposed of as ordered by the Director of the Division. (d) If during inspection, upon arrival, any wild animal is found to be diseased, or there is reason to suspect the presence of disease, which is or may be detrimental to agriculture, to native wildlife, or to the public health or safety, the diseased wild animal, and if necessary, the entire shipment shall be euthanized by, or under the supervision of the Division, unless no detriment can be caused by its detention in quarantine for such time and under such conditions as shall be satisfactory to the Division for disinfection, treatment, or diagnosis, or no detriment can be caused by its return to point of origin at the option and expense of the owner or consignee. (e) Whenever any wild animal is brought into this State under permit as provided in this Act, authorized employees of the Division shall, from time to time, examine the conditions under which such species is kept, and report to the Division any suspicion or knowledge of any disease or violation of the conditions of the permit or the regulations promulgated under the provisions of this Act. The Division may order the euthanasia of such species or the correction of the conditions under which the species is being kept if not in conformance with the terms of the permit, at the expense of the owner or consignee. Section 3. (a) There is hereby created a Wild Animal Criteria Committee which shall be composed of: (1) The Commissioner of Agriculture or his permanently designated alternate; (2) The Commissioner of the Department of Human Resources or his permanently designated alternate; (3) The Commissioner of the Department of Natural Resources or his permanently designated alternate; (4) A zookeeper employed in the State of Georgia who shall be selected by the other three members of the committee. This Committee shall call upon such expertise as it deems necessary.

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The Committee shall select one of its members as chairman and shall meet upon call of the chairman or upon the call of a majority of its members. Criteria committee. (b) The Committee shall develop standards relating to the housing, handling, care, treatment, sale and transportation of wild animals. (c) Standards developed by the Committee shall be conveyed to the Board of Natural Resources who shall, at their next meeting, promulgate said standards as official regulations of the Board of Natural Resources. Such standards, when so promulgated by the Board of Natural Resources shall have the force and effect of law. (d) The Committee shall establish and shall publish from time to time, as changes arise, a list of those wild animals which may be imported, transported, possessed, or sold without a permit, those wild animals which may be imported, transported, possessed, or sold only by permit as provided herein, and a list of those wild animals which may not be imported, transported, possessed or sold under any conditions within this State. (e) The Division shall issue permits for the importation, transportation, sale or possession of approved wild animals within this State; provided however, that wholesalers and retailers licensed under subsection (g) below shall not be required to obtain such permits. Permits shall be issued only upon receipt of a written application on forms provided by the Division. (f) Individuals may import, transport, possess or sell those wild animals for which a permit is required only upon receipt of a permit from the Department of Natural Resources. Such permit shall be granted subject to the standards developed by the Wild Animal Criteria Committee and shall be revoked upon violation of any provisions of this Act or any standard or regulation promulgated hereunder. Each person obtaining a permit shall: (1) Pay a fee of $5 for each wild animal.

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(2) Report to the Division at least 72 hours in advance of arrival the date, time and location that any import is to arrive within this State; or, date, time and location that any wild animal is to be shipped or transported from and the name and address of the person to whom the shipment is being made; or, the name and address of any person to whom any wild animal is sold. (g) Wholesale or retail dealers may import, transport, possess or sell approved wild animals upon receipt of a wholesale dealers license from the Department of Natural Resources. Such license shall be granted subject to the standards developed by the Wild Animal Criteria Committee and shall be revoke upon violation of any provision of this Act or any standard or regulation promulgated hereunder. Wholesale or retail dealers shall: (1) Pay an annual license fee of $25. (2) File a monthly report with the Division listing all wild animals imported and sold during the preceding month. Said report shall include information showing the name and address of the person from whom each wild animal imported was obtained and the species sold and name and address of the person to whom all sales were made during the month. All such reports shall be submitted by the 10th of the following month. Failure to submit such a report shall be unlawful and shall cause the revocation of the dealer's license. (3) Import, transport or sell only those species approved under the provisions of this Act, and only after being licensed to do so. (4) Meet all conditions which are attached to and made a part of the license. (h) Each application for an individual permit to import, transport or sell shall include: (1) The number and true scientific name of each species of wild animal for which a permit is requested.

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(2) The carrier and probable point of first arrival in this State of each shipment coming into this State. (3) The purpose for which the wild animals are to be imported or transported. (4) The name and address of the consignee. (5) The name and address of the shipper. (i) Each individual permit issued shall set forth all of the following: (1) The number and true scientific name of the species of wild animal for which the permit is granted. (2) A statement of the manner and conditions under which the entry of such species is permitted. (3) A statement of the conditions under which the species shall be kept during transportation or after importation. (j) Whenever any permit is issued under the provisions of this Act, one copy shall be furnished to the consignee, one copy to the shipper and one copy shall accompany each shipment of wild animals. (k) It shall be unlawful for any person to import, transport, possess or sell any wild animal for which a permit is required without first obtaining that permit, and no person shall import, transport, possess or sell any wild animal except in accordance with the conditions of the permit. Section 4. (a) Any wild animal brought into this State or transported or possessed within this State in violation of any provision of this Act or any standards or regulations promulgated hereunder may, upon notice of the Division, be shipped out of the State, returned to the point of origin, or euthanized within the time specified in said notice, at the option of the owner or consignee. Violations, options.

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(b) The exercise of any such option shall be under the direction and control of the Division and at the expense of the owner or consignee. If the owner or consignee fails to exercise such option within the time specified in the notice, the Division shall immediately seize and dispose of any such wild animals as Director of the Division shall order. Such disposal shall be made at the expense of the owner or consignee. (c) Any wild animal prohibited entry into this State under the provisions of this Act or any regulation promulgated thereunder, or for which permits are denied, found in the possession of any person, shall be seized and disposed of as ordered by the Director of the Division. (d) Whenever any wild animal for which a permit has been issued under the provisions of this Act or any regulation promulgated thereunder, is found at large or not kept in confinement in accordance with the provisions of the permit, it shall be summarily destroyed by the Division. Section 5. The Board of Natural Resources shall promulgate regulations necessary to implement the provisions of this Act. Rules. Section 6. Any person violating any provision of this Act, or any regulation promulgated thereunder shall, upon conviction be guilty of a misdemeanor and punished as provided by law. In addition to any criminal penalties imposed, such person shall also forfeit any licenses or permits held under the provisions of this Act and shall not be eligible to receive any such licenses or permits until after the expiration of twelve months from the date of the revocation or forfeiture of such licenses or permits. Penalty. Section 7. Any laws or parts of laws in conflict with this Act, or any part thereof, is hereby repealed. Section 8. Should any clause, sentence, paragraph, section or part of this Act, for any reason, be adjudged by any court of competent jurisdiction to be invalid for any reason, such judgment shall not affect, impair or invalidate

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the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgement shall have been rendered. The General Assembly hereby declares that it would have enacted the remaining provisions of this Act had it had knowledge of the invalidity of the part so held to be invalid. Severability. Section 9. This Act shall become effective upon the approval of the Governor, or upon its otherwise becoming law without his approval. Effective date. Approved April 19, 1973. MINIMUM FOUNDATION PROGRAM OF EDUCATION STUDY COMMITTEE CREATED. No. 64 (House Resolution No. 293-1118). A Resolution. Creating the Minimum Foundation Program of Education Study Committee; and for other purposes. Whereas, the State of Georgia must depend upon its present system of public education to insure its further growth and development; and Whereas, a paramount issue facing the General Assembly is the elimination of any inequities in the present Minimum Foundation Program of Education Act. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Minimum Foundation Program of Education Study Committee to be composed of twenty-seven members to be selected as follows: five members of the Senate, one of whom shall be the Chairman of the Elementary and Secondary Education Committee, and one of whom shall be the Chairman of the Vocational and Technical Education Committee,

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and three to be appointed by the President of the Senate; five members of the House of Representatives, one of whom shall be the Chairman of the Education Committee, and one of whom shall be the Chairman of the Subcommittee on Vocational Education, and three to be appointed by the Speaker of the House of Representatives; nine to be appointed by the Governor, one of whom shall be a graduate of a Georgia public high school and shall be currently attending a college or university within the State; the State Superintendent of Schools or his designee; the Chairman of the State Board of Education or his designee; the President of the Georgia Association of Educators, or his designee; the President of the Georgia Association of School Superintendents, or his designee; the President of the Georgia School Boards Association, or his designee; the President of the Georgia Association of Classroom Teachers, or his designee; the President of the Georgia Congress of Parents and Teachers, or his designee; and the President of the League of Women Voters of Georgia, or her designee. The Committee shall be authorized to review and evaluate the Minimum Foundation Program of Education Act and other State statutes affecting the public schools of Georgia and to recommend ways and means of adding to, modifying, and/or eliminating any provisions, any laws, or sections of laws for the purpose of modifying public education in the State. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each legislative member of the Committee shall receive the expenses and allowances authorized by law for members of legislative interim committees for service on the Committee. The State Officer and employee members of said Committee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The remaining members of the Committee shall receive no compensation from State funds for their services.

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The funds necessary for the reimbursement of the expenses of said State Officer and employee members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations to the 1974 session of the General Assembly on or before December 31, 1973, at which time the Committee shall stand abolished. Approved April 19, 1973. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDYEAR-ROUND OPERATION OF SCHOOLSPROVISIONS CHANGED. No. 720 (House Bill No. 480). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to change the provisions relative to year-round operation of schools; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking section 27 in its entirety and substituting in lieu thereof a new section 27 to read as follows: Section 27. Year-round Operation of Schools. In order to promote greater efficiency and savings through better utilization of existing school facilities, the State Board of Education is hereby authorized, to the extent that funds may be available for this purpose, to develop and provide for implementation of a plan for operation of public schools

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on a year-round basis throughout the State, or in any local unit of administration; provided, however, a request for such funds is made by the local unit of administration. Upon implementation of such program on a Statewide basis or in any particular local unit of administration, State funds shall be made available to all local units or to the particular local unit, as the case may be, for such purposes on the same basis and at the same ratio at which State funds were made available to the local unit during the preceding school year in support of the calculated cost of providing a minimum foundation program of education in the local unit; provided, however, the State Board of Education shall be authorized to allocate funds to a local unit of administration for any 180 days of official attendance for enrolled students if a State Board approved comprehensive program is being provided on all such official attendance days. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973. CONVEYANCE OF LAND TO E. L. CURTIS AND/OR HIS WIFE AUTHORIZED. No. 66 (House Resolution No. 318-1197). A Resolution. Authorizing the conveyance of certain state-owned real property located in Coffee County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of certain real property located in Coffee County, Georgia, which is currently under the control and jurisdiction of the Georgia Department of Natural Resources, Division of Parks and Recreation; and Whereas, said real property is a portion of General

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Coffee State Park in Coffee County, Georgia, described to wit: All that strip or parcel of land in the Sixth Land District of Coffee County, Georgia, being a portion of Tract No. 1 shown on a plat of survey by Harold G. Harper, Georgia Registered Land Surveyor No. 1051, dated January 22, 1968, and recorded in Plat Book 6, page 105 in the Office of the Clerk of the Superior Court of Coffee County, Georgia, which strip of land has a width of 24 feet and a length of 296 feet, more or less, containing 0.16 acres, more or less, running parallel to the east line of Land Lot 315 of the said Sixth Land District of Coffee County, Georgia. The said strip of land is to be more accurately and particularly shown on a plat of survey to be prepared.; and Whereas, the above-described real property is no longer needed by the Georgia Department of Natural Resources, Division of Parks and Recreation and the State of Georgia and is, therefore, surplus; and Whereas, the owner of the adjoining property, Mr. E. L. Curtis, is desirous of obtaining said tract of land for the purpose of providing access between pasture lands for his livestock and is willing to convey unto the State of Georgia an equal amount of land adjoining another portion of General Coffee State Park so that no reduction in size of said Park shall result by virtue of the conveyance of the above-described property by the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract or parcel of land subject to the following conditions: (1) that said tract or parcel of land be conveyed to Mr. E. L. Curtis and/or his wife, jointly or to either individually as they may direct; and (2) that the conveyance of the said tract of land shall

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be approved by the State Properties Control Commission or its successor; and (3) that the consideration for said conveyance shall be a conveyance to the State of Georgia of fee simple interest in an equal area of land adjoining General Coffee State Park, which conveyance shall also be approved by the State Properties Control Commission or its successor; and (4) that plats of survey of the parcels involved be prepared prior to the execution of a conveyance of the State's interest in said property or acceptance by the State of any substitute property and the cost of said surveys be borne by Mr. E. L. Curtis. Approved April 19, 1973. JOINT-SECRETARY OF STATE EXAMINING BOARDSAUTHORIZED TO DETERMINE EXPIRATION DATE OF LICENSES, ETC. Code 84-104 Amended. No. 721 (House Bill No. 695). An Act to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 505), so as to allow the Joint-Secretary to determine the expiration, renewal and penalty dates for each license and certificate issued by the State Examining Boards through the office of the Joint-Secretary; to authorize the Joint-Secretary to adopt rules and regulations to implement the issuance and renewal of biennial licenses and certificates; to provide for renewal fees for biennial 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, relating to the Joint-Secretary of State Examining Boards, as amended, particularly

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by an Act approved March 27, 1972 (Ga. L. 1972, p. 505), is hereby amended by striking Code section 84-104 in its entirety and inserting in lieu thereof a new Code section 84-104, to read as follows: 84-104. (a) The Joint-Secretary, State Examining Boards, shall determine the expiration, renewal and penalty dates for each license and certificate issued by the State Examining Boards through the office of the Joint-Secretary, State Examining Boards, which is subject to renewal. Before becoming effective, these expiration, renewal and penalty dates must be approved by the respective State Examining Boards. Code 84-104 amended. (b) By December 31, 1974, each license and certificate issued by the State Examining Boards through the office of the Joint-Secretary, State Examining Boards, which is subject to renewal, shall be valid for up to two years and shall be renewed biennially on the renewal date established by the Joint-Secretary, State Examining Boards, as approved by the respective State Examining Boards. (c) The Joint-Secretary, State Examining Boards, is hereby authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner that the number of renewals is reasonably evenly distributed throughout each two-year period. (d) At such time that a license or certificate is first scheduled for biennial renewal, the renewal fee associated with that license or certificate shall become double the amount presently required by law for one year. Section 2. This Act shall become effective upon its approval by the Goverior or upon its becoming law without his approval and shall apply to all licenses and certificates issued or renewed by the State Examining Boards on or after that date. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973.

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DEPARTMENT OF NATURAL RESOURCESCONSERVATION RANGERS AUTHORIZED, ETC. No. 722 (House Bill No. 799). An Act to authorize the Commissioner of the Department of Natural Resources to appoint conservation rangers; to authorize the Board of Natural Resources to appoint deputy conservation rangers; to provide for powers and duties for such conservation rangers and deputy conservation rangers; to provide for compensation for such conservation rangers; to provide for rules and regulations; to provide for additional powers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Conservation Rangers. The Board of Natural Resources shall have the power to adopt rules and regulations concerning qualifications, appointments, badge, oath of office, and other matters pertaining to a uniformed division to be known as conservation rangers. The Commissioner of Natural Resources shall have the power to appoint conservation rangers of the State-at-large, of such number as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the Department of Natural Resources. Section 2. Deputy Conservation Rangers. The Board of Natural Resources shall have the power to appoint deputy conservation rangers. No deputy conservation rangers may be appointed without actual duties relating to the protection of natural resources. Deputy conservation rangers shall have all or part of the powers and duties of conservation rangers, as assigned by the Board of Natural Resources. Deputy conservation rangers shall receive no compensation for their services. The

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Board of Natural Resources is hereby authorized to appoint such number of deputy conservation rangers as may be necessary to carry out the duties assigned to them. Section 3. Powers of Conservation Rangers. Conservation Rangers shall have the power and authority: (a) To enforce all State laws on all property owned or controlled by the Department of Natural Resources. (b) To enforce all State laws pertaining to functions assigned to the Department of Natural Resources. (c) To enforce any State law when the violation of that law is committed in conjunction with a violation of a State law pertaining to functions assigned to the Department of Natural Resources. (d) To enforce any State law when ordered to do so by the Governor, or protect any life or property when the circumstances demand action. Section 4. Additional Powers, References to Law Enforcement Personnel. In addition to the powers enumerated above, conservation rangers shall have all the powers previously vested in any other law enforcement officers within the Department of Natural Resources. Unless inconsistent with this Act, whenever any statute pertaining to any agency whose functions are assigned to the Department of Natural Resources refers to law enforcement personnel of that agency, that reference applies to conservation rangers, as created by this Act. Section 5. Effective date. This Act shall become effective 60 days after its being approved by the Governor or upon its becoming law without his approval. Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1973.

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1973 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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UNIFIED JUDICIAL SYSTEM. Proposed Amendment to the Constitution. No. 8 (Senate Resolution No. 11). A Resolution. Proposing an amendment to the Constitution so as to provide that all courts of the State shall be a part of one unified judicial system; to provide that the administration of the unified judicial system shall be as provided by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section I of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be designated Paragraph II, to read as follows: Paragraph II. Unified Judicial System. For the purposes of administration, all of the courts of the State shall be a part of one unified judicial system. The administration of the unified judicial system shall be as provided by law. As used herein, administration does not include abolition or creation of courts, selection of judges, or jurisdictional provisions other than as otherwise authorized in this Constitution. The administration provided herein shall only be performed by the unified judicial system itself and shall not be administered to or controlled by any other department of Government. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to provide that all courts of the State shall be a part of one unified judicial system and to provide that the administration of the unified judicial system shall be as provided by law? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. OCONEE COUNTYTRAFFIC REGULATION OF CERTAIN ROADS BY COUNTY AUTHORIZED. Proposed Amendment to the Constitution. No. 67 (Senate Resolution No. 112). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Oconee County to regulate pedestrian and vehicular traffic upon roads within the county which are maintained either wholly or in part from the funds of Oconee County; to provide that the violation of such regulations and ordinances shall be punished as for a misdemeanor; to provide that the trial of such violations shall be in the Court of Ordinary of Oconee County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the

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Constitution is hereby amended by adding at the end thereof the following: The Board of Commissioners of Oconee County is hereby authorized to regulate pedestrian and vehicular traffic upon roads within the county which are maintained either wholly or in part from the funds of Oconee County. The Board of Commissioners is hereby authorized to adopt such regulations and ordinances as they shall deem necessary and proper, acting in their sole discretion, to accomplish such purpose. Such regulations and ordinances may include, but shall not be limited to, the setting of speed limits on such roads, the designation of school zones with varying speed limits during school hours, the designation of turn lanes, through lanes and weight limits and the regulation or prohibition of the parking of vehicles on any such roads. The violations of such ordinances and regulations shall be punished as for a misdemeanor; provided, however, that the Board of Commissioners may establish, by ordinance or regulation, lower maximum punishments for such violations or for any type of violation. The trial of all violations of any regulations or ordinances promulgated and adopted pursuant to the provisions of this Paragraph shall be in the Court of Ordinary of Oconee County. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the Board of Commissioners of Oconee County to regulate pedestrian and vehicular traffic upon roads within the county which are maintained either wholly in part from the funds of Oconee County? All persons desiring to vote in favor of ratifying the

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proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. STATE COURT OF CLAIMS. Proposed Amendment to the Constitution. No. 68 (House Resolution No. 27-98). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to create a State Court of Claims; to confer upon the Supreme Court and Court of Appeals original jurisdiction to try, review, and correct errors of law from such State Court of Claims; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section II of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to be known as Paragraph X and to read as follows: Paragraph X. State Court of Claims; jurisdiction; appeals. The General Assembly is hereby authorized to create and establish a State Court of Claims with jurisdiction to try and dispose of cases involving claims for injury or damage, except the taking of private property for public purposes, against the State of Georgia, its agencies or political subdivisions, as the General Assembly may provide by law. Notwithstanding any other provision of this Constitution, the General Assembly may provide for exclusive jurisdiction over such cases in the State Court

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of Claims, provide for trial of such cases without a jury, and prescribe the place and manner in which such cases may be brought and tried. The Supreme Court and the Court of Appeals shall have original jurisdiction to try and correct errors of law from such State Court of Claims according to the method of appeal to said courts now provided for or as may hereafter be provided by law. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is now or may hereafter be provided by act of the General Assembly. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to create and establish a State Court of Claims whereby persons who have suffered injury or damage caused by the State, its agencies or political subdivisions, shall have a means of obtaining relief therefor, and to provide that the Supreme Court and the Court of Appeals of Georgia shall have original jurisdiction to try and correct errors of law from such State Court of Claims? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CITY OF ATLANTACERTAIN HOMESTEAD EXEMPTION AUTHORIZED FOR CERTAIN RESIDENTS. Proposed Amendment to the Constitution. No. 69 (House Resolution No. 69-215). A Resolution. Proposing an amendment to the Constitution so as to grant a homestead exemption of $5,000.00 for certain residents of the City of Atlanta; to grant a homestead exemption of $10,000.00 for certain other residents of the City of Atlanta; to provide that said homestead exemptions shall be applicable to certain ad valorem taxes levied by the City of Atlanta; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. An amendment to Article VII, Section I, Paragraph IV of the Constitution ratified on November 7, 1950 (Ga. L. 1950, p. 443), which provides: Provided, however, that the General Assembly may, by law, exempt from taxation by the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Atlanta actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such but not to exceed $2,000.00 of its value, provided, the General Assembly at the same time shall provide for the assessment, levy and collection by the City of Atlanta of an ad valorem tax on all real and personal property within the corporate limits of said city, which is subject to taxation under the Constitution, sufficient to make up any loss from the exemption herein authorized. be and is hereby repealed in its entirety and the following new paragraph is hereby substituted in lieu thereof:

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There is hereby granted a homestead exemption, for each resident of the City of Atlanta, of $5,000.00 on his home which he owns and which he actually occupies as a residence and homestead, such exemption to be applicable to all ad valorem taxes levied by the City of Atlanta, except to pay interest on and retire bonded indebtedness, for all taxable years beginning after December 31, 1974, except that the homestead exemption in any such taxable year for each resident of the City of Atlanta who has attained the age of 65 years and whose adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse, does not exceed $8,000.00 for the immediately preceding taxable year shall be $10,000.00 on the home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead, such adjusted gross income, as used herein, to include income from whatever source derived, including any federal oldage survivors or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended to grant a homestead exemption in all taxable years beginning after December 31, 1974, from all except certain ad valorem taxation by the City of Atlanta and to fix the amount of such exemption at $10,000.00 for certain residents of the City who have attained the age of 65 years and have an annual adjusted gross income not exceeding $8,000.00 and at $5,000 for certain other residents of the City of Atlanta under certain circumstances?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If shall amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CERTAIN MUNICIPALITIESINCREASED RETIREMENT BENEFITS PROVIDED FOR CERTAIN PERSONS, (300,000 OR MORE). Proposed Amendment to the Constitution. No. 70 (House Resolution No. 91-300). A Resolution. Proposing an amendment to the Constitution so as to provide that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any such future census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation and who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law; to authorize such municipal corporations to appropriate funds for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:

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Any other provisions of this Constitution to the contrary notwithstanding, in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any such future census, the governing authority of any such municipal corporation is hereby authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation and who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law to which any such municipal corporation appropriates funds. The governing authority of any such municipal corporation is hereby authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired person. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any such future census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation pursuant to any retirement system, annuity and benefit fund, pension system or similar system heretofore or hereafter created by law, and to authorize such municipal corporations to appropriate funds for such purposes? All persons desiring to vote in favor of ratifying the

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proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF EAST POINTINCREASED RETIREMENT BENEFITS PROVIDED FOR CERTAIN PERSONS. Proposed Amendment to the Constitution. No. 71 (House Resolution No. 107-376). A Resolution. Proposing an amendment to the Constitution to authorize the City Council of the City of East Point to provide by ordinance from time to time for the increase of retirement or pension benefits of retired persons who retired, at any time prior to January 1, 1975, pursuant to any retirement system, pension system or any similar system heretofore created by law or by the governing authority of the City of East Point and to authorize the City Council of said City to appropriate funds for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding the City Council of the City of East Point is hereby authorized to provide from time to time for the increase of retirement or pension benefits of retired persons who retired, at any time prior to January

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1, 1975, pursuant to any retirement system, pension system or any similar system heretofore created by law or by the governing authority of the City of East Point. All funds of any such retirement system may be utilized for the purpose provided herein. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize an increase in retirement benefits of retired employees of the City of East Point? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desire to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. REQUIRED MAJORITY VOTE FOR ISSUANCE OF REVENUE BONDS DELETED IN ELECTION FOR CERTAIN GAS AND ELECTRIC SYSTEMS. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 111-430). A Resolution. Proposing an amendment to the Constitution so as to delete therefrom the requirement that a majority of the registered

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voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by deleting from the first paragraph thereof the following: and provided further that a majority of the registered voters of such county, municipal corporation or political subdivision affected shall vote in said election,, so that when so amended, the first paragraph of Paragraph V shall read as follows: Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the General Assembly approved March 31, 1937, known as `The Revenue Certificate Laws of 1937,' as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of

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such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CREATION OF OFFICE OF MEDICAL EXAMINER IN FLOYD COUNTY AUTHORIZED. Proposed Amendment to the Constitution. No. 73 (House Resolution No. 149-596). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner of Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner of Floyd County and to provide for all matters relative thereto. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner of Floyd County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF PERRYCERTAIN HOMESTEAD EXEMPTIONS INCREASED. Proposed Amendment to the Constitution. No. 74 (House Resolution No. 171-632). A Resolution. Proposing an amendment to the Constitution so as to increase the homestead exemption of the City of Perry for persons over 65 years of age and to increase the maximum allowance income of such persons from a homestead exemption of $2,000.00 and maximum allowable income of $4,000.00 to a homestead exemption of $4,000.00 and a maximum allowable income of $6,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:

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The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $2,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. and inserting in lieu thereof the following paragraph: The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $4,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to increase the homestead exemption of the

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City of Perry for persons over 65 years of age and to increase the maximum allowable income of such persons from a homestead exemption of $2,000.00 and maximum allowable income of $4,000.00 to a homestead exemption of $4,000.00 and a maximum allowable income of $6,000.00? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. SECRETARY OF STATE AUTHORIZED TO GRANT PRIVATE COMPANIES CERTAIN CORPORATE POWERS. Proposed Amendment to the Constitution. No. 75 (House Resolution No. 176-680). A Resolution. Proposing an amendment to the Constitution so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article III, Section VII, Paragraph XVII of the Constitution is hereby amended by striking Paragraph XVII in its entirety and substituting in lieu thereof a new Paragraph XVII to read as follows:

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Paragraph XVII. Corporate Powers, How Granted. The General Assembly shall have no power to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall prescribe by law the manner in which such power to grant corporate powers and privileges to private companies shall be exercised by the Secretary of State. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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GORDON COUNTY AUTHORIZED TO APPROPRIATE CERTAIN SUM TO HANDUP, INC. Proposed Amendment to the Constitution. No. 76 (House Resolution No. 180-719). A Resolution. Proposing an amendment to the Constitution so as to authorize Gordon County to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: Gordon County shall be authorized to appropriate to and for the use of HAND UP, INC., a corporation incorporated under the laws of Georgia, a sum not to exceed $5,000.00 per annum out of the public funds of said county. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize Gordon County to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said county?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF CALHOUN AUTHORIZED TO APPROPRIATE CERTAIN SUM TO HAND UP, INC. Proposed Amendment to the Constitution. No. 77 (House Resolution No. 181-719). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: The City of Calhoun shall be authorized to appropriate to and for the use of HAND UP, INC., a corporation incorporated under the laws of Georgia, a sum not to exceed $5,000.00 per annum out of the public funds of said city. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. CITY OF COVINGTON PARKING AUTHORITY. Proposed Amendment to the Constitution. No. 78 (House Resolution No. 205-832). A Resolution. Proposing an amendment to the Constitution so as to create the City of Covington Parking Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Covington and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Covington to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon

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such terms as may be provided in any contract entered into by and between the Authority and the City of Covington; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following: CITY OF COVINGTON PARKING AUTHORITY A. Creation. There is hereby created a body corporate and politic to be known as the City of Covington Parking Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. B. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof. C. Membership. The Authority shall consist of five members. One of such members, who shall serve as Chairman of said Authority, shall be either the Mayor of the City of Covington, Georgia, or a member of the Council of the City of Covington. Such Chairman shall serve for a one year term from January 1 through December 31 of each year and shall be elected by a majority vote of the

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Mayor and Council of the City of Covington at its first meeting in December of each calendar year beginning in December, 1974. The remaining four members of the authority shall be resident freeholders and registered qualified voters of the City of Covington and shall be selected by the Mayor and Council of the City of Covington. No member of the Council shall be eligible for appointment to membership in the Authority, except as Chairman of the Authority, for and during the term for which he or she was elected as a member of the Council. The terms of the first members of said Authority shall be as follows: Two members shall serve from January 1, 1975 to December 31, 1976, inclusive; and two members shall serve from January 1, 1975 to December 31, 1977 inclusive. Thereafter all members selected and appointed shall serve for a term of four (4) years and until their successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall elect one of its members as Vice Chairman who shall be elected for a term of one year commencing on January 1, 1975 and ending on December 31, 1975 or until his successor is selected and qualified and annually thereafter the Authority shall elect one of its members in the same manner for a one (1) year term. The Authority shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary and Treasurer. Three members of the Authority shall constitute a quorum. A majority of the quorum is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act.

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In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. D. Definitions. As used herein the following words and terms shall have the following meanings: (1) The word `Authority' shall mean the City of Covington Parking Authority herein created. (2) The word `Projects' or `Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking decks, parking structures or similar undertakings and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such facilities, and the acquisition of the necessary property therefor, both real and personal, all in order to alleviate traffic congestion in the City of Covington and thereby better protect the lives and property of its residents and others using its streets which will accomplish the essential public purpose for which said Authority is created hereunder. (3) The term `cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto

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and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the `cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects. (4) The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. (5) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Covington under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects. E. Powers. The Authority shall have the powers:

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(1) To have a seal and alter the same pleasure; (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia; (4) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

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(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Covington and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Covington is hereby authorized to enter into contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Covington, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property so furnished by said Authority; (6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon

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such terms and conditions as the United States of America or such agency or instrumentality may require; (8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (11) To do all things necessary or convenient to carry out the powers expressly given hereunder. F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined 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

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Authority in the resolution providing for the issuance of the bonds. G. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. H. Same; signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the fascimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. I. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State. J. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority

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and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. L. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. M. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. N. Same; Credit Not Pledged and Debt Not Created. Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Covington, Georgia, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from

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monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia. O. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other 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 depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the

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security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. P. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide. Q. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue

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bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. R. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. S. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. T. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Newton County, Georgia, and any action pertaining to the validation of any bonds issued under

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the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. U. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said City of Covington Parking Authority. V. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. W. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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X. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its parking facilities; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Y. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished. Z. Governmental Function. It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder whereby traffic congestion in the City of Covington will be alleviated and as a result the lives and property of the residents thereof and others using its streets will be better protected, all in the furtherance of the essential public purpose for which it is hereby declared to be created. AA. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligation of the Authority.

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BB. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. CC. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provisions of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. DD. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. EE. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Covington, Georgia, as the same now or may hereafter exist. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to create the City of Covington Parking Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Covington and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Covington to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Covington? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COBB COUNTYCERTAIN HOMESTEAD EXEMPTION PROVIDED FOR CERTAIN PERSONS. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 208-855). A Resolution. Proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000.00 from all Cobb County

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ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: Any other provisions of this Constitution to the contrary notwithstanding, each resident of Cobb County who is disabled is hereby granted an exemption from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability insurance benefits, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein, the person claiming such exemption shall be required to obtain a certifictae from the Federal Social Security Administration and from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such person shall not receive the benefits of such homestead exemption unless he, or through his agent, provides the Tax Commissioner

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of Cobb County with the certificates provided for herein and files an application with said Tax Commissioner giving the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable said Tax Commissioner to make a determination as to whether such person is entitled to such exemption. The Tax Commissioner shall provide the necessary forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto, but after any such person has filed the proper application and certificates, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide a homestead exemption of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb

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County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. HOUSTON COUNTY AUTHORIZED TO COLLECT LICENSE FEES ON BUSINESSES IN UNINCORPORATED AREA. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 210-874). A Resolution. Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Houston County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Houston County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

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The governing authority of Houston County is hereby authorized and empowered to levy, assess and collect a license fee from any person, firm or corporation, except those subject to regulation by the State Public Service Commission, who may maintain place of business or who may in any manner engage in any type of business in any area of Houston County outside the incorporated limits of municipalities. To provide for public welfare, health and security of the people of Houston County, the governing authority shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the governing authority shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize and empower the governing authority of Houston County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Houston County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Houston County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. COBB COUNTYGENERAL ASSEMBLY AUTHORIZED TO PROVIDE LOCAL LAW FOR EXERCISING PLANNING AND ZONING POWERS. Proposed Amendment to the Constitution. No. 81 (House Resolution No. 263-1012). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County; to provide that only certain officials shall be authorized to make planning and zoning decisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XV, Section II, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by local law for the exercise of the planning and zoning powers within the territorial limits of Cobb County in such manner and pursuant to such terms, conditions and requirements and by such body or bodies as the General Assembly may provide by such local law; provided, however, that the ultimate planning and zoning decisions made pursuant hereto shall be made by

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the elected planning and zoning commissioners from Cobb County, by the planning and zoning commissioner appointed by the Board of Commissioners of Cobb County and by the planning and zoning commissioner appointed by the Board of Education of Cobb County. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County; provided, however, that the ultimate planning and zoning decisions made pursuant hereto shall be made by the elected planning and zoning commissioners from Cobb County, by the planning and zoning commissioner appointed by the Board of Commissioners of Cobb County and by the planning and zoning commissioner appointed by the Board of Education of Cobb County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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VETOES (1972 - 1973 Session) Veto No. Bill No. Subject Veto Date Act 1 SB 5 Income Tax Payments: Quarterly Returns 3-29-73 Act 2 SB 32 Criminal Cases: Discovery Inspection 4-3-73 Act 3 HB 1208 City of Dublin: Corporate Limits 4-4-73 Act 4 HB 901 Macon Board of Water Comm.: Abolish 4-11-73 Act 5 SB 279 Bingo, Non-Profit Game: Excluded as gambling 4-13-73 Act 6 HB 722 Columbus, City of: Municipal Ct.-Dep. Marshal 4-13-17 Act 7 HB 723 St. Officer or Employees: Selling to State Agencies 4-13-73 Act 8 SB 202 Employees: Defer Compensation-Consent 4-16-73 Act 9 SB 289 Motor Vehicles: Flashing Red Lights 4-16-73 Act 10 SB 308 Automobiles: Manufacturer's Warranty 4-16-73 Act 11 SB 405 Fannin County: Ordinary-Salary 4-16-73 Act 12 HB 645 Incorp. Municipality: Minimum Standards 4-16-73 Act 13 HB 784 Landlords: Powers: Rents and Distress Warrant 4-16-73 Act 14 HR 290-1091 Bartow County: Convey Property 4-17-73 Act 15 HB 23 Peace Officers' Ret: Disability Benefits 4-17-73 Act 16 HB 161 Forest Fire Protection: Provide Funds 4-17-73 Act 17 HB 411 Correctional Ind. Adm. Composition 4-17-73 Act 18 HB 585 Hall-Gainesville: Property Ad. Val. Tax 4-17-73 Act 19 HB 586 Property: Fair Mkt. Tax: Exceptions 4-17-73 Act 20 HB 943 Habersham County: November Election 4-17-73 Act 21 SB 265 Marijuana Possession: Change Penalty 4-18-73 Act 22 HB 577 Atlanta, City of: Aged: Ad. Val. Tax 4-18-73 Act 23 HB 1059 Richmond County: Aged: Homestead Exemption 4-18-73 Act 24 HB 1071 Clayton County: Aged: Homestead Exemption 4-18-73 Act 25 HB 1079 Douglas County: Aged: Homestead Exemption 4-18-73 Act 26 HB 1082 Carroll County: Aged: Homestead Exemption 4-18-73 Act 27 HB 1221 Muscogee County: Aged: Homestead Exemption 4-18-73 Act 28 HB 1228 City of Varnell, Corporate Limits 4-18-73 Act 29 HB 6 Dept. of Public Safety: G.B.I.: Widows' Benefits 4-18-73 Act 30 HB 21 Creation of Driver License Medical Advisory Board 4-19-73 Act 31 HB 39 Public School Teachers' Health Insurance Plan 4-19-73 Act 32 HB 92 Board of Dental Exam: Expenses Per Diem 4-19-73 Act 33 HB 137 Exempt Board of Regents from reorganization 4-19-73 Act 34 HB 169 School Funds: Keeping Funds Separated 4-19-73 Act 35 HB 193 Teachers' Retirement System: Retirement Benefits 4-19-73 Act 36 HB 280 Compiling of Acts Resolutions 4-19-73 Act 37 HB 315 School Employees and Retirement Systems 4-19-73 Act 38 HB 442 Boards of Education: Liability Insurance 4-19-73 Act 39 HB 533 Regulation of Private Employment Agencies 4-19-73 Act 40 HB 700 Physically Handicapped: Public Buildings Accessible 4-19-73 Act 41 HB 1125 MFPE: Initial adjustment of allotments and personnel 4-19-73 Act 42 SB 43 Employees Retirement System: Mandatory Retirement Age 4-19-73 Act 43 SB 107 Anatomical gift act: Definition of death(s) 4-19-73 Act 44 SB 209 Prisoner: Serve time 30 days after conviction 4-19-73 Act 45 SB 236 Uniform Reciprocal enforcement of supportAmend 4-19-73 Act 46 SB 314 Dot; Warning Devices of Drawbridges 4-19-73 Act 47 SB 9 State Properties: Lease tract to Baldwin-Mill 4-19-73 Act 48 HR 140 - 535 Building Authority: Parking for General Assembly Members 4-19-73 Act 49 HB 100 - 332 Compensate: Mr. Larry Wayne Pruitt 4-19-73

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COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA CARLTON MOBLEY Chief Justice BENNING M. GRICE Presiding Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice PEYTON S. HAWES Associate Justice WILLIAM B. GUNTER Associate Justice ROBERT H. JORDAN Associate Justice MISS MAUD SAUNDERS Law Assistant MRS. MARGARET WARE DEIMLING Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant H. GRADY ALMAND, JR. Law Assistant JOHN E. GIRARDEAU Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. JOLINE BATEMAN WILLIAMS Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. HAZEL E. HALLFORD Deputy Clerk WILEY H. DAVIS Reporter GUY M. MASSEY Asst. Reporter COURT OF APPEALS OF GEORGIA JOHN SAMMONS BELL Chief Judge ROBERT H. HALL Presiding Judge HOMER C. EBERHARDT Presiding Judge CHARLES A. PANNELL Judge BRASWELL D. DEEN, JR. Judge J. KELLEY QUILLIAN Judge RANDALL EVANS, JR. Judge H. SOL CLARK Judge IRWIN W. STOLZ, JR. Judge RICHARD L. RICE Law Assistant MRS. CYNTHIA T. BEATTIE Law Assistant JULIAN H. STEWART Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN Law Assistant ROBERT H. BRINSON, JR. Law Assistant CHRISTINE D. HELMS Law Assistant CHARLES N. HOOPER Law Assistant MORGAN THOMAS Clerk MISS EDNA E. BENNETT Deputy Clerk WILEY H. DAVIS Reporter GUY M. MASSEY Asst. Reporter

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JUDGES, DISTRICT ATTORNEYS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Lenox, Ga. VICKERS NEUGENT, D.A., Austin St., Pearson. AtkinsonThird Monday in January October. BerrienThird Monday in February November. ClinchFirst Monday in March and November. CookFirst Monday in February and October. LanierSecond Monday in January September. ALCOVY CIRCUIT. HON. THOMAS W. RIDGWAY, Judge, P.O. Box 166, Monroe JOHN T. STRAUSS, D.A., Covington. NewtonFirst Monday in January, April, July and October. WaltonThird Monday in February, May, August and November. ATLANTA CIRCUIT. HONS. CLAUDE D. SHAW, Chief Judge, LUTHER ALVERSON, J. C. (JEP) TANKSLEY, SAM P. McKENZIE, JACK P. ETHERIDGE, CHARLES A. WOFFORD, LLOYD ELMO HOLT, OSGOOD O. WILLIAMS, G. ERNEST TIDWELL, JOHN S. LANGFORD, Judges, Atlanta. LEWIS R. SLATON, D.A., Atlanta. FultonFirst Monday in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HONS. PAUL E. CASWELL, Senior Judge, Hinesville, J. MAX CHENEY, Judge, Reidsville. JOHN W. UNDERWOOD, D.A., Hinesville BryanThird Monday in March; first Monday in November. EvansFirst Monday in April and October. LibertyThird Monday in February and September. LongFirst Monday in March; third Monday in August. McIntoshFourth Monday in February and May; second Monday in September; first Monday in December. TattnallThird Monday in April and October.

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AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta, RICHARD E. ALLEN, D.A., Augusta. BurkeFourth Monday in April and October. ColumbiaFourth Monday in March and September. RichmondThird Monday in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. HONS. SAM P. BURTZ, Judge, Canton. MARION T. POPE, JR., Judge, P. O. Box 589, Canton. C. B. (BUTCH) HOLCOMB, D.A., P. O. Box 248, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninThird Monday in April; fourth Monday in August; and first Monday in December. ForsythFourth Monday in March and July; second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensSecond Monday in March; fourth Monday in September. BRUNSWICK CIRCUIT. HONS. WINEBERT DAN FLEXER, Judge, Brunswick. GORDON KNOX, JR., Judge, Hazlehurst. GLENN THOMAS, JR., D.A., P. O. Box 416, Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Monday in April and November; third Monday in June. GlynnSecond Monday in January, May, and September. Jeff DavisFirst and second Mondays in March, June, and December; fourth Monday in September; first Monday in October. WayneThird and fourth Mondays in April and November; fourth Monday in January and June.

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CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS, Presiding Judge, Courthouse, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus, OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, D.A., Hamilton ChattahoocheeFourth Monday in March and September. HarrisSecond Monday in January, May and September. MarionFourth Monday in April and October. MuscogeeFirst Monday in February, April, June, August, October and December. TalbotSecond Monday in March and November; third Monday in August. TaylorFirst and second Monday in January and July. CHEROKEE CIRCUIT HON. JEFFERSON L. DAVIS, Judge, Box 128, Cartersville. DAVID N. VAUGHAN, JR., D.A., P.O. Box 534, Cartersville. BartowFirst Monday in February and August; fourth Monday in April and October. GordonFirst Monday in March and December; second Monday in September; fourth Monday in May. CLAYTON CIRCUIT. HONS. HAROLD BANKE, Chief Judge,% Courthouse, Jonesboro. MARVIN A. MILLER, Judge, Jonesboro. WILLIAM H. (BILL) ISON, D.A., Jonesboro. ClaytonFirst Monday in February, May, August and November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, Judge, Marietta. LUTHER C. HAMES, JR., Judge, Marietta. JAMES L. BULLARD, Judge, Marietta. GEORGIA W. (BUDDY) DARDEN, D. A., Marietta. CobbSecond Monday in January, March, May, July, September and November.

Page 1538

CONASAUGA CIRCUIT. HON. ROBERT VINING, JR., Judge, Dalton. SAM BRANTLEY, D.A., Dalton. MurraySecond Monday in February and October; fourth Monday in May; first Monday in August. WhitfieldSecond Monday in January, July and September; first Mondays in March, May and November. CORDELE CIRCUIT. HON. WILLIAM LEROY McMURRAY, JR., Judge, P. O. Box 555, Cordele. D. E. TURK, D.A., Abbeville. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Monday and the Mondays following in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFirst Monday in March; fourth Monday in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. LAMAR KNIGHT, Judge, P. O. Box 315, Carrollton. ELDRIDGE W. FLEMING, D.A., Hogansville. CarrollFirst Monday in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Monday in March and September. MeriwetherThird Monday in February, May, August, and November. TroupFirst Monday in February, May, August, and November. DOUGHERTY CIRCUIT. HON. ASA D. KELLEY, JR., Judge, 414 Pinecrest Dr., Albany. ROBERT W. REYNOLDS, D.A., 230 Pine Ave., Albany. DoughertySecond Monday in January, March, May, July, September, and November.

Page 1539

DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. BEVERLEY B. HAYES, JR., D. A., Dublin JohnsonThird Monday in March, June, September, and December. LaurensFourth Monday in January, April, July and October. TreutlenThird Monday in February and August. TwiggsSecond Monday in January, April, July, and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, GEORGE E. OLIVER, FRANK S. CHEATHAM, JR., Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Monday in March, June, September and December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. EDWARD E. McGARITY, D.A., P. O. Box 471, McDonough. ButtsFirst and second Mondays in February and November; first Monday in May; third and fourth Mondays in August. HenrySecond, third and fourth Mondays in January, April, July, and October. LamarFirst and second Mondays in March, June, and December; second and third Mondays in September. MonroeThird and fourth Mondays in February, May and November; first and second Mondays in August. GRIFFIN CIRCUIT. HON. ANDREW J. WHALEN, JR., Judge, Griffin. BEN J. MILLER, D.A., Thomaston. FayetteFirst and second Mondays in March; second and third Mondays in September. PikeThird and fourth Mondays in April and November. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

Page 1540

GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. REID MERRITT, Judge, P. O. Box 352, Lawrenceville. WILLIAM BRYANT HUFF, D.A., 256 Crogan St., Lawrenceville. GwinnettFirst Monday in January, March, May, July and November; second Monday in September. HOUSTON CIRCUIT. HON. WILLIS B. HUNT, JR., Judge, Perry. R. JONEAL LEE, D.A., Warner Robins. HoustonFirst Monday in January, March, May, July, September and November. LOOKOUT MOUNTAIN CIRCUIT. HONS. ROBERT E. (BOB) COKER, Judge, LaFayette; PAUL W. (JOHNNY) PAINTER, Judge, Rossville. EARL B. (BILL) SELF, D.A., P. O. Box 192, Summerville. CatoosaFirst Monday in March; second Monday in September. ChattoogaFirst Monday in February and August. DadeFirst Monday in April; second Monday in October. WalkerFirst Monday in May and November. MACON CIRCUIT. HONS. HAL BELL, C. CLOUD MORGAN, Judges, Macon; GEORGE B. CULPEPPER III, Judge, Ft. Valley. FRED M. HASTY, D.A., Macon. BibbFirst Monday in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. PeachFirst and second Mondays in March and August; third and fourth Mondays in November.

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MIDDLE CIRCUIT. HON. WALTER C. McMILLAN, JR., Judge, P. O. Box 701, Sandersville. H. REGINALD THOMPSON, D. A., P. O. Box 286, Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Monday in January, April, July and October. JeffersonSecond Monday in May and November. ToombsFourth Monday in February, May, August, and November. WashingtonFirst Monday in March, June, September and December. MOUNTAIN CIRCUIT. HON. JACK N. GUNTER, Judge, Cornelia. V. D. STOCKTON, D. A., Clayton. HabershamFirst Monday in February and November; second Monday in June. RabunFourth Monday in February and November; first Monday in August. StephensSecond Monday in January, May and October. TownsFourth Monday in March; first Monday in June; third Monday in September. UnionThird Monday in April; fourth Monday in August; second Monday in December. NORTHEASTERN CIRCUIT. HONS. A. R. KENYON, Judge, Gainesville. JOSEPH H. BLACKSHEAR, Judge, P. O. Box 1353, Gainesville. JEFF WAYNE, D.A., P. O. Box 430, Gainesville. DawsonFirst Monday in February and August. HallFirst Monday in May and November; second Monday in January, March, July and September. LumpkinFourth Monday in February and August. WhiteFirst Monday in April and October.

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NORTHERN CIRCUIT. HON. JOHN W. (BILLY) WILLIFORD, Judge, 145 Parkwood Dr., Elberton. CLETE D. JOHNSON, D. A., Box 245, Royston. ElbertFirst Monday in March; second Monday in September. FranklinThird Monday in October; fourth Monday in March; first Monday in August. HartFirst Monday in February and October; fourth Monday in May. MadisonThird Monday in February and August. OglethorpeThird Monday in April; first Monday in November. OCMULGEE CIRCUIT. HONS. GEORGE S. CARPENTER, Judge, Milledgeville, GEORGE L. JACKSON, Judge, Gray JOSEPH B. DUKE, D.A., Milledgeville. BaldwinSecond Monday in January, April, July, and October. GreeneFourth Monday in January, April, July, and October. HancockFourth Monday in March and September; second Monday in June and December. JasperSecond Monday in February, August, and November. JonesFirst Monday in February and August; third Monday in April and October. MorganFirst Monday in March, June, September, and December. PutnamThird Monday in March, June, September, and December. WilkinsonFirst Monday in January, April, July and October. OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Judge, P. O. Box 465, McRae. ALBERT D. MULLIS, D. A., P. O. Box 477, Eastman. BleckleyFirst Monday in March and second Monday in July and November. DodgeThird Monday in February, May, August and November. MontgomeryFirst Monday in February, May, August and November. PulaskiSecond and third Mondays in March and September; second Monday in June and December. TelfairFourth Monday in February and June; third and fourth Mondays in October. WheelerSecond Monday in February and October; third Monday in June.

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OGEECHEE CIRCUIT. HON. WILLIAM COLBERT HAWKINS, Judge, Sylvania. J. LANE JOHNSTON, D. A., Statesboro. BullochThird Monday in February, May, August, and November. EffinghamThird Monday in June; 1st Monday in December. JenkinsThird Monday in March and September. ScrevenThird Monday in January, April, July and October. PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. RALPH H. FOSTER, D. A., Blakely. ClayThird Monday in March and November. EarlyThird Monday in January and July. MillerFourth Monday in April and October. QuitmanFourth Monday in March and September. RandolphFirst Monday in May and November. SeminoleSecond Monday in April and October. TerrellFirst Monday in June and December. PIEDMONT CIRCUIT. HON. MARK DUNAHOO, Judge, P. O. Box 553, Winder. NAT HANCOCK, D. A., Jefferson. BanksFirst and second Mondays in April and October. BarrowFirst and second Mondays in February and August; first Monday in May and November. JacksonFirst and second Mondays in March; second and third Mondays in September. ROME CIRCUIT. HONS. ROBERT L. SCOGGIN, ROBERT L. ROYAL, Judges, Rome. LARRY SALMON, D. A., Rome. FloydSecond Monday in January, March, July and September; first Monday in May and November.

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SOUTH GEORGIA CIRCUIT. HON. ROBERT E. L. CULPEPPER, JR., Judge, Camilla. A. WALLACE CATO, D.A., P. O. Box 65, Bainbridge. BakerThird Monday in January and July. CalhounLast Monday in May and November. DecaturFirst Monday in February, May and November. GradyThird Monday in March, August and September. MitchellSecond Monday in January and July; third Monday in April and October. SOUTHERN CIRCUIT. HONS. MARCUS B. CALHOUN, Judge, Thomasville; GEORGE A. HORKAN, JR., Judge, Moultrie. H. LAMAR COLE, D. A., Valdosta. BrooksFirst Monday in May and November. ColquittFirst Monday in January, April, July and October. EcholsFirst Monday in February and August. LowndesFirst Monday in March, June, September, and December. ThomasThird Monday in January, April, July and October. SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, P. O. Box 798, Americus. CLAUDE N. MORRIS, D. A., Americus LeeFourth Monday in April and October. MaconSecond Monday in May and November. SchleySecond Monday in February and August. StewartSecond Monday in January and July. SumterFourth Monday in February, May and August; first Monday in December. WebsterFourth Monday in January and July. STONE MOUNTAIN CIRCUIT. HONS. H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers; CLARENCE L. PEELER, JR., Decatur; CURTIS V. TILLMAN, Decatur; CLYDE HENLEY, Stone Mountain; TOLBERT M. ALLEN, JR., Decatur; RAY C. NORVELL, Atlanta, Judges. RICHARD BELL, D. A., 794 Allgood Rd., Rt. 5, Stone Mountain. DeKalbFirst Monday in March, June, September, and December. RockdaleFirst Monday in February, May, August and November.

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TALLAPOOSA CIRCUIT. HON. DAN WINN, Chief Judge, Cedartown. HAROLD L. MURPHY, Judge, Buchanan. JOHN T. PERREN, D. A., Dallas. DouglasThird Monday in March and September. HaralsonFourth Monday in April; second Monday in August and November. PauldingSecond Monday in April; fourth Monday in July; third Monday in October. PolkFourth Monday in February and August. TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, P. O. Box C, Tifton. W. J. FOREHAND, D. A., P. O. Box 253, Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November. TiftFirst Monday in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Monday in April and October. WorthFourth Monday in January, April, July, and October. TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson. KENNETH E. GOOLSBY, D. A., P. O. Box 405, Thomson. GlascockThird Monday in February, May, August and November. LincolnFourth Monday in January, April, July and October. McDuffieSecond Monday in March, June, September and December. TaliaferroFourth Monday in February, May, August, and November. WarrenThird Monday in January; first Monday in April, July and October. WilkesFirst Monday in February, May, August, and November.

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WAYCROSS CIRCUIT. HON. BEN A. HODGES, Judge, Waycross. DEWEY HAYES, D. A., Douglas. BaconFourth Monday in May and November. BrantleyFirst Monday in February, first Tuesday in September. CharltonFourth Monday in February and September. CoffeeThird Monday in March and October. PierceFirst Monday in May; second Monday in December. WareSecond Monday in April and November. WESTERN CIRCUIT. HON. JAMES BARROW, Judge, Athens. HARRY N. GORDON, D. A., 244 E. Washington St., Athens. ClarkeSecond Monday in January, April, July and October. OconeeFourth Monday in January and July.

Page 1547

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Atlanta, City of; homestead exemptions, certain, authorized, proposed amendment to the Constitution 1491 Calhoun, City of; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1505 Cobb County; homestead exemption, certain, provided, proposed amendment to the Constitution 1522 Cobb County; local law authorized; zoning and planning powers; proposed amendment to the Constitution 1527 Corporations; secretary of State, authority to grant powers to; proposed amendment to the Constitution 1502 Covington, City of; parking authority created; proposed amendment to the Constitution 1506 East Point; increased retirement benefits provided for certain persons, proposed amendment to the Constitution 1495 Floyd County; medical examiner, office created, proposed amendment to the Constitution 1499 Gas and Electric Systems; bonds, revenue, elections, majority vote requirement deleted, proposed amendment to the Constitution 1496 Gordon County; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1504 Houston County; businesses, license fees, unincorporated area; proposed amendment to the Constitution 1525 Municipalities; certain increased retirement benefits provided (300,000 or more) 1493 Oconee County; certain traffic regulation authorized 1487 Perry, City of; homestead exemptions increased, proposed amendment to the Constitution 1500 State Court of Claims; created 1489 Unified Judicial System; created 1486 CODE SECTIONS 4-214.1EnactedPower of attorney not revoked by certain incompetency, etc. 493 13TitleAmendedBankscertain expansions authorized, etc. 525 13-203.1AmendedBanks and Banking, population requirements, determination (120,000 or less) 127 13-204.2EnactedInvestments, certain advertisements prohibited, etc. 534 13-207AmendedBank Holding Companiesvoting stock 281 13-1401AmendedBankscertain stock provisions, made, etc. 278 13-1405AmendedBankscertain stock provisions made, etc. 278

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13-2002AmendedBank directors, qualifications changed 811 13-9933AmendedChecks drawn without funds, etc. 491 21-105AmendedCoronersCertain population figures changed (10,600-10,900) 565 21-105AmendedCoronerscertain, compensation changed (55,100-58,000) 2524 22-903Amendedcorporations, shares, issuance without class voting, etc. 833 23-1113AmendedCounty surveyors, substitutes designated 639 23-2304AmendedPaupers, burial, expenses increased (56,000-60,000) 594 24ATitleJuvenile Court Code, Amendedcertain concurrent jurisdiction provided, etc. 882 24ATitleJuvenile Court Code, Amended, community rehabilitation centers provided 579 26-TitleAmendedImposition of Death Penalty 159 26-401 (a)AmendedUnsworn statement law abolished 292 26-12ChapterAmended, Abortions 635 27-101.2AmendedDrug sellers, reward increased, etc. 725 27-405AmendedUnsworn statement law abolished 292 27-701.1EnactedBail, refusal of, grand jury must hear in 90 days 291 27-901BailCertain offenses before superior court judge; pending appeal in misdemeanors 454 30-102AmendedDivorce, Irretrievably broken, ground for 557 32-908Amendedcounty boards of education, meetings 700 32-911AmendedImmunizations of school children, time provisions changed, etc. 910 32-1005AmendedCounty school superintendents, bonds 577 34-8ChapterAmendedSpecial and general elections, time for 174 34-10AChapterEnactedPresidential Preference Primary Law 221 34-1338AmendedProcessing defective ballot cards 175 34A-501AmendedMunicipalities, certain, required to use county voters list, etc. (27,000-28,000) 277 38-415AmendedUnsworn statement law abolished 292 38-627AmendedEvidence, authentication of foreign legislative acts provided 299 38-630AmendedEvidence, authentication of foreign legislative acts provided 299 40-304AmendedGovernor, power to appoint secretaries, etc. 665 40-4AmendedAnnual appropriations provided 673 46-1504AmendedStock and Mutual insurers 185 49-313AmendedSuccessor guardians provided 609 49-604AmendedGuardians, appointments, when hospitalization not required, etc. 827 49-604AmendedSuccessor guardians, provided 610 49-706AmendedOrdinary as custodian, funeral expense payment 829

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50TitleAmendedHabeas corpus, grounds must be raised in original petition 1315 53-201.1EnactedMarriage manuals provided for applicants 879 56TitleAmendedInsurance, interest rate for computing certain minimum reserves increased 617 56TitleAmendedSurplus Lines Brokers, examination provided, etc. 499 56-407AAmendedUninsured motorists, subsection, redesignated, etc. 487 56-1504AmendedStock and Mutual Insurers, charters 185 56-17AmendedHospital Service Nonprofit Corporations, health care contracts authorized, etc. 813 59-106AmendedJurorsselection from voters' list 484 59-201AmendedGrand Jury, public officials, certain, ineligible for 726 56-317.1AmendedInsurance, Commissioner, fine imposition, power expanded 668 59-6RepealedCertain grand jury charges 716 59-801AmendedJuriesfelony trials, number changed, etc. 286 56-18AmendedNonprofit Medical Service corporations, health care contracts authorized, etc. 813 65-2AmendedAgricultural products redefined, fisheries included, etc. 835 66-1AmendedEmployment and wages, payment in other forms authorized 672 68-1ChapterAmended, Motorized cart defined, etc. 595 68-201AmendedMotor vehicle, registration, penalty fees, collection, etc. 781 68-205AmendedMotor vehiclesregistration of 455 68-221AmendedMotor Vehiclesnon-residents operation period changed 342 68.5ChapterAmendedMotor Contract CarriersUniform license requirements, etc. 643 68-611.1EnactedMotor Common Carrierstemporary emergency authority, etc. 641 68-1001AmendedMotor vehicles, reciprocal agreements, governor authorized to negotiate certain 559 69-704.1AmendedMunicipalities, certain judges may be appointed 489 73-2AmendedPetroleum products, certain penalties provided 790 74-111AmendedChildren, abuse of, reports expanded 309 74-3RepealedIllegitimate child, support by accused father, etc. 697 74-9902AmendedIllegitimate child, support by accused father, etc. 697 79-5AmendedName change of minors, consent required 504 79A-9917AmendedMarijuana, penalty for possession of certain, reduced 688

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81-1402AmendedMembers, General AssemblyCounsel or party in trial court, excused 478 84TitleAmendedReal estate brokers and salesmen 100 84-104AmendedLicenses, determination of expiration date provided, etc. 1481 84-601AmendedPodiatrists, redefined 824 84-901AmendedPhysicians, certain definitions provided, etc. 877 84-907.6EnactedMedical Practitioners, certain licentiates, exempt from examination 226 84-15ChapterAmendedVeterinary Practice Act amended 260 84-17AmendedAuction Salespersonal property sale regulation provided 494 88TitleAmended, abortions 635 88-903AmendedAir Quality Control Act amended 1285 88-13AmendedGeorgia Radiation Control Act 920 88-2515EnactedRights of mentally retarded protected 806 88-26AmendedWater Supply Quality Control Act Amended 1289 88-2603AmendedFluoridation of certain water supplies 148 88-1802 (d)AmendedHospital Authorities, project redefined 190 91-1AChapterAmendedState Properties Code enacted 857 92-14ChapterAmendedCompressed petroleum gas exemption 55 92-2406RepealedBanksCertain federal and national banking institutions, tax exemption stricken 924 92-3102AmendedBanksCertain federal and national institutions, taxed as state banks, etc. 924 92-3109AmendedIncome tax, Net income, conformed to federal code, date changed 567 92-3216AmendedTax information, available for data processing employees 568 92-4004AmendedCounty tax assessments, certain municipalities exempted from using (15,000 or more in counties of 59,000-60,000) 913 93-210Public Service Commission Act, fees changed 664 93-309AmendedPublic Service Commission, consideration of service rendered authorized, etc. 677 95AAmendedPublic Transportation Code 947 100-1ChapterAmendedState Depositories Board, State Treasurer replaced, etc. 149 105-13AEnactedTortsPersonal, property damages, distinct causes provided 295 105-1302AmendedWidow may release tortfeasor, etc. 488 108-421Amended, Trusts, authorized investments changed 574 109-302.1EnactedTrust Companieslimited fiduciary capacity, certain, authorized, etc. 525 109A-7-209AmendedWarehousemen's lien on household goods, etc. 437 109A-8-102Amended, clearing corporation redefined 689

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113TitleAccountings by fiduciaries, etc. 830 113-1206AmendedNonresident executors, certain, bond, relieved of 481 114TitleAmendedWorkmen's Compensation Act amended 232 COURTS SUPERIOR COURTS Alcovy Circuit; court reporter, employment of 520 Atlanta Circuit; assistant district attorneys, certain restrictions removed, etc. 787 Atlanta Circuit; deputy district attorneys 10 Bail, certain offenses, provided 454 Bail, misdemeanors, not refused during appeal 454 Bartow; court reporter placed on salary 942 Bartow; investigator provided 684 Ben Hill; reporter's salary changed, etc. 602 Ben Hill; terms changed 601 Bibb; judges, district attorneys, salary supplements 176 Blue Ridge Circuit; district attorney, assistant, compensation, etc. 250 Burke; terms changed 2846 Butts; assistant district attorney, qualifications changed 654 Catoosa; clerk, compensation changed, etc. 2370 Chattooga; deputy clerk, compensation, etc. 2309 Cherokee; district attorney, assistant, compensation, etc. 250 Cherokee Circuit; court reporter placed on salary 942 Cherokee Circuit; investigator provided 684 Clayton Circuit; court reporters provided 592 Clayton; court reporters provided 592 Clerk, compensation fixed (145,000-165,000) 2801 Clerks, minimum salaries provided, etc. 256 Cobb Circuit; court reporters, assistant district attorneys 584 Cobb; judge, furnishing law books to 710 Cobb Circuit; judge, furnishing law books to 710 Colquitt; clerk, compensation changed, etc. 3494 Columbia; clerk, salary changed, etc. 2028 Cordele Circuit; reporter's salary changed 602 Cordele Circuit; terms changed 601 Crawford; clerk, compensation changed 2663 Crawford; judges, district attorney, salary supplements 176 Crisp; clerk, salary changed, etc. 3428 Crisp; reporter's salary changed, etc. 602 Crisp; terms changed 601 DeKalb; court reporter's salary changed 247 DeKalb; superior court terms changed 317 Dooly; reporter's salary changed, etc. 602 Dooly; term changed 601 Dougherty Circuit; judge, salary supplement authorized 15 Douglas; clerk, salary changed 2280

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Fannin; district attorney, assistant, compensation, etc. 250 Fayette; clerk's office, personnel's salary, certain provisions deleted 2509 Fayette; judge, district attorney, salary supplements 3133 Flint Circuit; assistant district attorney, qualifications changed 654 Forsyth; district attorney, assistant, compensation, etc. 250 Fulton; assistant district attorneys, certain restrictions, removed, etc. 787 Gilmer; district attorney, assistant, compensation, etc. 250 Gordon; court reporter placed on salary 942 Gordon; investigator provided 684 Griffin Circuit; judge, district attorney, salary supplements authorized 3133 Gwinnett; clerk, salary changed 2412 Gwinnett; judge, district attorney, law books 723 Gwinnett Circuit; judge, district attorney, law books 723 Habersham; investigator provided, etc. 837 Hancock; clerk, secretary authorized, etc. 3237 Hart; clerk, compensation changed, etc. 3223 Heard; clerk placed on salary, etc. 2449 Henry; assistant district attorney, qualifications changed 654 Henry; clerk, salary increased, etc. 3521 Lamar; assistant district attorney, qualifications changed 654 Lanier; clerk, compensation changed, etc. 2519 Laurens; clerk, compensation changed 3949 Lee; clerk placed on salary 2003 Liberty; clerk, compensation changed, etc. 3201 McIntosh; clerk, compensation changed, etc. 3111 Macon Circuit; judges, district attorney, salary supplements provided 176 Morgan; clerk, compensation changed, etc. 2503 Monroe; assistant district attorney, qualifications changed 654 Mountain Circuit; investigator provided, etc. 837 Newton; court reporter, employment of 520 Peach; judges, district attorney, salary supplements 176 Pickens; district attorney, assistant, compensation, etc. 250 Pike; judge, district attorney, salary supplements authorized 3133 Pulaski; clerk, compensation changed, etc. 3860 Rabun; investigator provided, etc. 837 Rockdale; clerk, report, etc. 2048 Rockdale; court reporter's salary changed 247 Rockdale; public defender, salary changed, etc. 2072 Spalding; judge, district attorney, salary supplements authorized 3133 Stephens; clerk's personnel, compensation change s 2095 Stephens; investigator provided, etc. 837 Stone Mountain Circuit; court reporter, salary changed 247 Stone Mountain Circuit; court reporters, additional, authorized 249 Stone Mountain Circuit; DeKalb County; superior court terms changed 317 Tattnall; clerk, compensation changed, etc. 2964

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Taylor; clerk, compensation changed 3629 Towns; investigator provided, etc. 837 Union; investigator provided, etc. 837 Upson; judge, district attorney, salary supplements authorized 3133 Walton; court reporter, employment of 520 Ware; clerk, compensation changed 3965 Washington; clerk, compensation changed 2642 Wheeler; clerk, secretary provided 2937 Wilcox; reporter's salary changed, etc. 602 Wilcox; terms changed 601 Wilkes; clerk, salary changed 2025 CITY COURTS Soperton; judge, salary changed, etc. 2938 CRIMINAL COURTS Fulton; assistant district attorneys, certain restrictions removed, etc. 2712 Fulton; new assistant solicitors authorized 2165 Fulton; solicitors, compensation provided 2163 Judges, certain counties, salaries (500,000 or more) 2308 CIVIL COURTS Fulton; assistant district attorneys, certain restrictions removed, etc. 2712 Fulton; record destruction, certain, authorized 2737 Judges, certain counties, salaries (500,000 or more) 2308 Richmond; contempt penalty changed, etc. 2744 MUNICIPAL COURTS Columbus; deemed state court for certain purposes 3061 JUVENILE COURTS Cobb; judge, salary changed, etc. 2122 Fulton; assistant district attorneys, certain restrictions removed, etc. 2712 Judges, certain; compensation changed (250,000-500,000) 2486 Judges, certain counties, salaries (500,000 or more) 2308

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STATE COURTS Associate judge provided, etc. (145,000-165,000) 3413 Burke; terms changed 3336 Candler; judge, solicitor, salaries changed 3161 Carroll; solicitor, compensation changed, etc. 2714 Cobb; assistant solicitors, number changed, etc. 2124 Cobb; court reporters authorized, etc. 3176 Cobb; judges, compensation changed 3637 Columbus; deemed state court for certain purposes 3061 DeKalb; judges compensation of, fixed 2498 DeKalb; law book costs, etc. 2075 Effingham; solicitor, compensation changed, etc. 2535 Glynn; clerk, salary increased, etc. 3158 Glynn; juror selection provided, etc. 2579 Gwinnett; compensation of officers changed 2446 Gwinnett; juries, composition of, etc. 2601 Habersham; solicitor, secretary for provided 2709 Houston; terms changed 3072 Jackson; terms changed, etc. 3574 Jefferson; judge, solicitor, salaries changed 2292 Judges, inclusion in retirement laws (145,000-165,000) 2717 Judge, compensation fixed (145,000-165,000) 2801 Judges emeritus, social security payments, effect of, provided, etc. (150,000-165,000) 2733 Judges, included in retirement laws (145,000-165,000) 2717 Laurens; judge, solicitor, compensation changes, etc. 3952 Miller; act repealed, referendum 2776 Miller; solicitor, fees changed 2487 Mitchell; judge, solicitor, salary changes 3011 Pierce; judge, solicitor, compensations changed 3395 Solicitor, assistant, compensation fixed (145,000-165,000) 2801 Solicitor; compensation fixed (145,000-165,000) 2801 Sumter; compensation of judge changed, etc. 2349 Toombs; judge, solicitor, salaries changed 3019 Walker; judge, solicitor, compensation changed, etc. 3030 Washington; judge, solicitor, salaries changed 2636 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; board of education, compensation of members changed, referendum 3569 Appling; commissioners, compensation changed 3567 Appling; ordinary, supplemental salary provided 3874 Appling; small claims court, judge, filling vacancies in office, provided 3572 Appling; sheriff's deputies, provisions relating to, changed, etc. 3623

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Atkinson; board of commissioners, clerk for, provided, etc. 2526 Atkinson; sheriff, automobiles provided for, etc. 2531 Bacon; commissioners, compensation changed, etc. 2334 Bacon; ordinary, secretary authorized 2336 Bacon; sheriff, compensation changed, etc. 2330 Bacon; small claims court created 2337 Bacon; tax commissioner, part-time personnel authorized, etc. 2492 Barrow; board of commissioners, certain dereliction of duty provisions repealed, etc. 3322 Barrow; ordinary, compensation changed, etc. 2538 Bartow; investigator provided 684 Bartow; superior court, reporter placed on salary, etc. 942 Ben Hill; superior court, reporter's salary changed, etc. 602 Ben Hill; superior court terms changed 601 Berrien; board of commissioners, members, compensation changed 2810 Berrien; sheriff, compensation changed, etc. 2805 Berrien; tax commissioner's office, certain personnel, compensation changed 2808 Bibb (Macon); Water and Sewerage Authority Act amended 2603 Bibb; superior court, judges, district attorney, salary supplements 176 Bleckley; tax commissioner, compensation of clerk changed 3864 Bryan; sheriff's deputies, number increased, etc. 3627 Burke; board of commissioners, compensation changes 3334 Burke; hospital authority; successor members, appointment provided 2656 Burke; sheriff, compensation changed 2633 Burke; small claims court created 3497 Burke; state court, terms changed 3336 Burke; superior court, terms changed 2846 Butts; assistant district attorney, qualifications changed 654 Butts; tax commissioner, compensation changed 2077 Calhoun; tax commissioner placed on salary, etc. 2489 Camden; tax commissioner, personnel, compensation changed, etc. 2495 Candler; board of commissioners, compensation changes, etc. 2627 Candler;sheriff, compensation changed, etc. 2625 Candler; state court, judge, solicitor, salaries changed 3161 Carroll; coroner placed on salary 2924 Carroll; state court, solicitor, compensation changed, etc. 2714 Catoosa; commissioner's clerical assistance allowance increased, etc. 2373 Catoosa; deputy sheriffs, additional, provided, etc. 2377 Catoosa; development authority implemented 3310 Catoosa; employees, hospitalization insurance provided 2375 Catoosa; superior court clerk, compensation changed, etc. 2370 Catoosa; tax commissioner, clerical assistance allowance increased 2559 Charlton; ordinary, clerk of, compensation changed 2506

Page 1556

Chatham; board of commissioners designated 2079 Chatham; commissioners, ex officio judges, compensation changed 2081 Chatham; governing authority designated 2083 Chatham (Savannah); government, provision changed 2268 Chattahoochee; board of commissioners, clerk's compensation changed 2869 Chattahoochee; tax commissioner, compensation changed 2872 Chattooga; commissioner, compensation changed, etc. 2323 Chattooga; deputy sheriff, compensation changed, etc. 2317 Chattooga; ordinary, compensation changed, etc. 2314 Chattooga; superior court deputy clerk, compensation, etc. 2309 Chattooga; tax commissioner, deputy, salary changed 2320 Cherokee; board of education, position numbering provided, etc., referendum 3207 Cherokee; deputy sheriffs, compensation changed, etc. 2381 Cherokee; district attorney, assistant, compensation, etc. 250 Cherokee; water authority act amended, bond limitation deleted, etc. 3205 Clarke; board of commissioners, new, created, etc., referendum 2467 Clarke; board of education, new, provided, etc., referendum 3374 Clayton; board of commissioners, act amended 2005 Clayton; superior court reporters provided 592 Clinch; deputy sheriffs, compensation of, changed 3453 Clinch; ordinary, compensation changed 2534 Cobb; ad valorem taxation, certain exemption provided 2101 Cobb; board of commissioners, recall provisions changed 3120 Cobb; board of commissioners, rezoning proceedings, members' interest must be revealed, etc. 3640 Cobb; board of commissioners, zoning, members required to vote on 3305 Cobb; homestead exemption, certain, provided; proposed amendment to the Constitution 1522 Cobb; juvenile court, judge, salary changed, etc. 2122 Cobb; land lot survey, certain, authorized 2710 Cobb; local law authorized, zoning and planning powers; proposed amendment to the Constitution 1527 Cobb; state court, assistant solicitors, number changed, etc. 2124 Cobb; state court, court reporters authorized, etc. 3176 Cobb; state court, judges, compensation changed 3637 Cobb; superior court judge, furnishing law books to 710 Cobb; superior court, reporters, assistant district attorneys 584 Cobb; taxation study committee created 3644 Colquitt; superior court clerk, compensation changed, etc. 3494 Columbia; board of commissioners, chairman's salary changed 2030 Columbia; small claims court created, etc. 2032 Columbia; superior court clerk, salary changed, etc. 2028 Columbus; airport commission, powers and duties defined 2016 Columbus; charter amended, certain land sale ratified 3142

Page 1557

Columbus; charter amended, homestead exemption authorized, etc. 3773 Columbus; municipal court, deemed state court for certain purposes 3061 Cook; board of commissioners, membership changed, etc., referendum 2300 Cook; sheriff, certain reimbursement expenses changed 3145 Cook; tax commissioner, fees, etc., county property 3147 Crawford; small claims court, jurisdiction extended, etc. 2665 Crawford; superior court clerk, compensation changed 2663 Crawford; superior court, judges, district attorney, salary supplements 176 Crisp; county officers, certain, salaries changed, etc. 3428 Crisp; small claims court created 3339 Crisp; superior court, reporter's salary changed, etc. 602 Crisp; superior court terms changed 601 Dade; commissioner, compensation changed, etc. 2761 Dade; ordinary, compensation increased, etc. 2772 Dade; sheriff, compensation changed, etc. 2764 Dade; water and sewer authority created 2542 Dawson; sheriff's deputies, provisions changed 2680 DeKalb; election laws study committee created 3173 DeKalb; incorporated cities within, firemen, work requirements provided 2928 DeKalb; state court, compensation of judges fixed 2498 DeKalb; state court, law book costs, etc. 2075 DeKalb; superior court, reporter's salary changed 247 DeKalb; superior court, reporters, additional, authorized 249 DeKalb; superior court terms changed 317 Dooly; superior court, reporter's salary changed, etc. 602 Dooly; superior court terms changed 601 Dougherty; superior court, judge, salary supplement authorized 15 Douglas; board of commissioners, salaries changed, etc. 2120 Douglas; coroner, compensation changed 3529 Douglas; High School Tigers Band, designated for President's inauguration 3 Douglas; superior court clerk, etc., salary changed 2280 Effingham; state court, solicitor, compensation changed, etc. 2535 Emanuel; ordinary, compensation changed 2326 Evans; sheriff's deputies, compensation changed 2799 Fannin; district attorney, assistant, compensation, etc. 250 Fayette; ordinary's office, certain salary provisions for personnel deleted 2510 Fayette; sheriff, automobile provisions changed 3212 Fayette; superior court clerk's office, personnel's salary, certain provisions deleted 2509 Fayette; superior court, judge, district attorney, salary supplements 3133 Fayette; tax commissioner's personnel, provisions changed 3214 Floyd; hospital authority vacancies, filling of 2057 Floyd; medical examiner, office created, etc. 3037

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Floyd; medical examiner, office created, proposed amendment to the Constitution 1499 Forsyth; district attorney, assistant, compensation, etc. 250 Franklin; sheriff's deputy, compensation changed 2562 Fulton; assistant district attorneys, certain restrictions removed, etc. 787 Fulton; board of commissioners, compensation changed, etc. 2462 Fulton; civil court, record destructions, certain, authorized 2737 Fulton; courts, certain, assistant district attorneys, certain restrictions removed, etc. 2712 Fulton; criminal court, new assistant solicitors authorized 2165 Fulton; criminal court, solicitors, compensation provided 2163 Fulton; fire prevention sums, certain, increased 2734 Fulton; pension fund, additional benefits provided 2723 Fulton; pension fund, certain recreation employees included, etc. 2718 Fulton; pension fund, certain recreation employees, prior service credit allowed 2720 Fulton; teachers and employees, retirement fund, certain military service credited 2730 Fulton; teachers and employees, retirement fund, dependents' benefits increased, etc. 2727 Fulton; teachers and employees, retirement fund, monthly earnings defined 2725 Gilmer; district attorney, assistant, compensation, etc. 250 Glascock; sheriff, deputy, compensation changed 3329 Glynn; state court, clerk, salary increased, etc. 3158 Glynn; state court, juror selection provided, etc. 2570 Gordon; commissioner, clerk for, appointment provided 2951 Gordon; county officers' salaries, certain grand juries to review, etc. 3320 Gordon; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1504 Gordon; investigator provided 684 Gordon; Murray, Whitfield Counties, Industrial City, created 2418 Gordon; superior court, reporter placed on salary, etc. 942 Greene; board of education, terms staggered, etc. referendum 3853 Gwinnett; board of commissioners, chairman, salary changed, etc. 3434 Gwinnett; county officers, compensation of certain changed 2412 Gwinnett; state court, compensation of officers changed 2446 Gwinnett; state court, juries, composition of, etc. 2601 Gwinnett; superior court judge, district attorney, law books 723 Gwinnett; tax commissioner, compensation changed 3432 Habersham; board of education, members' election authorized, etc., referendum 3809 Habersham; coroner placed on salary, etc. 3150 Habersham; ordinary, provisions relative to clerk changed 3331 Habersham; state court, solicitor, secretary for, provided 2709 Habersham; superior court, investigator provided, etc. 837 Hall; coroner, placed on salary, etc. 2816 Hancock; board of commissioners, annual audit required, etc. 3231

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Hancock; board of commissioners, employment of county police prohibited 3240 Hancock; county officers, certain, salaries increased, etc. 3237 Hancock; tax commissioner, compensation changed 3234 Harris; board of commissioners, compensations changed, etc. 3684 Hart; sheriff, deputies, employment provisions changed, etc. 3218 Hart; superior court clerk, compensation changed, etc. 3223 Hart; tax commissioner, personnel, provisions changed, etc. 3220 Heard; commissioners, compensation changed 2455 Heard; ordinary placed on salary, etc. 2452 Heard; sheriff, compensation changed 2457 Heard; superior court clerk placed on salary 2449 Heard; tax commissioner, compensation changed 2459 Henry; assistant district attorney, qualifications changed 654 Henry; board of commissioners, expense allowances changed 3524 Henry; county officers, certain, salaries increased, etc. 3521 Henry; water and sewerage authority, members, compensation changed, etc. 3519 Houston; businesses, license fees, unincorporated area; proposed amendment to the Constitution 1525 Houston; commissioners, compensation changed, etc. 2091 Houston; state court, terms changed 3072 Irwin; board of commissioners, clerk, salary changed 3492 Jackson; state court, terms changed, etc. 3574 Jefferson; board of roads and revenues, members, compensation changed, etc. 2289 Jefferson; sheriff, compensation changed, etc. 2298 Jefferson; state court, judge, solicitor, salaries changed 2292 Jones; commissioners, bonds, amounts changed, etc. 2414 Lamar; assistant district attorney, qualifications changed 654 Lanier; county attorney, compensation changed 2518 Lanier; ordinary, compensation changed, etc. 2516 Lanier; sheriff's compensation changed, etc. 2512 Lanier; superior court clerk, compensation changed, etc. 2519 Lanier; tax commissioner, compensation changed 2514 Laurens; sheriff, compensation changed, etc. 3939 Laurens; ordinary, compensation changed, etc. 3942 Laurens; state court, judge, solicitor, compensation changes, etc. 3952 Laurens; superior court clerk, compensation changed 3949 Laurens; tax commissioner, compensation changed 3946 Laurens; treasurer, compensation changed 3956 Lee; ordinary, personnel provided for, etc. 2819 Lee; superior court clerk, placed on salary 2003 Liberty; ordinary, provisions relative to clerk changed 3333 Liberty; superior court clerk, compensation changed, etc. 3201 Lincoln; ordinary, compensation changed 3960 Lincoln; treasurer, compensation changed 3962 Long; sheriff, clerk for, provided, etc. 2306 Long; sheriff, compensation changed, etc. 3039 Lowndes; board of commissioners, meeting date changed 3303 Lowndes; sheriff, compensation changed 2522

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Lowndes; utilities authority act, repealed 3302 Lowndes; water and sewerage authority act 3285 Lumpkin; sheriff's deputies, compensation changes, etc. 3155 Marion; school superintendent, appointment of, etc., referendum 3827 McDuffie; deputy sheriffs, additional, provided, etc. 2565 McDuffie; small claims court, certain costs changed 3456 McIntosh; ordinary, compensation changed 3115 McIntosh; superior court, compensation changed, etc. 3111 Meriwether; conveyance of land to authorized 662 Meriwether; ordinary, clerk of, compensation changed 3686 Miller; sheriff's deputies, provisions changed, etc. 3834 Miller; state court, act repealed, referendum 2776 Miller; state court, solicitor, fees changed 2487 Mitchell; state court, judge, solicitor, salary changes 3011 Monroe; assistant district attorney, qualifications changed 654 Montgomery; board of education, additional members provided, etc., referendum 2550 Montgomery; tax commissioner, assistant, salary provision repealed 2933 Montgomery; tax commissioner, compensation changed 2935 Morgan; superior court clerk, compensation changed, etc. 2503 Morgan; tax commissioner, compensation changed 2501 Murray; commissioner, compensation changed, etc. 3831 Murray; Gordon, Whitfield Counties, Industrial City, created 2418 Murray; ordinary, compensation changed 3530 Muscogee; municipal court, deemed state court for certain purposes 3061 Newton; superior court, reporter, employment of 520 Newton; taxation, unincorporated areas, provided 2878 Oconee; certain traffic regulation authorized, proposed amendment to the Constitution 1486 Paulding; fire prevention districts authorized, etc., referendum 3180 Paulding; ordinance adoption authorized, etc. 3184 Peach; superior court, judges, district attorney, salary supplements 176 Pickens; district attorney, assistant, compensation, etc. 250 Pierce; state court, judge, solicitor, compensations changed 3395 Pike; board of commissioners, members, compensation changes, etc. 3462 Pike; superior court, judge, district attorney, salary supplements authorized 3133 Pike; tax commissioner, compensation of, changed 3460 Pulaski; board of education, number of members provided, etc., referendum 2573 Pulaski; commissioner, compensation changed 3857 Pulaski; ordinary, compensation changed, etc. 3535 Pulaski; sheriff, compensation changed, etc. 3877 Pulaski; superior court clerk, compensation changed, etc. 3860 Pulaski; tax commissioner, compensation changed, etc. 3538 Putnam; tax commissioners, compensation changed, etc. 3438 Rabun; coroner, placed on salary 2704

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Rabun; sheriff, compensation increased, etc. 2706 Rabun; superior court, investigator provided, etc. 837 Randolph; deputy sheriff, compensation changed 2987 Richmond; animal control, penalty provided 3197 Richmond (Augusta); board of tax assessors, compensation changes 3059 Richmond (Augusta); coliseum authority created 3042 Richmond; board of education, attorney authorized 3308 Richmond; civil court, contempt penalty changed, etc. 2744 Richmond; officials, elected, employees eligible for merit system status 3199 Richmond; tax assessors, board of, created 2812 Rockdale; commissioner, salary changed 2043 Rockdale; coroner, salary changed 2055 Rockdale; ordinary, salary changed, etc. 2053 Rockdale; public defender, salary changed, etc. 2072 Rockdale; sheriff, salary changed, etc. 2045 Rockdale; superior court, reporter's salary changed 247 Rockdale; superior court clerk, report, etc. 2048 Rockdale; superior court, reporters, additional, authorized 249 Rockdale; tax commissioner, salary changed, etc. 2051 Spalding; superior court, judge, district attorney, salary supplements authorized 3133 Muscogee; Columbus, certain land sale ratified 3142 Stephens; coroner placed on salary 2875 Stephens; land conveyance authorized 17 Stephens; ordinary's clerk, salary changed 2099 Stephens; sheriff's deputies, salaries changed, etc. 2097 Stephens; superior court clerk's personnel, compensation changes 2095 Stephens; superior court, investigator provided, etc. 837 Stewart; sheriff's office, operating expenses changed, etc. 2930 Sumter; board of education reconstituted, etc., referendum 2127 Sumter; courthouse bell, plaque procurement authorized 3955 Sumter; ordinary, compensation changed 2352 Sumter; State Court, compensation of judge changed, etc. 2349 Sumter; treasurer, compensation changed 2354 Talbot; sheriff, expense allowance changed 3166 Talbot; tax commissioner, compensation changed 3164 Tattnall; board of commissioners, chairman, compensation changed, etc. 2957 Tattnall; board of education, chairman, members, compensation changes 2960 Tattnall; sheriff, compensation changed, etc. 2962 Tattnall; superior court clerk, compensation changed, etc. 2964 Taylor; board of commissioners, compensation changed 3926 Taylor; ordinary, compensation changed 3928 Taylor; sheriff, compensation changed, etc. 3576 Taylor; superior court clerk, compensation changed 3629 Taylor; tax commissioner, compensation changed, etc. 3621 Tift; board of commissioners, certain contingent expense allowance provided 2568

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Tift; board of commissioners, chairman, compensation changed 2408 Tift; tax commissioner, compensation changed 2410 Toombs; board of education, election provided, etc. 3022 Toombs; state court, judge, solicitor, salaries changed 3019 Towns; superior court, investigator provided, etc. 837 Treutlen; ordinary, salary provided 2940 Treutlen; sheriff, compensation changed, etc. 2942 Union, superior court, investigator provided, etc. 837 Upson; superior court, judge, district attorney, salary supplements authorized 3133 Walker; ordinary's office, personnel, compensation changed 2669 Walker; state court, judge, solicitor, compensation changed, etc. 3030 Walton; superior court, reporter, employment of 520 Ware; superior court clerk, compensation changed 3965 Washington; sheriff, compensation changed, etc. 2639 Washington; small claims court created 2061 Washington; state court, judge, solicitor, salaries changed 2636 Washington; superior court clerk, compensation changed 2642 Wayne; board of commissioners, compensation changed 3682 Webster; commissioner, compensation changed, etc. 2653 Webster; ordinary, placed on salary 2650 Webster; tax commissioner, compensation changed 2649 Webster; treasurer, compensation changed 2647 Wheeler; commissioner, county clerk, provisions changed 2617 Wheeler; ordinary, clerk for, provided 2619 Wheeler; sheriff, compensation changed, etc. 2328 Wheeler; superior court clerk, secretary provided 2937 Wheeler; tax commissioner, clerk for, provided, etc. 3017 Wheeler; treasurer, compensation changed 2631 White; water and sewerage authority act 3752 Whitfield; Gordon, Murray, Industrial City, created 2418 Wilcox; superior court, reporter's salary changed, etc. 602 Wilcox; superior court terms changed 601 Wilkes; superior court clerk, salary changed 2025 COUNTIES AND COUNTY MATTERS BY POPULATION 5,750-5,800; sheriff's compensation provided 2307 10,000-10,200; vehicle license and tag fees, etc., certain retention by tax commissioners authorized 2624 10,600-10,900; Coroners, certain population figures changed 565 12,800-12,950; small claims courts, jurisdiction changed 2635 13,000-13,300; courts of ordinary, insolvent costs disposition 2060 23,000-23,500; board of commissioners, monthly meeting provided 2673 23,600-23,800; coroners, compensation fixed 2673 27,000-28,000; elections, board of, provided 2553 34,500-39,500; small claims court; jurisdiction changed, etc. 2750

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55,110-58,000; coroners, compensation changed, etc. 2524 56,000-60,000; burial of paupers, expenses increased 594 59,000-60,000; municipalities, certain, exempted from county tax assessments use (15,000 or more) 913 60,000-65,000; certain board of elections provided 2086 63,000-72,000; governmental facilities, centralization of, authorized 2671 65,500-73,500; county offices, filling vacancies, provisions made for 2494 66,000-73,000; Elections, board of, provided 2658 120,000 or lessBanks facilities, determination of population requirements 127 145,000-165,000; board of elections provided 2283 145,000-165,000; certain elected officials, compensation fixed 2801 145,000-165,000; certain employees, compensation increased 2818 145,000-165,000; hotel and motel rates, filing authorized, etc. 2620 145,000-165,000; sheriff's personnel, compensation of, changed 2774 145,000-165,000; state courts, associate judge provided, etc. 3413 145,000-165,000; state courts, judges, included in retirement laws 2717 150,000-165,000; state courts, judges emeritus, effect of social security payments, etc. 2733 170,000-195,000; board of elections provided 3697 250,000-500,000; juvenile court judges, certain, compensation changed 2486 500,000 or more; criminal court, civil court, juvenile court, court of ordinary, judges' salaries provided 2308 500,000 or more; sheriffs compensation of, provided 2461 500,000 or more; tax deed retention, etc., act repealed 2676 500,000 or more; tax fi. fas., sale of, repeal of act providing for 2677 600,000 or more; criminal courts, defined as agency under Georgia records act 2674 COUNTY-WIDE GOVERNMENTS Columbus; airport commission, powers and duties defined 2016 Columbus; certain land sale ratified 3142 Columbus; municipal court, deemed state court for certain purposes 3061 Columbus; charter amended, homestead exemptions authorized, etc. 3773 Savannah-Chatham County; government, provisions changed 2268 METROPOLITAN AREAS 1,000,000 or more, Planning and Development Commission Act amended 225 1,000,000 or moreRiver Protection Act 128

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COUNTIES AND COUNTY MATTERS BASED UPON POPULATION OF MUNICIPALITIES 15,000 or more in counties of 59,000-60,000; exempted from using county tax assessments 913 COUNTIES AND COUNTY MATTERS HOME RULE ACTIONS DeKalb County; pension board act amended 3970 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; charter amended, corporate limits changed 3388 Ailey; charter amended, corporate limits changed, etc. 3125 Albany; corporate limits changed 2104 Alpharetta; charter amended, city officials, salaries changed 2385 Ashburn; charter amended, majority vote required for election 3063 Athens; charter amended, corporate limits redefined, etc. 2387 Athens; charter amended, merit system for employees, referendum 2354 Athens; charter amended, public transportation system authorized, etc., referendum 2367 Atlanta; board of education reorganized, etc. 2167 Atlanta; charter amended, board of education, tax rate fixation provided, etc. 2827 Atlanta; charter amended, court counselor provided 3749 Atlanta; charter amended, delinquent tax executions, time changed 2844 Atlanta; charter amended, street paving provided, etc. 2830 Atlanta; homestead exemptions, certain; authorized, proposed amendment to the constitution 1491 Atlanta; reincorporated 2188 Augusta; charter amended, recorder, qualifications provided, etc. 2548 Augusta; conveyance of land to, authorized 669 , 681 Augusta (Richmond County); Board of Tax Assessors, compensation changes 3059 Augusta (Richmond County); coliseum authority changed 3042 Austell; charter amended, corporate limits changed 3314

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Bainbridge; charter amended, corporate limits changed 3532 Barnesville; charter amended, recorder, qualifications changed 3509 Barnesville; charter amended, television service system authorized 3517 Barnesville; charter amended, ward boundaries extended 3512 Baxley; charter amended, corporate limits changed, referendum 3677 Between; new charter 3880 Blackshear; charter amended, election date changed, etc. 3128 Bowdon; new charter 3654 Calhoun; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1505 Camilla; charter amended, corporate limits changed 3008 Centerville; charter amended, corporate limits defined 3468 Chickamauga, charter amended, corporate limits changed, etc. 3025 Cochran; charter amended, election, plurality vote provided 2600 College Park; charter amended, mayor, councilmen, qualifications provided 3117 Commerce; charter amended, councilmen-at-large provided, etc. 3398 Covington; parking authority created; proposed amendment to the Constitution 1506 Dahlonega; charter amended, recorder, qualifications of, changed 2703 Dallas; charter amended, recorder's court 3193 Dalton; charter amended, mayor, council, salary changes 3014 Dalton; charter amended, recorder, compensation changed 3015 Dalton; unified pension plan changed 2019 Darien; charter amended, mayor, council, compensations changed 3113 Dasher; charter amended, corporate limits extended 3103 East Dublin; charter amended, terms of office changed, etc. 3652 East Point; charter amended, corporate limits changed, etc. 2577 East Point; increased retirement benefits provided for certain persons, proposed amendment to the Constitution 1495 Enigma; charter amended, election date changed, etc. 2802 Forest Park; new charter 3701 Fort Oglethorpe, Town of Charter amended, town marshal, term changed, etc. 3065 Fort Valley; charter amended, utilities commission, provisions changed 3312 Garden City; new charter 3581 Gordon, Murray and Whitfield Counties Industrial City 2418 Grantville; charter amended, corporate limits changed 3465 Griffin; charter amended, board of commissioners, chairman's election provided 3393

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Griffin; charter amended, street provisions changed 3455 Hamilton; charter amended, elections, provisions changed, etc. 3171 Hampton; charter amended, recorder's court created, etc. 3816 Hiram; charter amended, mayor, councilmen, compensation changes, etc. 3226 Hogansville; charter amended, board of education, members, election of, provided, etc. 3447 Hogansville; charter amended, cable television system authorized 3400 Hogansville; charter amended, city officials, election of, provided, etc. 3450 Hogansville; charter amended, corporate limits extended 3402 Hogansville; salaries, certain minimum provided 3404 Homer; charter amended, terms of office changed, etc. 3812 Jackson; land conveyance to, authorized 1403 Jefferson; new charter 2887 Kennesaw; charter amended, corporate limits changed, etc. 3385 Lake Park; new charter 3074 Leesburg; new charter 2851 Lenox; charter amended, certain land annexed 3372 Lexington; new charter 2779 Lincolnton; charter amended, mayor, councilmen, qualifications changed, etc. 2945 Locust Grove; charter amended, recorder's court created, etc. 3822 Loganville; charter amended, elections, etc. 3867 Louisville; corporate limits changed 2294 Ludowici; charter amended, corporate limits changed 3579 Lumber City; new charter 3540 Lumpkin; charter amended, certain funds prohibition removed, referendum 3152 Macon (Bibb County); Water and Sewerage Authority Act amended 2603 Macon; land conveyance to, authorized 1416 Macon; transit authority act enacted 2914 Madison; charter amended, mayor, aldermen, compensation changed 2500 Mansfield; charter amended, councilmen, fees provided, etc. 2953 Marietta; ad valorem taxation exemption provided 2287 Marietta; lease of land to, authorized 1412 Marietta; mayor, councilmen, qualifications changed, etc. 3471 Menlo; mayor's court judge 2319 Morganton; new charter 2682 Moultrie; charter amended, corporate limits changed, etc. 3793 Nahunta; charter amended, election date changed, etc., referendum 3631 Nashville; charter amended, mayor, aldermen, compensation changes, etc. 3441 Newnan; charter amended, certain terms of office changed 3688 Newnan; charter amended, utilities, certain, authorized in unincorporated area, etc. 3690 Oakwood; charter amended, street widths provided, etc. 2739

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Ocilla; charter amended, corporate limits changed 3802 Ocilla; charter amended, qualifications for office changed 3806 Patterson; charter amended, recorder's court provided, etc. 3870 Peachtree City; charter amended, additional territory provisions, etc. 2821 Peachtree City; water, sewerage and recreational authority, created 2989 Pearson; charter amended, election date changed 2528 Perry; charter amended, fees, qualifying, increased 2847 Perry; charter amended, majority vote, election by, provided, etc. 2849 Perry; charter amended, woodland lot tax prohibition stricken 2873 Perry; homestead exemptions increased, proposed amendment to the Constitution 1500 Perry; telephone authority created 3776 Pineview; charter amended, street disposals, certain, authorized 3123 Pooler; charter amended, corporate limits changed, etc. 3415 Porterdale; charter amended; mayor, councilmen, compensation changed 2955 Riddleville; charter amended, certain terms of office changed, etc. 3107 Ringgold; charter amended, corporate limits changed 3276 Riverdale; charter amended, ad valorem taxation provisions changed 3642 Riverside; ad valorem tax increased 2926 Rome; charter amended, corporate limits changed 3381 Rossville; charter amended, councilmen, number changed 3033 Roswell; charter amended, corporate limits changed 3407 Sardis; charter amended, corporate limits changed 3131 Savannah Beach; charter amended, corporate limits changed, etc., referendum 3693 Savannah (Chatham); government, provisions changed 2268 Smyrna; charter amended, corporate limits changed 3354 , 3358 Snellville; name change made 3436 Soperton; city court, judge, salary changed, etc. 2938 Sparks; charter amended, mayor, term changed, etc. 3369 Stockbridge; charter amended, taxation provisions changed 3527 Summerville; charter amended 2311 Sylvester; charter amended, elections, majority vote required 3352 Thomaston; charter amended, corporate limits extended, etc. 3279 Thomasville; board of education, members, election of, etc. 2753 Thomson; new charter 2132 Tifton; charter amended, offices of mayor and vice mayor renamed, etc. 2557 Toccoa; charter amended, corporate limits changed 2969 Toccoa; mayor, compensation provided, etc. 3169 Twin Lakes; new charter, referendum 3837 Valdosta; charter amended, corporate limits changed, etc. 3242 Warner Robins; charter amended, certain bond refunding authorized 3673

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Warner Robins; charter amended, corporate limits changed 3930 Watkinsville; charter amended, election provisions changed, etc. 2742 Waycross; charter amended, certain effective date changed 3216 White Plains; charter amended, corporate limits changed 3105 Williamson; charter amended, mayor, councilmen, compensation provided 3515 Winterville; charter amended, police court, presiding officer provided, etc. 2597 Wrightsville; charter amended, mayor's court, fines increased, etc. 3139 MUNICIPAL CORPORATIONS BY POPULATION 14,310-15,140; Rural telephone cooperatives, authority to exercise certain powers granted 229 18,100-18,250; rezoning restrictions on annexed property provided 2094 27,000-28,000; required to use county voters list, etc. 277 300,000 or more; fire departments, increased pension benefits provided 2880 300,000 or more; fire departments, pensions, service requirements changed, etc. 2837 300,000 or more; general employees, pensions, benefits changed, etc. 2841 300,000 or more; increased retirement benefits for certain persons, proposed amendment to the Constitution 1493 300,000 or more; police departments, increased pensions provided 2882 300,000 or more; police departments, pensions, service requirements changed, etc. 2832 300,000 or more; retirement, length of service provisions changed, etc. 3768 400,000 or more; alcoholic beverage consumption, etc., certain authorization made 2678 400,000 or more; impoundment of vehicle act, amended 2622 400,000 or more; municipal home rule act 173 METROPOLITAN AREA BY POPULATION 1,000,000 or more; planning and development commission, act amended 225 MUNICIPALITIESHOME RULE AMENDMENTS Albany; recorder's court, sentences 4121 Albany; streets, paving, etc. 4104

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Atlanta; certain terms of office changed 4114 Atlanta; chief of police, term of office changed 4011 Atlanta; cooperative area manpower employees, etc. 4128 Atlanta; department heads, retirement, emeritus officers 4034 Atlanta; fiscal year provided 4025 Atlanta; officers and employees, classifications 4130 Atlanta; police and fire department salaries 4118 Carrollton; tax digest 4089 East Point; new employees retirement system of 1971 4014 Gainesville; retirement fund act amended 4095 Griffin; charter reorganized into titles 3978 Macon; public transit system authorized 4136 Newnan; board of health abolished 4125 Newnan; retirement plan 4037 Rome; employee pension fund ordinance amended 4004 Savannah; certain section stricken 4027 Savannah; new pension plan 4055 Savannah; street improvements 4030 Shellman; appointment of certain officers authorized 4134 Toccoa; recorder's court 4110 RESOLUTIONS AUTHORIZING COMPENSATION Agerton, G. Frank, Jr. 3869 Campbell, Mrs. Billy W. 3801 Carter, Mrs. Lucille Hall 3876 Cowell, William P. 3821 Curtis Youngblood Ford, Inc. 3925 Dodgen, Geraldine 3830 Ellett, Bruce G. 3811 Federal Bureau of Investigation 3879 Hester, Eugene 3856 Keener, Hoyt 3751 Lacher, Mrs. Hilda C. 3951 LaCroy, Hoyt Jackson 3808 Lanier, Mrs. Linda 3925 Long, Doyal H. 3873 McCrae, Mrs. Hazel 3945 Meeks, Mrs. Carrie K. 3941 Mobile Home Industries, Inc. 3792 Peeples, Richard R. 3948 Peeples, Mrs. Ruth H. 3948 Pendley, Stephen E. 3748 Perkins, Marvin L. 3924 Powell, Mrs. Sara A. L. 3815 Redding, Eugene 3826 Rutledge Chevrolet Company 3771 Sessions Company, Inc. 3859 Smith, E. Mitchell 3852

Page 1570

Southern Bell Telephone and Telegraph Company 3866 Thombley, Newell N. 3938 Tucker, James 3775 Williams, E. W. 3920 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Augusta, City of; conveyance of land authorized 669 , 681 Cody, John A.; conveyance of land to, conditionally authorized 1464 Continental Can Company, Inc.; easement conveyance to, authorized 1408 Curtis, E. L.; conveyance of land to/or wife, authorized 1479 Dickie Starnes Memorial, Inc.; lease of land to authorized 232 Georgia Marine Warehouse Company; license, certain, in Savannah River Bottom granted 1445 Jackson, City of; land conveyance to, authorized 1403 Macon, City of; land conveyance to authorized 1416 Marietta, City of; lease of land to authorized 1412 Meriwether County; conveyance of land authorized 662 Milledgeville-Baldwin County Industrial Development AuthorityConveyance of land to authorized 649 Omni International, Inc.; lease of land to authorized 346 Ousley, R. L.; land conveyance to, authorized 1424 Savannah River Pipeland Corporation; easement conveyance to, authorized 1408 Southern Natural Gas Company Easement conveyance authorized 321 Stephens County; land conveyance authorized 17 Stone Fort Land Company; land conveyance authorized 21 MISCELLANEOUS RESOLUTIONS Alexander, Joseph Simmons, Sr., bridge named 3805 Architectural, Engineering firms doing business with State, resolution amended 640 Atlanta, Metropolitan, Rapid Transit Overview CommitteeCreated 70 Atlanta, Metropolitan, Rapid Transit Overview CommitteeExpenditures provided 73 ColumbusDirections signs to, authorized 690 Crumbley, Marie, Mrs.; compensation to authorized 3767 Davidson, James P., memorial marker authorized 3836 DeKalb; election laws study committee created 3173 Fulton County Voiture, La Societe Des 40 Hommes Et 8 Chevaux, Inc., boxcar conveyance authorized to 695 George T. Bagby State Park, named 3958 James P. Davidson, memorial marker authorized 3836

Page 1571

Joseph Simmons Alexander, Sr., bridge named 3805 L. C. Moone; road designated 2679 Metropolitan Atlanta Rapid Transit Overview CommitteeCreated 70 Metropolitan Atlanta Rapid Transit Overview CommitteeExpenditures provided 73 Minimum foundation program of education, study committee created 1476 Moone; L. C.; road designated 2679 Nail, W. A. (At), Bridge, designated 3832 Rapid Transit, Metropolitan Atlanta, Overview CommitteeCreated 70 Rapid Transit, Metropolitan Atlanta, Overview CommitteeExpenditures provided 73 Sheriffs' Boys' Ranch Road, designated 3863 Signs, certain directional, authorized 690 W. A. (At) Nail Bridge, designated 3832

Page 1572

ACTS BY NUMBER 1 4 2 10 3 2003 4 12 5 14 6 2005 7 2016 8 15 9 2019 10 2025 11 2028 12 2030 13 2032 14 2043 15 2045 16 2048 17 2051 18 2053 19 2055 20 2057 21 2060 22 2061 23 2072 24 19 25 2075 26 2077 27 40 28 55 29 57 30 63 31 2079 32 2081 33 2083 34 2086 35 2091 36 2094 37 74 38 95 39 2095 40 2097 41 2099 42 2101 43 2104 44 96 45 2120 46 2122 47 2124 48 2127

Page 1573

49 2132 50 2163 51 2165 52 2167 53 2188 54 97 55 2268 56 98 57 100 58 2280 59 2283 60 2287 61 2289 62 2292 63 2294 64 2298 65 127 66 128 67 2300 68 2306 69 139 70 141 71 148 72 149 73 157 74 159 75 173 76 174 77 175 78 176 79 183 80 185 81 2307 82 2308 83 186 84 190 85 191 86 192 87 2309 88 2311 89 2314 90 2317 91 2319 92 2320 93 2323 94 200 95 2326 96 2328 97 221 98 225

Page 1574

99 2330 100 2334 101 2336 102 2337 103 2349 104 2352 105 2354 106 2356 107 2367 108 2370 109 2373 110 2375 111 2377 112 2381 113 2385 114 2387 115 2408 116 2410 117 2412 118 2414 119 226 120 227 121 2418 122 229 123 2446 124 2449 125 2452 126 2455 127 2457 128 2459 129 2461 130 2462 131 232 132 2467 133 2486 134 2487 135 2489 136 2492 137 2494 138 247 139 249 140 2495 141 2498 142 2500 143 2501 144 2503 145 2506 146 2509 147 2510 148 2512

Page 1575

149 2514 150 2516 151 2518 152 2519 153 2522 154 2524 155 250 156 2526 157 2528 158 2531 159 2534 160 2535 161 2538 162 256 163 2542 164 259 165 260 166 2548 167 271 168 274 169 276 170 2550 171 277 172 2553 173 278 174 281 175 2557 176 284 177 286 178 288 179 291 180 292 181 295 182 297 183 299 184 303 185 309 186 2559 187 311 188 317 189 318 190 2562 191 2565 192 2568 193 319 194 328 195 2570 196 332 197 2573 198 2577

Page 1576

199 333 200 336 201 341 202 342 203 2597 204 344 205 430 206 2600 207 2601 208 2603 209 433 210 434 211 435 212 437 213 438 214 443 215 444 216 446 217 449 218 452 219 454 220 455 221 457 222 458 223 459 224 466 225 467 226 470 227 471 228 474 229 475 230 478 231 479 232 480 233 481 234 483 235 2617 236 2619 237 484 238 487 239 488 240 489 241 491 242 493 243 494 244 497 245 499 246 503 247 504 248 507

Page 1577

249 2620 250 508 251 509 252 511 253 512 254 520 255 2622 256 524 257 525 258 526 259 533 260 534 261 536 262 539 263 540 264 2624 265 542 266 544 267 547 268 547 269 2625 270 2627 271 549 272 552 273 554 274 2629 275 555 276 557 277 559 278 2631 279 560 280 2633 281 561 282 563 283 564 284 565 285 567 286 568 287 569 288 2635 289 2636 290 2639 291 2642 292 571 293 574 294 575 295 576 296 2644 297 2645 298 2645

Page 1578

299 2646 300 2647 301 2649 302 2650 303 2653 304 577 305 578 306 579 307 581 308 2656 309 2658 310 583 311 584 312 588 313 590 314 592 315 2663 316 2665 317 594 318 595 319 598 320 601 321 602 322 609 323 610 324 610 325 613 326 617 327 622 328 635 329 639 330 641 331 643 332 650 333 2669 334 653 335 654 336 661 337 664 338 665 339 666 340 2671 341 668 342 672 343 673 344 677 345 2673 346 2673 347 684 348 688

Page 1579

349 689 350 691 351 693 352 697 353 700 354 701 355 706 356 708 357 709 358 711 359 712 360 714 361 716 362 718 363 719 364 2674 365 2676 366 2677 367 720 368 725 369 726 370 727 371 727 372 729 373 746 374 747 375 750 376 2678 377 778 378 2680 379 2682 380 2703 381 2704 382 2706 383 2709 384 781 385 784 386 785 387 787 388 2712 389 2714 390 788 391 2717 392 790 393 2718 394 2720 395 2723 396 2725 397 2727 398 2730

Page 1580

399 2733 400 794 401 795 402 796 403 806 404 2734 405 2737 406 807 407 2739 408 808 409 2742 410 810 411 2744 412 811 413 813 414 824 415 2750 416 825 417 826 418 2753 419 2761 420 2764 421 2772 422 2774 423 827 424 829 425 830 426 833 427 2776 428 835 429 2779 430 837 431 842 432 844 433 846 434 2799 435 857 436 877 437 2801 438 2802 439 2805 440 2808 441 2810 442 879 443 2812 444 2816 445 2818 446 880 447 882 448 890

Page 1581

449 2819 450 2821 451 2827 452 2830 453 892 454 894 455 895 456 896 457 2832 458 2837 459 897 460 900 461 903 462 905 463 2841 464 2844 465 2846 466 2847 467 2849 468 2851 469 2869 470 2872 471 2873 472 2875 473 907 474 2878 475 2880 476 2882 477 2885 478 908 479 910 480 911 481 2887 482 2914 483 2924 484 2926 485 2928 486 2930 487 2933 488 2935 489 2937 490 2938 491 2940 492 2942 493 2945 494 2951 495 2953 496 2955 497 2957 498 2960

Page 1582

499 2962 500 2964 501 2967 502 2969 503 2987 504 2989 505 3008 506 3011 507 3014 508 3015 509 3017 510 3019 511 3022 512 3025 513 3030 514 913 515 3033 516 3037 517 916 518 3039 519 3042 520 3059 521 3061 522 3063 523 3065 524 3072 525 3075 526 3103 527 3105 528 3107 529 3111 530 3113 531 3115 532 3117 533 3120 534 3123 535 3125 536 3128 537 3131 538 3133 539 3139 540 920 541 3143 542 3145 543 3147 544 3150 545 3152 546 3155 547 3158 548 3161

Page 1583

549 3164 550 3166 551 3169 552 3171 553 3173 554 3176 555 3180 556 3184 557 3193 558 924 559 3197 560 3199 561 3201 562 3205 563 3207 564 929 565 3212 566 3214 567 3216 568 3218 569 3220 570 3223 571 3226 572 3231 573 3234 574 3237 575 3240 576 3242 577 931 578 3276 579 3279 580 3285 581 3302 582 3303 583 3305 584 3308 585 3310 586 3312 587 3314 588 3320 589 3322 590 3329 591 3331 592 3333 593 3334 594 3336 595 3339 596 3352 597 3354 598 3358

Page 1584

599 932 600 3369 601 3372 602 3374 603 3381 604 3385 605 3388 606 3393 607 934 608 3395 609 935 610 3398 611 3400 612 3402 613 3404 614 3407 615 939 616 3413 617 3415 618 3428 619 3432 620 3434 621 3436 622 3438 623 3441 624 3447 625 3450 626 3453 627 3455 628 3456 629 3460 630 3462 631 3465 632 3468 633 3471 634 3492 635 3494 636 3497 637 3509 638 3512 639 3515 640 3517 641 3519 642 3521 643 3524 644 3527 645 3529 646 3530 647 3532 648 3535

Page 1585

649 3538 650 3540 651 3567 652 3569 653 3572 654 3574 655 3576 656 3579 657 3581 658 3621 659 3623 660 3627 661 3629 662 3631 663 3637 664 3640 665 3642 666 3644 667 3652 668 942 669 3654 670 3673 671 3677 672 3682 673 3684 674 3686 675 3688 676 3690 677 945 678 946 679 947 680 1191 681 3693 682 3697 683 1192 684 1194 685 1197 686 1202 687 1260 688 1261 689 1265 690 1267 691 1269 692 1273 693 1285 694 1288 695 1289 696 1294 697 1296 698 1297

Page 1586

699 1299 700 1300 701 1301 702 1315 703 1316 704 1353 705 3701 706 1406 707 3749 708 3752 709 1405 710 1407 711 1410 712 3768 713 1414 714 1418 715 1427 716 3773 717 1449 718 1450 719 1468 720 1478 721 1481 722 1483 723 3776 724 3793 725 3802 726 3806 727 3809 728 3812 729 3816 730 3822 731 3827 732 3831 733 3834 734 3837 735 3853 736 3857 737 3860 738 3864 739 3867 740 3870 741 3874 742 3877 743 3880 744 3926 745 3928

Page 1587

746 3930 747 3939 748 3942 749 3946 750 3949 751 3952 752 3956 753 3960 754 3962 755 3965

Page 1588

RESOLUTIONS BY NUMBER 1 3 2 17 3 21 4 68 5 70 6 73 7 232 8 1486 9 308 10 321 11 346 12 640 13 649 14 662 15 669 16 681 17 690 18 695 19 2679 20 710 21 2710 22 723 23 1403 24 1408 25 3748 26 3751 27 3767 28 3771 29 3775 30 3792 31 3801 32 3805 33 3808 34 3811 35 3815 36 3821 37 3826 38 3830 39 3832 40 3836 41 3852 42 3856 43 3859 44 3863 45 3866 46 3869 47 3873 48 3876

Page 1589

49 3879 50 3924 51 1412 52 3925 53 3930 54 1416 55 1424 56 3938 57 3941 58 3945 59 1445 60 3948 61 3951 62 3955 63 1464 64 1476 65 3958 66 1479 67 1487 68 1489 69 1491 70 1493 71 1495 72 1496 73 1499 74 1500 75 1502 76 1504 77 1505 78 1506 79 1522 80 1525 81 1527

Page 1590

A ABORTIONS New chapter provided 635 ACWORTH, CITY OF Charter amended, corporate limits changed 3388 ADMINISTRATIVE SERVICES, DEPARTMENT OF Telecommunications system authorized 1261 ADOPTIONS Certain, financial aid, certain, provided, etc. 946 AGE OF MAJORITY ACT Amended 590 AGENCY Power of attorney not revoked by incompetency of principal, etc. 493 AGERTON, G. FRANK, JR. Compensation to, authorized 3869 AGRICULTURE Cooperative Marketing Act, fisheries included, etc. 835 AILEY, CITY OF Charter amended, corporate limits changed, etc. 3125 AIR QUALITY CONTROL ACT Amended, emitting air contaminants, permit required for, etc. 1285 AIRPORTS Unlawful to tax traveling persons, etc. 483 ALBANY, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments . Corporate limits changed 2104

Page 1591

ALCOVY JUDICIAL CIRCUIT Court reporter, employment of 520 ALEXANDER, JOSEPH SIMMONS, SR., MEMORIAL BRIDGE Named 3805 ALPHARETTA, CITY OF Charter amended, city officials, salaries changed 2385 ANESTHESIA Certain nurses may administer 433 ANIMAL IMPORTATION ACT, GEORGIA Enacted 1468 ANIMALS, DEAD, DISPOSAL ACT Amended 569 APPELLATE PRACTICE ACT Amended, notice of appeal, jurisdictional statement changed, etc. 303 APPLING COUNTY Board of education, compensation of members changed, referendum 3569 Commissioners, compensation changed 3567 Ordinary, supplemental salary provided 3874 Small claims court, judge, filling vacancies in office, provided 3572 Sheriff's deputies, provisions relating to, changed, etc. 3623 APPROPRIATIONS, GENERAL, ACT Amended 1316 Enacted 1353 ARCHITECTURAL AND ENGINEERING FIRMS Doing business with State, resolution amended 640

Page 1592

AREAS, VITAL, ACT OF 1973 Enacted 935 ART Certain objects of, exempt from sales tax, etc. 276 ASHBURN, CITY OF Charter amended, majority vote required for election 3063 ATHENS, CITY OF Charter amended, corporate limits redefined, etc. 2387 Charter Amended, Merit System for Employees, etc., referendum 2354 Charter amended, public transportation system authorized, etc., referendum 2367 ATKINSON COUNTY Board of commissioners, clerk for, provided, etc. 2526 Sheriff, automobiles provided for, etc. 2531 ATLANTA BALLET Designated as State Ballet Company 68 ATLANTA, CITY OF See also tobular indexMunicipalities, Home Rule, Amendments . Charter amended, Board of education reorganized, etc. 3167 Charter amended, board of education, tax rate fixation provided, etc. 2827 Charter amended, court counselor provided 3749 Charter amended, delinquent tax executions, time changed 2844 Charter amended, street paving provided, etc. 2830 Homestead exemptions, certain, authorized, proposed amendment to the Constitution 1491 Reincorporated 2188 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys, certain restrictions removed, etc. 787 Deputy district attorneys 10 ATLANTA, METROPOLITAN, RAPID TRANSIT AUTHORITY ACT AMENDED Contracts, certain, public inspection provided 141

Page 1593

ATLANTA, METROPOLITAN, RAPID TRANSIT OVERVIEW COMMITTEE Created 70 Expenditures provided 73 ATTORNEY GENERAL Certain reimbursements provided, etc. 810 ATTORNEY'S FEES Corporate sureties, liability for, etc. 825 AUCTION SALES Personal property, regulation of, etc. 494 AUGUSTA, CITY OF Charter amended, recorder, qualifications provided, etc. 2548 Conveyance of land to authorized 669 , 681 (Richmond); Board of Tax Assessors, compensation changes 3059 Richmond County Coliseum Authority, created 3042 AUSTELL, CITY OF Charter amended, corporate limits changed 3314 B BACON COUNTY Commissioners, compensation changed, etc. 2334 Ordinary, secretary authorized 2336 Sheriff, compensation changed, etc. 2330 Small Claims Court created 2337 Tax Commissioner, part-time personnel authorized, etc. 2492 BAGBY, GEORGE T., STATE PARK Named 3958 BAIL Certain offenses, bailable before superior court judge 454 Misdemeanors, not refused during appeal 454 Driver's license used as, traffic offenses 435 Refusal of, grand jury must hear in 90 days 291

Page 1594

BAINBRIDGE, CITY OF Charter amended, corporate limits changed 3532 BALLET, ATLANTA Designated as State Ballet Company 68 BALLOTS Processing defective cards provided 175 BANKS Bank Holding Companies, voting stock in other banks provided 281 Branches, population requirements, determination provided, etc. (120,000 or less) 127 Certain federal and national institutions, taxed as State banks, etc. 924 Checks drawn without funds, provisions changed, etc. 491 Directors qualifications changed 811 Expansion, certain, of facilities authorized, etc. 526 Holding Companies, voting stock in other banks provided 281 Investments, certain advertisements prohibited, etc. 534 Merger, certain stock provisions made, etc. 278 BARBER ACT, GEORGIA Enacted 1450 BARNESVILLE, CITY OF Charter amended, recorder, qualifications changed 3509 Charter amended, television service system authorized 3517 Charter amended, ward boundaries extended 3512 BARROW COUNTY Board of commissioners, certain dereliction of duty provisions repealed, etc. 3322 Ordinary, compensation changed, etc. 2538 BARTOW COUNTY Court reporter placed on salary, etc. 942 Investigator provided 684 BAXLEY, CITY OF Charter amended, corporate limits changed, referendum 3677

Page 1595

BEN HILL COUNTY Superior court, reporter's salary changed, etc. 602 Superior court terms changed 601 BERRIEN COUNTY Board of Commissioners, members, compensation changed 2810 Sheriff, compensation changed, etc. 2805 Tax commissioner's office, certain personnel, compensation changed 2808 BETWEEN, TOWN OF New charter 3880 BIBB COUNTY (Macon) Water and Sewerage Authority Act Amended 2603 Superior court judges, district attorney, salary supplements 176 BICENTENNIAL CELEBRATION National, Georgia commission reestablished, etc. 311 BICYCLES Safety Act enacted 471 Trail construction authorized 470 BLACKSHEAR, CITY OF Charter amended, election date changed, etc. 3128 BLECKLEY COUNTY Tax commissioner, compensation of clerk changed 3864 BLUE RIDGE JUDICIAL CIRCUIT District Attorney, Assistant, compensation provided, etc. 250 BOARD OF CORRECTIONS Prisoners, benefits on release provided, etc. 542 Prisoners, possession of deadly weapon in prison penalized, etc. 555 Prisoners, transfers to federal authorities provided 1297 Prisoners, work regulations for pay, etc. 1299

Page 1596

BOARD OF EDUCATION County, independent, cooperative education service agencies, social security collections 808 County, meetings 700 BOARD OF HEALTH Fluoridation of certain water supplies provided 148 BOARD OF NATURAL RESOURCES Organization provided 139 BOARD OF PARDONS AND PAROLES Members, removal of, etc. 727 Membership increased 157 BOARD OF TAX ASSESSORS, COUNTY Appeals, certain, provided 709 BOAT SAFETY ACT, GEORGIA Enacted 1427 BOILERS AND PRESSURE VESSELS ACT AMENDED Installation of, certain exemptions provided 561 BONDS Fiduciary, for value of estate, provided 826 Fiduciary, not to include real estate, etc. 1191 Non resident executors, certain, relieved of 481 Revenue; gas and electric systems, majority vote requirement, deleted, proposed amendment to the Constitution 1496 BOWDON, CITY OF New charter 3654 BRYAN COUNTY Sheriff's deputies, number increased, etc. 3627 BUDGET ACT Annual appropriations provided 673

Page 1597

BUILDING AND LOAN ACT Business must be conducted on premises 653 Amended, charter approval by commissioner required 533 BUREAU OF STATE PLANNING AND COMMUNITY AFFAIRS Functions enlarged, etc. 511 BURIAL Paupers, certain counties, expenses increased (56,000-60,000) 594 Places, permits, obtaining to disturb 318 BURKE COUNTY Board of commissioners, compensation changes 3334 Hospital Authority, successor members, appointments provided 2656 Sheriff, compensation changed 2633 Small claims court created 3497 State court, terms changed 3336 Superior court, terms changed 2846 BUSINESS DEVELOPMENT CORPORATION ACT, GEORGIA, AMENDED Commencing business, etc. 536 BUTTS COUNTY Assistant district attorney, qualifications changed 654 Tax Commissioner, compensation changed 2077 C CALHOUN, CITY OF Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1505 CALHOUN COUNTY Tax Commissioner placed on salary, etc. 2489 CAMDEN COUNTY Tax Commissioner, personnel, compensation changed, etc. 2495

Page 1598

CAMILLA, CITY OF Charter amended, corporate limits changed 3008 CAMPBELL, BILLY W., MRS. Compensation to, authorized 3801 CANDLER COUNTY Board of commissioners, compensation changes, etc. 2627 Sheriff, compensation changed, etc. 2625 State court, judge, solicitor, salaries changed 3161 CARROLL COUNTY Coroner placed on salary 2924 State court, solicitor, compensation changed, etc. 2714 CARROLLTON, CITY OF See also tabular indexMunicipalities, Home Rule, amendments . CARTER, MRS. LUCILLE HALL Compensation to, authorized 3876 CATCH OUT POND License provided, etc. 274 CATOOSA COUNTY Commissioner's clerical assistance allowance increased, etc. 2373 Deputy sheriffs, additional, provided, etc. 2377 Development authority implemented 3310 Employees, hospitalization insurance provided 2375 Superior court clerk, compensation changed, etc. 2370 Tax commissioner, clerical assistance allowance increased 2559 CATTLE PRODUCTION Defined; revenue, tax exemption act amended 934 CEMETERIES Burial places, permits, obtaining to disturb 318 CENTERVILLE, CITY OF Charter amended, corporate limits defined 3468

Page 1599

CHARLTON COUNTY Ordinary, clerk of, compensation changed 2506 CERTIFICATE OF TITLE ACT, MOTOR VEHICLE, AMENDED Bond provisions, certain, changed 712 CHATHAM COUNTY Board of commissioners designated 2079 Commissioners, ex officio judges, compensation changed 2081 Governing authority designated 2083 (Savannah); government, provisions changed 2268 CHATTAHOOCHEE COUNTY Board of commissioners, clerk's compensation changed 2869 Tax commissioner, compensation changed 2872 CHATTOOGA COUNTY Commissioner, compensation changed, etc. 2323 Deputy sheriff, compensation changed, etc. 2317 Ordinary, compensation changed, etc. 2314 Superior court deputy clerk, compensation, etc. 2309 Tax Commissioner, deputy, salary changed 2320 CHECKS Drawn without funds, provisions changed, etc. 491 CHEROKEE COUNTY Board of education, position numbering provided, etc., referendum 3207 Deputy sheriffs, compensation changed, etc. 2381 District Attorney, Assistant, compensation provided, etc. 250 Water Authority Act amended, bond limitation deleted, etc. 3205 CHEROKEE JUDICIAL CIRCUIT Court reporter placed on salary, etc. 942 Investigator provided 684 CHICKAMAUGA, CITY OF Charter amended, corporate limits changed, etc. 3025 CHILD SUPPORT RECOVERY ACT Enacted 192

Page 1600

CHILD WELFARE AGENCY, UNLICENSED Injunction authorized, etc. 560 CHILDREN Abuse of, reports expanded 309 Adoptions, certain, financial aid, certain, provided, etc. 946 Age of majority, act amended 590 Child Support Recovery Act 192 Illegitimate, support by accused father, etc. 697 Names, change, parents' consent required, etc. 504 CHILDREN AND YOUTH ACT AMENDED Adoptions, certain, financial aid provided, etc. 946 Certain penalty provisions changed, etc. 563 Unlicensed child welfare agency, injunction authorized, etc. 560 CIVIL COURT Judges' salaries, certain counties (500,000 or more) 2308 CIVIL DEFENSE Act of 1951 amended 74 Interstate, defense compact act, enacted 459 Local employees, included in joint municipal retirement system, etc. 446 CIVIL DEFENSE AND DISASTER COMPACT ACT, INTERSTATE Enacted 459 CIVIL PRACTICE ACT Certain executions authorized after judgment 693 CLAIMS, STATE COURT OF Created, proposed amendment to the Constitution 1489 CLARKE COUNTY Board of commissioners, new, created, etc., referendum 2467 Board of education, new, provided, etc., referendum 3374 CLAYTON COUNTY Board of Commissioners, act amended 2005 Superior Court, court reporters provided 592

Page 1601

CLAYTON JUDICIAL CIRCUIT Court reporters provided 592 CLINCH COUNTY Deputy sheriffs, compensation of, changed 3453 Ordinary, compensation changed 2534 COASTAL MARSHLANDS PROTECTION COMMITTEE Named 564 COBB COUNTY Ad valorem taxation, certain exemption provided 2101 Board of commissioners, recall provisions changed 3120 Board of commissioners, rezoning proceedings, members' interest must be revealed, etc. 3640 Board of commissioners, zoning, members required to vote on 3305 Homestead exemption, certain, provided; proposed amendment to the Constitution 1522 Juvenile court, judge, salary changed, etc. 2122 Land lot survey, certain, authorized 2710 Local law authorized, zoning and planning powers; proposed amendment to the Constitution 1527 State court, assistant solicitors, number changed, etc. 2124 State court, court reporters authorized, etc. 3176 State court, judges, compensations changed 3637 Superior court, reporters, assistant district attorneys, provided 584 Superior court judge, furnishing law books to 710 Taxation study committee created 3644 COBB JUDICIAL CIRCUIT Court reporters, assistant district attorneys 584 Judge, furnishing law books to 710 COCHRAN, CITY OF Charter amended, election, plurality vote provided 2600 CODY, JOHN A. Conveyance of land to, conditionally authorized 1464 COLLEGE PARK, CITY OF Charter amended, mayor, councilmen, qualifications provided 3117

Page 1602

COLQUITT COUNTY Superior court clerk, compensation changed, etc. 3494 COLUMBIA COUNTY Board of Commissioners, chairman's salary changed 2030 Small claims court created, etc. 2032 Superior court clerk, salary changed, etc. 2028 COLUMBUS Airport commission, powers and duties defined 2016 Charter amended, certain land sale ratified 3142 Charter amended, homestead exemptions authorized, etc. 3773 Direction sign to, authorized 690 Municipal court, deemed state court for certain purposes 3061 COMMERCE, CITY OF Charter amended, councilmen-at-large provided, etc. 3398 COMMERCIAL CODE Warehousemen's liens, household goods, effectiveness, etc. 437 COMMISSION ON COMPENSATION, STATE Salaries, certain, increased 701 COMMISSIONER OF ROADS Compensation of, certain, act repealed 2644 COMMON CARRIERS, MOTOR Temporary emergency authority, etc. 641 COMMUNITY REHABILITATION CENTERS Provided 579 , 581 COMPANIES Multi-Level, regulated, etc. 336 COMPENSATION, STATE COMMISSION ON Salaries, certain, increased 701 CONTINENTAL CAN COMPANY, INC. Easement conveyance to, authorized 1408

Page 1603

CONTRACT CARRIERS, MOTOR Uniform license requirements, etc. 643 COOK COUNTY Board of Commissioners, membership changed, etc., referendum 2300 Sheriff, certain reimbursement expenses changed 3145 Tax commissioner, fees, etc., county property 3147 COOPERATIVE MARKETING ACT Agricultural products include fisheries, etc. 835 CORDELE JUDICIAL CIRCUIT Superior court, reporter, salary changed, etc. 602 Terms changed 601 CORONERS Compensation changed (23,600-23,800) 2673 Compensation changed (55,110-58,000) 2524 Population figures, certain, changed (10,600-10,900) 565 CORPORATE SURETIES Damages and attorney's fees, liability for, etc. 825 CORPORATIONS Clearing, redefined 689 Multi-Level, regulated, etc. 336 Secretary of State, authority to grant powers to; proposed amendment to the Constitution 1502 Shares, issuance without class voting, etc. 833 Stock and Mutual insurers, perpetual charter duration provided 185 COUNTIES Board of commissioners, monthly meeting provided (23,000-23,500) 2673 Board of education meetings 700 Board of elections provided (60,000-65,000) 2086 Board of elections provided (145,000-165,000) 2283 Board of elections provided (170,000-195,000) 3697 Board of Tax Assessors, appeals, certain, provided 709 Certain, courts of ordinary, disposition of insolvent costs provided (13,000-13,300) 2060 Certain, zoning maps authorized showing streets, etc. 2629 Civil Court, judges' salaries (500,000 or more) 2308 Commissioner of roads, compensation of, certain, act repealed 2644

Page 1604

Coroners, compensation changed (55,110-58,000) 2524 Criminal court, judges' salaries (500,000 or more) 2308 Criminal courts, certain, defined as agency under Records Act (600,000 or more) 2674 Elected officials, certain, compensation fixed 2801 Elections, board of, certain counties, provided (27,000-28,000) 2553 Elections, board of, provided (66,000-73,000) 2658 Employees, certain, compensation increased (145,000-165,000) 2818 Governmental facilities, centralization of, authorized (63,000-72,000) 2671 Grants to for roads, provided ad valorem tax credit provided, etc. 475 Harbor clearing, certain financial support authorized, etc. 1407 Hotel and Motel rates, filing authorized, etc. (145,000-165,000) 2620 Investments, additional, provided 1192 Juvenile court, judges' salaries (500,000 or more) 2308 Law library act amended 430 Malt beverages, excise tax on, authorized, etc. 328 Municipalities, certain, exempted from using county tax assessments (15,000 or more in counties of 59,000-60,000) 913 Ordinaries, compensation of, certain, act repealed 2646 Ordinary, court of, judge's salary (500,000 or more) 2308 Paupers, burial, expenses increased (56,000-60,000) 594 School superintendents, bonds 577 Sheriffs, certain, compensation provided (500,000 or more) 2461 Sheriff, compensation for, provided (5,750-5,800) 2307 Sheriff's personnel, compensation of, changed (145,000-165,000) 2774 Small claims court, jurisdiction changed (12,800-12,950) 2635 Small claims court, jurisdiction changed, etc. (34,500-39,500) 2750 State court, associate judge provided, etc. (145,000-165,000) 3413 State courts, judges, included in retirement laws (145,000-165,000) 2717 Surveyors, substitutes designated 639 Tax Assessors, Board of, certain appeals provided 709 Tax commissioners, compensation of, certain, act repealed 2645 Tax deed retention, etc., act repealed (500,000 or more) 2676 Tax fi. fas., sale of, repeal of act providing for (500,000 or more) 2677 Treasurers, compensation of, certain, act repealed 2645 Vacancies in office, certain, provisions for filing (65,500-73,500) 2494 Voters list, municipalities required to use, etc. (27,000-28,000) 277

Page 1605

COVINGTON, CITY OF Parking Authority created; proposed amendment to the Constitution 1506 COWELL, WILLIAM P. Compensation to, authorized 3821 CRAWFORD COUNTY Small claims court, jurisdiction extended, etc. 2665 Superior court clerk, compensation changed 2663 Superior court judges, district attorney, salary supplements 176 CRIMES Abortions 635 Hockey games, certain ticket sale activity prohibited 96 Marijuana, penalty for certain possession, reduced 688 Sea Oats, harvesting prohibited 727 CRIMINAL COURT Judges' salaries, certain counties (500,000 or more) 2308 CRIMINAL LAW Appeals, state may, certain judgments, etc. 297 Imposition of death penalty provided 159 Unsworn statement law abolished 292 CRIMINAL PROCEDURE Bail, certain offenses, before superior court judge 454 Bail, misdemeanors, not refused during appeal 454 Bail, refusal of, grand jury must hear in 90 days 291 Juries, number on, felony trials, changed, etc. 286 Drug sellers, reward increased, etc. 725 Statement, unsworn, law abolished 292 CRIME INFORMATION CENTER ACT, GEORGIA Enacted 1301 CRIMINAL COURTS Agency, defined as, under Georgia records act (600,000 or more) 2674

Page 1606

CRISP COUNTY County officers, certain, salaries changed, etc. 3428 Small claims court created 3339 Superior court, reporter's salary changed, etc. 602 Superior Court, terms changed 601 CRUMBLEY, MARIE, MRS. Compensation to authorized 3767 CURRENT INCOME TAX PAYMENT ACT OF 1960 Amended, quarterly return date changed 227 CURTIS, E. L. Conveyance of land to/or wife, authorized 1479 CURTIS YOUNGBLOOD FORD, INC. Compensation to, authorized 3925 CUSTODIAN Ordinary as; funeral expense payment authorized 829 D DADE COUNTY Commissioner, compensation changed, etc. 2761 Ordinary, compensation increased, etc. 2772 Sheriff, compensation changed, etc. 2764 Water and Sewer Authority created 2542 DAHLONEGA, CITY OF Charter amended, recorder, qualification of, changed 2703 DALLAS, CITY OF Charter amended, recorder's court 3193 DALTON, CITY OF Charter amended, mayor, council, salary changes 3014 Charter amended, recorder, compensation changed 3015 Unified pension plan changed 2019 DAMAGES Corporate sureties, liability for, etc. 825 Personal and property, distinct cause of action provided 295

Page 1607

DARIEN, CITY OF Charter amended, mayor, council, compensation changed 3113 DAVIDSON, JAMES P. Memorial marker authorized 3836 DASHER, TOWN OF Charter amended, corporate limits extended 3103 DAWSON COUNTY Sheriff's deputies, provisions changed 2680 DEAD ANIMAL DISPOSAL ACT Amended 569 DEAD BODIES Burial places, permits, obtaining to disturb 318 DEATH PENALTY Provisions made for imposition 159 DEFENSE Civil, 1951 Act amended 74 DEKALB COUNTY See tabular indexCounties and County MattersHome Rule Actions. Election laws study committee created 3173 Incorporated cities within, firemen, work requirements provided 2928 State court, compensation of judges fixed 2498 State court, law book costs, etc. 2075 Superior court, reporters, additional, authorized 249 Superior court, reporters, salary changed 247 Superior court terms changed 317 DEPARTMENT OF ADMINISTRATIVE SERVICES Telecommunications system authorized 1261 DEPARTMENT OF LAW Certain reimbursements provided, etc. 810

Page 1608

DEPARTMENT OF NATURAL RESOURCES Conservation rangers authorized, etc. 1483 Functions of Georgia Historical Commission, transferred to 1260 DEPARTMENT OF OFFENDER REHABILITATION Employees, group liability insurance provided 1296 DEPARTMENT OF PUBLIC SAFETY Driver's licenses, 4 year, provided, etc. 467 Identification cards authorized, handicapped persons 807 Members, certain, compensation changed 449 DEPARTMENT OF TRANSPORTATION Grant programs, administration authorized, etc. 720 Harbor clearing, certain financial support authorized 1407 Personnel employment, authorized, etc. 1405 Signs, directional, certain erection, authorized 690 DEPOSITORIES BOARD, STATE State Treasurer replaced as member of, etc. 149 DETECTIVES Private, etc., regulated 40 DETENTION FACILITIES Minimum facilities provided, etc. 890 DICKIE STARNES MEMORIAL, INC. Lease of property to, authorized 232 DISABLED PERSONS LICENSE PLATES ACT Enacted 576 DISTRIBUTION COMPANIES Multi-Level, regulated, etc. 336 DISTRICT ATTORNEYS Authority to bring certain in rem proceedings granted 795 DIVISION OF INVESTIGATION Narcotics and Drug abuse agents, contractual basis authorized, etc. 544

Page 1609

DIVORCE Irretrievably broken, new ground for 557 DODGEN, GERALDINE Compensation to, authorized 3830 DOOLY COUNTY Superior court, reporter's salary changed, etc. 602 Superior court, terms changed 601 DOUGHERTY COUNTY Judge, superior court, salary supplement authorized 15 DOUGLAS COUNTY Board of Commissioners, salaries changed, etc. 2120 Coroner, compensation changed 3529 High School Tigers Band, designated for President's inauguration 3 Superior court clerk, etc., salary changed 2280 DRIVER'S LICENSES Four-year, provided, etc. 467 Honorary, provisions changed 916 Traffic arrest, may be used as bail 435 DRIVER TRAINING Schools, examination requirements, instructors 259 DRUGS Agents, contractual basis authorized 544 Marijuana, penalty for certain possession, reduced 688 Sellers, reward increased, etc. 725 E EAST DUBLIN, TOWN OF Charter amended, terms of office changed, etc. 3652 EAST POINT, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, corporate limits changed, etc. 2577 Increased retirement benefits provided for certain persons, proposed amendment to the Constitution 1495

Page 1610

EDUCATION (See alsoSchools) Capital outlay funds, accrual authorized, etc. 552 Children, abuse of, reports permitted 309 Cooperative educational service agencies, social security collections 808 County boards, meetings 700 Federal and State Governments, study of, provided, etc. 190 Higher Education Assistance, maximum amount of loans changed, etc. 650 Insurance, liability for certain officials authorized, etc. 1267 Immunizations, children, time provisions changed, etc. 910 Liability insurance for certain officials authorized, etc. 1267 Local board, rehiring teachers, procedure provided, etc. 907 Loitering prohibited on premises, etc. 719 Minimum foundation program, study committee created 1476 School superintendents, bond 577 Special assistance fund provided, etc. 1194 Superintendents, bonds 577 Teachers, rehiring provisions, etc. 907 Textbooks, free, allotment of funds, changed, etc. 540 Vocational schools, certain fund provisions changed 894 Year-round operation of schools, provisions changed 1478 EFFINGHAM COUNTY State Court, solicitor, compensation changed, etc. 2535 ELECTIONS Board of, certain counties, provided (27,000-28,000) 2553 Board of certain counties, provided (60,000-65,000) 2086 Board of, provided (66,000-73,000) 2658 Board of, certain counties, provided (145,000-165,000) 2283 Board of, certain counties provided (170,000-195,000) 3697 Defective ballot cards, processing provided 175 Municipalities, certain, required to use county voters list, etc. (27,000-28,000) 277 Presidential Preference Primary Law enacted 221 Special and general, time for provided 174 ELECTRICITY Georgia Territorial Electric Service Act 200 ELLETT, BRUCE G. Compensation to, authorized 3811 EMANUEL COUNTY Ordinary, compensation changed 2326

Page 1611

EMINENT DOMAIN Special Master, continuance provisions changed, etc. 479 EMPLOYEES RETIREMENT SYSTEM ACT Messengers and doorkeepers 95 Pension and annuity reserve funds, retirements for eliminated, etc. 900 Prior federal service credits, retention of 1410 Records, certain separate, authorized 706 Soil and Water Conservation District employees, subject to, etc. 908 Tax Commissioners, etc., provisions changed 880 EMPLOYEES' SUGGESTION AND AWARDS BOARD ACT AMENDED Program redefined, etc. 794 EMPLOYMENT AND WAGES Payment in other forms authorized 672 EMPLOYMENT SECURITY LAW AMENDED Funds, certain, made available, etc. 571 Waiting provision, certain, repealed 341 ENDANGERED WILDLIFE ACT OF 1973 Enacted 932 ENGINEERING, ARCHITECTURAL FIRMS Doing business with State, resolution amended 640 ENIGMA, TOWN OF Charter amended, election date changed, etc. 2802 EVANS COUNTY Sheriff's deputies, compensation changed 2799 EVIDENCE Law Enforcement officers, not required to reveal home addresses, etc. 547 Legislative acts, foreign, authentication of, provided, etc. 299 Unsworn statement law abolished 292 EXECUTIVE BOARD OF GEORGIA WORLD CONGRESS CENTER ACT Amended, budget approval by legislature, etc. 666

Page 1612

EXECUTIVE REORGANIZATION ACT AMENDED Highway Safety, office of, changes made 466 EXECUTORS Compensation for certain services provided, etc. 547 Investments, certain definitions expanded 718 Non resident, certain, relieved of giving bond 481 EYEGLASSES Prescriptions, delivery of, etc. 746 F FANNIN COUNTY District attorney, assistant, compensation provided, etc. 250 FAYETTE COUNTY Ordinary's office, certain salary provisions for personnel deleted 2510 Sheriff, automobile provisions changed 3212 Superior court clerk's office, personnel's salary, certain provisions deleted 2509 Superior court, judge, district attorney, salary supplements 3133 Tax commissioner's personnel, provisions changed 3214 FEDERAL BUREAU OF INVESTIGATION Compensation to, authorized 3879 FEDERAL GOVERNMENT Study of provided in schools, etc. 191 FELONY TRIALS Juries, number on, changed, etc. 286 FIDUCIARIES Bonds, not to include real estate, etc. 1191 Bonds, value of estate, for, provided 826 Powers, certain, incorporation by reference in wills 846 Securities depository deposits authorized, etc. 714 Trust companies, certain limited capacity authorized, etc. 525 Trustees, procedure for resigning provided, etc. 939

Page 1613

FIDUCIARY INVESTMENT COMPANY ACT Amended 549 FINANCING AND INVESTMENT COMMISSION ACT, GEORGIA STATE Enacted 750 FINGERPRINTS Intoxicating beverages, requirements for licensing 12 Licensing, malt beverages, required 14 FIRE DEPARTMENTS Municipalities, increased pension benefits (300,000 or more) 2880 Municipalities, pensions, service requirements changed, etc. (300,000 or more) 2837 FIREMEN'S PENSION FUND ACT Amended 186 FIREMEN, VOLUNTEER Revolving red lights authorized 583 FISH HATCHERY, COMMERCIAL Defined, etc. 897 FISHERIES Included in certain agricultural products, etc. 835 FLIGHT SCHOOLS Certain, exempted from proprietary school act, etc. 613 FLINT JUDICIAL CIRCUIT Assistant District Attorney, qualifications changed 654 FLOWER, WILD, PRESERVATION ACT OF 1973 Enacted 333 FLOYD COUNTY Hospital authority vacancies, filling of 2057 Medical examiner, office created, etc. 3037 Medical examiner, office created, proposed amendment to the Constitution 1499

Page 1614

FOREST PARK, CITY OF New charter 3701 FORSYTH COUNTY District Attorney, Assistant, compensation provided, etc. 250 FORT OGLETHORPE, TOWN OF Charter amended, town marshal, term changed, etc. 3065 FORT VALLEY, CITY OF Charter amended, utilities commission, provisions changed 3312 FRANKLIN COUNTY Sheriff's deputy, compensation changed 2562 FRENCH BOXCAR Conveyance to Fulton County Voiture, La Societe Des 40 Hommes Et 8 Chevaux, Inc. authorized 695 FULTON COUNTY Assistant district attorneys, certain restrictions removed, etc. 787 Board of commissioners, compensation changed, etc. 2462 Civil Court, record destruction, certain authorized 2737 Courts, certain, assistant district attorneys, certain restrictions removed, etc. 2712 Criminal court, new assistant solicitors authorized 2165 Criminal court, solicitors, compensation provided 2163 Fire prevention sums, certain, increased 2734 Pension fund; additional benefits provided 2723 Pension fund; certain recreation employees included, etc. 2718 Pension fund; certain recreation employees, prior service credit allowed 2720 Teachers and Employees, retirement fund, monthly earnings defined 2725 Teachers and employees, retirement fund, certain military service credited 2730 Teachers and Employees, retirement fund, dependents' benefits increased, etc. 2727 FULTON COUNTY VOITURE, LA SOCIETE DES QUARANTE HOMMES ET HUIT CHEVAUX Boxcar, conveyance to authorized 695

Page 1615

G GAINESVILLE, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. GAME AND FISH Catch Out Pond, license provided, etc. 274 District Attorney authorized to bring certain in rem proceedings 795 Commercial Fish Hatchery Defined, etc. 897 Deer Hunters, apparel color requirements provided 711 Hunting licenses, permanent honorary, certain disabled veterans, provided 1265 Policy-making function vested in natural resources board, etc. 344 GARDEN CITY, CITY OF New charter 3581 GAS AND ELECTRIC SYSTEMS Bonds, revenue, elections, majority vote requirement deleted, proposed amendment to the Constitution 1496 GASOLINE, ETC. Certain penalties provided 790 Marketing Practices Act, Enacted 438 Petroleum, certain gas exemption provided 55 GENERAL ASSEMBLY Members, counsel or party in trial court, excused 478 GENERAL APPROPRIATIONS ACT Amended 1316 Enacted 1353 GENERAL ELECTIONS Time for provided 174 GEORGE T. BAGBY STATE PARK Named 3958 GEORGIA ANIMAL IMPORTATION ACT Enacted 1468

Page 1616

GEORGIA BARBER ACT Enacted 1450 GEORGIA BOAT SAFETY ACT Enacted 1427 GEORGIA BUDGET ACT AMENDED Annual appropriations provided 673 GEORGIA BUSINESS DEVELOPMENT CORPORATION ACT AMENDED Commencing business, etc. 536 GEORGIA CIVIL DEFENSE ACT OF 1951 Amended 74 GEORGIA CODE OF PUBLIC TRANSPORTATION Enacted 947 Amended, lease of certain air rights authorized 1401 GEORGIA COMMISSION FOR NATIONAL BICENTENNIAL CELEBRATION Reestablished, etc. 311 GEORGIA CRIME INFORMATION CENTER ACT Enacted 1301 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED Loans, maximum amount of, changed, etc. 650 GEORGIA HISTORICAL COMMISSION Functions transferred to Department of Natural Resources 1260 GEORGIA INSURERS INSOLVENCY POOL ACT AMENDED Terms, certain, redefined 497 GEORGIA LAND SALES ACT OF 1972 Amended 578 GEORGIA MARINE WAREHOUSE COMPANY License, certain, in Savannah River Bottom granted 1445

Page 1617

GEORGIA PEACE OFFICERS' STANDARDS AND TRAINING ACT AMENDED Minimum age lowered 539 GEORGIA PORTS AUTHORITY Act amended, membership changed 945 Land conveyance authorized 747 GEORGIA PRISON INDUSTRIES ACT Amended, service contracts, certain, authorized 1300 GEORGIA PRIVATE DETECTIVE AND PRIVATE SECURITIES AGENCIES ACT Enacted 40 GEORGIA PROPRIETARY SCHOOL ACT Amended, certain flight schools exempted, etc. 613 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDED Penalties for fraudulently obtaining assistance provided 183 GEORGIA RADIATION CONTROL ACT Amended, regulations extended, etc. 920 GEORGIA RECORDS ACT AMENDED Definitions, certain, provided 691 GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973 Enacted 512 GEORGIA SCENIC TRAILS ACT AMENDED Bicycle Trail construction authorized 470 GEORGIA SECURITIES ACT OF 1973 Enacted 1202 GEORGIA STATE BOARD OF NURSING HOMES ACT Amended 284

Page 1618

GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT Enacted 750 GEORGIA TERRITORIAL ELECTRIC SERVICE ACT Enacted 200 GEORGIA TREATED TIMBER PRODUCTS ACT OF 1973 Enacted 1418 GEORGIA VETERINARY PRACTICE ACT Amended 260 GEORGIA WATER QUALITY CONTROL ACT Amended, sewage, etc., discharge permits, revocation of, etc. 1288 GEORGIA WORLD CONGRESS CENTER ACT, EXECUTIVE BOARD OF Act amended, budget approval by legislature, etc. 666 GEORGIA YOUTHFUL OFFENDER ACT OF 1972 AMENDED Community Rehabilitation Centers provided, etc. 581 GILMER COUNTY District Attorney, Assistant, compensation provided, etc. 250 GLASCOCK COUNTY Sheriff, deputy, compensation changed 3329 GLYNN COUNTY State court, clerk, salary increased, etc. 3158 State court, juror selection provided, etc. 2570 GORDON COUNTY Court reporter placed on salary, etc. 942 Commissioner, clerk for, appointment provided 2951 County officers' salaries, certain grand juries to review, etc. 3320 Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1504

Page 1619

Investigator provided 684 Murray, Whitfield Counties, Industrial City of, created 2418 GOVERNMENT Federal, State, study of in schools, etc. 191 GOVERNMENT BODIES Harbor clearing, certain financial support authorized, etc. 1407 GOVERNMENTAL SUBDIVISIONS Airports, unlawful to tax 483 Centralization of, authorized (63,000-72,000) 2671 Investments, certain, authorized 1192 Motor vehicles, registration, penalty fees, collection, etc. 781 GOVERNOR Secretaries, power to appoint, etc. 665 Bail, refusal of, must hear in 90 days 291 Certain charges to, repealed 716 Public officials, certain, ineligible for 726 GRANTVILLE, CITY OF Charter amended, corporate limits changed 3465 GREENE COUNTY Board of Education, terms staggered, etc., referendum 3853 GRIFFIN, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, board of commissioners, chairman's election provided 3393 Charter amended, street provisions changed 3455 GRIFFIN JUDICIAL CIRCUIT Judge, district attorney, salary supplements authorized 3133 GROUNDWATER USE ACT OF 1972 Amended, groundwater redefined, etc. 1273

Page 1620

GUARDIANS Hospitalization not required, provisions for, etc. 827 Successor provided 609 , 610 GWINNETT COUNTY Board of commissioners, chairman, salary changed, etc. 3434 County officers, compensation of certain, changed 2412 State Court, compensation of officers changed 2446 State court, juries, composition of, etc. 2601 Superior court judge, district attorney, law books 723 Tax commissioner, compensation changed 3432 GWINNETT JUDICIAL CIRCUIT Superior court judge, district attorney, law books 723 H HABEAS CORPUS Grounds must be raised in original petition 1315 HABERSHAM COUNTY Board of education, members' election authorized, etc., referendum 3809 Coroner placed on salary, etc. 3150 Ordinary, provisions relative to clerk changed 3331 State court, solicitor, secretary for, provided 2709 Superior court, investigator provided, etc. 837 HALL COUNTY Coroner placed on salary, etc. 2816 HALL OF FAME, GEORGIA Julietta Gordon Low, placement of bust authorized 308 HAMILTON, CITY OF Charter amended, elections, provisions changed, etc. 3171 HAMPTON, TOWN OF Charter amended, recorder's court created, etc. 3816

Page 1621

HANCOCK COUNTY Board of commissioners, annual audit required, etc. 3231 Board of commissioners, employment of county police prohibited 3240 County officers, certain, salaries increased, etc. 3237 Tax commissioner, compensation changed, etc. 3234 HANDICAPPED PERSONS Identification cards authorized 807 HARBOR CLEARING Certain financial support authorized, etc. 1407 HARRIS COUNTY Board of commissioners, compensations changed, etc. 3684 HART COUNTY Sheriff, deputies, employment provisions changed, etc. 3218 Superior court clerk, compensation changed, etc. 3223 Tax commissioner, personnel, provisions changed, etc. 3220 HEALTH Board of Nursing Homes Act amended 284 Insurance, State employees, participation increased, etc. 332 Nurses, certain, may administer anesthesia 433 Radiation control regulations extended, etc. 920 HEALTH, BOARD OF Fluoridation of certain water supplies provided 148 HEARD COUNTY Commissioners, compensation changed 2455 Ordinary placed on salary, etc. 2452 Sheriff, compensation changed 2457 Superior court clerk placed on salary, etc. 2449 Tax Commissioner, compensation changed 2459 HENRY COUNTY Assistant District Attorney, qualifications changed 654 Board of commissioners, expense allowances changed 3524 County officers, certain, salaries increased, etc. 3521 Water and sewerage authority, members, compensation changed, etc. 3519 HESTER, EUGENE Compensation to, authorized 3856

Page 1622

HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED Loans, maximum amount of changed, etc. 650 HIGHWAY SAFETY, OFFICE OF Changes made in 466 HIGHWAYS Not officially opened, driving on prohibited 452 Signs, defacing, prohibited, etc. 452 HIRAM, CITY OF Charter amended, mayor, councilmen, compensation changes, etc. 3226 HOCKEY GAMES Certain ticket sale activity prohibited 96 HOGANSVILLE, CITY OF Charter amended, board of education, members, election of, provided, etc. 3447 Charter amended, cable televisions system authorized 3400 Charter amended, city officials, election of, provided, etc. 3450 Charter amended, corporate limits extended 3402 Salaries, certain minimum, provided 3404 HOME RULE ACT, MUNICIPAL Amended, members compensation, etc. 778 HOME RULE ACT, MUNICIPAL Amendment of certain charters provided (400,000 or more) 173 HOMER, TOWN OF Charter amended, terms of office changed, etc. 3812 HOSPITAL AUTHORITIES Project redefined 180 HOSPITAL SERVICE NONPROFIT CORPORATIONS Health care contracts authorized, etc. 813

Page 1623

HOSPITALS Nonprofit, ad valorem tax exemption provided 19 HOT WATER TANKS Sales, automatic relief valves required, etc. 503 HOTEL AND MOTEL RATES Filing, certain, authorized (145,000-165,000) 2620 HOUSTON COUNTY Businesses, license fees, unincorporated area; proposed amendment to the Constitution 1525 Commissioners, compensation changed, etc. 2091 State court, terms changed 3072 HUSBAND AND WIFE Marriage licenses, manuals provided for applicants for 879 I IMMUNIZATIONS School children, time provisions changed, etc. 910 INCOME TAX Net income meaning conformed to federal code, date changed 567 Payment Act, Current, amended, quarterly return date changed 227 INCOMPETENCY Principle, of; not revoke power of attorney, etc. 493 INCORPORATED COMMUNITIES Flouridation of certain water supplies provided 148 INDUSTRIAL CITY OF GORDON, MURRAY AND WHITFIELD COUNTIES Created 2418

Page 1624

INSURANCE Commissioner, fine imposition power expanded 668 Hospital Service Nonprofit Corporations, health care contracts 813 Insolvency Pool Act amended, terms, certain redefined 497 Interest rate for computing certain minimum reserves increased 617 Liability for certain school officials, authorized, etc. 1267 Nonprofit Medical Service Corporations, health care contracts authorized, etc. 813 Stock and mutual insurers, perpetual charter duration provided 185 Surplus Lines Brokers, examination provided, etc. 499 Uninsured motorists, subsection redesignated, etc. 487 INSURERS INSOLVENCY POOL ACT, GEORGIA, AMENDED Terms, certain, redefined 497 INTANGIBLE TAX Real estate loans; nonpayment, recording, not legal notice, etc. 271 INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ACT Enacted 459 INTERSTATE COMPACT ON MENTAL HEALTH ACT Enacted 796 INTOXICATING LIQUORS Certain drinks, sale of, etc., exemption provided, etc. 610 Consumption during certain hours authorized (400,000 or more) 2678 Licensing, fingerprints required 12 Licensing, malt beverages, fingerprints required 14 Malt, excise tax, imposition by municipalities and counties, etc. 328 Wines, certain head of household production authorized, etc. 931 INVESTMENTS Certain advertisements prohibited, etc. 534 Certain governmental units, additional, provided 1192 Trusts, authorized, changed 574 Executors, certain definitions expanded 718

Page 1625

IRWIN COUNTY Board of commissioners, clerk, salary changed 3492 J JACKSON, CITY OF Land conveyance to, authorized 1403 JACKSON COUNTY State court, terms changed, etc. 3574 JAILS Certain minimum standards provided, etc. 890 JAMES P. DAVIDSON Memorial marker authorized 3836 JEFFERSON, CITY OF New charter 2887 JEFFERSON COUNTY Board of Roads and Revenues, members, compensation changed, etc. 2289 Sheriff, compensation changed, etc. 2298 State court, judge, solicitor, salaries changed 2292 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended, local civil defense employees included, etc. 446 JONES COUNTY Commissioners, bonds, amounts changed, etc. 2414 JOSEPH SIMMONS ALEXANDER, SR., MEMORIAL BRIDGE Named 3805 JUDGES Municipalities, certain, may be appointed 489 JUDGES EMERITUS Certain compensation and expenses provided 911 Widows' provisions changed 785

Page 1626

JUDGMENTS State may appeal certain criminal, etc. 297 JUDICIAL COUNCIL OF GEORGIA Created 288 JUDICIAL SYSTEM, UNIFIED Created, proposed amendment to the Constitution 1486 JULIETTE GORDON LOW Placement of bust authorized 308 JURIES Felony trials, number on, changed, etc. 286 JURORS Selection from voters' list 484 JUVENILE COURTS Act amended, concurrent jurisdiction, certain, with superior courts, etc. 882 Judges, certain, compensation changed (250,000-500,000) 2486 Judges' salaries, certain counties (500,000 or more) 2308 JUVENILE COURT CODE AMENDED Community Rehabilitation Centers provided 579 K KEENER, HOYT Compensation to authorized 3751 KENNESAW, CITY OF Charter amended, corporate limits changed, etc. 3385 L LACHER, MRS. HILDA C. Compensation to, authorized 3951

Page 1627

LaCROY, HOYT JACKSON Compensation authorized 3808 LAKE PARK, CITY OF New charter 3074 LAMAR COUNTY Assistant District Attorney, qualifications changed 654 LAND SALES ACT OF 1972 Amended 578 LANIER COUNTY County attorney, compensation changed 2518 Ordinary, compensation changed, etc. 2516 Sheriff's compensation changed, etc. 2512 Superior court clerk, compensation changed, etc. 2519 Tax commissioner, compensation changed 2514 LANIER, MRS. LINDA Compensation to, authorized 3925 LAURENS COUNTY Sheriff, compensation changed, etc. 3939 Ordinary, compensation changed, etc. 3942 State court, judge, solicitor, compensation changes, etc. 3952 Superior court clerk, compensation changed 3949 Tax commissioner, compensation changed 3946 Treasurer, compensation changed 3956 LAW, DEPARTMENT OF Certain reimbursements provided, etc. 810 LAW ENFORCEMENT OFFICERS Criminal proceeding, not required to reveal home addresses, etc. 547 LAW LIBRARY ACT, COUNTY Amended 430 L. C. MOONE Road designated 2679

Page 1628

LEE COUNTY Ordinary, personnel provided for, etc. 2819 Superior court clerk placed on salary 2003 LEESBURG, CITY OF New Charter 2851 LEGISLATIVE ACTS Foreign, authentication of, provided, etc. 299 LENOX, TOWN OF Charter amended, certain land annexed 3372 LEXINGTON, CITY OF New charter 2779 LIBERTY COUNTY Ordinary, provisions relative to clerk changed 3333 Superior court clerk, compensation changed, etc. 3201 LIBRARIES, COUNTY, LAW Act amended 430 LICENSES Determination of expiration date provided, etc. 1481 Disabled persons, provisions made 576 Hunting, permanent honorary, certain disabled veterans, provided 1265 Honorary drivers, provisions changed 916 Intoxicating beverages, fingerprints required 12 Malt Beverages, fingerprints required 14 Marriage, manuals provided for applicants 879 Medical practitioners, certain, examination exemption 226 Vehicle tags furnished National Guardsmen 457 Vehicles, certain fee retention by tax commissioners authorized (10,000-10,200) 2624 LIMITED PARTNERSHIP Not required to register trade name 480 LINCOLN COUNTY Ordinary, compensation changed 3960 Treasurer, compensation changed 3962

Page 1629

LINCOLNTON, CITY OF Charter amended, mayor, councilmen, qualifications changed, etc. 2945 LOCAL GOVERNMENTS Investments, additional, provided 1192 May adopt Uniform Act Regulating Traffic on Highways, etc. 98 LOCUST GROVE, TOWN OF Charter amended, recorder's court created, etc. 3822 LOGANVILLE, CITY OF Charter amended, elections, etc. 3867 LONG COUNTY Sheriff, clerk for, provided, etc. 2306 Sheriff, compensation changed, etc. 3039 LONG, DOYAL H. Compensation to, authorized 3873 LOUISVILLE, CITY OF Corporate limits changed 2294 LOW, JULIETTE GORDON Bust placement authorized 308 LOWNDES COUNTY Board of commissioners, meeting date changed 3303 Sheriff, compensation changed 2522 Utilities authority act, repealed 3302 Water and Sewerage Authority Act 3285 LUCY LANEY HIGH SCHOOL MARCHING BAND Designated for President's inauguration 3 LUDOWICI, CITY OF Charter amended, corporate limits changed 3579 LUMBER CITY, CITY OF New charter 3540

Page 1630

LUMPKIN, CITY OF Charter amended, certain funds prohibition removed, referendum 3152 LUMPKIN COUNTY Sheriff's deputies, compensation changes, etc. 3155 M MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT Amended 2603 MACON, CITY OF See also tabular index-Municipalities, Home Rule, Amendments 4146 Land conveyance to, authorized 1416 Transit authority act, enacted 2914 MACON JUDICIAL CIRCUIT Judges, districts attorney, salary supplements 176 MACON TRANSIT AUTHORITY ACT OF 1972 Enacted 2914 MADISON, CITY OF Charter amended, mayor, aldermen, compensation changed 2500 MALT BEVERAGES Excise tax, imposition by municipalities and counties, etc. 328 MANSFIELD, TOWN OF Charter amended, councilmen, fees provided, etc. 2953 MARIETTA, CITY OF Ad valorem taxation exemption provided 2287 Lease of land to, authorized 1412 Mayor, councilmen, qualifications changed, etc. 3471

Page 1631

MARION COUNTY School superintendent, appointment of, etc., referendum 3827 MARRIAGE LICENSES Marriage manuals provided for applicants 879 MARSHLANDS, COASTAL, PROTECTION COMMITTEE Names 564 McCRAE, MRS. HAZEL Compensation to, authorized 3945 McDUFFIE COUNTY Deputy sheriffs, additional, provided, etc. 2565 Small claims court, certain costs changed 3456 McINTOSH COUNTY Ordinary, compensation changed 3115 Superior court, clerk, compensation changed, etc. 3111 MEDICAL PRACTITIONERS Certain alien licentiates, examination exemption 226 MEEKS, MRS. CARRIE K. Compensation to, authorized 3941 MENLO, CITY OF Mayor's court judge 2319 MENTAL HEALTH Interstate Compact on, enacted 796 Rights of mentally retarded protected 806 MERIWETHER COUNTY Conveyance of land to authorized 662 Ordinary, clerk of, compensation changed 3686 METROPOLITAN AREAS Planning and Development Commission Act amended (1,000,000 or more) 225

Page 1632

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY AMENDED Contracts, certain, public inspection provided 141 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Created 70 Expenditures provided 73 METROPOLITAN RIVER PROTECTION ACT Enacted (1,000,000 or more) 128 MILLEDGEVILLE-BALDWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Conveyance of land to authorized 649 MILLER COUNTY Sheriff's deputies, provisions changed, etc. 3834 State Court, act repealed, referendum 2776 State Court, solicitor, fees changed 2487 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended, local boards, rehiring teachers, procedure provided, etc. 907 Amended, special assistance fund provided, etc. 1194 Amended, vocational schools' funds, provisions changed 894 Amended, year-round operation of schools, provisions changed 1478 Capital outlay funds, accrual authorized, etc. 552 Study committee created 1476 Textbooks, free, allotment of funds changed, etc. 540 MITCHELL COUNTY State Court, judge, solicitor, salary changes 3011 MOBILE HOME INDUSTRIES, INC. Compensation to, authorized 3792 MOBILE HOME Permits, fees changed 575 Uniform Standards Code enacted 4

Page 1633

MONROE COUNTY Assistant district attorney, qualifications changed 654 MONTGOMERY COUNTY Board of education, additional members provided, etc., referendum 2550 Tax commissioner, assistant, salary provision repealed 2933 Tax commissioner, compensation changed 2935 MOONE, L. C. Road designated 2679 MORGAN COUNTY Superior court clerk, compensation changed, etc. 2503 Tax commissioner, compensation changed 2501 MORGANTON, CITY OF New Charter 2682 MOTION PICTURES Certain scenes, certain audience prohibition provided, etc. 508 MOTOR COMMON CARRIERS Temporary emergency authority, etc. 641 MOTOR CONTRACT CARRIERS License requirements, uniform, etc. 643 MOTOR VEHICLES Appeals, operators, etc., security, etc. 509 Arrest, driver's license, may be used as bail 435 Authorized on certain streets, etc. motorized carts 598 Motorized cart defined, etc. 595 Firemen, Volunteer, revolving red lights authorized 583 License tags, furnished National Guardsmen 457 Licenses, disabled persons, provided 576 Lights required on, when raining 434 Motorcycles, lights required during operation, public roads 444 Non residents, operation period changed 342 Reciprocal agreements, governor authorized to negotiate certain 559

Page 1634

Red lights, certain right turns authorized, etc. 474 Registration need not be under oath 455 Registration, penalty fees, collection, etc. 781 Suspension system, alteration of, penalty provided 458 Tags, certain refunds provided, etc. 507 Title act amended, bond provisions, certain, changed 712 Uniform accident reports provided, etc. 443 Uninsured motorists, subsection redesignated, etc. 487 MOTORCYCLES Lights required during operation, public roads 444 MOTORIZED CART Authorized on certain streets, etc. 598 Defined, etc. 595 MOULTRIE, CITY OF Charter amended, corporate limits changed, etc. 3793 MOUNTAIN AUTHORITY ACT, NORTH GEORGIA Amended 319 MOUNTAIN JUDICIAL CIRCUIT Investigator provided, etc. 837 MULTI-LEVEL DISTRIBUTION COMPANIES Regulated, etc. 336 MUNICIPAL HOME RULE ACT AMENDED Amendment of certain charter provided (400,000 or more) 173 Members compensation, etc. 778 MUNICIPALITIES Authorized to adopt Uniform Act Regulating Traffic on Highways, etc. 98 Certain, exempted from using county tax assessments (15,000 or more in counties of 59,000-60,000) 913 Certain, general employees, pension benefits increased 2885 DeKalb County, within, firemen, work requirements 2928 Employees, general, pensions, benefits changed, etc. (300,000 or more) 2841 Fire departments, increased pension benefits provided (300,000 or more) 2880

Page 1635

Fire departments, pensions, service requirements changed, etc. (300,000 or more) 2837 Governmental facilities, centralization of, authorized (63,000-72,000) 2671 Harbor clearing, certain financial support authorized, etc. 1407 Increased retirement benefits, proposed amendment to the Constitution (300,000 or more) 1493 Intoxicating liquors, certain consumption provided (400,00 or more) 2678 Investments, additional, provided 1192 Judges, certain, may be appointed 489 Malt beverages, excise tax on, authorized, etc. 328 Police departments, increased pensions provided (300,000 or more) 2882 Police departments, pensions, service requirements changed, etc. (300,000 or more) 2832 Required use of county voters list, etc. (27,000-28,000) 277 Retirement, length of service provisions changed, etc. (300,000 or more) 3768 Rezoning restrictions on annexed property provided (18,100-18,250) 2094 Rural telephone cooperatives, certain powers granted (14,310-15,140) 229 Street grants, certain, computations provided, etc. 524 Vehicle impoundment, act amended (400,000 or more) 2622 Zoning maps, certain, authorizing showing streets, etc. 2629 MURRAY COUNTY Commissioner, compensation changed, etc. 3831 Gordon, Whitfield Counties, Industrial City of, created 2418 Ordinary, compensation changed 3530 N NAHUNTA, CITY OF Charter amended, election date changed, etc., referendum 3631 NAIL, W. A. (AT) BRIDGE Designated 3832 NAMES Minors, change, parents' consent required, etc. 504

Page 1636

NASHVILLE, CITY OF Charter amended, mayor, aldermen, compensation changes, etc. 3441 NATIONAL BICENTENNIAL CELEBRATION, GEORGIA COMMISSION FOR Reestablished, etc. 311 NATIONAL GUARDSMEN Motor vehicle license tags furnished 457 NATURAL RESOURCES ACT OF 1973 Enacted 139 NATURAL RESOURCES, BOARD OF Game and fish policy making functions vested in, etc. 344 NATURAL RESOURCES, DEPARTMENT OF Conservation rangers authorized, etc. 1483 NATURAL RESOURCES, DEPARTMENT OF Functions of Georgia Historial Commission, transferred to 1260 NEWNAN, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. Charter amended, certain terms of office changed 3688 Charter amended, utilities, certain, authorized in unincorporated areas, etc. 3690 NEWTON COUNTY Court reporter, employment of 520 Taxation, unincorporated areas, provided 2878 NONPROFIT HOSPITALS Ad valorem taxation exemption provided 19 NONPROFIT MEDICAL SERVICE CORPORATIONS Health care contracts authorized, etc. 813

Page 1637

NON RESIDENTS Motor vehicles, operation period changed 342 NORTH GEORGIA MOUNTAIN AUTHORITY ACT Amended 319 NOTICE Real estate loans; intangible tax, failure to pay, recording, not notice, etc. 271 NURSES Certain, may administer anesthesia 433 NURSING HOMES Board of, act amended 284 O OAKWOOD, CITY OF Charter amended, street widths provided, etc. 2739 OCILLA, CITY OF Charter amended, corporate limits changed 3802 Charter amended, qualifications for office changed 3806 OCONEE COUNTY Certain traffic regulation authorized, proposed amendment to the Constitution 1486 Offender Rehabilitation, Department of Employees, group liability insurance provided 1296 OMNI INTERNATIONAL, INC. Lease of land to, authorized 346 ORDINARIES Compensation of, certain, act repealed 2646 ORDINARY, COURTS OF Disposition of insolvent costs, certain counties (13,000-13,300) 2060 Judge's salary, certain counties (500,000 or more) 2308

Page 1638

OUSLEY, R. L. Land conveyance to, authorized 1424 P PARDONS AND PAROLES, BOARD OF Amended, certain powers granted, etc. 1294 Members, removal of, etc. 727 Membership increased 157 PARENT AND CHILD Children, abuse of, reports expanded 309 Illegitimate child, support by accused father, etc. 697 PARTNERSHIP, LIMITED Not required to register trade name 480 PATTERSON, CITY OF Charter amended, recorder's court provided, etc. 3870 PAULDING COUNTY Fire prevention districts authorized, etc. referendum 3180 Ordinance adoption authorized, etc. 3184 PAUPERS, BURIAL Certain counties, expenses increased 594 PEACE OFFICERS Annuity and benefits fund act, amended 57 , 63 Criminal proceedings, not required to reveal home addresses, etc. 547 Standards and training act amended, minimum age lowered 539 PEACH COUNTY Superior Court judges, district attorney, salary supplements 176 PEACHTREE CITY Charter amended, additional territory provisions, etc. 2821

Page 1639

PEACHTREE CITY WATER, SEWERAGE AND RECREATIONAL AUTHORITY Enacted 2989 PEARSON, CITY OF Charter amended, election date changed 2528 PEEPLES, RICHARD R. Compensation to, authorized 3948 PEEPLES, RUTH H., MRS. Compensation to, authorized 3948 PENDLEY, STEPHEN E. Compensation to, authorized 3748 PERKINS, MARVIN L. Compensation to, authorized 3924 PERMITS Mobile Home, fees changed 575 PERRY, CITY OF Charter amended, majority vote, election by, provided, etc. 2849 Charter amended, woodland lot tax prohibition stricken 2873 Fees, qualifying, increased 2847 Homestead exemptions increased, proposed amendment to the Constitution 1500 Telephone Authority Act 3776 PETROLEUM GAS Tax exemption, certain, provided 55 PETROLEUM PRODUCTS Certain penalties provided 790 PHYSICIANS Certain definitions of, provided, etc. 877 Licenses, certain aliens exempt from examination 226

Page 1640

PICKENS COUNTY District attorney, assistant, compensation provided, etc. 250 PIERCE COUNTY State court, judge, solicitor, compensations changed 3395 PIKE COUNTY Board of commissioners, members, compensation changes, etc. 3462 Superior court, judge, district attorney, salary supplements authorized 3133 Tax commissioners, compensation of, changed 3460 PINEVIEW, TOWN OF Charter amended, street disposals, certain, authorized 3123 PLANNING AND COMMUNITY AFFAIRS, BUREAU OF STATE Functions enlarged, etc. 511 PLANNING AND DEVELOPMENT COMMISSION ACT, METROPOLITAN AREA Amended (1,000,000 or more) 225 PODIATRISTS Redefined 824 POLICE DEPARTMENTS Municipalities, increased pensions provided (300,000 or more) 2882 Municipalities, pensions, service requirements changed, etc. (300,000 or more) 2832 POLITICAL SUBDIVISIONS Certain, governmental facilities authorized (63,000-72,000) 2671 Cooperative educational service agencies, social security collections 808 POND, CATCH OUT License provided, etc. 274 POOLER, TOWN OF Charter amended, corporate limits changed, etc. 3415

Page 1641

PORTERDALE, CITY OF Charter amended, mayor, councilmen, compensation changed 2955 PORTS AUTHORITY, GEORGIA Act amended, membership changed 945 POWELL, SARA A. L., MRS. Compensation to, authorized 3815 POWER OF ATTORNEY Not revoked by incompetency of principal, etc. 493 PRACTICE AND PROCEDURE Certain executions authorized after judgment 693 Criminal law, state may appeal, certain judgments, etc. 297 Eminent domain, special master, continuance provisions changed, etc. 479 General Assembly members, counsel or party in trial court, excused 478 Motor vehicle operators, etc., appeal security, etc. 509 Notice of appeal, jurisdictional statement changed, etc. 303 PRESCRIPTION EYEGLASSES Delivery provided 746 PRESIDENTIAL INAUGURAL BANDS Designated 3 PRESIDENTIAL PREFERENCE PRIMARY LAW Enacted 221 PRISONERS Benefits on release provided, etc. 542 Deadly weapon, possession by, penalized 555 Transfers to federal authorities provided 1297 Work regulations for pay provided, etc. 1299 PRISONS Certain minimum standards provided, etc. 890 PRIVATE DETECTIVES Etc., Agencies Act, enacted 40

Page 1642

PRIVATE SECURITIES AGENCIES ACT Etc., enacted 40 PROPRIETARY SCHOOL ACT, GEORGIA Amended, certain flight schools exempted, etc. 613 PUBLIC ASSISTANCE ACT AMENDED Fraudulently obtaining assistance, penalties provided 183 PUBLIC OFFICIALS Certain, grand jury, ineligible for 726 PUBLIC SAFETY, DEPARTMENT OF Driver's licenses, 4 year, provided, etc. 467 Identification cards authorized, handicapped persons 807 Members, certain, compensation changed 449 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Act amended, early retirement provided, etc. 1197 PUBLIC SERVICE COMMISSION Consideration of service rendered authorized, etc. 677 Fees changed 664 PUBLIC TRANSPORTATION, GEORGIA CODE OF Enacted 947 Amended, leave of certain air rights authorized 1401 PULASKI COUNTY Board of education, number of members provided, etc., referendum 2573 Commissioner, compensation changed 3857 Ordinary, compensation changed, etc. 3535 Sheriff, compensation changed, etc. 3877 Superior court clerk, compensation changed, etc. 3860 Tax commissioner, compensation changed, etc. 3538 PUTNAM COUNTY Tax commissioner, compensation changed, etc. 3438 R RABUN COUNTY Coroner, placed on salary 2704 Sheriff, compensation increased, etc. 2706 Superior court, investigator provided, etc. 837

Page 1643

RADIATION CONTROL ACT, GEORGIA Amended, regulations extended, etc. 920 RAILROADS Certain reflectorized crossbuck signs, required, etc. 97 RANDOLPH COUNTY Deputy sheriff, compensation changed 2987 RAPID TRANSIT AUTHORITY Contracts, certain, public inspection provided 141 Expenditures provided 73 Overview committee created 70 REAL ESTATE BROKERS AND SALESMEN Act amended 100 RECORDING Real estate loans, failure to pay intangible tax, not notice, etc. 271 RECORDS ACT, GEORGIA Amended, certain definitions provided 691 RECIPROCAL AGREEMENTS Motor Vehicles, Governor authorized to negotiate certain 559 REDDING, EUGENE Compensation to, authorized 3826 REGISTERED PROFESSIONAL SANITARIANS, ACT AMENDED Board of, terms of office provided, etc. 554 REHABILITATION CENTERS, COMMUNITY Provided 579 , 581 RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973, GEORGIA Enacted 512

Page 1644

RETIREMENT Employees, certain separate records authorized 706 Employees system, pension and annuity reserve funds, requirements for eliminated, etc. 900 Employees, messengers and doorkeepers 95 Employees', prior federal service credits, retention of 1410 Firemen's Pension Fund Act amended 186 Municipalities, benefits increased, proposed amendment to the Constitution (300,000 or more) 1493 Municipalities, certain, general employees, benefits increased 2885 Municipalities, general employees, service requirements changed (300,000 or more) 2841 Municipalities, fire departments, increased benefits provided (300,000 or more) 2880 Municipalities, fire department, service requirements changed (300,000 or more) 2837 Municipalities, police departments, service requirements changed (300,000 or more) 2832 Municipalities, length of service provisions changed, etc. (300,000 or more) 3768 Peace officers' annuity and benefits fund amended 57 , 63 Police departments, increased benefits provided (300,000 or more) 2882 Public School Employees, early retirement provided, etc. 1197 Sheriffs, certain age reductions, etc. 892 Sheriffs', increased benefits provided, etc. 1414 Tax commissioners, etc., provisions changed 880 Teachers, disability retirement provisions changed, etc. 905 Teachers, exemption from executions provided 896 Teachers, leave of absence provisions changed, etc. 903 Teachers', minimum benefits provided 895 REVENUE Airports, unlawful to tax traveling persons, etc. 483 Banks, certain federal and national institutions, taxed as State banks, etc. 924 Certain exemption act amended, cattle production defined 934 Grants to counties for roads, provided ad valorem tax credit provided, etc. 475 Income tax, net income meaning conformed to federal code, date changed 567 Income tax, quarterly return date changed 227 Intangible tax, real estate loans; failure to pay, recording not legal notice 271 Malt beverages, excise tax, imposition by municipalities, counties, etc. 328 Motor vehicle tagscertain refunds provided, etc. 507 Municipalities, certain, street computations provided, etc. 524 Municipalities, use of county tax assessments, exemptions (15,000 or more in counties of 59,000-60,000) 913

Page 1645

Nonprofit Hospitals, ad valorem tax exemption provided 19 Petroleum gas, certain compressed, exemption provided 55 Sales and Use Tax, art, certain objects of, etc., exempt 276 Tax Information, made available for data processing employees 568 REVENUE BOND LAW AMENDED Certain definition expanded 589 RICHMOND COUNTY Animal control, penalty provided 3197 (Augusta); board of tax assessors, compensation changes 3059 (Augusta), coliseum authority created 3042 Board of education, attorney authorized 3308 Civil court, contempt penalty changed, etc. 2744 Officials, elected, employees eligible for merit system status 3199 Tax Assessors, Board of, created 2812 RIDDLEVILLE, TOWN OF Charter amended, certain terms of office changed, etc. 3107 RINGGOLD, CITY OF Charter amended, corporate limits changed 3276 RIVER PROTECTION ACT, METROPOLITAN Enacted (1,000,000 or more) 128 RIVERDALE, CITY OF Charter amended, ad valorem taxation provisions changed 3642 RIVERSIDE, TOWN OF Ad valorem tax increased 2926 ROADS Not officially opened, driving on prohibited 452 Signs, defacing, etc., penalty provided 452 ROCKDALE COUNTY Commissioner, salary changed 2043 Coroner, salary changed 2055 Ordinary, salary changed, etc. 2053 Public defender, salary changed, etc. 2072 Sheriff, salary changed, etc. 2045 Superior court clerk, report, etc. 2048

Page 1646

Superior court reporter, salary changed 247 Superior court reporters, additional, authorized 249 Tax commissioner, salary changed, etc. 2051 ROME, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. Charter amended, corporate limits changed 3381 ROSSVILLE, CITY OF Charter amended, councilmen, number changed 3033 ROSWELL, CITY OF Charter amended, corporate limits changed 3407 RURAL TELEPHONE COOPERATIVE ACT Amended, certain powers in certain cities granted (14,310-15,140) 229 RUTLEDGE CHEVROLET COMPANY Compensation to, authorized 3771 S SALES Auction, personal property, regulation of, etc. 494 Household goods, warehousemen's liens on, effectiveness, etc. 437 Hot water tanks, automatic relief valves required, etc. 503 SANITARIANS, REGISTERED PROFESSIONAL, ACT AMENDED Board of, terms of office provided, etc. 554 SARDIS, CITY OF Charter amended, corporate limits changed 3131 SAVANNAH BEACH, CITY OF Charter amended, corporate limits changed, etc., referendum 3693 SAVANNAH-CHATHAM COUNTY Government, provisions changed 2268

Page 1647

SAVANNAH, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. SAVANNAH RIVER PIPELAND CORPORATION Easement conveyance to, authorized 1408 SCHOOL DISTRICTS Investments, additional, provided 1192 SCHOOLS Children, abuse of, reports permitted 309 Driver training, examination requirements, instructors 259 Flight, certain, exempted from proprietary school act, etc. 613 Immunizations, children, time provisions changed, etc. 910 Liability insurance for certain officials authorized, etc. 1267 Loitering prohibited, etc. 719 Superintendents, bonds 577 Teachers, rehiring provisions provided, etc. 907 Vocational, certain fund provisions changed 894 SEA OATS Harvesting prohibited 727 SECURITIES Private, etc., regulated 40 SECURITIES ACT OF 1973, GEORGIA Enacted 1202 SECURITIES DEPOSITORY Fiduciaries may deposit in, etc. 714 SESSIONS COMPANY, INC. Compensation to, authorized 3859 SHELLMAN, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. SHERIFFS Certain, compensation provided (500,000 or more) 2461 Compensation for, provided (5,750-5,800) 2307 Retirement fund act, amended, certain age reductions, etc. 892

Page 1648

SHERIFFS' BOYS' RANCH ROAD Designated 3863 SHERIFFS' RETIREMENT FUND Increased benefits provided, etc. 1414 SIGNS Road, defacing, etc., prohibited 452 Directional, certain erections authorized 690 SMALL CLAIMS COURTS Jurisdiction changed (12,800-12,950) 2635 Jurisdiction changed, etc. (34,500-39,500) 2750 SMITH, E. MITCHELL Compensation to, authorized 3852 SMYRNA, CITY OF Charter amended, corporate limits changed 3354 , 3358 SNELLVILLE, CITY OF Name change made 3436 SOIL AND WATER CONSERVATION DISTRICTS ACT Amended, advisory committee composition changed 929 Amended, employees subject to merit system, etc. 908 SOLID WASTE MANAGEMENT ACT Amended, permits, etc. 1269 SOPERTON, CITY OF City court, judge, salary changed, etc. 2938 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Compensation to, authorized 3866 SOUTHERN GROWTH POLICIES AGREEMENT ACT Enacted 622 SOUTHERN NATURAL GAS COMPANY Easement conveyance to, authorized 321

Page 1649

SPALDING COUNTY Superior court, judge, district attorney, salary supplements authorized 3133 SPARKS, TOWN OF Charter amended, mayor, term changed, etc. 3369 SPECIAL ELECTIONS Time for provided 174 STARNES, DICKIE, MEMORIAL, INC. Lease of land to, authorized 232 STATE BALLET COMPANY Designated 68 STATE BOARD OF EDUCATION Federal and State Governments, study of, provided, etc. 191 STATE BOARD OF NURSING HOMES ACT Amended 284 STATE BOARD OF PARDONS AND PAROLES ACT Amended, certain powers granted, etc. 1294 Membership increased 157 STATE COMMISSION ON COMPENSATION Salaries, certain, increased 701 STATE COURT OF CLAIMS Created, proposed amendment to the Constitution 1489 STATE COURTS Judges, included in retirement laws (145,000-165,000) 2717 Judges emeritus, effect of social security payments, etc. provided (150,000-165,000) 2733 STATE DEPARTMENTS, ETC. Travel Expenses, employee trust accounts provided, etc. 842 STATE DEPOSITORIES BOARD State Treasurer replaced, etc. 149

Page 1650

STATE EMPLOYEES Health insurance, participation increased, etc. 332 Offender Rehabilitation Employees, group liability insurance provided 1296 Pension and annuity fund, reserve eliminated, etc. 900 Soil and water conservation, subject to merit system, etc. 908 Suggestion and awards board act amended, program redefined, etc. 794 Tax Commissioners; retirement provision changed, etc. 880 Tax information, availability for data processing employees 568 Transfer, certain reimbursement for expenses of, provided 708 Travel trust expenses accounts provided, etc. 842 STATE EXAMINING BOARDS Licenses, determination of expiration date provided, etc. 1481 STATE FINANCING AND INVESTMENT COMMISSION ACT Enacted 750 STATE PROPERTIES CODE Enacted 857 STATE REVENUE DEPARTMENT Tax information, made available for data processing employees 568 STATE TRANSPORTATION BOARD Members, resignations from prior positions, etc. 661 STATE TREASURER Replaced as member of State Depositories Board 149 STATEMENT Unsworn, law abolished 292 STEPHENS COUNTY Coroner placed on salary 2875 Land conveyance authorized 17 Ordinary's clerk, salary changed 2099 Sheriff's deputies, salaries changed, etc. 2097 Superior court clerk's personnel, compensation changes 2095 Superior court, investigator provided, etc. 837

Page 1651

STEWART COUNTY Sheriff's office, operating expenses changed, etc. 2930 STATE GOVERNMENT Study of provided in schools, etc. 191 STOCK AND MUTUAL INSURERS Perpetual charter duration provided 185 STOCKBRIDGE, CITY OF Charter amended, taxation provisions changed 3527 STONE FORT LAND COMPANY Land conveyance authorized 21 STONE MOUNTAIN JUDICIAL CIRCUIT Court reporter, salary changed 247 Court reporters, additional, authorized 249 DeKalb County, superior court terms changed 317 SUMMERVILLE, CITY OF Charter amended 2311 SUMTER COUNTY Board of education reconstituted, etc., referendum 2127 Courthouse bell, plaque procurement authorized 3955 Ordinary, compensation changed 2352 State Court, compensation of judge changed, etc. 2349 Treasurer, compensation changed 2354 SUPERIOR COURTS Bail, certain offenses, provided 454 Bail, misdemeanors, not refused during appeal 454 Clerks, minimum salaries provided, etc. 256 Judges emeritus, certain compensation and expenses provided, etc. 911 Judges emeritus, widows, provisions changed 785 Juvenile Court Code amended, certain concurrent jurisdiction, etc. 882 SURETIES, CORPORATE Damages and attorney's fees, liability for, etc. 825

Page 1652

SURPLUS LINES BROKERS Examination provided, etc. 499 SURVEYORS, COUNTY Substitutes designated 639 SYLVESTER, CITY OF Charter amended, elections, majority vote required 3352 T TALBOT COUNTY Sheriff, expense allowance changed 3166 Tax Commissioner, compensation changed 3164 TANKS, HOT WATER Sales, automatic relief valves required, etc. 503 TATTNALL COUNTY Board of commissioners, chairman, compensation changed, etc. 2957 Board of education, chairman, members, compensation changes 2960 Sheriff, compensation changed, etc. 2962 Superior court clerk, compensation changed, etc. 2964 TAX ASSESSORS, COUNTY BOARD OF Appeals, certain, provided 709 TAX COMMISSIONERS Compensation of, certain, act repealed 2645 Etc., retirement provisions changed for 880 License and tags, certain retention by, authorized (10,000-10,200) 2624 TAX INFORMATION Made available for date processing employees 568 TAYLOR COUNTY Board of commissioners, compensation changed 3926 Ordinary, compensation changed 3928 Sheriff, compensation changed, etc. 3576 Superior court, clerk, compensation changed 3629 Tax commissioner, compensation changed, etc. 3621

Page 1653

TEACHERS Rehiring procedures provided, etc. 907 TEACHERS' RETIREMENT SYSTEM Creditable service time reduced 784 Disability retirement provisions changed, etc. 905 Exemption from executions provided 896 Leave of absence provisions changed, etc. 903 Minimum benefits provided 895 TELECOMMUNICATIONS CONSOLIDATION ACT OF 1973 Enacted 1261 TELEPHONES, RURAL, COOPERATIVE ACT Amended, certain powers in certain cities granted (14,310-15,140) 229 TERRITORIAL ELECTRIC SERVICE ACT, GEORGIA Enacted 200 THOMASTON, CITY OF Charter amended, corporate limits extended, etc. 3279 THOMASVILLE, CITY OF Board of Education, members, election of, etc. 2753 THOMBLEY, NEWELL N. Compensation to, authorized 3938 THOMSON, CITY OF New Charter 2132 TICKETS Hockey games, certain activity prohibited 96 TIFT COUNTY Board of commissioners, certain contingent expense allowance provided 2568 Board of Commissioners, chairman, compensation changed 2408 Tax commissioner, compensation changed 2410

Page 1654

TIFTON, CITY OF Charter amended, offices of mayor and vice mayor renamed, etc. 2557 TIMBER, TREATED, PRODUCTS ACT OF 1973, GEORGIA Enacted 1418 TOCCOA, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, corporate limits changed 2969 Charter amended, mayor, compensation provided, etc. 3169 TOOMBS COUNTY Board of education, election provided, etc. 3022 State court, judge, solicitor, salaries changed 3019 TORTS Damages, personal and property, distinct causes of action provided 295 Widow may release tortfeasor, etc. 488 TOWNS COUNTY Superior court, investigator provided, etc. 837 TRADE NAMES Limited Partnership not required to register 480 TRANSPORTATION, DEPARTMENT OF Grant programs, administration authorized, etc. 720 Harbor clearing, certain financial support authorized, etc. 1407 Personnel employment, authorized, etc. 1405 Signs, directional, certain erections authorized 690 TRANSPORTATION, PUBLIC, GEORGIA CODE OF Enacted 947 Amended, lease of certain air rights authorized 1401 TREASURER, STATE Replaced as member of State Depositories Board, etc. 149 TREASURERS, COUNTY Compensation of, certain, act repealed 2645

Page 1655

TREUTLEN COUNTY Ordinary, salary provided 2940 Sheriff, compensation changed, etc. 2942 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT AMENDED Inferior court, certain, excluded 788 TRIALS Peace officers, not required to reveal home addresses, etc. 547 TRUST COMPANIES Fiduciary, certain limited capacity authorized, etc. 525 TRUSTEES Compensation for certain services provided, etc. 547 Investments, certain definitions expanded 718 TRUSTS Certain executory trust irrevocable, etc. 844 Fiduciary bonds, not to include real estate, etc. 1191 Investments, authorized, changed 574 Trustees, procedure for resigning provided, etc. 939 TUCKER, JAMES Compensation to, authorized 3775 TWIN LAKES, CITY OF New charter, referendum 3837 U UNEMPLOYMENT COMPENSATION LAW Definitions changed, etc. 729 UNIFIED JUDICIAL SYSTEM Created, proposed amended to the Constitution 1486 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Cities may adopt, etc. 98 Lights on vehicles required when raining 434

Page 1656

Motorized carts authorized on certain streets, etc. 598 Red lights, certain right turns authorized, etc. 474 Uniform accident reports provided, etc. 443 UNIFORM COMMERCIAL CODE Clearing corporation redefined 689 UNIFORM STANDARDS CODE FOR MOBILE HOMES Enacted 4 UNINSURED MOTORISTS Subsection redesignated, etc. 487 UNION COUNTY Superior court, investigator provided, etc. 837 UPSON COUNTY Superior court, judge, district attorney, salary supplements authorized 3133 V VALDOSTA, CITY OF Charter amended, corporate limits changed, etc. 3242 VEHICLES Impoundment of, act amended (400,000 or more) 2622 Licenses and tags, certain retention by tax commissioners authorized (10,000-10,200) 2624 VETERANS Hunting licenses, permanent honorary, certain disabled, provided 1265 VETERINARY PRACTICE ACT Amended 260 VITAL AREAS ACT OF 1973 Enacted 935 VOLUNTEER FIREMEN Revolving red lights authorized 583

Page 1657

VOTERS LIST Jurors, selection from 484 Municipalities required to use county list, etc. 277 W W. A. (AT) NAIL BRIDGE Designated 3832 WALKER COUNTY Ordinary's office, personnel, compensation changed 2669 State court, judge, solicitor, compensation changed, etc. 3030 WALNUTGROVE-YOUTH WATER AUTHORITY ACT Amended, error corrected 2967 WALTON COUNTY Superior court reporters, employment of 520 WARE COUNTY Superior court clerk, compensation changed 3965 WAREHOUSEMEN'S LIENS Household goods, effectiveness, etc. 437 WARNER ROBINS, CITY OF Charter amended, certain refunding of bonds authorized 3673 Charter amended, corporate limits changed 3930 WASHINGTON COUNTY Sheriff, compensation changed, etc. 2639 Small claims court created 2061 State court, judge, solicitor, salaries changed 2636 Superior court clerk, compensation changed 2642 WASTE, SOLID, MANAGEMENT ACT Amended, permits, etc. 1269 WATER HEATERS Installation of, certain exemption provided 561

Page 1658

WATER Quality Control Act amended, sewage discharge permits, revocation of, etc. 1288 Supplies, certain, fluoridation required 148 Supply Quality Control Act amended, rules and regulations provided, etc. 1289 WATER RECREATION ACT OF 1973 Enacted 1449 WATER SUPPLY QUALITY CONTROL Act Amended, rules and regulations, provided, etc. 1289 WATKINSVILLE, TOWN OF Charter amended, election provisions changed, etc. 2742 WAYCROSS, CITY OF Charter amended, certain effective date changed 3216 WAYNE COUNTY Board of commissioners, compensations changed 3682 WEBSTER COUNTY Commissioner, compensation changed, etc. 2653 Ordinary, placed on salary 2650 Tax Commissioner, compensation changed 2649 Treasurer, compensation changed 2647 WHEELER COUNTY Commissioner, county clerk, provisions changed 2617 Ordinary, clerk for, provided 2619 Sheriff, compensation changed, etc. 2328 Superior court clerk, secretary provided 2937 Tax commissioner, clerk for, provided, etc. 3017 Treasurer, compensation changed 2631 WHITE COUNTY Water and sewerage authority act 3752 WHITE PLAINS, CITY OF Charter amended, corporate limits changed 3105 WHITFIELD COUNTY Gordon, Murray, Counties, Industrial City, created 2418

Page 1659

WILCOX COUNTY Superior court, reporter's salary changed, etc. 602 Superior court terms changed 601 WILD FLOWER PRESERVATION ACT OF 1973 Enacted 333 WILDLIFE, ENDANGERED, ACT OF 1973 Enacted 932 WILKES COUNTY Superior court clerk, salary changed 2025 WILLIAMS, E. W. Compensation to, authorized 3920 WILLIAMSON, TOWN OF Charter amended, mayor, councilmen, compensation provided 3515 WILLS Certain fiduciary powers, incorporation by reference provided 846 Executors, trustees, compensation for certain services provided, etc. 547 Fiduciary accountings, voucher provisions, etc. 830 Fiduciary bonds, not to include real estate, etc. 1191 Nonresident executors, certain, bond, relieved of 481 WINES Certain head of household production authorized, etc. 931 WINTERVILLE, CITY OF Charter amended, police court, presiding officer provided, etc. 2597 WORKMEN'S COMPENSATION ACT Amended 232 WRIGHTSVILLE, CITY OF Charter amended, mayor's court, fines increased, etc. 3139

Page 1660

Z ZONING Certain municipalities, rezoning restrictions on annexed property provided (18,100-18,250) 2094 ZONING MAPS Streets, etc., extension of time for acquiring streets provided, etc., certain counties and cities therein 2629

Page 1661

POPULATION OF GEORGIA COUNTIES County 1970 1960 1950 1940 1930 1920 Appling 12,726 13,246 14,003 14,497 13,314 10,594 Atkinson 5,879 6,188 7,362 7,093 6,894 7,656 Bacon 8,233 8,359 8,940 8,096 7,055 6,460 Baker 3,875 4,543 5,952 7,344 7,818 8,298 Baldwin 34,240 34,064 29,706 24,190 22,878 19,791 Banks 6,833 6,497 6,935 8,733 9,703 11,814 Barrow 16,859 14,485 13,115 13,064 12,401 13,188 Bartow 32,663 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,171 13,633 14,879 14,523 13,047 14,599 Berrien 11,556 12,038 13,966 15,370 14,646 15,573 Bibb 143,418 141,249 114,079 83,783 77,042 71,304 Bleckley 10,291 9,642 9,218 9,655 9,133 10,532 Brantley 5,940 5,891 6,387 6,871 6,895 Brooks 13,743 15,292 18,169 20,497 21,330 24,538 Bryan 6,539 6,226 5,965 6,288 5,952 6,343 Bulloch 31,585 24,263 24,740 26,010 26,509 26,133 Burke 18,255 20,596 23,458 26,520 29,224 30,836 Butts 10,560 8,976 9,079 9,182 9,345 12,327 Calhoun 6,606 7,341 8,578 10,438 10,576 10,225 Camden 11,334 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,412 6,672 8,063 9,103 8,991 9,228 Carroll 45,404 36,451 34,112 34,156 34,272 34,752 Catoosa 28,271 21,101 15,146 12,199 9,421 6,677 Charlton 5,680 5,313 4,821 5,256 4,381 4,536 Chatham 187,816 188,299 151,481 117,970 105,431 100,032 Chattahoochee 25,813 13,011 12,149 15,138 8,894 5,266 Chattooga 20,541 19,954 21,197 18,532 15,407 14,312 Cherokee 31,059 23,001 20,750 20,126 20,003 18,569 Clarke 65,177 45,363 36,550 28,398 25,613 26,111 Clay 3,636 4,551 5,844 7,064 6,943 5,557 Clayton 98,043 46,365 22,872 11,655 10,260 11,159 Clinch 6,405 6,545 6,007 6,437 7,015 7,984 Cobb 196,793 114,174 61,830 38,272 35,408 30,437 Coffee 22,828 21,953 23,961 21,541 19,739 18,653 Colquitt 32,298 34,048 33,999 33,012 30,622 29,332 Columbia 22,327 13,423 9,525 9,433 8,793 11,718 Cook 12,129 11,822 12,201 11,919 11,311 11,180 Coweta 32,310 28,893 27,786 26,972 25,127 29,047 Crawford 5,748 5,816 6,080 7,128 7,020 8,893 Crisp 18,087 17,768 17,663 17,540 17,343 18,914 Dade 9,910 8,666 7,364 5,894 4,146 3,918 Dawson 3,639 3,590 3,712 4,479 3,502 4,204 Decatur 22,310 25,203 23,620 22,234 23,622 31,785 DeKalb 415,387 256,782 136,395 86,942 70,278 44,051 Dodge 15,658 16,483 17,865 21,022 21,599 22,540 Dooly 10,404 11,474 14,159 16,886 18,025 20,522 Dougherty 89,639 75,680 43,617 28,565 22,306 20,063 Douglas 28,659 16,741 12,173 10,053 9,461 10,477 Early 12,682 13,151 17,413 18,679 18,273 18,983 Echols 1,924 1,876 2,494 2,964 2,744 3,313 Effingham 13,632 10,144 9,133 9,646 10,164 9,985 Elbert 17,262 17,835 18,585 19,618 18,485 23,905 Emanuel 18,357 17,815 19,789 23,517 24,101 25,862 Evans 7,290 6,952 6,653 7,401 7,102 6,594 Fannin 13,357 13,620 15,192 14,752 12,969 12,103 Fayette 11,364 8,199 7,978 8,170 8,665 11,396 Floyd 73,742 69,130 62,899 56,141 48,677 39,841 Forsyth 16,928 12,170 11,005 11,322 10,624 11,755 Franklin 12,784 13,274 14,446 15,612 15,902 19,957 Fulton 607,592 556,326 473,572 392,886 318,587 232,606 Gilmer 8,956 8,922 9,963 9,001 7,344 8,406 Glascock 2,280 2,672 3,579 4,547 4,388 4,192 Glynn 50,528 41,954 29,046 21,920 19,400 19,370 Gordon 23,570 19,228 18,922 18,445 16,846 17,736 Grady 17,826 18,015 18,928 19,654 19,200 20,306 Greene 10,212 11,193 12,843 13,709 12,616 18,972 Gwinnett 72,349 43,541 32,320 29,087 27,853 30,327 Habersham 20,691 18,116 16,553 14,771 12,748 10,730 Hall 59,405 49,739 40,113 34,822 30,313 26,822 Hancock 9,019 9,979 11,052 12,764 13,070 18,357 Haralson 15,927 14,543 14,663 14,377 13,263 14,440 Harris 11,520 11,167 11,265 11,428 11,140 15,775 Hart 15,814 15,229 14,495 15,512 15,174 17,944 Heard 5,354 5,333 6,975 8,610 9,102 11,126 Henry 23,724 17,619 15,857 15,119 15,924 20,420 Houston 62,924 39,154 20,964 11,303 11,280 21,964 Irwin 8,036 9,211 11,973 12,936 12,199 12,670 Jackson 21,093 18,499 18,997 20,089 21,609 24,654 Jasper 5,760 6,135 7,473 8,772 8,594 16,362 Jeff Davis 9,425 8,914 9,299 8,841 8,118 7,322 Jefferson 17,174 17,468 18,855 20,040 20,727 22,602 Jenkins 8,332 9,148 10,264 11,843 12,908 14,328 Johnson 7,727 8,048 9,893 12,953 12,681 13,546 Jones 12,218 8,468 7,538 8,331 8,992 13,269 Lamar 10,688 10,240 10,242 10,091 9,745 Lanier 5,031 5,097 5,151 5,632 5,190 Laurens 32,738 32,313 33,123 33,606 32,693 39,605 Lee 7,044 6,204 6,674 7,837 8,328 10,904 Liberty 17,569 14,487 8,444 8,595 8,153 12,707 Lincoln 5,895 5,906 6,462 7,042 7,847 9,739 Long 3,746 3,874 3,598 4,086 4,180 Lowndes 55,112 49,270 35,211 31,860 29,994 26,521 Lumpkin 8,728 7,241 6,574 6,223 4,927 5,240 McDuffie 15,276 12,627 11,443 10,878 9,014 11,509 McIntosh 7,371 6,364 6,008 5,292 5,763 5,119 Macon 12,933 13,170 14,213 15,947 16,643 17,667 Madison 13,517 11,246 12,238 13,431 14,921 18,803 Marion 5,099 5,477 6,521 6,954 6,968 7,604 Meriwether 19,461 19,756 21,055 22,055 22,437 26,168 Miller 6,424 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 18,956 19,652 22,528 23,261 23,620 25,588 Monroe 10,991 10,495 10,523 10,749 11,606 20,138 Montgomery 6,099 6,284 7,901 9,668 10,020 9,167 Morgan 9,904 10,280 11,899 12,713 12,488 20,143 Murray 12,986 10,447 10,676 11,137 9,215 9,490 Muscogee 167,377 158,623 118,028 75,494 57,558 44,195 Newton 26,282 20,999 20,185 18,576 17,290 21,680 Oconee 7,915 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,598 7,926 9,958 12,430 12,927 20,287 Paulding 17,520 13,101 11,752 12,832 12,327 14,025 Peach 15,990 13,846 11,705 10,378 10,268 Pickens 9,620 8,903 8,855 9,136 9,687 8,222 Pierce 9,281 9,678 11,112 11,800 12,522 11,934 Pike 7,316 7,138 8,459 10,375 10,853 21,212 Polk 29,656 28,015 30,976 28,467 25,141 20,357 Pulaski 8,066 8,204 8,808 9,829 9,005 11,587 Putnam 8,394 7,798 7,731 8,514 8,367 15,151 Quitman 2,180 2,432 3,015 3,435 3,820 3,417 Rabun 8,327 7,456 7,424 7,821 6,331 5,746 Randolph 8,734 11,078 13,804 16,609 17,174 16,721 Richmond 162,437 135,601 108,876 81,863 72,990 63,692 Rockdale 18,152 10,572 8,464 7,724 7,247 9,521 Schley 3,097 3,256 4,036 5,033 5,347 5,243 Screven 12,591 14,919 18,000 20,353 20,503 23,552 Seminole 7,059 6,802 7,904 8,492 7,389 Spalding 39,514 35,404 31,045 28,427 23,495 21,908 Stephens 20,331 18,391 16,647 12,972 11,740 11,215 Stewart 6,511 7,371 9,194 10,603 11,114 12,089 Sumter 26,931 24,652 24,208 24,502 26,800 29,640 Talbot 6,625 7,127 7,687 8,141 8,458 11,158 Taliaferro 2,423 3,370 4,515 6,278 6,172 8,841 Tattnall 16,557 15,837 15,939 16,243 15,411 14,502 Taylor 7,865 8,311 9,113 10,768 10,617 11,473 Telfair 11,394 11,715 13,221 15,145 14,997 15,291 Terrell 11,416 12,742 14,314 16,675 18,290 19,601 Thomas 34,562 34,319 33,932 31,289 32,612 33,044 Tift 27,288 23,487 22,645 18,599 16,068 14,493 Toombs 19,151 16,837 17,382 16,952 17,165 13,897 Towns 4,565 4,538 4,803 4,925 4,346 3,937 Treutlen 5,647 5,874 6,522 7,632 7,488 7,664 Troup 44,466 47,189 49,841 43,879 36,752 36,097 Turner 8,790 8,439 10,479 10,846 11,196 12,466 Twiggs 8,222 7,935 8,308 9,117 8,372 10,407 Union 6,811 6,510 7,318 7,680 6,340 6,455 Upson 23,505 23,800 25,078 25,064 19,509 14,786 Walker 50,691 45,264 38,198 31,024 26,206 23,370 Walton 23,404 20,481 20,230 20,777 21,118 24,216 Ware 33,525 34,219 30,289 27,929 26,558 28,361 Warren 6,669 7,360 8,779 10,236 11,181 11,828 Washington 17,480 18,903 21,012 24,230 25,030 28,147 Wayne 17,858 17,921 14,248 13,122 12,647 14,381 Webster 2,362 3,247 4,081 4,726 5,032 5,342 Wheeler 4,596 5,342 6,712 8,536 9,149 9,817 White 7,742 6,935 5,951 6,417 6,056 6,105 Whitfield 55,108 42,109 34,432 26,105 20,808 16,897 Wilcox 6,998 7,905 10,167 12,755 13,439 15,511 Wilkes 10,184 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,393 9,250 9,781 11,025 10,844 11,376 Worth 14,770 16,682 19,357 21,374 21,094 23,863 Total 4,589,981 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

Page 1664

POPULATION NUMERICALLY LISTED ACCORDING TO 1970 CENSUS County Population Echols 1,924 Quitman 2,180 Glascock 2,280 Webster 2,362 Taliaferro 2,423 Schley 3,097 Clay 3,636 Dawson 3,639 Long 3,746 Baker 3,875 Towns 4,565 Wheeler 4,596 Lanier 5,031 Marion 5,099 Heard 5,354 Treutlen 5,647 Charlton 5,680 Crawford 5,748 Jasper 5,760 Atkinson 5,879 Lincoln 5,895 Brantley 5,940 Montgomery 6,099 Clinch 6,405 Candler 6,412 Miller 6,424 Stewart 6,511 Bryan 6,539 Calhoun 6,606 Talbot 6,625 Warren 6,669 Union 6,811 Banks 6,833 Wilcox 6,998 Lee 7,044 Seminole 7,059 Evans 7,290 Pike 7,316 McIntosh 7,371 Oglethorpe 7,598 Johnson 7,727 White 7,742 Taylor 7,865 Oconee 7,915 Irwin 8,036 Pulaski 8,066 Twiggs 8,222 Bacon 8,233 Rabun 8,327 Jenkins 8,332 Putnam 8,394 Lumpkin 8,728 Randolph 8,734 Turner 8,790 Gilmer 8,956 Hancock 9,019 Pierce 9,281 Wilkinson 9,393 Jeff Davis 9,425 Pickens 9,620 Morgan 9,904 Dade 9,910 Wilkes 10,184 Greene 10,212 Bleckley 10,291 Dooly 10,404 Butts 10,560 Lamar 10,688 Monroe 10,991 Camden 11,334 Fayette 11,364 Telfair 11,394 Terrell 11,416 Harris 11,520 Berrien 11,556 Cook 12,129 Jones 12,218 Screven 12,591 Early 12,682 Appling 12,726 Franklin 12,784 Macon 12,933 Murray 12,986 Ben Hill 13,171 Fannin 13,357 Madison 13,517 Effingham 13,632 Brooks 13,743 Worth 14,770 McDuffie 15,276 Dodge 15,658 Hart 15,814 Haralson 15,927 Peach 15,990 Tattnall 16,557 Barrow 16,859 Forsyth 16,928 Jefferson 17,174 Elbert 17,262 Washington 17,480 Paulding 17,520 Liberty 17,569 Grady 17,826 Wayne 17,858 Crisp 18,087 Rockdale 18,152 Burke 18,255 Emanuel 18,357 Mitchell 18,956 Toombs 19,151 Meriwether 19,461 Stephens 20,331 Chattooga 20,541 Habersham 20,691 Jackson 21,093 Decatur 22,310 Columbia 22,327 Coffee 22,828 Walton 23,404 Upson 23,505 Gordon 23,570 Henry 23,724 Chattahoochee 25,813 Newton 26,282 Sumter 26,931 Tift 27,288 Catoosa 28,271 Douglas 28,659 Polk 29,656 Cherokee 31,059 Bulloch 31,585 Colquitt 32,298 Coweta 32,310 Bartow 32,663 Laurens 32,738 Ware 33,525 Baldwin 34,240 Thomas 34,562 Spalding 39,514 Troup 44,466 Carroll 45,404 Glynn 50,528 Walker 50,691 Whitfield 55,108 Lowndes 55,112 Hall 59,405 Houston 62,924 Clarke 65,177 Gwinnett 72,349 Floyd 73,742 Dougherty 89,639 Clayton 98,043 Bibb 143,418 Richmond 162,437 Muscogee 167,377 Chatham 187,816 Cobb 196,793 DeKalb 415,387 Fulton 607,592 Total 4,589,981

Page 1666

GEORGIA STATE SENATE COUNTY Senatorial District Appling 4, 7 Atkinson 7 Bacon 7 Baker 10 Baldwin 25 Banks 47 Barrow 45, 48 Bartow 31, 52 Ben Hill 13 Berrien 8 Bibb 26, 27 Bleckley 19 Brantley 6 Brooks 9, 10 Bryan 3 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 7 Chatham 1, 2, 3 Chat'h'hee 11 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 28, 44 Clinch 7 Cobb 32, 33, 56 Coffee 8, 19 Colquitt 9 Columbia 24 Cook 8 Coweta 28, 30 Crawford 17 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41-43, 55 Dodge 19 Dooly 13 Dougherty 12, 14 Douglas 30, 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 28, 34 Floyd 52 Forsyth 49, 51 Franklin 47 Fulton 34-40, 56 Gilmer 50 Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Hab'rsham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17, 28 Houston 18 Irwin 13 Jackson 46, 49 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 17 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 3, 6 Lowndes 8 Lumpkin 50 Macon 14, 18 Madison 24, 47 Marion 14 McDuffie 24 McIntosh 3 Meriweth'r 29 Miller 11 Mitchell 9 Monroe 27 Montg'ry 20 Morgan 25, 45 Murray 54 Muscogee 15, 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31, 56 Peach 18 Pickens 51 Pierce 7 Pike 17 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22, 23 Rockdale 45 Schley 14 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 11 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 21, 24 Wash'ton 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1973-1974 Name District Post Office Ballard, W. D. Don 45th 405 Haygood St., Oxford 30267 Barker, Ed 18th P. O. Drawer KK 1113 Watson Blvd., Warner Robins 31093 Bell, Robert H. Bob 5th 2535 Henderson Mill Rd., N.E. Atlanta 30319 Broun, Paul C. 46th 287 W. Broad St. Athens 30601 Brown, M. Parks 47th P. O. Box 37 Hartwell 30643 Carter, Hugh A. 14th P. O. Box 97 Plains 31780 Cleland, Max 55th 421 State Capitol Bldg. Atlanta 30334 Coggin, Frank E. 35th 1001 International Blvd. Hapeville 30354 Coverdell, Paul D. 40th Suite 607, 1447 Peachtree St., N.E. Atlanta 30309 Cox, Jay Carroll 21st P. O. Box 633 (Office) Swainsboro 30401 P. O. Box 37, Twin City 30471 (Res.) Dean, Roscoe E., Jr. 6th 612 Cherry Street Jesup 31545 Doss, Sam W., Jr. 52nd P. O. Box 431 Rome 30161 Duncan, J. Ebb 30th P. O. Box 26 Carrollton 30117 Eldridge, Frank, Jr. 7th P. O. Box 1141 Waycross 31501 Fincher, W. W. (Bill), Jr. 54th P. O. Box 149 Chatsworth 30705 Garrard, Ed 37th 956 Plymouth Road, N.E. Atlanta 30306 Gillis, Hugh M., Sr. 20th P. O. Box 148 Soperton 30457 Hamilton, Bert 26th 464 West Buford Rd. Macon 31204 Henderson, Dr. J. H. (Jack), Jr. 33rd 1290 Gresham Rd. Marietta 30060 Herndon, Michael N. 10th P. O. Box 1507 Thomasville 31792 Hill, Render 29th P. O. Box 246 Greenville 30222 Holley, R. Eugene 22nd 206 Seventh St. Augusta 30902 Holloway, A. W. (Al) 12th P. O. Box 588 Albany 31702 Howard, Pierre, Jr. 42nd 600 First Nat. Bank Bldg. Decatur 30030 Hudgins, Floyd 15th 3034 Emory St. Columbus 31903 Jackson, Harry C. 16th P. O. Box 2547 Columbus 31902 Johnson, Leroy 38th 1014 Gordon Street, S.W. Atlanta 30310 Kennedy, Joseph E. 4th P. O. Box 246 Claxton 30417 Kidd, Culver 25th 146 N. Wayne St. Milledgeville 31061 Langford, J. Beverly 51st P. O. Box 207 Calhoun 30701 Lester, James L. 23rd First Federal Savings Bldg. 985 Broad Street Augusta 30902 London, Maylon K. 50th P. O. Box 325 Cleveland 30528 McDuffie, E. M. Pete 19th Route 6 Eastman 31023 McGill, Sam P. 24th Washington 30673 Moore, Tom 56th 200 River North Drive, N.W. Atlanta 30328 Overby, Howard T. 49th P.O. Box 636 Gainesville 30501 Parker, James I. 31st P.O. Box 1018 Cedartown 30125 Reynolds, Steve 48th 297 Craig Dr. Lawrenceville 30245 Riley, John R. 1st P.O. Box 9641 Savannah 31402 Rowan, Robert A. (Bobby) 8th Enigma 31749 Salter, Bethel 17th 310 Oglethorpe Way Thomaston 30286 Skene, George N. 27th 620 Georgia Power Building Macon 31201 Smalley, Robert H., Jr. 28th P.O. Box 198 Griffin 30223 Smith, W. Armstrong 34th 1405 DeLowe Drive, S.W. Atlanta 30311 Starr, Terrell 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Dr., S. E. Atlanta 30315 Summers, E. G. 53rd P.O. Box 499 LaFayette 30728 Sutton, Franklin 9th Route 1 Norman Park 31771 Thompson, Joe 32nd P.O. Box 1045 Smyrna 30080 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N. E. Atlanta 30319 Ward, Horace T. 39th 859 Hunter St., N.W. Atlanta 30314 Warren, George T., II 43rd 3762 Tree Bark Trail Decatur 30034 Wasden, Wiley A., Jr. 2nd 206 Factors Walk Savannah 31401 Webb, Julian 11th P.O. Box 277 Donalsonville 31745 Young, Martin 13th P.O. Box 68 Rebecca 31783 Zipperer, Edward H. (Ed) 3rd Route 4, Box 475 Little Neck Farms Savannah 31405

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1973-1974 District Name Address 1 Riley, John R. P. O. Box 9641, Savannah 31402 2 Wasden, Wiley A., Jr. 206 Factors Walk, Savannah 31401 3 Zipperer, Edward H. (Ed) Route 4, Box 475, Little Neck Farms, Savannah 31405 4 Kennedy, Joseph E. P. O. Box 246, Claxton 30417 5 Bell, Robert H. Bob 2535 Henderson Mill Rd., N.E., Atlanta 30319 6 Dean, Roscoe E., Jr. 612 Cherry Street, Jesup 31545 7 Eldridge, Frank, Jr. P. O. Box 1141, Waycross 31501 8 Rowan, Robert A. (Bobby) Enigma 31749 9 Sutton, Franklin Route 1, Norman Park 31771 10 Herndon, Michael N. P. O. Box 1507, Thomasville 31792 11 Webb, Julian P. O. Box 277, Donalsonville 31745 12 Holloway, A. W. (Al) P. O. Box 588, Albany 31702 13 Young, Martin P. O. Box 68, Rebecca 31783 14 Carter, Hugh A. P. O. Box 97, Plains 31780 15 Hudgins, Floyd 3034 Emory Street, Columbus 31903 16 Jackson, Harry C. P. O. Box 2547, Columbus 31902 17 Salter, Bethel 310 Oglethorpe Way, Thomaston 30286 18 Barker, Ed P. O. Drawer KK, 1113 Watson Blvd., Warner Robins 31093 19 McDuffie, E. M. Pete Route 6, Eastman 31023 20 Gillis, Hugh M., Sr. P. O. Box 148, Soperton 30457 21 Cox, Jay Carroll P. O. Box 37 (Residence), Twin City 30471 22 Holley, R. Eugene 206 Seventh Street, Augusta 30902 23 Lester, James L. First Federal Savings Bldg., 985 Broad Street, Augusta 30902 24 McGill, Sam P. Washington 30673 25 Kidd, Culver 146 N. Wayne Street, Milledgeville 31061 26 Hamilton, Bert 464 West Buford Rd., Macon 31204 27 Skene, George N. 620 Georgia Power Building, Macon 31201 28 Smalley, Robert H., Jr. P. O. Box 198, Griffin 30223 29 Hill, Render P. O. Box 246, Greenville 30222 30 Duncan, J. Ebb P. O. Box 26, Carrollton 30117 31 Parker, James I. P. O. Box 1018, Cedartown 30125 32 Thompson, Joe P. O. Box 1045, Smyrna 30080 33 Henderson, Dr. J. H. (Jack) 1290 Gresham Rd., Marietta 30060 34 Smith, W. Armstrong 1405 DeLowe Dr., S.W., Atlanta 30311 35 Coggin, Frank E. 1001 International Blvd., Hapeville 30354 36 Stephens, Jack L. 2484 Macon Dr., S.E., Atlanta 30315 37 Garrard, Ed 956 Plymouth Rd., N.E., Atlanta 30306 38 Johnson, Leroy 1014 Gordon St., S.W., Atlanta 30310 39 Ward, Horace T. 859 Hunter St., N.W., Atlanta 30314 40 Coverdell, Paul D. Suite 607, 1447 Peachtree St., N.E., Atlanta 30309 41 Tysinger, James W. (Jim) 3781 Watkins Pl., N.E., Atlanta 30319 42 Howard, Pierre, Jr. 600 First Nat. Bank Bldg., Decatur 30030 43 Warren, George T., II 3762 Tree Bark Trail, Decatur 30034 44 Starr, Terrell 4766 Tanglewood Lane, Forest Park 30050 45 Ballard, W. D. (Don) 405 Haygood St., Oxford 30267 46 Broun, Paul C. 287 W. Broad St., Athens 30601 47 Brown, M. Parks P. O. Box 37, Hartwell 30643 48 Reynolds, Steve 297 Craig Dr., Lawrenceville 30245 49 Overby, Howard T. P. O. Box 636, Gainesville 30501 50 London, Maylon K. P. O. Box 325, Cleveland 30528 51 Langford, J. Beverly P. O. Box 207, Calhoun 30701 52 Doss, Sam W., Jr. P. O. Box 431, Rome 30161 53 Summers, E. G. P. O. Box 499, LaFayette 30728 54 Fincher, W. W. (Bill), Jr. P. O. Box 149, Chatsworth 30705 55 Cleland, Max 421 State Capitol Bldg., Atlanta 30334 56 Moore, Tom 200 River North Dr., N.W., Atlanta 30328

Page 1673

HOUSE OF REPRESENTATIVES County House District Appling 116 Atkinson 125 Bacon 127 Baker 114 Baldwin 93,94 Banks 10,12 Barrow 12,61,62 Bartow 7,8 Ben Hill 115 Berrien 123 Bibb 89 Bleckley 102 Brantley 116,127 Brooks 124 Bryan 92 Bulloch 76 Burke 76,77 Butts 69,74 Calhoun 113,114,118 Camden 127 Candler 92 Carroll 64 Catoosa 2,3 Charlton 126 Chatham 105-112 Chattahoochee 95,96 Chattooga 5 Cherokee 8 Clarke 62 Clay 113 Clayton 68 Clinch 125 Cobb 19,20,21 Coffee 115,127 Colquitt 122 Columbia 73 Cook 123 Coweta 65,67 Crawford 88 Crisp 115 Dade 1,5 Dawson 8 Decatur 119 DeKalb 44-58 Dodge 102 Dooly 115 Dougherty 114 Douglas 63,64 Early 118 Echols 124 Effingham 112 Elbert 13 Emanuel 91,92 Evans 92 Fannin 4 Fayette 67,68 Floyd 14,15,16 Forsyth 9 Franklin 13 Fulton 22-43 Gilmer 3,4,8 Glascock 90 Glynn 128 Gordon 7 Grady 119,120 Greene 13,97 Gwinnett 59,60,61 Habersham 10,11 Hall 9 Hancock 97 Haralson 18 Harris 84 Hart 13 Heard 64,65 Henry 69 Houston 98,99,100 Irwin 115 Jackson 12 Jasper 75,97 Jeff Davis 116 Jefferson 77 Jenkins 91 Johnson 90,91 Jones 75 Lamar 74 Lanier 124 Laurens 102 Lee 114 Liberty 117 Lincoln 72 Long 104,117 Lowndes 124 Lumpkin 4 Macon 88,100 Madison 13 Marion 95 McDuffie 73,77 McIntosh 117 Meriwether 65,66 Miller 118 Mitchell 122 Monroe 75 Montgomery 103 Morgan 71,97 Murray 3 Muscogee 84-87 Newton 69,70 Oconee 13,62 Oglethorpe 13 Paulding 18,19,21 Peach 88,98 Pickens 8 Pierce 116,127 Pike 74 Polk 16,17 Pulaski 102 Putnam 94 Quitman 96 Rabun 4 Randolph 113 Richmond 77-83 Rockdale 57 Schley 100 Screven 76 Seminole 118,119 Spalding 67 Stephens 10 Stewart 96 Sumter 96,101 Talbot 66 Taliaferro 72 Tattnall 92,104 Taylor 95 Telfair 102,116 Terrell 113 Thomas 120,121 Tift 123 Toombs 103,104 Towns 4 Treutlen 103 Troup 65 Turner 115 Twiggs 89 Union 4 Upson 74 Walker 1,5,6 Walton 71 Ware 125,126 Warren 72,77 Washington 90 Wayne 116 Webster 96 Wheeler 103 White 4,11 Whitfield 3,6 Wilcox 102 Wilkes 72 Wilkinson 93 Worth 115

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1973-1974 Name District Post Office Adams, G. D. 36 532 St. Johns Ave., S.W., Atlanta 30315 Adams, J. Hoyt 84 Box 138, Upatoi 31829 Adams, John 14 7 East Creekview Dr., Rome 30161 Adams, Marvin 74-Post 1 939 N. Bethel St., Thomaston 30286 Alexander, William H. 38 Citizens Trust Co. Bank Bldg., Atlanta 30303 Alexander, W. M. (Bill) 39 1443 Pollard Dr., S.W., Atlanta 30311 Allen, Sam D. 108 P. O. Box 6706 Savannah 31405 Atherton, Howard 19-Post 3 848 Greymont Rd., Marietta 30060 Bailey, Frank I., Jr. 68-Post 2 6524 Hayes Dr., Riverdale 30274 Beckham, Robert C. (Bob) 82 P. O. Box 1532 Augusta 30903 Bennett, Jim T., Jr. 124-Post 3 1 Smithbriar Dr., Valdosta 31601 Berlin, Robert A., Bob 89-Post 6 Suite 517, First Natl. Bank Bldg., Macon 31201 Berry, C. Ed 86-Post 1 2516 Harding Dr. Columbus 31906 Blackshear, Rev. Jesse 106 P. O. Box 9182 Savannah 31402 Bohannon, J. E. 64-Post 2 P. O. Box 531 Carrollton 30117 Bond, Julian 32 361 West View Dr., S. W. Atlanta 30310 Bostick, Henry 123-Post 2 231 Tift Ave., Tifton 31794 Brantley, Haskew H., Jr. 22 6114 Riverside Dr., N. W., Atlanta 30328 Brantley, Hines L. 92 South Broad St., Metter 30439 Bray, Claude A., Jr. 66 105 Broad St., Manchester 31816 Brown, Ben 34 Suite 1838, 100 Peachtree St., N. W., Atlanta 30303 Brown, Clayton, Jr. 67-Post 2 550 South Hill St., Griffin 30223 Brown, S. Phillip 89-Post 2 P. O. Box 4348 Macon 31208 Buck, Thomas B., III 87-Post 1 P. O. Box 196 Columbus 31902 Burruss, A. L. (Al) 21-Post 2 P. O. Box 6338 A, Marietta 30062 Burton, Joe 47 2598 Woodwardia Rd., N.E., Atlanta 30345 Busbee, George D. 114-Post 1 P. O. Box 1954 Albany 31702 Carlisle, John R. 67-Post 1 P. O. Box 286, Griffin 30223 Carr, Tom C. 90 North Smith St., Sandersville 31082 Carrell, Bobby 71 111 Hillside Dr., Monroe 30655 Castleberry, Don 96 P. O. Box 377 Richland 31825 Chance, George A., Jr. 112 P. O. Box 373 Springfield 31329 Clark, Betty J. 55 2293 Cresta Dr., Decatur 30032 Cole, Jack H. 6-Post 1 P. O. Box 626, Dalton 30720 Coleman, Terry L. 102-Post 1 Clements St., Eastman 31023 Collins, Marcus E. 122-Post 2 Rt. 1, Pelham 31779 Collins, Stanley N., Jr. 45 1727 W. Nancy Creek Dr., N.E. Atlanta 30319 Colwell, Carlton H. 4-Post 1 P. O. Box 6, Blairsville 30512 Coney, Dekle 89-Post 4 P. O. Box 4846 Macon 31208 Connell, Jack 80 P. O. Box 308 Augusta 30903 Daugherty, J. C. 33 202 Daugherty Bldg., 15 Chestnut St., S.W., Atlanta 30314 Davis, Earl T. 85-Post 1 2321 Carson Dr., Columbus 31906 Davis, Walt 56-Post 1 3782 Snapfinger Rd., Lithonia 30058 Dean, Gibson II 60 Main St., Buford 30518 Dean, James E. 54 17 East Lake Dr., N.E., Atlanta 30317 Dean, Nathan D. 17 340 Wingfoot St., Rockmart 30153 Dent, R. A. 78 1120 Pine St., Augusta 30901 Dickey, W. M. Dick 89-Post 5 4930 Guerry Dr., Macon 31204 Dixon, Harry D. 126 1303 Coral Rd., Waycross 31501 Dollar, James (Jim) 63 P. O. Box 278 6508 Spring St., Douglasville 30134 Dorminy, A. B. C. (Brad), Jr. 115-Post 1 701 W. Central Ave., Fitzgerald 31750 Duke, Wm. Travis 20-Post 1 Mailing: Suite 308, 1819 Peachtree St., N.E., Atlanta 30309 Home: 5542 Burgess Dr., Mableton 30059 Edwards, Ward 95 P. O. Box 146 Butler 31006 Egan, Michael J. 25 3100 First Natl. Bank Tower, Atlanta 30303 Elliott, Ewell H., (Hank) Jr. 49 Katz, Paller Land 8004 Perimeter Center East Atlanta 30346 Ellis, Morriss W. 107 312 Gordonston Ave., Savannah 31404 Evans, Billy L. 89-Post 3 1844 Flintwood Dr., Macon 31201 Ezzard, Clarence G., Sr. 29 245 Atlanta Ave., S.E., Atlanta 30315 Farrar, Robert H. (Bob) 52 10 N. Clarendon Ave., Avondale Estates 30002 Floyd, James H. Sloppy 5 Box 521, Trion 30753 Floyd, Leon R. 56-Post 2 P. O. Box 32249 Decatur 30032 Foster, R. L. 6-Post 2 Rt., 3, Dalton 30720 Fraser, Donald H. 117 P. O. Box 472 Hinesville 31313 Geisinger, Harry C. 44 5161 Stratham Dr., Dunwoody 30338 Gignilliat, Arthur M. 105 P. O. Box 968, Savannah 31402 Grahl, Daniel K. 88 P. O. Box 591, Fort Valley 31030 Grantham, Simon 127-Post 1 306 E. Ward St., Douglas 31533 Greer, John W. 43-Post 3 802 Healey Bldg., Atlanta 30303 Groover, Denmark, Jr. 75 P. O. Box 162 Gray 31032 Hamilton, Mrs. Grace T. 31 582 University Pl., N.W., Atlanta 30314 Harden, Eston A. 128-Post 2 114 Cater St., St. Simons Island 31522 Harrington, J. Floyd 93 120 N. Elbert St., Milledgeville 31061 Harris, Joe Frank 8-Post 1 1 Valley Dr., Cartersville 30120 Harris, J. Robin 51 P. O. Box 57 Decatur 30031 Harrison, Robert L. Bob, Sr. 116-Post 2 P. O. Box 367 Jesup 31545 Hawes, Peyton S., Jr. 43-Post 1 80 Broad St., N.W., Atlanta 30303 Hays, Forest, Jr. 1-Post 2 St. Elmo, Rt. 3, Chattanooga, Tennessee 37409 Hill, Bobby 110 208 East 34th St., Savannah 31401 Hill, Guy 41 1074 Boatrock Road, S.W., Atlanta 30331 Horton, Gerald T. 43-Post 2 2710 Nat'l Bank of Ga. Bldg., Atlanta 30303 Horton, William L. (Bill) 56-Post 3 2014 Nat'l Bank of Ga. Bldg., Atlanta 30303 Howard, G. Robert (Bob) 19-Post 2 218 Roswell St., Suite 202 Marietta 30060 Howell, W. Mobley 118 P. O. Box 348, Blakely 31723 Hudson, Ted 115-Post 2 303 Glynn Ave., Fitzgerald 31750 Hutchinson, R. S. (Dick) 114-Post 3 915 Sixth Ave., Albany 31705 Irvin, Jack 10 Rt. 1, Baldwin 30511 Irvin, Robert A. Bob 23 Box 325, Roswell 30075 Irwin, John R. 113 Dawson 31742 Jessup, Ben 102-Post 3 101 Cherry St., Cochran 31014 Johnson, Rudolph 68-Post 4 5904 Jonesboro Rd., Morrow 30260 Jones, Herbert, Jr. 109 413 Arlington Rd., Savannah 31406 Jordon, Hugh S. 58 1284 Park Blvd., Stone Mountain 30083 Keyton, James W. 121 Box 90, Thomasville 31792 King, Jack A. 85-Post 2 3110 Hooper Ave., Columbus 31907 Knight, Nathan G. 65-Post 3 P. O. Box 1175 Newnan 30263 Kreeger, George H. 21-Post 1 3500 Lee St., Smyrna 30080 Lambert, E. Roy 97 P. O. Box 169, Madison 30650 Lane, Dick 40 2704 Humphries St., East Point 30344 Lane, W. Jones 76-Post 1 Box 484, Statesboro 30458 Larsen, George K. 27 48 Glenald Way, N.W., Atlanta 30327 Larsen, W. W., Jr. 102-Post 2 P. O. Box 2002 Court Square Station Dublin 31021 Lee, William J. Bill 68-Post 1 5325 Hillside Dr., Forest Park 30050 Lee, William S. (Billy) 114-Post 4 1215 Baker Ave., Albany 31705 Levitas, Elliott H. 50 829 Castle Falls Drive, N.E., Atlanta 30329 Lewis, Preston B., Jr. 77-Post 2 P. O. Box 88, Waynesboro 30830 Logan, Hugh 62-Post 1 1328 Prince Ave., Athens 30601 Lowrey, Sidney 15 Rt. 7, Rome 30161 Marcus, Sidney J. 26 707 Edgehill Ave., N.W., Atlanta 30318 Mason, James D. 59 P. O. Box 326 Snellville 30278 Matthews, Chappelle 62-Post 2 306 Southern Mutual Bldg., Athens 30601 Matthews, Dorsey R. 122-Post 1 Rt. 1 Moultrie 31768 Mauldin, A. T. 13-Post 1 P. O. Box 87 Carnesville 30521 Miles, Bernard F. 79 2934 Peach Orchard Rd., Augusta 30906 Milford, Billy 13-Post 2 Rt. 3, Hartwell 30643 Morgan, J. W. (Jim) 70 P. O. Box 106 Covington 30209 Moyer, E. Vince 99 110-A LaClaire Colony Warner Robins 31093 Mulherin, Matthew W. 81 820 Reynolds St., Augusta 30902 Mullinax, Edwin G. (Ed) 65-Post 2 P. O. Drawer 1429 LaGrange 30240 Murphy, Thomas B. 18 Box 163 Bremen 30110 McCracken, J. Roy 77-Post 1 P. O. Box 85 Avera 30803 McDaniell, Hugh Lee 20-Post 2 1231 Pebble Creek Rd., S.E., Marietta 30060 McDonald, Lauren (Bubba), Jr. 12 P. O. Box 246 Commerce 30529 McKinney, J. E. (Billy) 35 765 Shorter Ter., N.W., Atlanta 30318 Nessmith, Paul E., Sr. 76-Post 2 Rt. 4, Statesboro 30458 Nix, Ken 20-Post 3 3878 Manson Ave., Smyrna 30080 Noble, Bill 48 1523 Oak Grove Rd., Decatur 30033 Northcutt, Lamar D. 68-Post 3 5340 W. Fayetteville Rd., College Park 30349 Odom, Colquitt H. 114-Post 2 204 N. Monroe Albany 31705 Oxford, Oliver 101 P. O. Box J Americus 31709 Patten, Grover C. 123-Post 1 P. O. Drawer 312 Adel 31620 Patten, Robert L. 124-Post 2 Rt. 1, Box 180 Lakeland 31635 Patterson, John K. 64-Post 1 502 Adamson Ave., Carrollton 30117 Pearce, H. Norwood 87-Post 2 P. O. Box 2312 Columbus 31902 Peters, Robert G. 2 P. O. Box 550 Ringgold 30736 Petro, George 46 3700 Buford Hwy., Apt. 25 Atlanta 30329 Phillips, Glenn S. 73 P. O. Box 26 Harlem 30814 Phillips, L. L. Pete 103 Box 166, Soperton 30457 Pinkston, Frank C. 89-Post 1 3077 Stuart Dr., Macon 31204 Rainey, Howard H. 115-Post 3 201 Eighth St., South Cordele 31015 Reaves, Henry L. 124-Post 1 Rt. 2., Quitman 31643 Ritchie, Hubert G. 11 Cornelia 30531 Roach, Andy 8-Post 3 Box 677, Canton 30114 Rogers, Charles W. (Billy) 128-Post 1 2630 Starling St., Brunswick 31520 Ross, Ben Barron 72 P. O. Box 245 Lincolnton 30817 Rush, Dewey D. 104 Rt. 4, P. O. Box 266 Glennville 30427 Russell, John 62-Post 3 Rt. 2, Winder 30680 Russell, Walter B., Jr. 53 921 Nottingham Dr., Avondale Estates 30002 Sams, Bill 83 410 First Natl. Bank Bldg., Augusta 30902 Savage, John 30 1688 Lakewood Ave., S.E., Atlanta 30315 Shanahan, Tom L. 7 P. O. Box 427 Calhoun 30701 Shepherd, E. J. 28 346 Angier Ave., N.E., Atlanta 30312 Smith, Geo. L. II 91 P. O. Box 99 Swainsboro 30401 Smith, J. R. 74-Post 2 P. O. Box G Barnesville 30204 Smith, Virlyn B. 42 330 Rivertown Rd., Fairburn 30213 Snow, Wayne, Jr. 1-Post 1 Mailing: P. O. Box 26 Rossville 30741 Res. Chickamauga 30707 Stephens, William S. 37 80 Cleveland Ave., S.W., Atlanta 30315 Strickland, L. Jack 116-Post 1 Rt. 3, Box 67, Baxley 31513 Sweat, Ottis, Jr. 125 2100 Ben Hill Ave., Waycross 31501 Thomason, Boyd 8-Post 2 RFD 2 Jasper 30143 Thompson, Albert W. 86-Post 2 210 Ninth St., Columbus 31901 Toles, E. B. 16 1114 Park Blvd., Rome 30161 Townsend, Kiliaen V. 24 120 North Ave., N.W., Atlanta 30313 Triplett, Tom 111 P. O. Box 9586 Savannah 31402 Tucker, Ray M. 69 P. O. Box 469, McDonough 30253 Turner, Tom 3 Colonial Hills Dr., Chatsworth 30705 Twiggs, Ralph 4-Post 2 P. O. Box 432 Hiawassee 30546 Vaughn, Clarence R., Jr. 57 P. O. Box 410 Conyers 30207 Waddle, Ted W. 98 113 Tanglewood Dr., Warner Robins 31093 Walker, Larry 100 P. O. Box 1234 Perry 31069 Wall, Vinson 61 120 McConnell Dr., Lawrenceville 30245 Wamble, Burton M. 120 Rt. 1, Box 119 Cairo 31728 Ware, J. Crawford 65-Post 1 P. O. Box 305, Hogansville 30230 Wheeler, Bobby A. 127-Post 2 Rt. 1, Alma 31510 Wheeler, Jack A., O.D. 13-Post 3 P. O. Box 807, Elberton 30635 Whitmire, Doug 9-Post 2 Rt. 2, Box 609 Gainesville 30501 Williams, W. M. Bill 9-Post 3 1628 Thompson Bridge Rd., Gainesville 30501 Willis, Robert T. 119 P. O. Box 98, Bainbridge 31717 Wilson, Joe Mack 19-Post 1 77 Church St., Marietta 30060 Wilson, M. Lamar 94 P. O. Box 688 Milledgeville 31061 Wood, Joe T. 9-Post 1 P. O. Box 736, Cumberland Dr., Gainesville 30501

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1973-1974 District Representative Address 1-Post 1 Wayne Snow, Jr. Mailing: P. O. Box 26 Rossville 30741 1-Post 2 Forest Hays, Jr. St. Elmo, Route 3 Chattanooga, Tenn. 37409 2 Robert G. Peters P. O. Box 550 Ringgold 30736 3 Tom Turner Colonial Hills Dr., Chatsworth 30705 4-Post 1 Carlton H. Colwell P. O. Box 6 Blairsville 30512 4-Post 2 Ralph Twiggs P. O. Box 432 Hiawassee 30546 5 James H. Sloppy Floyd P. O. Box 521 Trion 30753 6-Post 1 Jack H. Cole P. O. Box 626 Dalton 30720 6-Post 2 R. L. Foster Route 3 Dalton 30720 7 Tom L. Shanahan P. O. Box 427 Calhoun 30701 8-Post 1 Joe Frank Harris 1 Valley Drive Cartersville 30120 8-Post 2 Boyd Thomason RFD 2, Jasper 30143 8-Post 3 Andy Roach P. O. Box 677 Canton 30114 9-Post 1 Joe T. Wood P. O. Box 736 Cumberland Drive Gainesville 30501 9-Post 2 Doug Whitmire Route 2, Box 609 Gainesville 30501 9-Post 3 W. M. Bill Williams 1628 Thompson Bridge Road Gainesville 30501 10 Jack Irvin Route 1 Baldwin 30511 11 Hubert G. Ritchie Cornelia 30531 12 Lauren (Bubba) McDonald, Jr. P. O. Box 246 Commerce 30529 13-Post 1 A. T. Mauldin P. O. Box 87 Carnesville 30521 13-Post 2 Billy Milford Route 3 Hartwell 30643 13-Post 3 Jack A. Wheeler O. D. P. O. Box 807 Elberton 30635 14 John Adams 7 East Creekview Dr. Rome 30161 15 Sidney Lowrey Route 7 Rome 30161 16 E. B. Toles 1114 Park Boulevard Rome 30161 17 Nathan D. Dean 340 Wingfoot Street Rockmart 30153 18 Thomas B. Murphy P. O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church Street Marietta 30060 19-Post 2 G. Robert (Bob) Howard 218 Roswell Street Suite 202 Marietta 30060 19-Post 3 Howard Atherton 848 Greymont Road Marietta 30060 20-Post 1 Wm. Travis Duke Suite 308 1819 Peachtree St., NE Atlanta 30309 20-Post 2 Hugh Lee McDaniell 1231 Pebble Creek Rd., S.E., Marietta 30060 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 21-Post 1 George H. Kreeger 3500 Lee Street Smyrna 30080 21-Post 2 A. L. (Al) Burruss P. O. Box 6338A, Marietta 30062 22 Haskew H. Brantley, Jr. 6114 Riverside Dr., N.W., Atlanta 30328 23 Robert A. Bob Irvin P. O. Box 325 Roswell 30075 24 Kiliaen V. Townsend 120 North Ave., N.W., Atlanta 30313 25 Michael J. Egan 3100 First Nat'l Bank Tower Atlanta 30303 26 Sidney J. Marcus 707 Edgehill Ave., N.W., Atlanta 30318 27 George K. Larsen 48 Glenald Way, N.W., Atlanta 30327 28 E. J. Shepherd 346 Angier Ave., N.E., Atlanta 30312 29 Clarence G. Ezzard, Sr. 245 Atlanta Ave., S.E., Atlanta 30315 30 John Savage 1688 Lakewood Ave., S.E., Atlanta 30315 31 Mrs. Grace T. Hamilton 582 University Place, N.W., Atlanta 30314 32 Julian Bond 361 West Drive, S.W., Atlanta 30310 33 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St., S.W., Atlanta 30314 34 Ben Brown Suite 1838 100 Peachtree St., N.W., Atlanta 30303 35 J. E. (Billy) McKinney 765 Shorter Terrace, N.W., Atlanta 30318 36 G. D. Adams 532 St. Johns Ave., S.W., Atlanta 30315 37 William S. Stephens 80 Cleveland Ave., S.W., Atlanta 30315 38 William H. Alexander Citizens Trust Co. Bank Bldg. Atlanta 30303 39 W. M. (Bill) Alexander 1443 Pollard Dr., S.W., Atlanta 30311 40 Dick Lane 2704 Humphries Street East Point 30344 41 Guy Hill 1074 Boatrock Road, S.W., Atlanta 30331 42 Virlyn B. Smith 330 Rivertown Road Fairburn 30213 43-Post 1 Peyton S. Hawes, Jr. 80 Broad Street, N.W., Atlanta 30303 43-Post 2 Gerald T. Horton 2710 Nat'l Bank of Ga. Bldg. Atlanta 30303 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 44 Harry C. Geisinger 5161 Stratham Drive Dunwoody 30338 45 Stanley N. Collins, Jr. 1727 West Nancy Creek Drive, N.E., Atlanta 30319 46 George Petro 3700 Buford Highway Apt. 25 Atlanta 30329 47 Joe Burton 2598 Woodwardia Rd., N.E., Atlanta 30345 48 Bill Noble 1523 Oak Grove Road Decatur 30033 49 Ewell H. (Hank) Elliott, Jr. 8004 Perimeter Center, East Atlanta 30346 50 Elliott H. Levitas 829 Castle Falls Dr., N.E., Atlanta 30329 51 J. Robin Harris P. O. Box 57 Decatur 30031 52 Robert H. (Bob) Farrar 10 N. Clarendon Ave., Avondale Estates 30002 53 Walter B. Russell, Jr. 921 Nottingham Drive Avondale Estates 30002 54 James E. Dean 17 East Lake Dr., N.E. Atlanta 30317 55 Betty J. Clark 2293 Cresta Drive Decatur 30032 56-Post 1 Walt Davis 3782 Snapfinger Road Lithonia 30058 56-Post 2 Leon R. Floyd P. O. Box 32249 Decatur 30032 56-Post 3 Wm. L. (Bill) Horton 2014 Nat'l Bank of Ga. Bldg., Atlanta 30303 57 Clarence R. Vaughn, Jr. P. O. Box 410 Conyers 30207 58 Hugh S. Jordan 1284 Park Boulevard Stone Mountain 30083 59 James D. Mason P. O. Box 326 Snellville 30278 60 Gibson Dean, II Main Street Buford 30518 61 Vinson Wall 120 McConnell Drive Lawrenceville 30245 62-Post 1 Hugh Logan 1328 Prince Avenue Athens 30601 62-Post 2 Chappelle Matthews 306 S. Mutual Building Athens 30601 62-Post 3 John Russell Route 2 Winder 30680 63 James (Jim) Dollar 6508 Spring Street Douglasville 30134 64-Post 1 John K. Patterson 502 Adamson Avenue Carrollton 30117 64-Post 2 J. E. Bohannon P. O. Box 531 Carrollton 30117 65-Post 1 J. Crawford Ware P. O. Box 305 Hogansville 30230 65-Post 2 Edwin G. (Ed) Mullinax P. O. Drawer 1429 LaGrange 30240 65-Post 3 Nathan G. Knight P. O. Box 1175 Newnan 30263 66 Claude A. Bray, Jr. 105 Broad Street Manchester 31816 67-Post 1 John R. Carlisle P. O. Box 286 Griffin 30223 67-Post 2 Clayton Brown, Jr. 550 South Hill Street Griffin 30223 68-Post 1 William J. Bill Lee 5325 Hillside Drive Forest Park 30050 68-Post 2 Frank I. Bailey, Jr. 6524 Hayes Drive Riverdale 30274 68-Post 3 Lamar D. Northcutt 5340 W. Fayetteville Rd., College Park 30349 68-Post 4 Rudolph Johnson 5904 Jonesboro Road Morrow 30260 69 Ray M. Tucker P. O. Box 469 McDonough 30253 70 J. W. (Jim) Morgan P. O. Box 106 Covington 30309 71 Bobby Carrell 111 Hillside Drive Monroe 30655 72 Ben Barron Ross P. O. Box 245 Lincolnton 30817 73 Glenn S. Phillips P. O. Box 26 Harlem 30814 74-Post 1 Marvin Adams 939 North Bethel St. Thomaston 30286 74-Post 2 J. R. Smith P. O. Box G Barnesville 30204 75 Denmark Groover, Jr. P. O. Box 162 Gray 31032 76-Post 1 W. Jones Lane Box 484 Statesboro 30458 76-Post 2 Paul E. Nessmith, Sr. Route 4 Statesboro 30458 77-Post 1 J. Roy McCracken P. O. Box 85 Avera 30803 77-Post 2 Preston B. Lewis, Jr. P. O. Box 88 Waynesboro 30830 78 R. A. Dent 1120 Pine Street Augusta 30901 79 Bernard F. Miles 2934 Peach Orchard Rd. Augusta 30906 80 Jack Connell P. O. Box 308 Augusta 30903 81 Matthew W. Mulherin 820 Reynolds Street Augusta 30902 82 Robert C. (Bob) Beckham P. O. Box 1532 Augusta 30903 83 Bill Sams 410 First Nat'l Bank Bldg., Augusta 30902 84 J. Hoyt Adams Box 138 Upatoi 31829 85-Post 1 Earl T. Davis 2321 Carson Drive Columbus 31906 85-Post 2 Jack A. King 3110 Hooper Avenue Columbus 31907 86-Post 1 C. Ed. Berry 2516 Harding Drive Columbus 31906 86-Post 2 Albert W. Thompson 210 Ninth Street Columbus 31901 87-Post 1 Thomas B. Buck, III P. O. Box 196 Columbus 31902 87-Post 2 H. Norwood Pearce P. O. Box 2312 Columbus 31902 88 Daniel K. Grahl P. O. Box 591 Fort Valley 31030 89-Post 1 Frank C. Pinkston 3077 Stuart Drive Macon 31204 89-Post 2 S. Phillip Brown P. O. Box 4348 Macon 31208 89-Post 3 Billy L. Evans 1844 Flintwood Drive Macon 31201 89-Post 4 Dekle Coney P. O. Box 4846 Macon 31208 89-Post 5 W. M. Dick Dickey 4930 Guerry Drive Macon 31204 89-Post 6 Robert A. Bob Berlin First Nat'l Bank Bldg. Macon 31201 90 Tom C. Carr North Smith Street Sandersville 31082 91 Geo. L. Smith, II P. O. Box 99 Swainsboro 30401 92 Hines L. Brantley South Broad Street Metter 30439 93 J. Floyd Harrington 120 North Elbert St. Milledgeville 31061 94 M. Lamar Wilson P. O. Box 688 Milledgeville 31061 95 Ward Edwards P. O. Box 146 Butler 31006 96 Don Castleberry P. O. Box 377 Richland 31825 97 E. Roy Lambert P. O. Box 169 Madison 30650 98 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 99 E. Vince Moyer 110-A LaClaire Colony Warner Robins 31093 100 Larry Walker P. O. Box 1234 Perry 31069 101 Oliver Oxford P. O. Box J Americus 31709 102-Post 1 Terry L. Coleman Clements Street Eastman 31023 102-Post 2 W. W. Larsen, Jr. P. O. Box 2002 Court Square Station Dublin 31021 102-Post 3 Ben Jessup 101 Cherry Street Cochran 31014 103 L. L. Pete Phillips Box 166 Soperton 30457 104 Dewey D. Rush Route 4, P. O. Box 266 Glennville 30427 105 Arthur M. Gignilliat P. O. Box 968 Savannah 31402 106 Rev. Jesse Blackshear P. O. Box 9182 Savannah 31402 107 Morriss W. Ellis 312 Gordonston Avenue Savannah 31404 108 Sam D. Allen P. O. Box 6706 Savannah 31405 109 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 110 Bobby Hill 208 East 34th Street Savannah 31401 111 Tom Triplett P. O. Box 9586 Savannah 31402 112 George A. Chance, Jr. P. O. Box 373 Springfield 31329 113 John R. Irwin Dawson 31742 114-Post 1 George D. Busbee P. O. Box 1954 Albany 31702 114-Post 2 Colquitt H. Odom 204 N. Monroe Albany 31705 114-Post 3 R. S. (Dick) Hutchinson 915 Sixth Avenue Albany 31705 114-Post 4 William S. (Billy) Lee 1215 Baker Avenue Albany 31705 115-Post 1 A.B.C. (Brad) Dorminy, Jr. 701 W. Central Avenue Fitzgerald 31750 115-Post 2 Ted Hudson 303 Glynn Avenue Fitzgerald 31750 115-Post 3 Howard H. Rainey 201 Eighth St., South Cordele 31015 116-Post 1 L. Jack Strickland Route 3, Box 67 Baxley 31513 116-Post 2 Robert L. Bob Harrison, Sr. P. O. Box 367 Jesup 31545 117 Donald H. Fraser P. O. Box 472 Hinesville 31313 118 W. Mobley Howell P. O. Box 348 Blakely 31723 119 Robert T. Willis P. O. Box 98 Bainbridge 31717 120 Burton M. Wamble Route 1, Box 119 Cairo 31728 121 James W. Keyton Box 90 Thomasville 31792 122-Post 1 Dorsey R. Matthews Route 1 Moultrie 31768 122-Post 2 Marcus E. Collins Route 1 Pelham 31779 123-Post 1 Grover C. Patten P. O. Drawer 312 Adel 31620 123-Post 2 Henry Bostick 231 Tift Avenue Tifton 31794 124-Post 1 Henry L. Reaves Route 2 Quitman 31643 124-Post 2 Robert L. Patten Route 1, Box 180 Lakeland 31635 124-Post 3 Jim T. Bennett, Jr. 1 Smithbriar Drive Valdosta 31601 125 Ottis Sweat, Jr. 2100 Ben Hill Avenue Waycross 31501 126 Harry D. Dixon 1303 Coral Road Waycross 31501 127-Post 1 Simon Grantham 306 East Ward Street Douglas 31533 127-Post 2 Bobby A. Wheeler Route 1 Alma 31510 128-Post 1 Charles W. (Billy) Rogers 2630 Starling Street Brunswick 31520 128-Post 2 Eston A. Harden 114 Cater Street St. Simons Island 31522

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1972 Georgia Laws Referendums Proposed Election Results Not Known Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 5 16 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 45 2 2 41 1959 34 1 33 1960 47 7 1 39 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 35 2 3 30 1964 Ex. Sess. 9 1 1 7 1965 23 3 20 1966 25 2 23 1967 39 2 37 1968 48 3 1 44 1969 48 3 3 42 1970 44 4 1 39 1971 43 5 38 1971 Ex. Sess. 3 3 1972 64 1 3 60 TOTALS 726 39 38 649

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REFERENDUM ELECTIONS1953-1971 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For 1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For 1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626

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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For 107 Agn 58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For 463 Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area vote: Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] 2932 DeKalb City Court of Decatur 5-16-56 For 12,520 3237 Agn 5,846 DeKalb (1 of 2) Multiple commission form of government 5-16-56 For 18,393 3237 Agn 2,001 DeKalb (1 of 2) Commission Chairman 5-16-56 For:(a) 4,743 2022 For:(b) 15,300 Fayette Tax Commissioner 2-25-56 For 292 3507 Agn 37 Glascock Sheriffcompensation 3-14-56 For 498 2502 Agn 227 Gwinnett Tax Commissioner 11- 6-56 For 3,383 3166 Agn 1,641 Hall City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41. Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831

Page 1701

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18

Page 1703

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel $2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5- 7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held

Page 1707

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White (Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629

Page 1710

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11- 8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5- 5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11- 8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806

Page 1714

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12, 269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For 1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 1717

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn 129 Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

Page 1720

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page 1723

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 For 93 Pickens 2066 Board of County Commissioners 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863

Page 1726

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Election Date of Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page 1727

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 Tax Commissionercompensation 6-16-65 For 943 Agn 361

Page 1729

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn- 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page 1731

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9- 1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6- 7-67 For 663 Agn 570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11- 7-67 For1001 Agn2317 Houston 3244 County Board of Education 11- 7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5- 3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5- 3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 County Board of Education 9- 6-67 For 441 Agn 65 Polk 2718 County Board of Education 11- 5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page 1734

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11- 5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For 2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page 1738

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For 1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11- 3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For 1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- 3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7- 5-69 For 118 Agn 293

Page 1742

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For 57 Agn 51 Bryan 3191 City of Richmond Hill 5-26-70 For 84 Agn 154 Bulloch 2790 County Board of Education 6-10-70 For 903 Agn 698 Calhoun 2361 Sheriff Personnel 4-23-70 For 121 Agn 120 Camden 3278 Tax Commissioner 11- 3-70 For648 Agn 476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For 49 Agn 114 Charlton 3270 County Board of Education 5-19-70 For 293 Agn 307 Charlton 3274 County Commissioners 5-19-70 For 272 Agn 328 Chatham 2018 Town of Thunderbolt 4-14-70 For 306 Agn 29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For 339 Agn 205 Clarke 2985 County School District Tax 11- 3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn 595 Elbert 2321 County Treasurer 11- 3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn 350 Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn 2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page 1745

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 1,049 Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11- 7-72 For 768 Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813 Agn 477 Pierce 2888 County CommissionerChrm 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730 Bibb 2136 Board of Public Education 11- 2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page 1749

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ----- ----- 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 For 940 Agn 1,377 Brantley 3145 Salary of deputy sheriffs 8- 8-72 For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72 For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72 For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Camden 3138 Certain county officers salary 8- 8-72 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8- 8-72 Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8- 8-72 Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8- 8-72 Demo. For 683 Agn 1,050 Rep. For 1 Agn 0 Camden 3770 Small Claims Court of Camden County 8- 8-72 Demo. For 926 Agn 801 Rep. For 1 Agn 0 Chatham 3019 Savannah-Chatham County government 4-10-73 City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5- 9-72 For20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8- 8-72 For 1,410 Agn 616 Heard 2113 Board of county commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total: For 93 Agn 135 McIntosh 2852 City of Darien 11- 7-72 Not Held Macon 2322 Board of county commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 For 1,060 Agn 1,785 Madison 2972 Appt. of county school superintendent 11- 7-72 For 921 Agn 2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 For348 Agn901 Wilkinson 333 County Board of Education 11-7-72 For654 Agn608

Page 1754

This is a summary of the results of referendum elections which are of file in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1755

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolutions in the Senate or the House of Representatives of the State of Georgia, and each having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were general; and WHEREAS: Said proposed amendments were published and submitted to the people (electors) of the entire State as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of the entire State voting in favor of ratifying and against ratifying said proposed amendments have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: BALLOT NUMBER PROPOSED AMENDMENT FOR AGAINST 1. (Ga. L. 1972 P. 1364) Proposed amendment to the Constitution to create a Judicial Qualifications Commission and provide for the removal, discipline, or involuntary retirement of justices and judges of courts of this State 597,670 154,961 2. (Ga. L. 1972 P. 1576) Proposed amendment to the Constitution to provide for a Board of Natural Resources. 527,373 223,935 3. (Ga. L. 1972 P. 1557) Proposed amendment to the Constitution to change the name and designation of the Department of Industry and Trade to the Department of Community Development and to change the name and designation of the Board of Commissioners of the Department of Industry and Trade to the Board of Community Development. 398,097 319,388 4. (Ga. L. 1972 P. 1537) Proposed amendment to the Constitution to change the name and designation of the State Highway Board to the State Transportation Board; to change the name and designation of Director to Commissioner; to change the reference to and designation of the State Highway Department to the Department of Transportation; and, to provide for the payment for taking or damaging private property for public road and street purposes, in order to authorize the state to require the removal of existing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interferring with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money. 500,091 230,575 5. (Ga. L. 1972 P. 1545) Proposed amendment to the Constitution to delete the name and office of Treasurer from the Constitution. 365,451 345,597 6. (Ga. L. 1972 P. 1355) Proposed amendment to the Constitution to abolish the State Board of Corrections. 332,898 383,533 7. (Ga. L. 1972 P. 1356) Proposed amendment to the Constitution to provide that the State Board of Pardons and Paroles shall be composed of not less than five or more than seven members, and to provide that future members of the Board shall serve for a period of seven years or until removed by the concurrent action of the Governor, Lieutenant Governor and Attorney General. 488,635 231,188 8. (Ga. L. 1972 P. 1523) Proposed amendment to the Constitution to provide for a new and more effective method of financing the State's needs; to prohibit State institutions, departments and agencies from entering into any contract with any public agency, corporation or authority which such contract is intended to secure debt of such agency, corporation or authority; to authorize the incurring of public debt under the new method of financing; to provide for the payment of such debt; to limit the issuance of such debt; and to create the Georgia State Financing and Investment Commission. 476,435 235,038 9. (Ga. L. 1972 P. 1563) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for relocation assistance and payments to persons displaced by public projects or programs and, in connection with the acquisition of real property for public projects and programs, the establishment and implementation of policies and practices and the payment or reimbursement of necessary expenses, so as to prevent the loss of large sums of federal money. 482,174 222,003 10. (Ga. L. 1972 P. 1555) Proposed amendment to the Constitution to authorize the General Assembly to exempt from ad valorem taxation certain property of nonprofit hospitals which have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations. 630,919 197,644 11. (Ga. L. 1972 P. 1548) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educational purposes. 479,595 250,881 12. (Ga. L. 1972 P. 1575) Proposed amendment to the Constitution to authorize State taxation to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music, and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program. 407,784 328,380 13. (Ga. L. 1972 P. 1359) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for tuition grants to qualified students who are children of certain United States servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power since 26 March 1964. 529,932 199,494 14. (Ga. L. 1972 P. 1362) Proposed amendment to the Constitution to provide that each disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia. 555,403 190,895 15. (Ga. L. 1972 P. 1572) Proposed amendment to the Constitution to authorize State departments and State agencies to disburse State funds to match federal funds in order to provide qualified employees with subprofessional, technical and professional educational scholarships and to establish the terms and conditions of educational scholarships. 366,959 325,779 16. (Ga. L. 1971 P. 947) Proposed amendment to the Constitution to provide that federal old-age, survivor or disability benefits shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00 and to provide that a person 65 years of age or older, after having once received the additional homestead exemption now provided for such persons with a certain income, need not apply for such exemption each year, but must notify the tax commissioner or tax receiver in the event he is no longer eligible for such exemption. 589,872 148,225 17. (Ga. L. 1972 P. 1460) Proposed amendment to the Constitution to provide that the homestead of each resident of each independent school district who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family not exceeding $6,000.00 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system. 551,355 182,528 18. (Ga. L. 1972 P. 1463) Proposed amendment to the Constitution to provide that the homestead of each resident of each county school district who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family not exceeding $6,000.00 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of the school system. 529,553 195,793 19. (Ga. L. 1972 P. 1552) Proposed amendment to the Constitution to confer upon counties and municipalities, or any combination thereof, certain powers and authority to provide services; and to provide that districts may be created within which such services may be provided. 360,864 305,958 20. (Ga. L. 1972 P. 1533) Proposed amendment to the Constitution to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created by law and such law provided that such system be funded wholly or partly from fines and forfeitures. 450,802 242,523 21. (Ga. L. 1972 P. 1544) Proposed amendment to the Constitution to provide for concurrent jurisdiction by the Superior and Juvenile Courts over juvenile offenders. 448,251 222,581 22. (Ga. L. 1972 P. 1550) Proposed amendment to the Constitution to provide for annual appropriations. 394,429 257,068 23. (Ga. L. 1972 P. 1535) Proposed amendment to the Constitution to change the procedure for presenting Bills and Resolutions to the Governor and for over-riding Bills and Resolutions vetoed by the Governor. 322,202 339,979 24. (Ga. L. 1971 P. 938) Proposed amendment to the Constitution to allow the General Assembly to establish the residence requirements to vote, so long as at least 30 days' residence is required. 459,566 229,051

Page 1760

THEREFORE: I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim that the proposed general amendments numbered 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 24 have been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1973. FURTHER: I do hereby proclaim that the proposed general amendments numbered 6 and 23, not having been ratified according to the Constitution of this State, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia, not to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the

Page 1761

State Capitol in the City of Atlanta on this the 4th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.

Page 1762

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolution in the Senate and the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were not general and determined the political subdivision or subdivisions directly affected by said proposed amendments; and WHEREAS: Said proposed amendments were published as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The Secretary of State has certified to me, as Governor of the State of Georgia, the results of the 1972 General Election as required by law; and WHEREAS: The votes in favor of ratification and the votes against ratification of the proposed amendments are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST 25. (Ga. L. 1971 P. 952) BARTOW COUNTY CITY OF CARTERSVILLE 892 204 Proposed amendment to the Constitution to provide that residents of the City of Cartersville who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. CHATTAHOOCHEE COUNTY 176 40 26. (Ga. L. 1972 P. 1372) Proposed amendment to the Constitution to fix the salary, and to define the operational expenses and duties of the Sheriff of Chattahoochee County. CHATTAHOOCHEE COUNTY 149 61 27. (Ga. L. 1972 P. 1375) Proposed amendment to the Constitution to create the Chattahoochee County Airport Authority. CHATHAM COUNTY 16,329 8,526 28. (Ga. L. 1971 P. 962) Proposed amendment to the Constitution to authorize the Chatham County Commissioners to district areas outside municipalities for water, sewerage, fire protection, street lighting, garbage and trash collection services and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks, and to levy a tax for such purposes, subject to a vote within the district. CHATHAM COUNTY 12,473 6,272 29. (Ga. L. 1971 P. 964) Proposed amendment to the Constitution to authorize the Chatham County Commissioners and Ex Officio Judges to provide for the payment of taxes due upon real and personal property at such time, and in such manner as said county shall provide and to prorate said taxes for less than a full year when the property taxed becomes tax exempt during the year. CHATHAM COUNTY 4,474 6,343 30. (Ga. L. 1972 P. 1466) City of Savannah 9,323 2,605 Proposed amendment to the Constitution to authorize an Act of the General Assembly abolishing and consolidating into a county-wide government the existing governments of Chatham County and the City of Savannah, and providing for all matters relative thereto. CHATHAM COUNTY 14,720 4,609 31. (Ga. L. 1972 P. 1493) Proposed amendment to the Constitution to abolish Recorder's Court of Chatham County and to provide that Recorder's Court of the City of Savannah, to be known as The Recorder's Court of Chatham County, shall succeed, replace and have the jurisdiction, powers and duties formerly possessed by Recorder's Court of Chatham County and to provide for additional jurisdiction of said Court and for the terms of office and the election of the judge thereof. CHATHAM COUNTY 5,108 2,776 32. (Ga. L. 1972 P. 1569) City of Savannah 6,788 2,262 Proposed amendment to the Constitution to name the acquisition, construction, improvement or modification of air or water pollution control facilities as being within the purposes of the Savannah Port Authority. CHATHAM COUNTY 33. (Ga. L. 1972 P. 1521) City of Savannah 7,122 3,629 Proposed amendment to the Constitution to authorize the Mayor and Aldermen of the City of Savannah to issue ten (10%) percent of its total unused bond capacity but not more than one million ($1,000,000.00) dollars in general obligation bonds in any fiscal year without a referendum, but subject to a public hearing and the limitations imposed, for street and drainage improvements. COBB COUNTY 34. (Ga. L. 1971 P. 966) Cobb County School District 15,782 19,203 Proposed amendment to the Constitution to authorize the General Assembly to reapportion the education districts of the Cobb County School District and to provide for the compensation, per diem, expenses and allowances of the members of the Cobb County Board of Education. COBB COUNTY 35. (Ga. L. 1972 P. 1394) City of Marietta 2,516 2,699 Proposed amendment to the Constitution to create the City of Marietta Parking Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, municipalities, counties of political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta. COBB COUNTY 36. (Ga. L. 1972 P. 1478) City of Marietta 2,455 2,472 Proposed amendment to the Constitution to extend the period of time over which revenue bonds may be issued by the Board of Lights and Waterworks of the City of Marietta, and to provide that said board may maintain a combined utility system in behalf of the City of Marietta and prescribe rules and regulations pertaining to the operation thereof without any joint action or concurrence on the part of the governing body of the City of Marietta. COBB COUNTY 37. (Ga. L. 1972 P. 1440) City of Smyrna 2,314 450 Proposed amendment to the Constitution to authorize the Mayor and Council of the City of Smyrna to exempt from certain ad valorem taxes an amount not to exceed $2,500 of the value of the homestead of certain residents of the City of Smyrna who are at least 65 years of age and who have been residents of the city for a period of not less than three years. COWETA COUNTY 38. (Ga. L. 1972 P. 1410) City of Newnan 1,840 449 Proposed amendment to the Constitution to authorize the City of Newnan and its Board of Water, Sewerage and Light Commission to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to issue revenue bonds for adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose. DEKALB COUNTY 35,850 57,051 39. (Ga. L. 1972 P. 1446) AVONDALE ESTATES ..... ..... CHAMBLEE ..... ..... CLARKSTON ..... ..... DECATUR ..... ..... DORAVILLE ..... ..... LITHONIA ..... ..... PINE LAKE ..... ..... STONE MOUNTAIN ..... ..... Proposed amendment to the Constitution to authorize the governing authority of DeKalb County and the municipalities wholly in DeKalb County to establish service districts in which one or more governmental services may be provided and a tax levied on all property situated in such districts to provide for the furnishing of such facilities and services therein, which tax may be in addition to tax levied on a county-wide or municipal-wide basis. DEKALB COUNTY 31,063 58,089 41. (Ga. L. 1972 P. 1566) Proposed amendment to the Constitution to authorize DeKalb County to issue general obligation bonds for any public purpose, except school bonds, aggregating not more than $4,000,000.00 principal in any calendar year without a referendum. DEKALB COUNTY 42. (Ga. L. 1971 P. 940) City of Decatur 2,931 730 Proposed amendment to the Constitution to provide that each resident of the City of Decatur, Georgia, who is sixty-five (65) years of age or older shall be granted an exemption from all City of Decatur, Georgia ad valorem taxes of $2,000.00 of the value on the homestead owned and occupied by said resident as a homestead within said City if the net income of said resident from all sources including the net income of the spouse of said resident and all members of the family of said resident who also occupy and reside at such homestead does not exceed $4,000.00 for the immediately preceding taxable year. DOUGHERTY COUNTY 4,335 9,431 43. (Ga. L. 1971 P. 972) City of Albany ..... ..... Proposed amendment to the Constitution to authorize Dougherty County to levy an annual tax upon each motor vehicle licensed to operate in said County. DOUGHERTY COUNTY 6,427 7,071 44. (Ga. L. 1971 P. 974) Proposed amendment to the Constitution to authorize Dougherty County to issue franchiscs for the collection of garbage in unincorporated areas of Dougherty County. DOUGHERTY COUNTY 6,566 7,147 45. (Ga. L. 1972 P. 1344) City of Albany 6,412 5,761 Proposed amendment to the Constitution to create the Albany-Dougherty County Governmental Revision Commission and to authorize and empower such Commission to study all matters relating to the consolidation of the governments of the City of Albany and Dougherty County or the reorganization, consolidation or merger of any part or portion thereof, and to authorize said Commission to draft and submit a proposed charter consolidating, reorganizing, or merging such governments or portions thereof to the voters of the City of Albany and Dougherty County for approval or rejection. EFFINGHAM COUNTY 1,135 926 46. (Ga. L. 1972 P. 1474) Proposed amendment to the Constitution to authorize the governing authority of Effingham County to assess and collect license fees, occupational taxes, and amusement taxes upon businesses in Effingham County outside the incorporated limits of municipalities and and to regulate same. FLOYD COUNTY 8,303 3,754 47. (Ga. L. 1971 P. 968) Floyd County School District 4,624 2,486 Proposed amendment to the Constitution to provide for the recall of the clerk of the superior court, coroner, ordinary, sheriff or tax commissioner of Floyd County or any member of the county board of education. FULTON COUNTY 59,820 39,254 48. (Ga. L. 1972 P. 1437) City of Atlanta in Fulton County 38,436 21,478 City of Atlanta in DeKalb County 1,921 1,213 Proposed amendment to the Constitution to authorize Fulton County to construct, maintain and operate a system of public libraries (including any such system heretofore operated by the City of Atlanta) throughout said County and within the corporate limits of any City located wholly or partially within said County, and to authorize said County to levy taxes throughout said County for such purposes. FULTON COUNTY 60,930 33,577 49. (Ga. L. 1972 P. 1439) Proposed amendment to the Constitution to authorize the governing authority of Fulton County to maintain and operate facilities within or without the boundaries of said County for the detention, incarceration or confinement of all persons (including juveniles) subject to detention, incarceration or confinement under the laws of this State, under any County resolution or under any City ordinance; and for other purposes. FULTON COUNTY 63,441 34,983 50. (Ga. L. 1972 P. 1477) Proposed amendment to the Constitution to authorize Fulton County, with the consent of the city involved, to operate recreational programs in any city lying wholly or partially within such county and having a population of 5,000 or less. FULTON COUNTY 49,100 45,059 51. (Ga. L. 1972 P. 1481) Proposed amendment to the Constitution to authorize the governing authority of Fulton County to district said county for the purpose of providing any or all services within such districts; to authorize the levy of taxes within such districts; and to provide the procedure in connection therewith. FULTON COUNTY 52. (Ga. L. 1972 P. 1472) Fulton County School District 17,267 21,432 Proposed amendment to the Constitution to remove the millage limitation for the support and maintenance of education in the Fulton County School District. FULTON COUNTY 53. (Ga. L. 1972 P. 1515) City of Atlanta in Fulton County 43,705 16,823 City of Atlanta in DeKalb County 2,066 1,032 Proposed amendment to the Constitution to authorize the governing authority of the City of Atlanta to establish one or more historic zones in the City and enact appropriate planning and zoning ordinances applicable thereto. FULTON COUNTY 54. (Ga. L. 1971 P. 955) City of Alpharetta 435 137 Proposed amendment to the Constitution to provide that residents of the City of Alpharetta who are 65 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. FULTON COUNTY 55. (Ga. L. 1971 P. 959) City of East Point 7,348 1,799 Proposed amendment to the Constitution to provide for homestead exemption for resident homeowners of the City of East Point in an amount not to exceed Two Thousand ($2,000.00) Dollars, and an amount not to exceed Four Thousand ($4,000.00) Dollars for resident homeowners over sixty-five (65) years of age whose net income for income tax purposes does not exceed Four Thousand ($4,000.00) Dollars per annum, and to provide for homestead exemption in an amount not to exceed Ten Thousand ($10,000.00) Dollars for certain disabled veterans. FULTON COUNTY 56. (Ga. L. 1971 P. 957) City of Hapeville 1,468 279 Proposed amendment to the Constitution to provide that residents of the City of Hapeville who are 65 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by said City. GLYNN COUNTY 2,488 2,128 57. (Ga. L. 1971 P. 975) Proposed amendment to the Constitution to authorize the governing authority of Glynn County to regulate and license businesses and persons and to levy license taxes upon businesses and persons in the unincorporated area of said county. GORDON COUNTY 2,098 1,488 58. (Ga. L. 1972 P. 1485) MURRAY COUNTY 835 612 WHITFIELD COUNTY 3,294 2,811 Proposed amendment to the Constitution to permit the establishment in Gordon, Murray and Whitfield Counties of a political subdivision having normal and extraordinary powers and to provide for the planned and orderly establishment and growth of such political subdivision as a new community; to authorize and grant to such political subdivision special powers, privileges and immunities, including powers permitting contracts governing taxation and exemptions therefrom by said political subdivision and between said political subdivision and other taxing authorities, and the powers to furnish utility services within said three counties, to own and pledge stock in corporations, to buy, sell, lease and develop real estate and, for a limited time, to incur debt and issue bonds without an election and not subject to any constitutional debt limit; to provide for the temporary government and permanent government of said political subdivision and the establishment of an industrial development authority therein; and to make other provisions in connection with the foregoing. GORDON COUNTY 59. (Ga. L. 1972 P. 1385) Gordon County School District 738 2,727 City of Calhoun School District 505 577 Proposed amendment to the Constitution to create the Gordon County School System by merging the independent school system of the City of Calhoun and the county school system of Gordon County into one school district; to create a Board of Education of said System and to provide for a School Superintendent of said System. GWINNETT COUNTY 13,978 4,401 60. (Ga. L. 1972 P. 1434) Proposed amendment to the Constitution to authorize the governing authority of Gwinnett County to provide for a system of control of dogs and cats within said county. GWINNETT COUNTY 13,342 5,601 61. (Ga. L. 1972 P. 1435) Proposed amendment to the Constitution to authorize the Board of Commissioners of Gwinnett County to provide systems of garbage disposal; to acquire and operate sanitary landfills; to provide for the division of said county into such territorial sanitation districts as said Board shall deem advisable; and to provide service charges against residents and businesses served by such garbage disposal facilities. 62. (Ga. L. 1972 P. 1379) HALL COUNTY 5,262 4,078 Hall County School District Proposed amendment to the Constitution to provide that the members of the Hall County Board of Education shall be elected by the electors of the Hall County School District, and to provide that the Hall County School Superintendent shall be appointed by the Board of Education of Hall County. 63. (Ga. L. 1972 P. 1429) HARALSON COUNTY 1,664 1,598 Proposed amendment to the Constitution to authorize the governing authority of Haralson County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, for any period not exceeding thirty (30) years with individuals, private firms and corporations for the lease, lease-purchase, purchase and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; and to provide that any obligation made by Haralson County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of the Constitution. 64. (Ga. L. 1972 P. 1497) HART COUNTY 1,125 785 Proposed amendment to the Constitution to create the Northeastern Hart County Water and Sewerage District encompassing those real properties in Hart County owned by Great Western-Georgia Corporation, a Georgia corporation, and to authorize the levy of taxes on the property in such District, without the allowance of any exemptions from taxation, and permit the issuance of bonds, payable from such taxes, by such District and the issuance of revenue bonds by such District not in excess of $6,000,000 principal amount to finance construction and maintenance of facilities to provide water, sewage disposal, and garbage collection services in such District, after the assent of a majority of the qualified voters voting in an election held thereon in the affected area. 65. (Ga. L. 1972 P. 1449) HENRY COUNTY 2,035 3,207 Proposed amendment to the Constitution to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County and to provide that the proceeds of such tax shall be appropriated in full to the Henry County Water and Sewerage Authority and used for water and sewerage or water or sewerage purposes and for the payment of water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by the County and the Henry County Water and Sewerage Authority and to otherwise support and maintain the operations of a water and sewerage system in Henry County and to provide funds for making additions, extensions and improvements thereto. 66. (Ga. L. 1971 P. 934) HOUSTON COUNTY 6,146 4,312 City of Perry 1,109 684 Proposed amendment to the Constitution to authorize the General Assembly to create a public authority and vest in it the authority to operate a system of telephonic communications in the Town of Perry and those areas now served by the Perry exchange. 67. (Ga. L. 1972 P. 1510) JACKSON COUNTY 2,566 1,362 Proposed amendment to the Constitution to create the West Jackson Fire District to serve the municipalities of Braselton and Hoschton, the unincorporated area of the Porters Militia District, the unincorporated area of the Hoschton Militia District and that portion of the Randolph Militia District within the West Jackson Fire District, and to authorize the levying of a tax on all taxable property in the territory comprising said fire district for fire protection purposes. LAURENS COUNTY 4,302 3,386 68. (Ga. L. 1972 P. 1432) Proposed amendment to the Constitution to authorize the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds. LEE COUNTY 519 450 69. (Ga. L. 1972 P. 1560) Proposed amendment to the Constitution to provide that the governing authority of Lee County shall have the power, for regulatory and revenue purposes, to levy, assess and collect license fees and occupational taxes, and to regulate, any persons, firms or corporations doing business within that portion of Lee County located outside of any incorporated municipalities, except businesses which are subject to regulation by the State Public Service Commission; to provide that the governing authority shall have the right and power to classify businesses and assess different license fees and occupational taxes against different classes of businesses; to authorize the governing authority of Lee County to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of such license fees and taxes; to provide for penalties; and to repeal that portion of Article VI, Section I of the Constitution which was ratified in the general election held on November 3, 1970 (Ga. Laws 1970, p. 1066). LOWNDES COUNTY 3,362 2,137 70. (Ga. L. 1972 P. 1452) Proposed amendment to the Constitution to provide for the election of the members of the Board of Tax Assessors of Lowndes County. NEWTON COUNTY 2,437 1,177 71. (Ga. L. 1971 P. 942) Proposed amendment to the Constitution to authorize the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill and fire protection districts and levy taxes on the property in such districts, without the allowance of any exemptions from taxation, after the assent of a majority of the qualified voters voting in an election held thereon in the affected areas. NEWTON COUNTY 2,391 1,232 72. (Ga. L. 1971 P. 945) Proposed amendment to the Constitution to authorize the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with any amusement or sporting activity in any unincorporated area of Newton County. OGLETHORPE COUNTY 920 333 73. (Ga. L. 1972 P. 1383) Proposed amendment to the Constitution to provide that there shall be a 20 mill limitation on the annual school tax levy for the support and maintenance of education in Oglethorpe County and to provide a procedure for the removal of such limitation. PAULDING COUNTY 1,922 1,175 74. (Ga. L. 1972 P. 1442) Proposed amendment to the Constitution to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements. PAULDING COUNTY 1,881 1,206 75. (Ga. L. 1972 P. 1444) Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; and to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Paulding County or other courts established by the General Assembly. PAULDING COUNTY 76. (Ga. L. 1972 P. 1413) City of Dallas 173 133 Proposed amendment to the Constitution to create the City of Dallas Parking Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Dallas and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivision of the State of Georgia, public corporations and others to authorize the City of Dallas to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Dallas. PEACH COUNTY 2,987 769 77. (Ga. L. 1972 P. 1381) Proposed amendment to the Constitution to authorize the Board of Education of Peach County to make grants for the purpose of educating or training certain handicapped citizens of Peach County. PICKENS COUNTY 78. (Ga. L. 1971 P. 970) City of Jasper 318 50 Proposed amendment to the Constitution to provide that residents of the City of Jasper who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. PIERCE COUNTY 671 581 79. (Ga. L. 1972 P. 1368) Proposed amendment to the Constitution to authorize and empower the Board of Commissioners of Pierce County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Pierce County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Pierce County. POLK COUNTY 80. (Ga. L. 1971 P. 980) City of Aragon 208 70 Proposed amendment to the Constitution to provide that residents of the City of Aragon who are 62 years of age or over and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City, and to provide that residents of the City of Aragon who are totally disabled veterans, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $10,000 from ad valorem taxation by said City. PUTNAM COUNTY 726 507 81. (Ga. L. 1972 P. 1504) City of Eatonton 679 298 Proposed amendment to the Constitution to authorize the General Assembly to provide by local Act for the creation of a Charter Commission to study all matters relating to the consolidation of government of the City of Eatonton and Putnam County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Putnam County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Putnam County for approval or rejection in such manner as the General Assembly shall provide by said local Act. BROOKS COUNTY 82. (Ga. L. 1972 P. 1458) City of Quitman 299 413 Proposed amendment to the Constitution to authorize the City of Quitman and its governing authority to combine and operate the water and sewerage system, the electric system and the gas system of said City as one revenue-producing utility and to issue revenue bonds without an election for acquiring, adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose. RICHMOND COUNTY 8,504 10,827 83. (Ga. L. 1971 P. 936) Proposed amendment to the Constitution to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all Richmond County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition. RICHMOND COUNTY 10,360 2,878 84. (Ga. L. 1972 P. 1456) Proposed amendment to the Constitution to provide that the tax commissioner of Richmond County shall be authorized to accept personal checks for the payment of the registration of motor vehicles and the sale of license plates therefor. SCREVEN COUNTY 938 304 85. (Ga. L. 1972 P. 1465) Proposed amendment to the Constitution to authorize the governing authority of Screven County to develop a system of solid waste collection and disposal and expend county funds therefor. SPALDING COUNTY 86. (Ga. L. 1971 P. 935) City of Griffin 2,083 903 Proposed amendment to the Constitution to authorize an increase in retirement benefits of retired employees of the City of Griffin. SUMTER COUNTY 87. (Ga. L. 1972 P. 1392) Sumter County School District 699 1,320 Americus School District 1,201 1,389 Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the merger of the Independent School System of the City of Americus and the existing Sumter County School System into one system, coextensive with the limits of Sumter County. SUMTER COUNTY 88. (Ga. L. 1972 P. 1483) City of Americus 595 1,706 Proposed amendment to the Constitution to provide for the establishment of a Downtown Americus Development Authority and to provide for the powers, duties, and responsibilities of said Authority. TOOMBS COUNTY 89. (Ga. L. 1972 P. 1370) Toombs County School District 912 562 Proposed amendment to the Constitution to authorize the General Assembly to provide for the election of the members of the Board of Education of Toombs County by the people. TROUP COUNTY 4,911 2,020 90. (Ga. L. 1972 P. 1367) Proposed amendment to the Constitution to authorize the governing authority of Troup County to assess and collect license fees from all persons, firms and corporations maintaining a place of business in said county outside the corporate limits of any municipality located therein. TROUP COUNTY 4,976 1,890 91. (Ga. L. 1972 P. 1473) Proposed amendment to the Constitution to authorize the clerk and deputy clerks of the Small Claims Court of Troup County to issue criminal warrants and to administer oaths and to take affidavits and issue garnishments, summonses and subpoenas. WHITFIELD COUNTY 93. (Ga. L. 1971 P. 977) City of Dalton 1,082 1,962 Proposed amendment to the Constitution to authorize the Board of Water, Light and Sinking Fund Commissioners of the City of Dalton to operate a system of telephonic communications and issue revenue bonds to finance such activities. WILKES COUNTY 94. (Ga. L. 1972 P. 1518) Wilkes County School District 892 485 Proposed amendment to the Constitution to provide for a different method of electing members of the Wilkes County Board of Education.

Page 1780

THEREFORE: I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim that the proposed amendments to the Constitution which are not general numbered 25, 26, 27, 28, 29, 31, 32, 33, 37, 38, 42, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 84, 85, 86, 89, 90, 91 and 94 have been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1973. FURTHER: I do hereby proclaim that the proposed amendments to the Constitution which are not general numbered 30, 34, 35, 36, 39, 41, 43, 44, 45, 52, 59, 65, 82, 83, 87, 88 and 93, not having been ratified according to the Constitution of this State, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia, not to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto,

Page 1781

at the State Capitol in the City of Atlanta on this the 29th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.

Page 1782

A PROCLAMATION BY THE GOVERNOR: WHEREAS: An amendment to the Constitution of Georgia of 1945, as amended, was proposed by Resolution in the House of Representatives and in the Senate of the State of Georgia, and was agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon and was thereafter designated Resolution Act No. 235; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that said proposed amendment was not general and determined that said proposed amendment directly affected DeKalb County and all municipalities wholly in DeKalb County; and WHEREAS: Said proposed amendment was published as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: Said proposed amendment was designated on the General Election Ballot as Amendment Number 40 as follows: H.R. 859-2043 Res. Act 235 (Ga. L. 1972 P. 1490) Shall the Constitution be amended so as to provide that the governing authority of DeKalb County and any city located wholly within the county, may charge a tax on the wholesale sales and to levy excise tax and licenses, or both, on the retail sale of alcoholic beverages, malt beverages, liquors and wines, and after deducting not more than 5% of the total receipts for the necessary cost of collecting and the administration of the regulations governing such sales, shall pay over to the school system providing local education to the area from which the tax or license fee was drawn, one-half of the net revenues collected, which may exceed the provisions of the Constitution limiting the millage for which educational taxes may be levied, and DeKalb County shall provide such portion as its governing authority may determine to be allocated to and used for the treatment and rehabilitation of chronic users of alcoholic beverages and liquors? and WHEREAS: Said proposed amendment was ratified by a majority of the electors qualified to vote thereon in each election district and political subdivision directly affected; and

Page 1783

WHEREAS: The votes in favor of ratifying and the votes against ratifying said proposed amendment are attached to this Proclamation and made a part hereof, the same having been certified to the Governor by the Secretary of State of Georgia. NOW, THEREFORE, I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim said proposed amendment, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election, and according to the certification delivered to me by the Secretary of State of Georgia, to be a part of the Constitution of the State of Georgia effective January 1, 1973. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto at the State Capitol, in the City of Atlanta, on this the 29th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.

Page 1784

OFFICE OF SECRETARY OF STATE I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify, that the attached two pages of photographed matter constitute a true and correct copy of the votes cast for and against Constitutional Amendment Number Forty (House Resolution No. 859-2043, Resolution Act No. 235) in each Election District in DeKalb County in the November 7, 1972, General Election, as same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 29th day of December, in the year of our Lord One Thousand Nine Hundred and Seventy-two and of the Independence of the United States of America the One Hundred and Ninety-seventh. DEKALB COUNTY ELECTION DISTRICTS FOR AGAINST Alexander 248 118 Ashford Park 816 330 Atherton 830 320 Avondale 1,098 347 Briarcliff 535 206 Briarlake 1,041 297 Briar Vista 585 222 Brockett 447 202 Brookhaven 855 406 Canby 889 347 Casa Linda 488 160 Cedar Grove 543 208 Chamblee 514 224 Chapel Hill 1,470 560 Clarkston 1,606 498 Clifton 764 325 College Heights A 94 42 College Heights B 0 0 Columbia 957 290 Coralwood 531 131 Cross Keys 875 358 Decatur-Clairmont 773 227 Decatur-Glenwood 213 86 Diamonds 148 92 Doraville 853 312 Durham 583 250 East Atlanta A 0 0 East Atlanta B 0 0 East Lake A 7 11 East Lake B 0 0 Eastland 298 153 Eastwyck 471 199 Edgewood A 0 0 Edgewood B 0 0 Edgewood C 0 0 Emory 864 262 Evans A 1,360 494 Evansdale 1,337 427 Fernbank A 943 257 Fernbank B 0 0 Fernbank C 172 34 Forrest Hills 351 155 Gainesborough 798 255 Gatewood 408 146 Gresham Park 694 317 Harts Mill 552 190 Hawthorne 885 249 Henderson 1,752 546 Heritage 968 310 Hightower 487 190 Hooper-Alexander 373 155 Huntley Hills 721 276 Idlewood 1,395 475 Jim Cherry 422 174 Johnson Estates A 674 262 Johnson Estates B 0 0 Kelley Lake 281 139 Kittredge 974 249 Knollwood 626 236 Lakeside 853 263 Laurel Ridge 866 264 Leslie J. Steele 238 132 Lindmoor 671 263 Lithonia 799 397 Margaret Harris 825 292 Mason Mill 725 229 McAfee 267 137 McLendon 535 199 McWilliams 733 290 Medlock 704 208 Midway Heights 639 269 Montclair 951 411 Montgomery 1,204 356 No. Kirkwood A 17 1 No. Kirkwood B 0 0 North Lake 1,070 333 Northwoods 841 237 Oakcliff 728 275 Oak Grove 689 223 Oakhurst 265 78 Parkview 54 31 Peachcrest 546 255 Peeler 1,854 600 Phillips 96 41 Pine Lake 1,490 538 Pleasantdale 729 259 Ponce de Leon 507 155 Redan 455 218 Rehoboth 616 208 Rowland 1,186 400 Sagamore 1,049 314 Scott 1,066 346 Scottdale 513 213 Shallowford 2,076 638 Silver Lake 588 214 Skyhaven 403 186 Skyland 1,017 491 Smoke Rise 1,186 354 So. Kirkwood A 0 0 So. Kirkwood B 0 0 South Chamblee 408 224 S. W. DeKalb 1,737 606 Stone Mountain 770 294 Terry Mill 286 169 Tilson 191 130 Toney 332 147 Towers 373 129 Tucker 897 294 W. D. Thomson 476 152 Wadsworth 540 216 Warren 515 192 Westchester 505 139 Winnona 457 120 Woodward 524 198 TOTAL 72,631 26,047

Page 1788

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendment to the Constitution of Georgia of 1945 as amended, having been proposed by Resolution in the Senate and the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon: and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was published as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendment have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendment are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST WARE COUNTY 4,034 2,831 92. (Ga. L. 1972 P. 145) Proposed amendment to the Constitution to authorize the governing authority of Ware County to issue general obligation bonds for the purpose of establishing education facilities beyond the twelfth grade and to levy taxes for the payment of such bonds.

Page 1789

THEREFORE: I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 92 has been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia. Unless the amendment itself shall provide otherwise, it shall become effective on January 1, 1973. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 4th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.

Page 1790

A PROCLAMATION BY THE GOVERNOR: WHEREAS: A Proclamation was issued by me, dated December 29, 1972, proclaiming the passage or defeat of certain local Constitutional Amendments according to the results of the 1972 General Election as certified to me by the Secretary of State: and WHEREAS: Based upon the certification received from the Secretary of State, Amendment No. 30. pertaining to the consolidation of the existing governments of Chatham County and the City of Savannah, was proclaimed as not having been ratified; and WHEREAS: An amended certification has been received from the Secretary of State based upon an amended consolidated county return received from the Honorable Shelby Myrick, former Ordinary of Chatham County, Georgia, which reads in part as follows: CONSTITUTIONAL AMENDMENT NUMBER 30 Shall the Constitution be amended so as to authorize an Act of the General Assembly abolishing and consolidating into a countywide government and existing governments of Chatham County and the City of Savannah, and providing for all matters relative thereto? Chatham County FOR AGAINST 13,797 8,948 City of Savannah FOR AGAINST 9,323 2,605 and WHEREAS: Said amended certification also includes a correction in the vote totals pertaining to Amendment No. 32, and reads in part as follows: CONSTITUTIONAL AMENDMENT NUMBER 32 Shall the Constitution of the State of Georgia be amended so as to name the acquisition, construction, improvement or modification of air or water pollution control facilities as being within the purposes of the Savannah Port Authority? Chatham County FOR AGAINST 11,896 5,038 City of Savannah FOR AGAINST 6,788 2,262 THEREFORE: Pursuant to the authority vested in me as Governor of the State of Georgia, it is hereby proclaimed that Constitutional Amendment No. 30 as shown on the ballot in the 1972 General Election, referred to hereinabove, having been ratified according to the Constitution of

Page 1791

the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the amended certification delivered to me by the Secretary of State of the State of Georgia, is a part of the Constitution of the State of Georgia. FURTHER: The Proclamation issued by me dated December 29, 1972, is hereby amended to show the correct vote totals pertaining to Constitutional Amendment No. 30 and Constitutional Amendment No. 32 as certified to me by the Secretary of State in his certification dated May 10, 1973, and set forth above. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol in the City of Atlanta on this the 11th day of May, 1973, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State